Describe the bug
currently blocks the premerge pipelines

e.g. https://github.com/Project-MONAI/MONAI/actions/runs/3934302992/jobs/6728921467

details of the issue: pypa/setuptools#3772

a workaround has been implemented in the file for setuptools https://github.com/Project-MONAI/MONAI/blob/dev/requirements-min.txt

once the upstream fixes are done or there are clearer solutions, would be great to test and remove the version upper bound.