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
Claims 1-18 and 20-21 are pending in the present application file.
Election/Restrictions
Applicant’s election of Group I (claims 1-18; directed to compound of formula (I)) and a species of present formula (I) without traverse in the reply filed May 22, 2026 is acknowledged.
As per MPEP 803.02, the examiner will determine whether the entire scope of the claims is patentable. Applicants' elected species of present formula (I) appears free of the prior art. Therefore, according to MPEP 803.02: should the elected species be found allowable, the examination of the Markush-type claim will be extended. If the examination is extended and a non-elected species found not allowable, the Markush-type claim shall be rejected and claims to the nonelected invention held withdrawn from further consideration. The examination of the Markush-type claims has been extended to include the species cited below under 35 U.S.C. 102, which is not allowable, as well as the species of claims 5, 9-10 and 13-17, which 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.
As a non-elected species has been found not allowable, the Markush-type claims have been rejected and claims to the nonelected invention held withdrawn from further consideration. Claims 1-2, 4-7, 9-11 and 13-18 have been examined to the extent that they embrace and are readable on the elected embodiment and the above identified nonelected species. Since the nonelected species has been found not allowable, subject matter not embraced by the elected embodiment or the above identified nonelected species is therefore withdrawn from further consideration.
Claims 3, 8, 12, and 20-21 do not read on the presently searched and examined subject matter. Therefore, claims 3, 8, 12, and 20-21 are withdrawn from consideration by the Examiner under 37 CFR 1.142(b) as being drawn to a non-elected invention.
Priority
The following continuity data is acknowledged in the present application file:
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Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The Information Disclosure Statement(s) filed 03/07/2024, 10/07/2024 and 07/15/2025 have been acknowledged by the Examiner. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the Examiner.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
In chemical patent abstracts for compounds or compositions, the general nature of the compound or composition should be given as well as its use, e.g., “The compounds are of the class of alkyl benzene sulfonyl ureas, useful as oral anti-diabetics.” Exemplification of a species could be illustrative of members of the class. For processes, the type of reaction, reagents and process conditions should be stated, generally illustrated by a single example unless variations are necessary.
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the abstract should. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 4, 6-7, 9, 11 and 18 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by US 8501763 (Liang et al.; Publication Date: 08/16/2013).
Liang discloses inhibitors of focal adhesion kinase, an enzyme involved in the attachment of the cytoskeleton of a cell to an extracellular matrix, which has been implicated in processes such as cell migration, cell proliferation, and cell survival. The inhibitors are derivatives of a 5-substituted 2,4-diaminopyridine. Liang also provides a method of using the inhibitors in treatment of cancer, and methods of preparation of the inhibitors by use of coupling reactions. See abstract.
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Liang provides specific compound example Compound 75, which corresponds to a compound of present formula (I) wherein,
X is NH
Y is NH
R1 is F
R2 is H
R3 is H
Ring A is a ring within group IV
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151
191
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Z is C(O)
Rj is H
Ri is C1 alkyl
p is 0
Ring B is a ring within group IA (
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233
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)
W is O
Ro is C1 alkyl
s is 2
t is 0
See present claims 1, 4, 6 and 11.
Compound 75 is also encompassed by present formula (Ia) of claim 9 where R1 is H, R2 is F, R3 is H, ring A is selected from a ring within group III, and ring B is selected from a ring within group IA.
Liang discloses a pharmaceutical composition comprising a compound of the invention and a pharmaceutically acceptable excipient which can be a carrier or diluent. See col. 13, lines 20-43.
Regarding claims 2 and 7, the present claims only recite what is required when the compound of according to claim 1 or claim 6 has X, Y, R2 having specified moieties as well as ring A with group I or II; and does not apply to embodiments involving where ring A is group III-V. As present claims 1 and 6 have been anticipated, present claims 2 and 7 are also anticipated by the prior art as the claim is not concerned with the embodiments of compounds where ring A is group III-IV.
Claims 1-2, 4, 11 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by PubChem CID 117076580 (Publication Date: 02/11/2016).
PubChem CID 117076580 is directed to 4-N-(3H-benzimidazol-5-yl)-2-N-(4-morpholin-4-ylphenyl)pyridine-2,4-diamine which has the following structure:
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311
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PubChem CID 117076580 corresponds to a compound of present formula (I) wherein,
X is NH
Y is NH
R1 is H
R2 is H
R3 is H
Ring A is a ring within group V (last compound, first row of pg 8)
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169
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Rn is H
p is 0
Ring B is a ring within group IA (
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165
231
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)
W is O
Ro is C1 alkyl
s is 2
t is 0
Regarding present claim 18 which is drawn to a pharmaceutical composition comprising a compound of the formula I and a pharmaceutically acceptable carrier, the PubChem entry includes predicted properties including mass and molar solubilities at varying pH values. MPEP 2131.02 states:
A reference disclosure can anticipate a claim when the reference describes the limitations but "'d[oes] not expressly spell out' the limitations as arranged or combined as in the claim, if a person of skill in the art, reading the reference, would ‘at once envisage’ the claimed arrangement or combination.” Kennametal, Inc. v. Ingersoll Cutting Tool Co., 780 F.3d 1376, 1381, 114 USPQ2d 1250, 1254 (Fed. Cir. 2015)
In this situation, a person having ordinary skill in the art in viewing the properties of the PubChem entry would at once envisage a composition with the compound and water, which is a pharmaceutically acceptable carrier.
Claims 1-2, 4-7, 11 and 18 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by WO 2018098561 A1 (Upadhayaya et al.; Publication Date: 06/07/2018; International Filing Date: 12/01/2017).
Upadhayaya discloses fused pyrimidine compounds, particularly pyrrolopyrimidine and thienopyrimidine compounds and derivatives thereof, pharmaceutical compositions thereof, and methods of inhibiting BRD4 and/or JAK2, as well as methods of treating various diseases and conditions, such as cancer and leukemia. See abstract.
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Upadhayaya provides specific compound examples in Table 6 and in particular on page 117, Upadhayaya discloses a compound which corresponds to a compound of present formula (I) wherein,
X is NH
Y is NH
R1 is H
R2 is H
R3 is H
Ring A is a ring within group III (last compound, last row of pg 4)
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176
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Rl is H
Rk is C4 alkyl
p is 0
Ring B is a ring within group IA (
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165
231
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)
W is NRy
Ry is C1 alkyl
s is 2
t is 0
See present claims 1, 4-6 and 11.
Upadhayaya discloses a pharmaceutical composition comprising a compound of the invention and a pharmaceutically acceptable excipient which can be a carrier or diluent. See paragraphs 00232-00242.
Regarding claims 2 and 7, the present claims only recite what is required when the compound of according to claim 1 or claim 6 has X, Y, R2 having specified moieties as well as ring A with group I or II; and does not apply to embodiments involving where ring A is group III-V. As present claims 1 and 6 have been anticipated, present claims 2 and 7 are also anticipated by the prior art as the claim is not concerned with the embodiments of compounds where ring A is group III-IV.
Allowable Subject Matter
Claims 10 and 13-17 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.
Conclusion
Claims 1-2, 4-7, 9, 11 and 18 are rejected.
Claims 10 and 13-17 are objected to.
Claims 3, 8, 12, and 20-21 are withdrawn.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUINCY A MCKOY whose telephone number is (703)756-4598. The examiner can normally be reached Monday - Thursday 8:00 - 6:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Murray can be reached at 571-272-5541. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/QUINCY A. MCKOY/
Patent Examiner, Art Unit 1626
/KAMAL A SAEED/Primary Examiner, Art Unit 1626
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