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 .
Status of Claims
Claims 1-20 are pending in the instant application. Claims 4-20 are amended and claims 21-64 are cancelled via the amendment filed October 4th, 2024.
Priority
This application claims priority to provisional Application No. 63/543,223, filed October 9th, 2023.
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.
(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 1-2, 5-6 and 11-20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Kuduk et al (US 8,293,914 B2, published October 23rd, 2012).
Kukduk teaches the following compound (Table 5, Ex 293, page 35):
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495
737
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.
Regarding claim 1, this compound is embraced by instant formula (I), wherein R1-R8 are hydrogen, X is NR9 and R9 and R10 are attached to form a heteroaryl, wherein the heteroaryl is substituted with 3 Rb, wherein Rb is halo, oxo and alkoxyl.
Regarding claim 2, X is NR9.
Regarding claims 5-6, R1 is H.
Regarding claims 11-12, R3 is H.
Regarding claims 13-14, R4 is H.
Regarding claims 15-16, R5 is H.
Regarding claim 17, R6 is H.
Regarding claims 18-19, R7 is H.
Regarding claim 20, R8 is H.
Claims 1, 3, 5-18 and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Nuss et al (WO 2025/059069 A1, published March 20th, 2025, which claims priority to 63/582,159, published September 12th, 2023).
Nuss teaches the following compound (claim 71, which finds support in claim 54 of the priority document):
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147
199
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.
Regarding claim 1, this compound is embraced by instant formula (I), wherein R1, R3, R4 and R6 are hydrogen, R2 is an alkyl, substituted with halo, R5 is alkyl, X is O, R10 is hydrogen and R7 and R8 are attached to form a cycloalkyl, which is substituted.
Regarding claim 3, X is O.
Regarding claims 5-6, R1 is H.
Regarding claim 7, R2 is alkyl.
Regarding claims 8-10, R2 is -CF3.
Regarding claims 11-12, R3 is H.
Regarding claims 13-14, R4 is H.
Regarding claims 15-16, R5 is -CH3.
Regarding claim 17, R6 is H.
Regarding claims 18 and 20, R7 and R8 are attached to form a cycloalkyl, which is substituted.
Allowable Subject Matter
Claim 4 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
No claim is allowed.
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/A.G.K./Examiner, Art Unit 1626
/FEREYDOUN G SAJJADI/Supervisory Patent Examiner, Art Unit 1699
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