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 with corrections on 08/04/2026, the previous 112(a) rejections to claims 1-2, 5, 9-12, 21-23, 26-30, 36-37, and 39-41 are withdrawn, and the previous 112(b) rejections to claims 30 and 39 are withdrawn.
Claim Status
Claims 1-2, 5, 9-12, 21-23, 26-30, 36-37, and 39-41 are under consideration.
Claims 3-4, 6-8, 13-20, 24-25, 31-35, and 38 are canceled.
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 1-2, 5, 9-12, 21-23, 26-30, 36-37, and 39-41 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, independent claims 1, 21, and 27 recite the broad recitation of a first carboxylic acid with a carbon atom count of 1 to 20 carbon atoms, and the claim also recites that the first carboxylic acid is formic or acetic acid (with a fixed number of carbon atoms each, one and two respectively) which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Response to Arguments
Applicant’s arguments filed 08/04/2026 with respect to the previous 112(a) and 112(b) rejections have been fully considered and are persuasive in view of the new claim amendments. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection under 35 USC § 112(b) is made in response to the new claim amendments.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. “Organotin(IV)n+ complexes formed with biologically active ligands: equilibrium and structural studies, and some biological aspects” teaches a basic structure of a 4-tin cluster [figure 6, page 120] which aligns with that of instant figure 3A.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/A.N.L./Examiner, Art Unit 1737
/KEITH WALKER/Supervisory Patent Examiner, Art Unit 1735
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