Salts of morpholine derivative, crystal forms thereof, processes for producing the same, pharmaceutical compositions including the same, and use thereof

Abstract

The present invention provides novel pharmaceutically acceptable salts of a morpholine derivative, including a malate, a tartrate, a hydrochloride, an acetate, and a naphthalene disulfonate thereof, wherein the tartrate has 3 crystal salt forms: crystal form A, crystal form B and dihydrate; the malate, the hydrochloride, and the acetate each have one crystal salt form; the naphthalene disulfonate is amorphous. When compared to the known morpholine derivative free base, the present invention has one or more improved properties, e.g., a better crystalline state, greatly improved water solubility, light stability and thermal stability, etc. The present invention further provides preparation methods for the salts of morpholine derivative and the crystal forms thereof, pharmaceutical compositions and use thereof.

Claims

1. A morpholine derivative malate, wherein the morpholine derivative malate is a compound formed by a morpholine derivative and L-malic acid in a molar ratio of 1:1, and represented by the following structural formula: ##STR00007## wherein the morpholine derivative malate is a crystal form having characteristic peaks at 2 of 7.7670.2, 13.8970.2, 14.7750.20 17.0980.20 18.9990.2 20.1530.2 20.9600.2, 21.4230.2, 26.3480.2, 27.8920.2 in the X-ray powder diffraction pattern.

2. The morpholine derivative malate of claim 1, wherein the crystal form further has characteristic peaks at 2 of 5.5980.2, 7.3570.2, 10.3950.2, 11.1080.2, 16.0370.2, 16.5230.2, 19.4100.2, 22.6450.2, 26.6300.2, 26.8910.2, 27.3800.2, 31.0560.2, 33.3060.2, 33.7750.2, 39.2310.2 in the X-ray powder diffraction pattern.

3. The morpholine derivative malate of claim 1, wherein the crystal form exhibits an X-ray Powder Diffraction pattern as shown in FIG. 1.

4. A morpholine derivative tartrate, wherein, the morpholine derivative tartrate is a compound formed by a morpholine derivative and L-tartaric acid in a molar ratio of 1:1, and represented by the following structural formula: ##STR00008## wherein the morpholine derivative tartrate is a morpholine derivative tartrate crystal form B, which has characteristic peaks at 2 of 3.339+0.2, 6.562+0.2, 11.331+0.2, 16.396+0.2, 22.041+0.2 in the X-ray powder diffraction pattern.

5. The morpholine derivative tartrate of claim 4, wherein, the crystal form B further has characteristic peaks at 2 of 5.0780.2, 6.8640.2, 8.2500.2, 8.4440.2, 11.0300.2, 12.8640.2, 13.9070.2, 14.6420.2, 19.1000.2, 19.3590.2, 25.2510.2, 26.7680.2, 27.8940.2, 29.5100.2, 38.3430.2 in the X-ray powder diffraction pattern.

6. The morpholine derivative tartrate of claim 4, wherein, the morpholine derivative tartrate crystal form B exhibits an XRPD pattern as shown in FIG. 6.

7. A dihydrate of the morpholine derivative tartrate of claim 4, wherein, the dihydrate has characteristic peaks at 2 of 9.8510.2, 14.4100.2, 14.7740.2, 15.0520.2, 16.2540.2, 20.8470.2, 23.2250.2 in the X-ray powder diffraction pattern.

8. The dihydrate of the morpholine derivative tartrate of claim 7, wherein, the dihydrate further has characteristic peaks at 2 of 13.4340.2, 15.4150.2, 15.7010.2, 16.7550.2, 17.2830.2, 18.0790.2, 18.5760.2, 20.0770.2, 21.9600.2, 24.3510.2, 27.0460.2, 27.8650.2, 38.4580.2 in the X-ray powder diffraction pattern.

9. The dihydrate of the morpholine derivative tartrate of claim 7, wherein, the dihydrate exhibits an XRPD pattern as shown in FIG. 11.

10. A tetrahydrate of the morpholine derivative tartrate of claim 4, wherein, the tetrahydrate is a morpholine derivative tartrate crystal form A having characteristic peaks at 2 of 9.8820.2, 14.4260.2, 14.8020.2, 16.2750.2, 20.0850.2, 20.8720.2, 21.9780.2, 23.2360.2 in the X-ray powder diffraction pattern.

