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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/13/2026 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered 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 11-12 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 recites:
“A process for the preparation of a compound according to claim 1 comprising the following step:
reacting a compound of formula (III) … , and an amine or alcohol HR4 (II), … wherein R1, R2, and R4 are defined as in Formula (I).” Emphasis added.
The claim recites both “according to claim 1” and “as defined in Formula (I)” and is therefore construed to refer to Formula (I) of claim 1, but neither claim 1 or the compound of Formula (I) as described in claim 1 define the variable R4. Accordingly, the terms “HR4 (II)” and “R4” lack antecedent basis. Furthermore, while claims 5 and 6 refer to R4, each has different definitions for the variable R4. Accordingly, the metes and bounds of the limitations “HR4 (II)” and “R4” are unclear. Claim 12, which depends from claim 11, is included in this rejection.
Allowable Subject Matter
The closest prior art is EP2133353A1 (see 01/13/2026 IDS) which discloses compounds such as
PNG
media_image1.png
131
263
media_image1.png
Greyscale
(Chemical formula 50, Para. [0118]). Compounds 50-69 differ from those instantly claimed in the substation at the 2-position of the adenine ring. The instantly claimed compounds require a dialkyl phosphoryl group at the 2-position of the purinone ring, and there is no teaching or motivation to lead a PHOSITA to said substitution. At p.4, -X-R1 can be various substituents but there is no suggestion toward a phosphoryl group. Analogous compounds are taught by WO2019/166432A1 (see 01/13/2026 IDS) with a sulfonimidyl in said position, but there remains no suggestion toward a phosphoryl group in the analogous art. Accordingly, the instantly claimed compounds of formula (I) are both novel and nonobvious.
Conclusion
Claims 11-12 are rejected.
Claims 1-10, 13-20 and 22 are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JED A KUCHARCZK whose telephone number is (571)270-5206. The examiner can normally be reached Mon-Fri 7:30 to 5.
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, Adam 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JED A KUCHARCZK/Examiner, Art Unit 1623
/ADAM C MILLIGAN/Supervisory Patent Examiner, Art Unit 1623
Prosecution Insights