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 .
Application Status
The preliminary amendment filed on 4/30/2025 is acknowledged. Claims 1-4, 7-10, 13, 16, 20-23, 25-29 and 32 are currently pending and under consideration.
Information Disclosure Statement
The information disclosure statements filed on 7/30/2024, 2/20/2025, 7/29/2025 and 8/20/2025 have been considered except where lined through.
Claim Interpretation
Although the terms “aryl” and “heteroaryl” have been defined in the present application as “substituted or unsubstituted” (pages 28-29), it appears that the claims ring A is not defined as optionally substituted as opposed to how R3 is being claimed. As such, the examiner is interpreting ring A to be an unsubstituted aryl or heteroaryl.
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, 10, 23 and 32 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 4, 10, 23 and 32, the phrase "preferable" or “e.g.” followed by specific examples renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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, 10, 13, 16, 20-21 and 27 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by SYNGENTA PARTICIPATIONS AG (WO2008/132434A2, 2008-11-06, IDS) referred to herein as Syngenta.
Syngenta teach a compound of formula I
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121
236
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and methods for controlling fungal infections (abstract). Specifically, Syngenta teach a compound having the formula
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187
355
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which reads on X,Y, and Z being CR1, R1 is H, A is an aryl, R2 is a hydrogen and R3 is a 5 membered heteroaryl containing at least two N as claimed in the instant application (Cmpd 435, page 69). Moreover, Syngenta teaches that the compounds can be used to treat fungal infections in humans and animal subjects, wherein the compounds are combined with a pharmaceutically acceptable carrier (page 102, lines 7-10).
Conclusion
Claims 1-4, 10, 13, 16, 20-21, 23, 27 and 32 are rejected for the reasons set forth above.
Claims 7-9, 22, 25-26 are 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.
Claims 28-29 are allowable.
The closest prior art relating to the claimed compounds wherein A is a heteroaryl could be considered to be Fink et al. (US20160176871A1, 2016-06-23) whom teaches pyridinylpyrrolopyridinyl pyridinyl acetamide compounds and methods of using said inhibitors for treating proliferative disorders and disorders of dysregulated apoptosis such as cancer, wherein the PG Pub specifically teaches a compound having the structure
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252
462
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which differs from the claimed compound in R3 being a heteroaryl vs. a non-aromatic heterocycle of the prior art. The prior art does not teach or suggest these modifications to arrive at the instantly claimed compounds.
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.
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, 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