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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3, 5, 7, 9, 17-21 and 24-30 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent 11795158 and 12421208 Johannes. Johannes teaches a method of treating cancer using a pharmaceutical composition of a compound such as ‘158 example 1 col 13, example 6 col 21, example 13 col 32 and claim 1 and example 56 col 93 for ‘208. These examples teach compounds that can be used to treat cancer (see col 3 of ‘158) and abstract of ‘208.
Claims 1, 3, 5, 7, 9, 17-21 and 24-30 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by WO2021/260092. WO teaches compounds to treat cancer such as formula (I) page 2. Treatment of cancer on page 4 line 15. Pharmaceutical compositions on page 4 line 5 and page 9 line 15. And compounds such as example 6 page 19 that anticipate the instant claims.
Claims 1, 3, 5, 7, 9, 17-21 and 24-30 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by WO2023/146957 (priority dating to 01/7/2022). WO teaches compounds such as formula (I) page 18. Compounds such a #2 on page 41. Example #5, page 41 has compounds from claim 24. #25 on page 44 ha cyclopropyl for R8. These compounds treat cancer. This anticipates the instant claims.
Claims 1, 3, 5, 7, 9, 17-21 and 24-30 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by WO2022/247816 (priority to May 24, 2021). WO teaches compounds such as example 10 page 12 as cancer treatments and pharmaceutical compositions. This anticipates the instant claims.
Claim Objections
Claims 2, 22 and 23 are objected to because of the following informalities: These claims depend from a rejected base claim but would be allowable if rewritten in independent form with all intervening limitations. Appropriate correction is required.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to D MARGARET M SEAMAN whose telephone number is (571)272-0694. The examiner can normally be reached M-F 8am-4pm Eastern.
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, Andrew Kosar can be reached at 571-272-0913. 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.
/D MARGARET M SEAMAN/Primary Examiner, Art Unit 1625
Prosecution Insights