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 .
Status of the Claims
The amendment filed on 06/01/2026 has been entered. Claim 14 has been amended and claims 21-24 have been newly added. Thus claims 14, 17-18 and 21-24 are currently pending and under examination.
Withdrawn Rejection
The 112(a) rejection is herein withdrawn in view of the amendment for the term substituent in claim 14.
Claim 14 has further been amended in which the RA limitation (see below) has been incorporated in a format that it now refers to both formulas (10a) and (20a). Neither Ishigaki nor Suzuki teach every limitation of amended claim 14 and thus the 102(a)(1) rejections have been withdrawn.
Claim Rejections - 35 USC § 112 – Indefiniteness
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 14 and 17-18 stand rejected and claims 21-24 are newly 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.
Regarding claims 14 and 18, RA is selected from formulas (f1), (a1), (b1), (e1) and (f2), and requires that the number of carbon atoms in an aliphatic hydrocarbon group in at least on RA is 18 or more, however the R groups in formulas (f1), (a1), (b1), (e1) and (f2) encompass carbon atoms that is outside the range of the aliphatic hydrocarbon with carbon atoms of 18 or more, specifically:
(f1) R9 = a divalent hydrocarbon group, and R10 = a monovalent aliphatic hydrocarbon group having 5 or more carbon atoms;
(a1) R20 = a divalent aliphatic hydrocarbon group having 5 or more carbon atoms;
(b1) Rb3 represents an aliphatic hydrocarbon group having 5 or more carbon atoms;
(e1) Re2 = a methyl group or an organic hydrocarbon group having an aliphatic hydrocarbon group having 5 or more carbon atoms;
(f2) R10 = a monovalent aliphatic hydrocarbon group having 5 or more carbon atoms.
As such, there is a lack of antecedent basis for the above R groups of formulas (f1), (a1), (b1), (e1) and (f2) with carbon atoms that are not encompassed by carbon atoms of 18 or more.
Claims 17-18 and 21-24 are also rendered indefinite for their dependency on claim 14.
Response to Arguments
Applicant argues that limitation 5 or more carbon atoms mathematically encompasses an aliphatic group of 18 or more carbon atoms and that there is no provision that excludes the aliphatic hydrocarbon group in (f1), (a1), (e1) and (f2) from having 18 or more carbon atoms.
The examiner disagrees. The aliphatic groups in (f1), (a1), (e1) and (f2) encompasses carbon atoms that is outside the range of RA’s carbon atoms of 18 or more, i.e. less than 18 carbon atoms. Specifically,
(f1) R9 = a divalent hydrocarbon group encompasses any divalent hydrocarbon groups that include less than 18 carbon atoms, and R10 = a monovalent aliphatic hydrocarbon group having 5 or more carbon atoms encompasses any monovalent aliphatic hydrocarbon groups that also include 5 to 17 carbon atoms;
(a1) R20 = a divalent aliphatic hydrocarbon group having 5 or more carbon atoms encompasses any divalent aliphatic hydrocarbon groups that also include 5 to 17 carbon atoms;
(b1) Rb3 represents an aliphatic hydrocarbon group having 5 or more carbon atoms encompasses any aliphatic hydrocarbon groups that also include 5 to 17 carbon atoms;
(e1) Re2 = a methyl group or an organic hydrocarbon group having an aliphatic hydrocarbon group having 5 or more carbon atoms encompasses 1 carbon atom (methyl) or any aliphatic hydrocarbon groups that also include 5 to 17 carbon atoms;
(f2) R10 = a monovalent aliphatic hydrocarbon group having 5 or more carbon atoms encompasses any aliphatic hydrocarbon groups that also include 5 to 17 carbon atoms.
In view of the foregoing, the examiner maintains that there is a lack of antecedent basis for any range of carbon atoms not encompassed by RA’s carbon atoms of 18 or more.
Allowable Subject Matter
Regarding formula (10a), the closest prior art references are Ishigaki (Ishigaki, Y. et al. “Three-way output molecular response system based on tetrakis(3,4-dialkoxyphenyl)-3,4-dihydro[5]helicenes: Perturbation of properties by long alkyl chains” HETEROCYCLES, Vol. 90, No. 1, 2015; cited in PTO-892 02/12/2026) and Suzuki (Suzuki, T. et al. “Multi-Input/Multi-Output Molecular Response System Based on the Dynamic Redox Behavior of 3,3,4,4-Tetraaryldihydro[5]helicene Derivatives: Reversible Formation/Destruction of Chiral Fluorophore and Modulation of Chiroptical Properties by Solvent Polarity” Chem. Eur. J. 2009, 15, 9434-9441; cited in PTO-892 02/12/2026).
Ishagaki teaches compounds 7b and 7c that are species of formula (10a) (Scheme 4, pg. 128):
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168
155
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17
167
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In the above,
- R11 = formula (10a-A)
- YB = OH
- R100 = aryl group
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65
59
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- Rs = alkoxy group (-OR, wherein R = n-C8H17 or n-C16H33)
- n10 = 2
- R10 = RA an organic group
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173
125
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having an aliphatic hydrocarbon with 62 carbon atoms (alkyl is C16H31) or 32 carbon atoms (alkyl is C8H15)
- R12 to R17 = hydrogen
Suzuki teaches compounds 6b and 6c that are species of formula (10a) (Scheme 3, pg. 9436):
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84
136
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28
81
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In the above,
- R11 = formula (10a-A)
- YB = OH
- R100 = aryl group Ar =
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45
136
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- Rs = alkoxy group (-OnCnH2n+1) having an aliphatic hydrocarbon with 16 carbon atoms (alkyl is C16H31) or 8 carbon atoms (alkyl is C8H15)
- n10 = 1
- R10 = RA an organic group
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129
62
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having an aliphatic hydrocarbon with 32 carbon atoms (alkyl is C16H31) or 16 carbon atoms (alkyl is C8H15) (Ar =
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45
136
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).
- R12 to R17 = hydrogen
However, neither Ishigaki nor Suzuki teaches RA as being represented by any of formula (f1), (a1), (b1) or (e1) as instantly claimed.
Regarding formula (20a), the closest prior art references are Nuckolls (Nuckolls, C. et al. “Synthesis and Aggregation of a Conjugated Helical Molecule” Journal American Chemical Society (1999) 121 (1) 79–88, Supporting Information pages S1-S39).
Nuckolls teaches the following compound on page S18:
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162
139
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In the above,
- R21 = formula (20a-A)
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61
34
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- YB = OH
- R200 = hydrogen
- R201 = aliphatic hydrocarbon
- R20 = hydrogen
- R22,25,27 = hydrogen
- R23,24 = RA alkoxy group (-OC12H25) having an aliphatic hydrocarbon with 12 carbon atoms
- R26 = alkyl group
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55
29
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However, the reference fails to teach that RA has aliphatic group with carbon atoms of 18 or more.
Furthermore, there is no suggestion in the above references to modify the above compounds to reasonably arrive at the instantly claimed invention. Accordingly, the instantly claimed condensed polycyclic aromatic hydrocarbon compound represented by any of Formula (10a) or (20a) are not obvious over the teachings of Ishigaki, Suzuki or Nuckolls.
Conclusion
Claims 14, 17-18 and 21-24 are rejected.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEDHANIT W BAHTA whose telephone number is (571)270-7658. The examiner can normally be reached Monday-Friday 8am-5pm.
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/MEDHANIT W BAHTA/Primary Examiner, Art Unit 1692
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