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
Priority
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, is acknowledged.
Status of Claims
Claims 63-66, 77, and 78 are currently pending in the application. Claims 1-62 and 67-76 have been canceled.
Receipt is acknowledged of amendment / response filed on July 13, 2026 and that has been entered.
Response to Election/Restriction
In response to the restriction requirement, Applicants have elected Group II, which now includes claims 63-66, 77, and 78, drawn to a compound of formula (I) or a pharmaceutically acceptable salt thereof, and the elected species as set forth and found to a compound recited in claim 66, such as,
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, is acknowledged.
Because Applicants did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.03(a). Therefore, the requirement for restriction is still deemed proper made it final.
Applicants preserve their right to file a divisional on the non-elected subject matter (if any).
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 63-65 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Smith et al (2022). Applicant claims a compound of formula (I) and derivatives, pharmaceutical compositions and their method of uses thereof. Smith et al also discloses an identical compound and composition, which anticipates the instantly claimed inventions, wherein R8 is halogen (F), R9 is C1-C6 alkyl and R10 is -NRdRe, wherein Rd and Re are each independently selected from hydrogen [
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, STN International CAPLUS database, accession number 2022 : 1040430, a copy is provided with this Office action].
Objections
Claims 66, 77, and 78 are objected to as being dependent upon a rejected base claim 63, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Telephone Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Golam Shameem, Ph.D. whose telephone number is (571) 272-0706. The examiner can normally be reached on Monday-Thursday from 7:30 AM - 6:00 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Brooks, Ph.D. can be reached at (571) 270-7682.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://portal.uspto.gov/external/portal. Should you have questions about access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Any inquiry of a general nature or relating to the status of this application should be directed to the Group receptionist, whose telephone number is (571) 272-1600.
/GOLAM M SHAMEEM/Primary Examiner, Art Unit 1621
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