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 .
Election/Restrictions
Applicant's election with traverse of the species of Example 24, represented by the following structural formula:
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in the reply filed on 8/27/2026 is acknowledged. The traversal is on the ground(s) that the present claims meet the requirements of a technical interrelation between the alternatives of present Formula (III) and include a technical feature not disclosed in the references of record, wherein structures with the 6-(2-aminothiazolyl)-5-azabenzimidazole scaffold are not represented in the references of record and, accordingly, constitute a common chemical scaffold shared by the claimed compounds and are a contribution over the art of record.
These arguments have been carefully considered, and have been found persuasive. Therefore, the species election set for in the 6/29/2026 restriction requirement is WITHDRAWN.
Claims 4-8 are currently pending and under consideration.
Information Disclosure Statement
The information disclosure statement filed on 03/06/2026 is acknowledged and has been considered except where lined through.
Specification
It is noted that claim 5 recites a Table. Claims may contain tables either if necessary to conform to 35 U.S.C. 112 or if otherwise found to be desirable (see 37 CFR 1.58). In the instant case, the examiner was initially concerned with the “size” of the chemical structures and not being able to accurately depict the chemical structure. However, a review of the PG Pub of the application clearly shows the compounds and appears to remove the table formatting.
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 4 and 6-8 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.
Claim 4 recites [A] compound of formula (III):
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, wherein
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. While it is recognized in the art that the “squiggly” line represents a point of attachment, it is unclear whether the nitrogen and/or R3 of formula (III) is attached to the carbonyl or to the nitrogen of the unnatural amino acid. It is noted that all of the compounds of claim 5 appear to be attached through the carboxyl group to the nitrogen of formula (III). However, this appears to be in contrast to typical reading of organic structures from “left to right” where it would be assumed that the nitrogen of formula III is attached to the nitrogen of the unnatural amino acid. Thus, the “squiggly” lines representing points of attachment which renders the claim indefinite. The “squiggly” lines representing points of attachment is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Conclusion
Claim 5 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The compounds encompassed by a compound of formula (III) appear to be free of the prior art. The closest prior art is considered to be CAS Registry No: 2241333-58-2 (entered into STN on 2018-08-22) having the structure
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which differs from the instantly claimed compound by at least R2 and not containing
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON J FETTEROLF whose telephone number is (571)272-2919. The examiner can normally be reached M-F 6AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey S Lundgren can be reached at 571-272-5541. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BRANDON J. FETTEROLF, PHD
Primary Patent Examiner
Art Unit 1626
/BRANDON J FETTEROLF/Primary Examiner, Art Unit 1626
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