11. The tetrahydrate of the morpholine derivative tartrate of claim 10, wherein, the crystal form A further has characteristic peaks at 2 of 11.9640.2, 13.5580.2, 15.0760.2, 15.4500.2, 16.0460.2, 16.7540.2, 17.3200.2, 18.4500.2, 18.7900.2, 19.7280.2, 20.5770.2, 22.4260.2, 23.7040.2, 24.3990.2, 25.3460.2, 25.9130.2, 26.9910.2, 28.1990.2, 28.4450.2, 29.0300.2, 30.2090.2, 30.4800.2, 32.7910.2, 34.7960.2, 36.2260.2, 38.4720.2 in the X-ray powder diffraction pattern.

12. The tetrahydrate of the morpholine derivative tartrate of claim 10, wherein, the tetrahydrate exhibits an XRPD pattern as shown in FIG. 16.

13. The morpholine derivative malate of claim 2, wherein the crystal form exhibits an X-ray Powder Diffraction pattern as shown in FIG. 1.

14. The morpholine derivative tartrate of claim 5, wherein, the morpholine derivative tartrate crystal form B exhibits an XRPD pattern as shown in FIG. 6.

15. The dihydrate of the morpholine derivative tartrate of claim 8, wherein, the dihydrate exhibits an XRPD pattern as shown in FIG. 11.

16. The tetrahydrate of the morpholine derivative tartrate of claim 11, wherein, the tetrahydrate exhibits an XRPD pattern as shown in FIG. 16.

Description

DESCRIPTION OF DRAWINGS

(1) FIG. 1 is an XRPD pattern of the morpholine derivative malate;

(2) FIG. 2 is a PLM image of the morpholine derivative malate;

(3) FIG. 3 is a TGA plot of the morpholine derivative malate;

(4) FIG. 4 is a DSC plot of the morpholine derivative malate;

(5) FIG. 5 is a DVS plot of the morpholine derivative malate;

(6) FIG. 6 is an XRPD pattern of the morpholin derivative tartrate crystal form B;

(7) FIG. 7 is a PLM image of the morpholin derivative tartrate crystal form B;

(8) FIG. 8 is a TGA plot of the morpholin derivative tartrate crystal form B;

(9) FIG. 9 is a DSC plot of the morpholin derivative tartrate crystal form B;

(10) FIG. 10 is a DVS plot of the morpholin derivative tartrate crystal form B;

(11) FIG. 11 is an XRPD pattern of the morpholine derivative tartrate dihydrate;

(12) FIG. 12 is a PLM image of the morpholine derivative tartrate dihydrate;

(13) FIG. 13 is a TGA plot of the morpholine derivative tartrate dihydrate;

(14) FIG. 14 is a DSC plot of the morpholine derivative tartrate dihydrate;

(15) FIG. 15 is a DVS plot of the morpholine derivative tartrate dihydrate;

(16) FIG. 16 is an XRPD pattern of the morpholine derivative tartrate crystal form A;

(17) FIG. 17 is a PLM image of the morpholine derivative tartrate crystal form A;

(18) FIG. 18 is a TGA plot of the morpholine derivative tartrate crystal form A;

(19) FIG. 19 is a DSC plot of the morpholine derivative tartrate crystal form A;

(20) FIG. 20 is a DVS plot of the morpholine derivative tartrate crystal form A;

(21) FIG. 21 is an XRPD pattern of the morpholine derivative hydrochloride;

(22) FIG. 22 is a PLM image of the morpholine derivative hydrochloride;

(23) FIG. 23 is a TGA plot of the morpholine derivative hydrochloride;

(24) FIG. 24 is a DSC plot of the morpholine derivative hydrochloride;

(25) FIG. 25 is a DVS plot of the morpholine derivative hydrochloride;

(26) FIG. 26 is an XRPD pattern of the morpholine derivative acetate;

(27) FIG. 27 is a PLM image of the morpholine derivative acetate;

(28) FIG. 28 is a TGA plot of the morpholine derivative acetate;

(29) FIG. 29 is a DSC plot of the morpholine derivative acetate;

(30) FIG. 30 is a DVS plot of the morpholine derivative acetate; and

(31) FIG. 31 is an XRPD pattern of the morpholine derivative naphthalene disulfonate.

