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 .
Amendment to the claims was submitted on 07/24/2026, claims 8-9 are canceled, new claims 42-43 are added.
Claim Status
Claims 2, 13-14, 16, 25-26, 28-30, 32, and 34-43 are under examination.
Claims 1, 3-12, 15, 17-24, 27, 31, and 33 are cancelled.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/24/2026 has been entered.
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 13-14, 16, 29-30, 32, 34-36, and 38-41 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.
Independent claims 30 and 32 each disclose an organometallic compound having a formula MaRbXc, where M is at least one of a group including P (Phosphorus). Dependent claim 29 discloses a metal is at least one of a list including P (Phosphorus). However phosphorus is not a metal. It is unclear how phosphorus forms a metal or an organometallic compound.
Response to Arguments
Applicant’s arguments filed 07/24/2026 with respect to the 103 rejections have been fully considered and are persuasive, particularly in view of the new claim amendments. The 103 rejections have been withdrawn.
Allowable Subject Matter
Claims 2, 25-26, 28, 37, and 42-43 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Independent claim 25 has been amended to further limit the ligand (as shown below), to further limit the solvent to comprise of the third and fourth solvents, removing the first and second solvents, as well as to further limit the list of fourth solvents by removing methyl isobutyl carbinol.
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A search did not find the claimed invention.
The closest prior art Hatakeyama ‘125 et al. teaches a similar composition as disclosed in the office action filed 05/28/2026.
However, Hatakeyama ‘125 fails to teach a composition comprising of the instantly claimed third and fourth solvents as well as a ligand aligning with the instantly claimed ligand.
Neither Hatakeyama ‘125 nor the prior art in general provide sufficient motivation to make it obvious to modify their composition to arrive at the instantly claimed invention.
Claims 2, 26, 28, 37, and 42-43 depend on allowable independent claim 25.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alexander Lee whose telephone number is (571)272-2261. The examiner can normally be reached M-Th 7:30-5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached at (571) 272-3458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Alexander N. Lee/Examiner, Art Unit 1737
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