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 .
Priority
The instant application was received 20 September 2024; it is a national stage application of PCT/EP2023/057247 filed 21 March 2023, and claims priority to GB2203976.2 filed 22 March 2022. Acknowledgment is made of Applicant’s claim for foreign priority and a certified copy of the priority document has been received.
Status of the Claims
The listing of claims filed 13 October 2025 has been reviewed.
Claims 1, 3-4, 6, 9, 11, 19, 24, 27, 39, 41, 44-45, 47, 53-57, and 62 are pending.
Claims 3-4, 6, 9, 11, 19, 24, 27, 39, 41, 44-45, 47, and 57 are amended.
Claim 2, 5, 7-8, 10, 12-18, 20-23, 25-26, 28-38, 40, 42-43, 46, 48-52, 58-61, and 63-67 are cancelled.
Claims 1, 3-4, 6, 9, 11, 19, 24, 27, 39, 41, 44-45, 47, 53-57, and 62 are examined on the merits.
Information Disclosure Statement
The Information Disclosure Statement (IDS) filed on 13 October 2025 is acknowledged and has been considered.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it uses a phrase which can be implied, specifically “The present disclosure provides…” A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 1, 4, 11, 41, 44, and 53-54 are objected to because of the following informalities:
Claim 4 recites, “…wherein L1 and L2 is each independently absent or C1-C5alkylene.” [Emphasis added.] For clarity, Examiner suggests changing “is” to “are”
Claim 11 recites “R6” and claim 1, upon which claim 11 depends, recites “R6”. Examiner requests subscript/superscript usage be made consistent in all instances where the same variable is being recited.
Claim 11, which depends on claim 1, recites R6 can be -CH2CN, -CH(CH3)CN, and/or -CH2CF3, which implies R6 may be either a substituted or unsubstituted alkyl. However, claim 1 recites, “…R6 is alkyl, -O-alkyl, cycloalkyl, or heterocyclyl…” For clarity, Examiner requests claim 1 be amended to indicate the alkyl in R6 may be substituted or unsubstituted as supported by the disclosure.
Claim 41, which depends on claim 1, recites
PNG
media_image1.png
100
99
media_image1.png
Greyscale
may be
PNG
media_image2.png
138
135
media_image2.png
Greyscale
, which implies the heterocyclyl formed by two X groups together with the atoms to which they are attached may be substituted. For clarity, Examiner suggests claim 1 be amended to indicate X may be substituted or unsubstituted as supported by the disclosure. Claims 44 and 54 have a similar issue, as both claims recite X being halogen-substituted alkoxy groups like
PNG
media_image3.png
151
173
media_image3.png
Greyscale
.
Claim 53 recites the compound
PNG
media_image4.png
180
204
media_image4.png
Greyscale
(p. 14), wherein the nitrogen-containing heterocyclyl has a nitrile-substituted alkyl group. Regarding R6 and R8-11, claim 1 fails to mention any amino, amido, or nitrile groups. For clarity, Examiner suggests claim 1 be amended to indicate the groups included in R6 and R8-11 may be substituted or unsubstituted as supported by the disclosure.
Claim 1 lacks an express indication that the instantly recited functional groups may be either substituted or unsubstituted. For clarity, Examiner requests claim 1 be amended to indicate the instantly recited functional groups may be either substituted or unsubstituted as appropriate and as supported by the disclosure.
Appropriate correction is requested.
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 3 and 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 3, which depends on claim 1, recites, “…R10 is H, F, C1-5alkyl, or -L2-R7; and…” Although claim 1 recites R7 can be alkyl, claim 1 recites R10 is H, halogen, or -L2-R7. Accordingly, there is insufficient antecedent basis for the limitation that R10 can be C1-5alkyl.
Claim Rejections - 35 USC § 112(d)
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 27, and 45 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 27, which depends on claim 1, recites, “…wherein R10 is methyl and R11 is H, F, methyl or O-methyl…” Claim 1 recites, “…R7 is H, alkyl, -O-alkyl, cycloalkyl, or heterocyclyl… R11 is H, halogen, or alkyl…” Thus, claim 27 improperly expands R10 to include alkyl and improperly expands R11 to include -O-methyl.
Claim 45, which depends on claim 1, recites, “…wherein R3 is methyl, ethyl, isopropyl, n-propyl, -CH2OH, -CH2OCH3, CH2N(CH3)2, -CH(OH)(CH3)2 or -CH2(OH)CH3.” However, claim 1 recites, “…R3 is hydrogen, alkyl, -(C=O)-ORA, -(C=O)-N(RA)2, cycloalkyl, heterocyclyl, aryl, or heteroaryl…” Thus, claim 1 fails to indicate R3 can be alkoxy and, accordingly, claim 45 improperly broadens the scope of claim 1.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1, 3-4, 6, 9, 11, 19, 24, 27, 39, 41, 44-45, 47, 53-57, and 62 contain allowable subject matter. None of the prior art of record nor a search in the pertinent art area teaches a compound of Formula (I).
The following is a statement of reasons for the indicated of allowable subject matter:
The closest prior art is Li (WO 2022/017339 A1; IDS dated 13 October 2025, Cite No. 021) and Kurhade (WO 2021/130731 A1; IDS dated 13 October 2025, Cite No. 019). Shown below are exemplary compounds disclosed by Li (p. 13, Compound 16) and Kurhade (p. 405, Lines 32-33), which share some structural similarities to the instantly claimed compounds:
[AltContent: rect][AltContent: rect]
PNG
media_image5.png
151
255
media_image5.png
Greyscale
PNG
media_image6.png
210
377
media_image6.png
Greyscale
The instantly claimed compounds differ from Li and Kurhade in the following respects:
In the instantly claimed compounds, “…
PNG
media_image7.png
70
120
media_image7.png
Greyscale
is a nitrogen-containing heterocyclyl...” (Claim 1). However, in the compound disclosed by Li, the corresponding group is an oxygen-containing heterocyclyl.
In the instantly claimed compounds, the compounds are phthalazine-based. However, the compounds disclosed by Kurhade are quinazoline-based.
[AltContent: rect][AltContent: rect]
PNG
media_image8.png
174
299
media_image8.png
Greyscale
PNG
media_image9.png
169
280
media_image9.png
Greyscale
Thus, while Li’s and Kurhade’s compound shares some structural similarities with the instantly claimed compounds having a structure of Formula (I), a skilled artisan would not have been motivated to make the aforementioned changes as a whole to the structures which would have resulted in compounds having a structure of Formula (I).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIANNA L BAUER whose telephone number is (571)272-5752. The examiner can normally be reached 8am-5pm.
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, ADAM C MILLIGAN can be reached at (571)270-7674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/B.L.B./Examiner, Art Unit 1623
/CLINTON A BROOKS/ Supervisory Patent Examiner, Art Unit 1621
Prosecution Insights