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 .
Non-Final Rejection
The Status of Claims:
Claims 1-9 are pending.
Claims 1-9 are rejected.
DETAILED ACTION
1. Claims 1-9 are under consideration in this Office Action.
Priority
2. It is noted that this application is a 371 of PCT/JP2023/024148 06/29/2023 which has a foreign priority document, JAPAN JP2022-105474 06/30/2022.
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Drawings
3. The drawing filed on 12/17/24 is accepted by the examiner.
IDS
4. The IDS filed on 12/17/24 & 7/23/26 are reviewed by the examiner.
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 1-9 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 pre-AIA the applicant regards as the invention.
In claim 1, the phrase “A composition for suppressing proliferation of cancer stem cells containing as an active ingredient a triazorohalopyrimidine compouna ” is recited.
This expression can be confusing because this is a hybrid claim of combining a composition and a method claim. The examiner recommends to separate it into two different claims.
Claim Rejections - 35 USC § 102
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.
Claim(s) s 1-9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated clearly by Nagamasu et al (CA 03135449), which is equivalent to Nagamasu et al (WO 2020204024).
Nagamasu et al discloses a compound and its pharmaceutical composition containing its compound as shown below:
A 5-chloro-8-methyl-[1,2,4]triazolo[1,5-c]pyrimidine
compound represented by the following general formula (III)
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wherein R represents an aryl group.
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as in claims 5-9 (see page 20 , scheme 2, compounds# 6)
9. A pharmaceutical composition, containing as an active ingredient at least one compound selected from the group consisting of the compounds according to claims 1 to 8.
10. An antitumor composition, containing as an active ingredient at least one compound selected from the group consisting of the compounds according to claims 1 to 8. (see pages 70-71 & 73, claims 3, 9-10)
According to the triazolopyrimidine compound,, R is preferably an aryl group, more preferably an aryl group having a substituent for phenyl group being a halogen atom, a nitro group or a nitrile group, in terms of cell proliferation inhibitory activity (see page 12, a paragraph#0017)
Also it teaches that the triazolopyrimidine compounds of the present invention and a composition containing the foregoing compound are useful as a therapeutic agent for malignant tumors. The tumors include cancer, sarcoma, hematological tumors and the like, and examples of them include: gastric cancer, liver cancer, colon / rectal cancer, breast cancer, pancreatic cancer, cervical cancer,….and head and neck tumors. (see from page 33, to page 34, the last paragraph to the first paragraph).
Regardless of the unspecified one brain tumor stem cells selected from the group consisting of glioma stem cells and glioblastoma stem cells, they are inherently identical with the claims since head tumors do include glioma stem cells and glioblastoma stem cells..
Conclusion
Claims 1-9 are rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAYLOR V OH whose telephone number is (571)272-0689. The examiner can normally be reached 8:00-5:00.
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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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/TAYLOR V OH/Primary Examiner, Art Unit 1625 9/11/2026
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