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, 18-22 and 24 are currently pending in the instant application. Applicants have amended claims 1, 14 and 18-22 and canceled claims 15-17, 23 and 25 in an amendment filed on September 9, 2024. Claims 1-14, 18-22 and 24 are rejected in this Office Action.
I. Priority
The instant application is a 371 of PCT/US2023/014957, filed on March 10, 2023 which claims benefit of US Provisional Application 63/318,538, filed on March 10, 2022.
II. Information Disclosure Statement
The information disclosure statements (IDS) submitted on September 9, 2024 and April 23, 2026 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, 18-22 and 24 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. Specifically, the term “including” renders the products indefinite as the term “including” can be considered open-ended language when not clearly defined and therefore is including additional subject matter in the compounds of the formula I that is not described in the instant specification and is not particularly pointed out or distinctly claimed. A claim to a chemical compound cannot be open-ended, but must be claimed with precision. This rejection can be overcome by amending the limitation “including enantiomers, diasteromers, hydrates, solvates, pharmaceutically acceptable salts, isotopic analogs, prodrugs and complexes thereof” so that it now reads “or an enantiomers, diasteromer, hydrate, solvate, pharmaceutically acceptable salt, isotopic analog, prodrug or complex thereof”.
IV. Objections
Claim Objections
Claim 1 is objected to because of the following informalities: claim 1 contains the phrase “A compound having formula (I)” which should read “A compound of formula (I)”. Appropriate correction is required.
V. 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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