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
This is a response to Applicant’s communication filed on June 23, 2026. Application No. 18/649,184, filed April 29, 2024, is a Divisional of U.S. Nonprovisional application No. 16/344,195, filed April 23, 2019, (issued U.S. Patent No. 11,970,486), which is a 371 of PCT/US2017/058144, filed October 24, 2017, and claims the benefit of U.S. Provisional applications Nos: 62/534,990, filed July 20, 2017; 62/443,040, filed January 6, 2017; and 62/412,119, filed October 24, 2016. In an amendment filed July 15, 2024, Applicant cancelled claims 1-159. In an amendment filed December 23, 2025, Applicant added new claims 166-176. Claims 160-176 are examined below.
Objection Withdrawn
The objection to claim 164 under 37 CFR 1.75(c) as being in improper form because it is a multiple dependent claim is withdrawn in view of Applicant’s June 23, 2026, Amendment & Remarks. See MPEP § 608.01(n).
Rejections Withdrawn
The rejection of claims 160, 166-170, and 173-175 under 35 U.S.C. 102(a)(1) as being anticipated by Sakagami et al., U.S. Patent No. 8,889,674, is withdrawn in view of Applicant’s June 23, 2026, Amendment & Remarks.
The rejection of claims 160-176 on the ground of nonstatutory double patenting as being unpatentable over claims 3-8 of U.S. Patent No. 11,873,298, is withdrawn in view of Applicant’s June 23, 2026, Remarks.
The rejection of claims 160-176 on the ground of nonstatutory double patenting as being unpatentable over claims 11-16 of U.S. Patent No. 12,275,723, is withdrawn in view of the Terminal Disclaimer filed June 23, 2026. .
The rejection of claims 160-176 on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 of U.S. Patent No. 12,433,880, is withdrawn in view of the Terminal Disclaimer filed June 23, 2026.
New Rejection Necessitated by Applicant’s June 23, 2026, Amendment
Claim Rejections - 35 USC § 102(a)(1)
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 160-170 are rejected under 35 U.S.C. 102(a)(1) being anticipated by Bluhm et al., US2008/0221092 A1. The CAS abstract for Bluhm discloses the following compound used for the treatment of neurological disorders (as claimed by the present invention):
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(Bluhm et al., citing the CAS Abstract for the compound depicted above; see Bluhm et al., ‘US PGPub ‘092, p. 2, para. [0014], for the use of the compound depicted above in treating neurological diseases.) This compound reads on a compound of Formula Ia, wherein Formula Ia B is Formula Ib; L2 is -C(O)-; m and n are 0; R1 is an optionally substituted heteroaryl; Het is
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, X3 is O; and R5 is a substitute aryl.
Claims 160-170 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grauert et al., US2013/0143870 A1. The CAS abstract for Grauert discloses the following compound used for the treatment of neurological disorders (as claimed by the present invention):
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316
575
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(Grauert et al., citing the CAS Abstract for the compound depicted above; see Grauert et al., ‘US PGPub ‘870, Abstract, for the use of the compound depicted above in treating neurological diseases.) This compound reads on a compound of Formula Ia, wherein Formula Ia B is Formula Ib; L2 is -C(O)-; m and n are 0; R1 is an optionally substituted heteroaryl-alkyl; Het is
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84
132
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, X3 is O; and R5 is a substitute aryl.
Conclusion
Claims 160-170 are not allowed.
Claims 171-176 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY R ROZOF whose telephone number is (571)270-5992. The examiner can normally be reached on Monday - Friday, 9:00 a.m. -5:00 p.m..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Kosar can be reached on (571) 272-0913. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY R ROZOF/
Primary Examiner, Art Unit 1625
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