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 .
Election/Restrictions
Applicant’s election of the following species
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wherein the variables of the generic compound of claim 1 are defined as follows:
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in the reply filed on 9/24/2026 is considered to be without traverse since Applicants to not specifically argue the species election. Upon review of the elected species and expansion of said species for prior art, the examiner has withdrawn the species election.
Claims 1, 3, 5-7, 10-11, 13, 15, 18, 20, 22, 24-27, 30, 34-35, 37-38, 40, 43-46 and 49 are currently pending and under consideration.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed on 10/16/2024 is acknowledged and has been considered except where lined through.
Claim Rejections - 35 USC § 112
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, 3, 5-7, 10-11, 13, 15, 18, 20, 22, 24-27, 30, 34-35, 37-38, 40, 43-46 and 49 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.
Regarding claim 1, claim 1 recites the variable R9A, but does not appear to define what R9A encompasses. There is a portion of the claim which discusses, for example, R9 being fused with R9A to form CH2 or CH2-CH2. However, there is nothing within the claim or specification which defines what R9A encompasses. Accordingly, one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Note: Claims 3, 5-7, 10-11, 13, 15, 18, 20, 22, 24-27, 30, 34-35, 37-38, 40, 43-46 and 49 have been included in the rejection since they depend and/or include claim 1, but do not define what is encompassed by R9A.
Conclusion
Claims 1, 3, 5-7, 10-11, 13, 15, 18, 20, 22, 24-27, 30, 34-35, 37-38, 40, 43-46 and 49 are free of the prior art. The closest prior art is considered to be WO2020131627A1 to Array Biopharma, INC (2020-06-25, IDS) whom teaches compounds of the general formula I:
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which are inhibitors of FGFR1, FGFR2, FGFR3, and/or FGFR4 which are useful for treating diseases and disorders mediated by FGFR1, FGFR2, FGFR3, and/or FGFR4 (Abstract). With regards to Ring A, the WO document teaches that ring A includes, but is not limited to, pyrazoles and/or triazolyl compounds (see for example paragraphs 00150 and 00152). With regards to ring B, the WO document teaches ring B includes, but is not limited to, azetidinyl, pyrrolidinyl, piperidinyl or a piperazinyl (see paragraphs 00173-00181). Regarding ring C, the WO document teaches that ring C includes, but is not limited to, alkylcyclo compounds, as well as, heterocycle compounds such as
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or
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(see paragraphs 00209-00216). For example, the WO document teaches compounds having the structure:
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(cmpd 53) or
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(cmpd 84). The prior art differs from the instantly claimed compound in that L is absent and ring C is an oxygen containing heterocycle and there is no teaching or suggestion in the prior art to make this modification or substitution in order to arrive at the instantly claimed compounds.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON J FETTEROLF whose telephone number is (571)272-2919. The examiner can normally be reached M-F 6AM-4PM.
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, Jeffrey S Lundgren can be reached at 571-272-5541. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BRANDON J. FETTEROLF, PHD
Primary Patent Examiner
Art Unit 1626
/BRANDON J FETTEROLF/Primary Examiner, Art Unit 1626
