There is a wrong assumption here: confusing primitives with emergent properties.
One can't look at the primitivies and assume that certain properties will not emerge. It would be exactly like looking at aminoacids and state that intelligence can't develop from them.
> You pointing at a human brain does not change that an AI agent is not intelligent and cannot think
That depends on the definition of intelligence and thinking, and it is dishonest not to give any definition (and most importantly, one that is not human-centered).
AIs are currently fulfilling several aspects of intelligence and thinking, by any defition of intelligence. If you don't notice that, it's just because you have informed yourself enough. Having said that, I don't doubt that there are aspects that AI are lacking (e.g. retention/plasticity/perception), but the line is blurry, and they're advancing (too) fast.
Empathy is actually a very important aspect of the AI problems, but it's not part of intelligence. Sociopaths don't have it, and yet, you wouldn't doubt that they're intelligent.