DETAILED ACTION
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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 12 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 12 is indefinite wherein the claim has various undefined functional groups in the compounds. For example, the compounds contain X1 and X2 variables, but these variables are not defined in the claim and therefor render the claim indefinite. Adding the definitions of the X-groups in to the claim or changing the claim to depend on claim 11 would overcome this rejection.
Allowable Subject Matter
Claims 1-11 and 13-19 are allowed. The closest prior art is seen to be WO2020/006157 who discloses structurally similar compounds where bifunctional compounds comprising a binder of an E3 ubiquitin ligase (eg – cereblon) linked to another moiety that is a binder of a protein DOT1L. The compounds therein comprise similar structures such as:
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and
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which differ from those herein in at least the base used wherein the art uses a purine base and the present compounds comprise a pyrrolopyrimidine base. It is noted that while certain species set forth in present claim 13 also comprise a purines base as in ‘157, there is no trail blazed in ‘157 which would direct a skilled artisan to the species herein. For example, compound 11 herein comprises a purine base, but also comprises a piperazine linker which is not taught or suggested in ‘157.
Conclusion
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/TRAVISS C MCINTOSH III/ Primary Examiner, Art Unit 1693
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