DETAILED ACTION
Claims 1-15, 21-25, and 27 are pending.
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 .
Priority
The instant application filed 9/13/2024 is a National Stage entry of PCT/US2023/064349, International Filing Date of 3/14/2023. PCT/US2023/064349 Claims Priority from Provisional Application 63269305, filed 3/14/2022.
Information Disclosure Statement
The Information Disclosure Statements (IDS) submitted on 6/25/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the Information Disclosure Statements are being considered by the Examiner.
Claim Objections
Claim 13 is objected to because of the following informalities: the claim ends with “thiophenyl).” The “)” is a typographical error. Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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 1-15, 21-25, and 27 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.
Claims 27, 1, 4, 6, 10-12, 15, 21, 23-24 all have multiple recitations of the phrase/abbreviation “(e.g.)” "for example." This 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 § 112
Claims 27 (the independent claim) and 23-25 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 27 is directed to, “[a] compound of Formula I, or a compound of Formula II, or a compound of Formula III, in free or salt form (c.g., pharmaccutically acceptable salt form).”
Formula I is:
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The problem is the claim simply stating a compound of Formula I does not define all the substituents (R1, R2, R3, L, Z) and all the “providing” statements required to define the scope of the formula (and the allowable subject matter), as such this claim is indefinite as the claim does not define the entire genus of compounds without defining the substituents and “providing” statements. This follows for the limitation to “Formula II” and “Formula III.” Also, since claim 27 is not defined, claims 23-25 only referring to claim 27 are not defined.
Allowable Subject Matter
The scope of claims 1, 6, and 15 and their dependent claims are directed to allowable genus claims of compounds. The closest prior art is US 20170319580 A1. ‘580 is directed to pharmaceutical compositions thereof, and methods of use in the treatment of diseases involving the 5-HT2A receptor. The genus is directed to:
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The instant claims directed to Formulas I and II are novel and non-obvius as they are directed to specific linkers, chains, and as defined in these claims, the “Z” group makes these compounds distinct. In Formula III, the claims are directed to a novel open core structure substituted with an acetyl group, this open form is not found in the art. As such the subject matter is novel and non-obvious.
Conclusion
No claims allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J SCHMITT whose telephone number is (571)270-7047. The examiner can normally be reached M-F 8-6 MidDay Flex.
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/MICHAEL J SCHMITT/Examiner, Art Unit 1629
/JEFFREY S LUNDGREN/Supervisory Patent Examiner, Art Unit 1629
