Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/26/2026 has been entered.
Status of Claims
Claims 1, 7, 9-20, and 23-27 are pending in the instant application. Claims 26-27 are new claims. Claim 26 is a new claim and drawn to the elected invention of group I while claim 27 is drawn to nonelected subject matter (method of treatment described in group II). Thus claims 9, 11, 12, 14-16, 20, 25, and 27 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
An action on the merits of claims 1, 7, 10, 13, 17-19, 23, 24, and 26 is contained herein. The search of the claims have been extended to cover the full scope of claim 13.
Previous Objections/Rejections
Any rejections or objections stated of record in the office action mailed on 2/25/2026 that are not explicitly addressed herein below, are hereby withdrawn in light of applicant's arguments and/or amendments filed 5/26/2026.
New Rejections
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 13, 17-19, 23, 24, and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated over DIVAKARAN, A, et al., "Molecular Basis for the N-Terminal Bromodomain-and-Extra- Terminal-Family Selectivity of a Dual Kinase-Bromodomain Inhibitor", J. Med. Chem. 61(20), 9316-9334 (2018)-mentioned in IDS.
DIVAKARAN, A, et al., teach a myriad of species and compositions thereof such as:
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314
466
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310
436
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(see pages 9318, compound V, page 9322, compound IX
and page 9331 starting under viability assays for testing compounds in compositions thereof) wherein G = -CH or N, R1 = substituted phenyl or methyl, R2 = substituted phenyl, R3 = H, and F = -NH which anticipate the claims. Applicants are to be aware of other species in this document which may anticipate the claims.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 7, 10, 17, 19, and 23 are rejected under 35 U.S.C. 103(a) as being unpatentable over US Patent 6,218,537.
The instant claims may be drawn to the following compounds and compositions thereof:
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804
586
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556
590
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wherein the fluoro atom is replaced with hydrogen or alkoxy and other variables are defined as G = -CH, R1 = unsubstituted phenyl, R2 = substituted phenyl, R3 = H, and F = -NH.
Patent ‘537 teaches a myriad of compounds and compositions thereof such as those shown above wherein R1 = fluoro substituted phenyl (see col. 58, lines 40-65 for compounds and col. 40, lines 29-65 for compositions thereof). The difference as stated previously is the substitution of hydrogen or alkoxy for F on the phenyl ring at variable R1. However the document teaches that the phenyl group may be unsubstituted (F replaced with H) or even substituted with alkoxy and are equivalent (see col. 3, lines 58-65, variable R4 being phenyl):
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660
560
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. Thus the claimed compounds would have been considered obvious over the prior art.
Conclusion
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN E MCDOWELL whose telephone number is (571)270-5755. The examiner can normally be reached on 8:30-6 MF.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Murray can be reached at 571-272-9023. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN MCDOWELL/
Primary Examiner, Art Unit 1624
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