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
This application was filed 11/12/2024 and is a 371 of PCT/EP2023/062530 (05/11/2024) and a 371 of PCT/EP2023/062530 (05/11/2023). Claims 6, 11-12, 15, 17-20, 24-25 and 27-28 have been canceled. Claims 1-5, 7-10, 13-14, 16, 21-23, 26 and 29-33 are before the Examiner.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-5, 7-10, 13-14, 16k 21-23, 26 and 29-33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 11673902 Nasveschuk and Dolente US Patents 12344613, 12479849 and 12552801. Nasveschuk teaches the instantly claimed allosteric EGFR inhibitor of formula (I) in claim 1 Col 1281 line 5 with the specific B ring as claims 2 and 8. One or more active ingredients at paragraph 20. Osimertinib or other specific active ingredients paragraphs 4, 114, 115,and 138 along with Col 18 Detailed description of the invention where in the first paragraph the types of cancer are listed. The other active ingredient Osimertinib is named again Col 19 line 6. Embodiment 119 has osimiertinib along with the compounds of formula (I) to treat cancer. Dolente patents all teach the instantly claimed formula (I) with other active ingredients to treat the specific cancers T790M and L858R in paragraph 64. This anticipates the instant claims.
Conclusion
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.
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/D MARGARET M SEAMAN/Primary Examiner, Art Unit 1625
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