DESCRIPTION OF THE EMBODIMENTS

(32) The present invention will be further described with reference to the following examples, and the preparation methods and applications of the salts and crystal forms of the present invention will be described in detail in the examples. It will be apparent to those skilled in the art that various changes made to materials and methods may be implemented without departing from the scope of the present invention.

(33) Test instruments and methods:

(34) The instrument used for X-ray powder diffraction (XPRD) was Bruker D8 Advance diffractometer equipped with a -2 goniometer, a Mo Monochromator and a Lynxeye detector. The test was carried out using K X-ray with a wavelength of L54 nm at a copper target under the operation condition of 40 kV and 40 mA. The instrument was calibrated for the peak position with the standard sample that comes with the instrument before use. The software for collecting data was Diffrac Plus XRD Commander and the analysis software was MDI Jade 5.0. The sample was tested at room temperature and the sample to be tested was placed on an organic slide. The detailed detection conditions were as follows: angle range: 3-42; step length: 0.022; speed: 0.2 s/step. Samples were not ground prior to testing unless otherwise specified.

(35) Polarized light microscope (PLM) image was obtained from an XP-500E polarized light microscope (Shanghai Changfang Optical Instrument Co., Ltd.). A small amount of powder sample was placed on a glass slide, a small amount of mineral oil was dropwisely added to better disperse the powder sample, and a cover glass was then placed thereon, and then the sample was placed on the stage of XP-500E polarized light microscope (Shanghai Changfang Optical Instrument Co., Ltd.). The morphology of the sample was observed and photographed with an appropriate magnification.

(36) Differential Scanning Calorimetry (DSC) data was taken from a TA Instruments Q200 MDSC, instrument control software was Thermal Advantage, and analysis software was Universal Analysis. Generally, 1 to 10 mg of sample was placed in an aluminum crucible with a punched lid (unless otherwise specified), and the sample was heated from room temperature to 200 C. or 300 C. at a rate of 10 C./min under the protection of 50 mL/min dry N.sub.2, meanwhile, the TA software recorded the heat change of the sample during the heating process. In the present application, the melting point is reported as the starting temperature.

(37) Thermogravimetric Analysis (TGA) data was taken from a TA Instruments Q500 TGA, instrument control software was Thermal Advantage, and analysis software was Universal Analysis. Generally, 5 to 15 mg of the sample was placed in a platinum crucible, and, in a segmented and high resolution detection mode, the sample was heated from room temperature to 300 C. at a rate of 10 C./min under the protection of 50 mL/min dry N.sub.2, meanwhile, the TA software recorded the weight change of the sample during the heating process.

(38) Dynamic Vapor Sorption Analysis (DVS) data was taken from a TA Instruments Q5000 TGA, instrument control software was Thermal Advantage, and analysis software was Universal Analysis. Generally, 1 to 10 mg of the sample was placed in a platinum crucible, the TA software generally recorded the weight change of the sample as the relative humidity changed from 0% to 80% to 0%. According to the specific conditions of the sample, different adsorption and desorption steps might also be applied to the sample.

(39) The morpholine derivative free base, the starting material of the present invention, was prepared according to the method disclosed in the document CN 103562191 (WO 2012124775). In the following examples, the morpholine derivative free base is referred as the free base.

Example 1

Preparation of the Morpholine Derivative Malate

(40) 10.64 mg (0.024 mmol, 1 eq) of the free base was dissolved in 0.6 ml of acetone, 3.63 mg (0.027 mmol, 1.1 eq) of L-malic acid was dissolved in 0.04 ml of ethanol, and then the formulated ethanol solution was added dropwisely to the acetone solution. The mixture was stirred overnight at room temperature to precipitate a white solid that was filtered and characterized.

(41) The morpholine derivative malate exhibits an X-ray powder diffraction (XRPD) pattern as shown in FIG. 1.

(42) The morpholine derivative malate exhibits a Polarized Light Microscope (PLM) image as shown in FIG. 2.

(43) The morpholine derivative malate exhibits a Thermogravimetric Analysis (TGA) plot as shown in FIG. 3, and the TGA plot shows that the morpholine derivative malate is decomposed at about 185.8 C., and the sample loses no weight before decomposition.

(44) The morpholine derivative malate exhibits a Differential Scanning Calorimetry (DSC) plot as shown in FIG. 4, and the DSC plot shows an endothermic peak (95 J/g) at about 121 C.

