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 .
DETAILED ACTION
Status of the Claims
Claims 22 is currently pending and is the subject of this Office Action. This is the first Office Action on the merits of the claims.
Information Disclosure Statement
The references cited on the information disclosure statement(s) were considered and have been made of record to the extent that each was provided.
Claim Rejections - 35 USC § 112(b) or (pre-AIA ) 35 USC § 112 (2nd Par.)
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.
Claim 22 is 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.
It is not clear whether the phrases "(e.g., dimethylamino)" and "(e.g., bromo)" are limitations or whether they are merely listing disclosed examples and/or embodiments. Description of examples or preferences is properly set forth in the specification rather than the claims. Since it is unclear whether this phrase is a limitation, and thus part of the claimed invention, this phrase renders the claim indefinite. See MPEP § 2173.05(d).
Priority
The earliest effective US filing date afforded claim 22 has been determined to be 04/23/2015, the filing date of provisional application No. 62/151,659 to which the instant application claims priority.
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)(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.
Claim 22 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by HUNT (US 2010/0298337; Pub. Nov. 25, 2010).
Hunt teaches the use of (E)-1-(5-bromo-pyridin-3-yl)-3-dimethylamino-propenone as a starting material to make 4-(5-bromo-pyridin-3-yl)-2-pyridin-2-yl-pyrimidine ([0227]-[0228]). (E)-1-(5-bromo-pyridin-3-yl)-3-dimethylamino-propenone is encompassed by the structure of Formula (II) in claim 22 where R2 = bromo (i.e., halo) and R1 = dimethylamino. Hunt anticipates claim 22.
Claim 22 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by LI (US 2010/0234406; Pub. Sep. 16, 2010).
Li teaches the preparation of compound 7 (i.e., 1-(5-bromo-pyridin-3-yl)-3-dimethylamino-propenone) ([0116]-[0117]). 1-(5-bromo-pyridin-3-yl)-3-dimethylamino-propenone is encompassed by the structure of Formula (II) in claim 22 where R2 = bromo (i.e., halo) and R1 = dimethylamino. Li anticipates claim 22.
Conclusion
Claim 22 is rejected. No claims are currently allowable.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kevin S Orwig whose telephone number is (571)270-5869. The examiner can normally be reached Mon.-Fri. 7AM-4PM (with alternate Fridays off). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Patricia Engle can be reached Mon.-Fri. at (571)272-6660. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kevin S Orwig/ Primary Examiner, Art Unit 3991
