DETAILED ACTION
Claims 1-20 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
The instant application filed 3/14/2024 is a National Stage entry of PCT/JP2022/034552, International Filing Date of 9/15/2022 and claims foreign priority to 2021-152086, filed 9/17/2021; claims foreign priority to 2021-191637, filed 11/26/2021; claims foreign priority to 2022-093120, filed 6/8/2022.
Information Disclosure Statement
The Information Disclosure Statement (IDS) submitted on 6/14/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the Information Disclosure Statement is being considered by the Examiner.
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 1-2, 6-7, 9-10, 12, 14-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee, WO 2020/240493 published 12/3/2020.
Lee teaches the following generic structure:
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384
614
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Lee teaches the following anticipatory compounds, 66 and 78:
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144
392
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202
382
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The species above have the benzene ring as seen in Chemical Formula 2 as Ring A. The m and n are 1. The R1 group is a substituted pyridine. The R2 group is a substituted pyridine or substituted benzene. The rest of the instantly claimed R groups can be hydrogen; therefore these compounds anticipate claim 1.
Instant claim 2 limits the A ring to structures including benzene, therefore these compounds anticipate claim 2.
Instant claim 6 requires R1 to nitrogen containing, this is the case for both species and is therefore anticipatory.
Instant claim 7 is to the A ring benzene, this is shown in both species.
Instant claim 9 requires m to be 0 or 1, the species are 1.
Instant claim 10 requires the linker to R1 to be hydrogen substituted, this is the case in both species.
Instant claim 12 requires the linker to R2 to be substituted with hydrogen, this is the case in both species.
Instant claims 14-18 simply state the intended use of a compound, and the intended use doesn’t change the structure of the compound. Therefore the compound itself would have the activity and is anticipatory.
Instant claim 19 is directed to preventing by administration. Therefore a person without the disease is within the scope. Given that Lee teaches these compounds as administered to subjects, the act of administration with “prevent” a disease in the subject.
Instant claim 20 is directed to the intended use of the compound, the intended use doesn’t change the structure of the compound. Therefore the compound itself would have the activity and is anticipatory.
Claim Rejections - 35 USC § 102
Claims 1-2, 4-7, 9-10, 12, 14-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujiwara, WO 94/19342 published 9/1/1994.
Fujiwara teaches the following generic structure:
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232
398
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Fujiwara teaches the following anticipatory compound:
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442
622
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This compound specifically anticipates instant claims 4-5 which require the R2 substituent to be a 6-membered aromatic with one halogen and another G group, in this case 2 chlorines.
Claim Rejections - 35 USC § 102
Claims 1-2, 6, 8-9, 12, 14-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gaudio, WO 2019/185117 published 10/3/2019.
Gaudio teaches the following structure:
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282
242
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This structure anticipates instant claim 8 specifically for requiring the “A” ring as being pyridine.
Claim Rejections - 35 USC § 102
Claims 1-2, 6-7, 9-12, 14-18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seong, WO 2008/004716 published 10/1/2008.
Seong teaches the following structure as an intermediate
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254
316
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This structure anticipates instant claim 11 specifically for requiring a halogen at R6 ring as being pyridine. This is an intermediate and therefore doesn’t anticipate the method claims.
Allowable Subject Matter
Claims 3 and 13 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 allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J SCHMITT whose telephone number is (571)270-7047. The examiner can normally be reached M-F 8-6 MidDay Flex.
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/MICHAEL J SCHMITT/Examiner, Art Unit 1629
/JEFFREY S LUNDGREN/Supervisory Patent Examiner, Art Unit 1629
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