(45) The morpholine derivative malate exhibits a Dynamic Vapor Sorption Analysis (DVS) plot as shown in FIG. 5, and the DVS plot shows that the morpholine derivative malate has a weight change of about 1.2% in a range of 20%-80% humidity.

Example 2

Preparation of the Morpholine Derivative Tartrate Crystal Form B

(46) 42.72 mg (0.096 mmol, 1 eq) of the free base was dissolved in 1.0 ml of acetone, 14.86 mg (0.099 mmol, 1.03 eq) of L-tartaric acid was dissolved in 0.048 ml of water, and then the formulated aqueous solution of L-tartaric acid was added dropwisely to the solution of the free base in acetone. The mixture was stirred overnight at room temperature to precipitate a white solid that was filtered and characterized.

(47) The morpholine derivative tartrate crystal form B exhibits an XRPD pattern as shown in FIG. 6.

(48) The morpholine derivative tartrate crystal form B exhibits a PLM image as shown in FIG. 7.

(49) The morpholine derivative tartrate crystal form B exhibits a TGA plot as shown in FIG. 8, the TGA plot shows that the morpholine derivative tartrate crystal form B is decomposed at about 186.0 C., and 2.5% of the weight is slowly lost before decomposition (the weight begins to lose at about 150 C.).

(50) The morpholine derivative tartrate crystal form B exhibits a DSC plot as shown in FIG. 9, and the DSC plot shows that the morpholine derivative tartrate crystal form B has an endothermic peak (38 J/g) at about 161.5 C.

(51) The morpholine derivative tartrate crystal form B exhibits a DVS plot as shown in FIG. 10, and the DVS plot shows that the weight change is about 7% in a range of 20%-80% humidity, it is relatively hydroscopic, and may become a hydrate.

Example 3

Preparation of the Morpholine Derivative Tartrate Dihydrate

(52) 10 mg of the morpholine derivative tartarate crystal form B prepared in Example 2 was added with a 50 ml of a mixed solvent of acetone and water in a volume ratio of 30:1. The mixture was stirred at room temperature for 2 days, then filtered and characterized.

(53) The morpholine derivative tartrate dihydrate exhibits an XRPD pattern as shown in FIG. 11.

(54) The morpholine derivative tartrate dihydrate exhibits a PLM image as shown in FIG. 12.

(55) The morpholine derivative tartrate dihydrate exhibits a TGA plot as shown in FIG. 13, the TGA plot shows that the morpholine derivative tartrate dihydrate is decomposed at about 189.6 C., and 6.95% of the weight is gradiently lost before decomposition.

(56) The morpholine derivative tartrate dihydrate exhibits a DSC plot as shown in FIG. 14, and the DSC plot shows that the morpholine derivative tartrate dihydrate has an endothermic peak (112 J/g) at about 29.5 C., an exothermic peak (27 J/g) at about 99 C., and an endothermic peak (19 J/g) at about 154 C.

(57) The morpholine derivative tartrate dihydrate exhibits a DVS plot as shown in FIG. 15, and the DVS plot shows that the weight change is about 11.06% in a range of 0%-80% humidity, and it is relatively hydroscopic.

Example 4

Preparation of the Morpholine Derivative Tartrate Crystal Form A (Tetrahydrate)

(58) 1.0 g of the free base (2.25 mmol, 1 eq) was dissolved in acetone and completely solubilized by sonication. 0.74 g of L-tartaric acid (4.93 mmol, 2.2 eq 20:1) was taken. The acid solution was slowly added dropwisely to the base solution, and the mixture was stirred at room temperature for not less than 48 hours, and 1.01 g of a tartrate hydrate solid was obtained by filtration.

(59) The morpholine derivative tartrate crystal form A exhibits an X-ray Powder Diffraction (XRPD) pattern as shown in FIG. 16.

(60) The morpholine derivative tartrate crystal form A exhibits a Polarized Light Microscopy (PLM) image as shown in FIG. 17.

(61) The morpholine derivative tartrate crystal form A exhibits a Thermogravimetric Analysis (TGA) plot as shown in FIG. 18 and the TGA plot shows that the morpholine derivative tartrate tetrahydrate loses 10.0-10.4% of the weight.

