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 .
Information Disclosure Statement
The information disclosure statements (IDSes) submitted on 08/20/2024 and 12/11/2025 were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites
PNG
media_image1.png
110
320
media_image1.png
Greyscale
which is missing a space at
PNG
media_image2.png
21
57
media_image2.png
Greyscale
. Appropriate correction is required.
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 recites “wherein the compound is selected from any one of Examples 1-123”. Where possible, claims are to be complete in themselves. Incorporation by reference to a specific figure or table "is permitted only in exceptional circumstances where there is no practical way to define the invention in words and where it is more concise to incorporate by reference than duplicating a drawing or table into the claim. Incorporation by reference is a necessity doctrine, not for applicant’s convenience." Ex parte Fressola, 27 USPQ2d 1608, 1609 (Bd. Pat. App. & Inter. 1993). See MPEP 2173.05(s). There is no exceptional circumstance to permit the reference to Examples 1-123 in the specification which includes references to tables. Furthermore, some examples such as Example 1 refer not only to compounds but also their syntheses which renders the reference to the specification unclear. To overcome this rejection, it is suggested applicant recite the structures and/or names of the compounds of Examples 1-123 in the body of the claim.
Allowable Subject Matter
The closest prior art is WO 2023/043816 A1, effectively filed 17 September 2021, which teaches antiviral compounds of Formula (I)
PNG
media_image3.png
132
214
media_image3.png
Greyscale
such as
PNG
media_image4.png
111
211
media_image4.png
Greyscale
at Para. [0113] which have the same scaffold as the instantly claimed compounds of Formula 1. The compounds differ from those instantly claimed in the substituents present at the following positions of instant Formula I:
PNG
media_image5.png
136
263
media_image5.png
Greyscale
. The variable R5 in the prior art is drawn to cyclic structures (Para. [0093]) and the instantly claimed substituted amide group in said position is neither taught nor suggested. Furthermore, the difluoroalkyl group required by the instant claims is neither taught nor suggested by the prior art as the examples are drawn to alkyl-heterocyclyl moieties in the corresponding position and there is no suggestion to substitute the claimed difluoroalkyl for any of R1, R2 and R3 of the prior art compound(s). Accordingly, to arrive at the instantly claimed compounds would require multiple substitutions to the prior art compounds which are suggested neither individually or as a whole by the prior art. Accordingly, claims 1-19 are both novel and nonobvious over the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JED A KUCHARCZK whose telephone number is (571)270-5206. The examiner can normally be reached Mon-Fri 7:30 to 5.
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 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.
/JED A KUCHARCZK/Examiner, Art Unit 1623
/VALERIE RODRIGUEZ-GARCIA/Primary Examiner, Art Unit 1621
Prosecution Insights