NON-FINAL REJECTION
This application is a 35 U.S.C. 371 (national stage) application of PCT/KR2022/013519, filed Sep. 8, 2022, which claims benefit of foreign priority to KR 10-2021-0119526, filed Sep. 8, 2021, and KR 10-2022-0113977, filed Sep. 8, 2022.
Claims 1-10, as amended, are pending.
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 .
Priority
Acknowledgment is made of applicant's claim to foreign priority under 35 U.S.C. 119(a)-(d).
Information Disclosure Statement
The information disclosure statements (IDS) submitted on Mar. 8, 2024, May 20, 2025, Jun. 27, 2025, and May 6, 2026 (2) are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Group I, drawn to compounds, and compound 37 as the compound species, having the structural formula,
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114
354
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in the reply filed on Jun. 1, 2026 is acknowledged.
Claims 6-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions and/or species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on Jun. 1, 2026.
Because the elected compound is free of the prior art, search and examination has been extended to the next species. See MPEP § 803.02.
Claims 1-5 are currently pending and under consideration.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CAS Registry (compounds cited on the IDSs dated 3/8/2024 and 5/6/2026).
CAS Registry discloses compounds having the following CAS Registry numbers and structural formulae:
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180
422
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CAS RN 2203513-46-4
Entry Date 4/2/2018
R1 is tert-butyloxycarbonyl
A is unsubstituted piperidine
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138
308
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CAS RN 2204591-94-4
Entry Date 4/3/2018
R1 is hydrogen
A is unsubstituted piperidine
which read on formula (1) as recited by claim 1, as indicated above.
CAS Registry further discloses compounds having the following CAS Registry numbers and structural formulae:
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180
362
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CAS RN 1384265-94-4
Entry Date: 7/25/2012
R1 is hydrogen
A is phenyl,
substituted by NO2
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144
294
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CAS RN 1446713-89-8
Entry Date 7/31/2013
R1 is hydrogen
A is phenyl,
di-substituted by halogen (fluorine)
which read on formula (1) as recited by claims 1-4, as indicated above.
For the foregoing reasons, claims 1-4 are anticipated.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (cited on the IDS dated 5/20/2025).
Li et al. exemplify compound (3h) (p. 1137), having the structural formula:
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144
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Compound 3h
(CAS RN 1446713-89-8)
R1 is hydrogen
A is phenyl,
di-substituted by halogen (fluorine)
which reads on formula (1) as recited by claims 1-4, as indicated above.
For the foregoing reasons, claims 1-4 are anticipated.
Claim Objections
Claim 5 is 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
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARA E. TOWNSLEY whose telephone number is 571-270-7672. The examiner can normally be reached on Mon-Fri from 10:00 am to 6:00 pm (EST). If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Jeff S. Lundgren, 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.
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/SARA E. TOWNSLEY/Examiner, Art Unit 1629
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