(62) The morpholine derivative tartrate crystal form A exhibits a Differential Scanning Calorimetry (DSC) plot as shown in FIG. 19, and the DSC plot shows that the morpholine derivative tartrate crystal form A has an endothermic peak at 62.7 C., a melting endothermic peak at 159.3 C., and decomposes at 191 C. or higher.

(63) The morpholine derivative tartrate crystal form A exhibits a Dynamic Vapor Sorption Analysis (DVS) plot as shown in FIG. 20, and the DVS plot shows that the weight change of the morpholine derivative tartrate crystal form A is about 1.5% in a range of 20%-80% humidity, and it is hardly hydroscopic.

Example 5

Preparation of the Morpholine Derivative Hydrochloride

(64) 1.5 g of the free base (3.38 mmol, 1 eq) was dissolved in 50 mL of acetone and completely solubilized by sonication, and 1.1 g of 36.5% of aqueous solution of hydrochloric acid (10.8 mmol, 3.3 eq) was taken. Then the acid solution was slowly added dropwisely to the base solution, and the mixture was stirred overnight at room temperature. A hydrochloride solid was obtained by filtration.

(65) The morpholine derivative hydrochloride exhibits an X-ray Powder Diffraction (XRPD) pattern as shown in FIG. 21.

(66) The morpholine derivative hydrochloride exhibits a Polarized Light Microscopy (PLM) image as shown in FIG. 22.

(67) The morpholine derivative hydrochloride exhibits a Thermogravimetric Analysis (TGA) plot as shown in FIG. 23, the TGA plot shows that the morpholine derivative hydrochloride continues to lose weight during the heating process, the decomposition temperature is 207 C. and there are two stages of weight loss before decomposition, and the total weight loss is about 9.1%.

(68) The morpholine derivative hydrochloride exhibits a Differential Scanning Calorimetry (DSC) plot as shown in FIG. 24, and the DSC plot shows a very broad endothermic peak (57.68 J/g) between 25 and 115 C., and an endothermic peak (57.65 J/g) at 133 C.

(69) The morpholine derivative hydrochloride exhibits a Dynamic Vapor Sorption Analysis (DVS) plot as shown in FIG. 25, and the DVS plot shows that the morpholine derivative hydrochloride absorbs 15% of water in 0% to 60% RH, and it is deliquescent in this humidity range.

Example 6

Preparation of the Morpholine Derivative Acetate

(70) 10.64 mg (0.024 mmol, 1 eq) of the free base was dissolved in 0.4 ml of acetone, 2.03 mg (0.033 mmol, 1.4 eq) of acetic acid was dissolved in 0.1 ml of acetone, and then the formulated solution of acetic acid in acetone was added dropwisely to the solution of the free base in acetone. The mixture was stirred overnight at room temperature to precipitate a white solid that was filtered and characterized.

(71) The morpholine derivative acetate exhibits an X-ray Powder Diffraction (XRPD) pattern as shown in FIG. 26.

(72) The morpholine derivative acetate exhibits a Polarized Light Microscopy (PLM) image as shown in FIG. 27.

(73) The morpholine derivative acetate exhibits a Thermogravimetric Analysis (TGA) plot as shown in FIG. 28, the TGA plot shows that the morpholine derivative acetate has a stepwise weight loss of 4.0% and 9.5% each at about 50 C. and 75 C., respectively.

(74) The morpholine derivative acetate exhibits a Differential Scanning Calorimetry (DSC) plot as shown in FIG. 29, and the DSC plot shows an endothermic peak (61 J/g) at 95 C.

(75) The morpholine derivative acetate exhibits a Dynamic Vapor Sorption Analysis (DVS) plot as shown in FIG. 30, and the DVS plot shows that the morpholine derivative acetate loses about 5% of the weight during the drying stage at 0% of the initial humidity, and then it absorbs moisture in an amount of 6.4% of its weight in a range of 20% to 60% humidity, and absorbs moisture in an amount of 40% of its weight at 90% of humidity, indicating that it is deliquesced.

Example 7

Preparation of the Naphthalene Disulfonate

(76) 10.68 mg (0.024 mmol, 1 eq) of the free base was dissolved in 2 ml of ethyl acetate, and 12.17 mg (0.034 mmol, 1.4 eq) of naphthalene disulfonic acid was dissolved in 1 ml of ethanol, and then the formulated solution of naphthalene disulfonic acid in ethanol was added dropwisely to the solution of the free base in ethyl acetate. The mixture was stirred to give a white flocculent precipitate that was filtered and characterized.

