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
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on 1/7/2022. It is noted, however, that applicant has not filed a certified copy of the CN202210018141.0 application as required by 37 CFR 1.55. The effective filing date of the current application is 7/7/2022 which is the filing date of PCT/CN2022/104398.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-3, in the reply filed on 7/20/2026 is acknowledged. Upon further review, restriction requirement between groups I and IV is withdrawn. Claims 9-10 and 14-17, directed to an adenosine receptor inhibitor (9, 14-15) and an anti-tumor drug (10, 16-17) are interpreted as composition claims comprising the compound of claims 1-3.
Claims 4-8 and 11-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/20/26.
Claims 1-3, 9-10 and 14-17 are considered on the merits.
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 1-3, 9-10 and 14-17 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. The claims are directed to:
“A kind of 1-aminobenzo-[4,6]-imidazo[1,2-a]pyrazine-3-formaldehyde compound…”
It’s unclear if the claimed compound is limited to the compound of formula (I), or if the term “A kind of” expands the scope of the claim beyond the depicted structure. The meaning of “A kind of” and what limitations the term imposes upon the scope of the claim is unclear.
In order to advance examination, Examiner will interpret the claim to be limited to the scope of compound of formula (I).
Claims 9-10 and 14-17 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. The claims are directed to an inhibitor or a drug that uses the compound of claim 1, 2 or 3 as the main active ingredient. The limitation of the term “uses” is not clear because the term uses suggests an active step or carrying out of a function. However, the claims are directed to a product, an inhibitor or a drug and no method steps are recited. In order to advance Examination, Examiner will interpret the claims to be directed to a composition comprising compound of claim 1, 2 or 3 with an intended use as an inhibitor or an anti-tumor drug.
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.
Claim(s) 1-3, 9-10 and 14-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN110606850A (CN) (the original document and the translation are provided by applicant with IDS)
Claim interpretation
Claims 9-10 and 14-17 are directed to an adenosine receptor inhibitor or to an anti-tumor drug that uses compound of claim 1, 2 or 3 as the main active ingredient. The claims are interpreted as being directed to a composition with an intended pharmacological use. Since compound of claim 1 is the sole claimed component of the composition, recitation of the compound will be interpreted as meeting all the limitations directed to the composition.
Rejection
CN discloses compound 31 (paragraph [0181] of the original document) which is the same as compound 14v of claim 3. Compound 31 anticipated claims 1-3:
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In the summary of the invention (translation document) CN discloses the disclosed compounds to be inhibitors of adenosine receptor and anti-tumor medicines:
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578
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Since the compound itself is the only required component of the composition of claims 9-10 and 14-17, and CN discloses the claimed component, the limitations directed to the composition are met.
Conclusion
Claims 1-3, 9-10 and 14-17 are rejected
Claims 4-8 and 11-13 are withdrawn
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YEVGENY VALENROD whose telephone number is (571)272-9049. The examiner can normally be reached Mon-Fri 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy L Clark can be reached at 571-272-1310. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YEVGENY VALENROD/Primary Examiner, Art Unit 1628
