CTNF 18/705,114 CTNF 101728 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority This application claims benefit under 35 U.S.C. 119 or 365, and is a National Stage entry from International Application No. PCT/EP2022/080058, filed 27 October 2022, which claims priority to the benefit of European Application No. EP21205213, filed on 28 October 2021 in the European Patent Office. The certified copy of the foreign application has been received and acknowledged. Information Disclosure Statement The information disclosure statement (IDS) filed on 24 June 2024 has been acknowledged and considered. Claim Objections 07-05-06 Claim 23 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 22. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). Claim Rejections - 35 USC § 112(d) 07-36 AIA The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claim 11 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 11 recites: “The compound according to Claim 10, wherein the bicycle containing rings A and B is a compound of formula [five distinct bicyclic rings].” Claim 10 recites: “A compound of formula (IB): PNG media_image1.png 293 548 media_image1.png Greyscale …” The compound of formula IB does not have a variable B ring, but a fixed heterocyclic ring with nitrogen atoms in adjacent positions. Claim 11 is an improper dependent claim because it fails to incorporate by reference all the limitations of claim 10, as evidenced by the expanded scope of the B ring in compounds of formulae (XX), (XXII), and (XXIV). Applicant may cancel the claim 11, amend claim 11 to place it in proper dependent form, rewrite the claim in independent form, or present a sufficient showing that claim 11 complies with the statutory requirements. Allowable Subject Matter Claims 1-10, 12-16, 18, and 21-40 contain allowable subject matter. The closest prior art is Kang et al. (D2 of Written Opinion from ISA), which discloses optimization of the imidazo[1,2- a ]pyridine amide (IPA) with an amide linker and an N-benzyl substituent. Kang et al. states: “Linearity and lipophilicity of the amine part in the IPA series play a critical role in improving in vitro and in vivo efficacy and pharmacokinetic profile.” (p. 5293, Abstract). Examples of the compounds synthesized in Kang et al. closest to the claimed invention are shown in Table 3 (below). Specifically, compound 40 of Kang et al., which contains a pyrrole fused with a cyclohexane ring, is closest to the claimed invention. However, the D ring of the claimed invention is not disclosed or suggested by Kang et al. and differs from compound 40 of Kang et al. in structure and bonding to the bicyclic ring to the benzyl substituent. There is no teaching nor suggestion to make modifications to compound 40 to arrive at the claimed invention. Accordingly, claims 1-10, 12-16, 18, and 21-40 are both novel and nonobvious. PNG media_image2.png 42 652 media_image2.png Greyscale PNG media_image3.png 303 889 media_image3.png Greyscale Conclusion Claims 1-10, 12-16, 18, and 21-40 are allowable. Claim 11 is rejected. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAHIL CHANDER AGGARWAL whose telephone number is (571)272-7755. The examiner can normally be reached 7am-5pm. 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, Adam C Milligan can be reached at (571) 270-7674. 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. /SAHIL CHANDER AGGARWAL/Examiner, Art Unit 1623 /ADAM C MILLIGAN/Supervisory Patent Examiner, Art Unit 1623 Application/Control Number: 18/705,114 Page 2 Art Unit: 1623 Application/Control Number: 18/705,114 Page 3 Art Unit: 1623 Application/Control Number: 18/705,114 Page 4 Art Unit: 1623 Application/Control Number: 18/705,114 Page 5 Art Unit: 1623
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