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 .
DETAILED ACTION
Claims 1-23 and 26 are currently pending in the instant application. Applicants have amended claims 2 and 4-23, canceled claims 24-25 and added new claim 26 in an amendment filed on June 24, 2024. Claims 1-23 and 26 are rejected in this Office Action.
I. Priority
The instant application is a 371 of PCT/CN2022/143665, filed on December 29, 2022 and claims benefit of Foreign Applications CHINA 202111655759.X, filed on December 30, 2021; CHINA 202210249052.7, filed on March 14, 2022 and CHINA 202211064932.2, filed on August 31, 2022.
II. Information Disclosure Statement
The information disclosure statement (IDS) submitted on June 24, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
III. Rejections
Claim Rejections - 35 USC § 112
The following is a quotation of the second paragraph of 35 U.S.C. 112:
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 1-23 and 26 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. Regarding claims 1, 2, 4-9, 11-14, 16, and 20, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Applicants are suggested to delete the phrase that include “preferably” or “more preferably”.
Claim Rejections - 35 USC § 102
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 1-5, 8, 16, 17, 23 and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 113473971 A. The instant invention claims
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and all other variables are as defined in claim 1.
The CN 113473971 A reference teaches pyrazole compounds such as
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(See page 304, paragraph [2483]) wherein Ring A is quinoline; Ring B is a pyridine; y is 0; x is 2; one R1 is Cl and the other is triazole; R3 is F and R2 is trifluoromethyl which are useful in inhibiting MALT1. The prior art also teaches the use of these compounds in treating diseases, conditions, disorders, etc. that are affected by the modulation of MALT1. This species of compound anticipates the genus compound of the instant invention, wherein the genus structure and its definitions are stated above.
Claims 1-5, 8, 16, 17, 23 and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 110214136 A. The instant invention claims
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and all other variables are as defined in claim 1.
The CN 110214136 A reference teaches pyrazole compounds such as
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(See page 304, paragraph [2483]) wherein Ring A is
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; Ring B is a pyridine; y is 0; x is 2; two R1 are Me and the other is triazole; R3 is H and R2 is trifluoromethyl which are useful in inhibiting MALT1. The prior art also teaches the use of these compounds in treating diseases, conditions, disorders, etc. that are affected by the modulation of MALT1. This species of compound anticipates the genus compound of the instant invention, wherein the genus structure and its definitions are stated above.
Claim 19 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2022/081928 A1. The instant invention claims
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The WO 2022/081928 reference teaches pyrazole compounds such as
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(See page 395, compound 2) wherein Ma, Mb, Mc and Md are C, ring C is
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and R5 is Br. This species of compound anticipates the genus compound of the instant invention, wherein the genus structure and its definitions are stated above. Applicant cannot rely upon the certified copy of the foreign priority application to overcome this rejection because a translation of said application has not been made of record in accordance with 37 CFR 1.55. When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate. See MPEP §§ 215 and 216.
Claim 19 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 112125885 A. The instant invention claims
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The CN 112125885 A reference teaches pyrazole compounds such as
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(See page 17, compound I-1c) wherein Ma, Mb, Mc and Md are C; ring C is
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and one of R5 is Br and the other is NO2. This species of compound anticipates the genus compound of the instant invention, wherein the genus structure and its definitions are stated above.
IV. Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shawquia Jackson whose telephone number is 571-272-9043. The examiner can normally be reached on 7:00 AM-3:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Adam Milligan can be reached on 571-270-7674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAWQUIA JACKSON/ Primary Examiner, Art Unit 1626
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