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 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 30 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.
Regarding claim 30, the position of Ra of Formula IC and IIC renders the claim indefinite because it is unclear whether the position of Ra in Formula IC and IIC falls within the scope of claim 1. As claim 30 depends from claim 1, which teaches the above position as Q with the limitations of O, CRcRd and =CRc. The limitations of Ra per claim 1 is relevant to embodiment Z and not Q. Ultimately, the metes and bounds of the claim is unclear.
Allowable Subject Matter
Claims 1-5, 10, 16-20, 23, 31-32, 35 and 42-45 are free of the arts. Closest prior art is of Bauer et al. (WO 2018111707 A1). Bauer teaches a pharmaceutical composition for the treatment of IDH1 or IDH2 mutant cancer comprising administration of Formula I:
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(Pg. 2) and a pharmaceutically acceptable carrier (Pg. 3, lines 19-21). The teachings of Bauer differ from claimed invention of R1 and R2 not connected as per claim 1 of claimed invention.
Conclusion
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MIKHAIL O'DONNEL. ROBINSON
Examiner
Art Unit 1627
/MIKHAIL O'DONNEL ROBINSON/Examiner, Art Unit 1627
/SARAH PIHONAK/Primary Examiner, Art Unit 1627
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