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 .
DETAILED ACTION
Claims 1-14 are currently pending in the instant application. Applicants have amended claims 1-14 in an amendment filed on December 3, 2024. Claims 1-14 are rejected in this Office Action.
I. Priority
The instant application is a 371 of PCT/EP2023/054138, filed on February 20, 2023 and claims benefit of Foreign Application EPO 22315036.8, filed on February 21, 2022.
II. Information Disclosure Statement
The information disclosure statements (IDS) submitted on July 31, 2024 and December 3, 2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
III. Rejections
Claim Rejections - 35 USC § 112
The following is a quotation of the second paragraph of 35 U.S.C. 112:
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 1-14 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 1 recites the limitation "A compound of the formula (I)" but there is no mention of “A compound of a formula (I)”previously in the claim. It is unclear what “formula I” Applicants are referring back to with this limitation. There is insufficient antecedent basis for this limitation in the claim. Applicants are suggested to amend claim 1 so that the limitation “A compound of the formula (I)” now reads “A compound of formula (I)” to overcome the rejection.
Claim 13 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 13 recites the limitation "treating a pathology involving the NOD-like receptor protein 3(NLRP3) inflammasome" but there is no mention of “a NOD-like receptor protein ”previously in the claim. It is unclear what “NOD-like receptor protein” Applicants are referring back to with this limitation. There is insufficient antecedent basis for this limitation in the claim. Applicants are suggested to amend claim 13 so that the limitation "treating a pathology involving the NOD-like receptor protein 3(NLRP3) inflammasome” now reads "treating a pathology involving a NOD-like receptor protein 3(NLRP3) inflammasome” or "treating a pathology involving NOD-like receptor protein 3(NLRP3) inflammasome" to overcome the rejection.
***Closest prior art is WO 2020/021447 which teaches compounds such as
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89
193
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and differs from the instant compounds
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348
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because the sulfur atom in the polycyclic ring is in a different position. The prior art does not suggest or teach the above claimed compounds of formula I.
IV. Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shawquia Jackson whose telephone number is 571-272-9043. The examiner can normally be reached on 7:00 AM-3:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Adam Milligan can be reached on 571-270-7674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAWQUIA JACKSON/ Primary Examiner, Art Unit 1626
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