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 .
Priority
This application was filed 06/24/2024 which is a 371 of PCT/CN2023/076078 (02/15/2023) which claims foreign priority to China 202210199543.5 (03/01/2022). Claims 1-76 are before the Examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 71-76 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because “Use of” is non-statutory subject matter.
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.
Claims 1, 13 and 14 are 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. For claim 1, after the definition for R4, the paragraphs starts “The substituents of the substituent group are…”. What substituents? Of what group? Is this a new sentence? For claims 13 and 14, these claims have two sentences. The claims are supposed to be one sentence in length. Corrections is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-76 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Powers US Patent 7429560. Powers teaches compounds such as C2 compound AK295 as a pharmaceutical. This anticipates the instant claims.
Claims 1-76 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kling US Patent 8598211. Kling teaches compounds as pharmaceuticals such as Table A and claim 1. This anticipates the instant claims.
Claims 1-76 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lynch USPGPub 20150274777. Lynch teaches claim 1 and claim 23 which teaches compounds as pharmaceuticals. This anticipates the instant claims.
Claims 1-76 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee. Lee teaches compounds such as Figure 1 #2, 2i and 2l. These are compounds and pharmaceuticals. This anticipates the instant claims.
Claims 1-76 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hassan. Hassan teaches Bestatin Analogs on page 2 and Table 1. These are compounds and pharmaceuticals. This anticipates the instant claims.
Claims 1-76 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang. Huang teaches compounds such as Table 2 page 6 10a-k and Table 3 page 8. These are compounds and pharmaceuticals. This anticipates the instant claims.
Claims 1-76 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bihovsky. Bihovsky teaches compounds such as table 1 8m-8q. These are compounds and pharmaceuticals. This anticipates the instant claims.
Claims 1-76 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cui. Cui teaches compounds such as formula III. These are compounds and pharmaceuticals. This anticipates the instant claims.
Claims 1-76 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peltason. Peltason teaches compounds such as p1871 c). These are compounds and pharmaceuticals. This anticipates the instant claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to D MARGARET M SEAMAN whose telephone number is (571)272-0694. The examiner can normally be reached M-F 8am-4pm Eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Kosar can be reached at 571-272-0913. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D MARGARET M SEAMAN/Primary Examiner, Art Unit 1625
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