(77) The morpholine derivative naphthalene disulfonate exhibits an X-ray powder diffraction (XRPD) pattern as shown in FIG. 31, and it is an amorphous salt.

Test Example 1

Solubility Test

(78) 5 mg of each of the free base and salts of the morpholine derivative in Examples 1-7 was added with pure water gradually at 25 C., until all the samples were completely dissolved. The solubility of each sample was calculated based on the actual weight of the sample and the amount of water. The results are shown in Table 1. Parallel test shows that no crystal transformation occurred in the sample during this test.

(79) TABLE-US-00001 TABLE 1 Solubility Tests for Various Salts of Morpholine Derivative Sample Solubility (mg/ml) morpholine derivative malate 100 morpholine derivative tartrate crystal form B 150-300 morpholine derivative tartrate dihydrate 100 morpholine derivative tartrate crystal form A 100 morpholine derivative hydrochloride >500 morpholine derivative acetate 150-300 morpholine derivative naphthalene disulfonate >500 morpholine derivative free base 5-10

Test Example 2

Stability Test

(80) 5 mg of each of the salts of the morpholine derivative in the examples was measured for their weight change as the humidity was increased from 20% to 80%. The results are shown in Table 2.

(81) TABLE-US-00002 TABLE 2 Hygroscopicity Tests for Various Salts of Morpholine Derivative Weight change in Sample 20%-80% humidity Level morpholine derivative malate 1.70% difficult morpholine derivative tartrate crystal 6.58% easy form B morpholine derivative tartrate dihydrate 9.05% easy morpholine derivative tartrate crystal 1.50% difficult form A morpholine derivative hydrochloride 31.80% Very easy morpholine derivative acetate 21.30% Very easy morpholine derivative naphthalene N/A Very easy disulfonate morpholine derivative free base N/A difficult Note: N/A means not available.

(82) The stability test was conducted on 10 mg of each of the free base and salts of the morpholine derivative in the examples under oxidation condition. The results are shown in Table 3.

(83) TABLE-US-00003 TABLE 3 Stability tests for various salts of morpholine derivative under oxidation condition The Types of new decomposed impurities Sample amount (%) (type) morpholine derivative malate 8.46% 2 morpholine derivative tartrate crystal 3.24% 4 form B morpholine derivative tartrate crystal 17.93% 6 form A morpholine derivative free base 38.0% 6 morpholine derivative naphthalene 51.47% 7 disulfonate morpholine derivative hydrochloride 63.53% 6 morpholine derivative acetate 95.71% 5 morpholine derivative tartrate dihydrate N/A N/A Note: N/A means not available. *Oxidation condition: a watch glass, in which an appropriate amount of raw material was placed in a thickness of about 3-5 mm, was placed in a closed container containing hydrogen peroxide urea in a 40 C. environment for 12 days, and then the raw material was sampled for solid-state characterization and chiral HPLC to determine the amount of the sample. The results are compared with the amount of the sample on day 0.

(84) The stability test was carried out on 10 mg of each of the free base, salts of the morpholine derivative in Examples 1-6 under light condition. The results are shown in Table 4.

(85) TABLE-US-00004 TABLE 4 Stability Tests for Various Salts of Morpholine Derivative under light condition The decomposed Sample amount (%) morpholine derivative malate 2.05% morpholine derivative tartrate crystal form B 3.61% morpholine derivative tartrate crystal form A 2.14% morpholine derivative hydrochloride 5.27% morpholine derivative acetate 100% morpholine derivative naphthalene disulfonate 12.58% morpholine derivative free base 100% *Light condition: An appropriate amount of raw material was spread in a thickness of 3-5 mm in a watch glass, then the watch glass was placed in a light box with an illumination of 4500 Lx 500 Lx (25 C.) for 12 days, and then the raw material was sampled for solid characterization, chiral HPLC to determine the amount of the sample. The results are compared with the amount of the sample on day 0.

(86) The above detailed embodiments of the present invention are presented only for illustrating purpose, and the protection scope of the present invention is not limited thereto. All the changes or alternatives that may be made by a person skilled in the art without creative labor within the technical scope disclosed by the present invention shall be included in the protection scope of the present invention.