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 .
Claims 1- 5, 7-11, 13 and 14 are currently pending in this Application.
Priority
CONTINUING DATA
This application is a 371 of PCT/EP2023/065025 06/06/2023
FOREIGN APPLICATIONS
EP 22177977.0 06/09/2022
Claim Rejections - 35 USC § 112
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 13 and 14 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.
Claims 13 and 14 are rejected under 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 13 is directed to products of Formula (Ia),
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. The claim depends on claim 1, and there is no variable “Y” recited in claim 1 and the variable “Y” is not defined in claim 13. Claim 1, only allows the presence of
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Therefore, said claim does not further limit claim 1. Applicants 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.
Claim 14 is directed to products of Formula (Ib),
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. The claim depends on claim 1, and variable “Z” recited in claim 1, does not allow the presence of “OH” in that position. Variable “Z” as defined in claim 1, is directed to heterocyclic groups only. Therefore, said claim does not further limit claim 1. Applicants 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
The invention of claims 1- 5, and 7-11, are drawn to products of Formula I,
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; process of preparing products of Formula I and method of using products of Formula I. The products of the instant claims are novel and non-obvious over the prior art. The closest prior art is WO 2021/211974 A1 (US equivalent is US Patent Publication No. 20230150940), which teach products of Formula
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and their method of preparation. The prior art does not teach the heterocyclic moiety of variable “Z” and the five-membered heterocyclic group attached to the substituted phenyl group as required in the instantly claimed compound according to Formula (I). Furthermore, the prior art does not provide any teaching, suggestion or motivation to modify the prior art invention and arrive at the instantly claimed product according to Formula (I).
Therefore, claims 1- 5, and 7-11 are allowable.
Telephone Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAMAL A SAEED whose telephone number is (571) 272-0705.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicants are 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.
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/Kamal A Saeed/
Primary Examiner, Art Unit 1626
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