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
Priority
18841478, filed 08/26/2024, is a National Stage entry of PCT/US2023/013990, International Filing Date: 02/27/2023. PCT/US2023/013990 Claims Priority from Provisional Application 63314580, filed 02/28/2022.
Status of Claims
Claims 1, 4, 10, 15, 23, 28, 31, 36, 50, 64-69, 72-73, 78, 80-83, 85, 87, 93, 95, 98, and 100 are currently pending. Claims 2-3, 5-9, 11-14, 16-22, 24-27, 29-30, 32-35, 37-49, 51-63, 70-71, 74-77, 79, 84, 86, 88-92, 94, 96-97, 99, and 101-104 have been canceled.
Claims 1, 4, 10, 15, 23, 28, 31, 36, 50, 64-69, 72-73, 78, 80-83, 85, 87, 93, 95, 98, and 100 were examined. Claims 1, 4, 15, 23, and 81-82 are rejected. Claims 10, 28, 31, 36, 50, 64-69, 72-73, 78, 80, 83, 85, 87, 93, 95, 98, and 100 are objected to.
Claim Rejections-35 USC § 102
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, 4, 15, 23, and 81-82 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aurora Fine Chemicals, published at various dates in 2020-2021 (CAS records displayed below).
Aurora Fine Chemical disclosed the following compounds that are included within formula I:
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. For the above shown compounds, R1 is selected from one of the bicyclic structures recited in instant claim 1; R5=H; R5A=H; R3, R4= each H; m=1; L=-C(O)-; w=0 or 1; x=0 or 1; Ra=methyl or fluoro; and R2=methyl. Claims 81-82 recite the compound as the R-enantiomer, and from the above shown compounds the different enantiomers would have been encompassed by the shown structures. Aurora Fine Chemicals therefore anticipates the claims.
Claim Objections
Claims 10, 28, 31, 36, 50, 64-69, 72-73, 78, 80, 83, 85, 87, 93, 95, 98, and 100 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.
Information Disclosure Statements
The IDS filed on 4/17/25 have been considered.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH PIHONAK whose telephone number is (571)270-7710. The examiner can normally be reached Monday-Friday 9:00-5:30 EST.
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SARAH . PIHONAK
Primary Examiner
Art Unit 1627
/SARAH PIHONAK/Primary Examiner, Art Unit 1627
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