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 Status
Claims 3-13 and 15-23 are pending. Claims 3–11, 13, and 15-23 are allowed. Claim 12 is rejected.
Response to Amendment/Arguments
Applicant’s amendments have overcome the previously presented rejections.
Claim Rejections - 35 USC § 112(d)
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 12 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 12 is broader in scope than claim 3 from which it depends. The claim recites compounds that are not embraced by instant formula (I) such as
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and
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.
The exemplary compounds contain moieties other than: R2 selected from H, halogen or OR6; and the following core sulfonamide
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, neither of which is provided for in instant claim 3.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 3-11, 13, and 15-23 allowed.
The following is an examiner’s statement of reasons for allowance:
The closest prior art references are by Rocchi et al. (WO 2017/017004 A1) and Millet al. ("Discovery and Optimization of N-(4-(3-Aminophenyl)thiazol-2-yl)acetammide as a Novel Scaffold Active against Sensitive and Resistant Cancer Cells", JOURNAL OF MEDICINAL CHEMISTRY, vol. 59, no. 18, p. 8276-8292, 2016-09-22. cited in the IDS filed 06/19/2024).
Rocchi et al. teach (title) “substituted hydrophobic benzene sulfonamide thiazole compounds for use in treating cancer” and disclose the following compounds which are analogous to those of the instant claims (pages 28, 29, 37):
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.
Compounds Ia-11 and Ia-12 are analogous to a compound of instant formula (I) where R3 is NR4R5, R4 is H, R5 is COR7, and R7 is C1 alkyl; however, the compounds differ from the instant compounds as the acetamide group is unsubstituted and there is a heterocycle in the position of R2 which is not provided for in the instant formula. Compound IIIa-1 is R2 is H, R3 is NR4R5, R4 is H, R5 is COR7, and R7 is C1 alkyl; however, the compound differs from the instant compounds as the acetamide group is unsubstituted and the compound has an n-hexyl substituent where the instant claims require n-pentyl.
Compound Ia-11 is also analogous to the following compound of instant claim 4 but differs by having an unsubstituted acetamide group:
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.
Millet et al. disclose compound 5t represented below (page 8279, Table 1):
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.
The prior art compound is analogous to a compound of instant formula (I) where R2 is H, R3 is NR4R5, R4 is H, R5 is COR7, and R7 is C1 alkyl; however, the compound differs from the instant compounds as the acetamide group is unsubstituted.
Neither Rocchi et al. nor Millet et al. provide motivation or guidance for modifying their acetamide substituents in a manner that would produce compounds embraced by the instant claims therefore the prior art references neither anticipate nor render obvious the instant claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLI A CHICKS whose telephone number is (571)270-0582. The examiner can normally be reached M-Th 7 a.m.- 5 p.m..
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/A.A.C./Examiner, Art Unit 1626
/MATTHEW P COUGHLIN/Primary Examiner, Art Unit 1626