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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/15/2025 has been entered.
Status of the Application
Claims 1, 4-11, 13, 15-32, 36-40 are pending, of which claims 8, 21-32 and 36-40 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claims 1, 4-7, 9-11, 13 and 15-20 are under current examination.
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.
Claim 18 rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 18 is indefinite as the claim recites narrow and broad limitations within the same claim. Applicant in response corrected the issue at some instances but left the issue in several other places. For instance, Ar is A1—A5 and are each independently H, NO2, OH--- optionally, ---A1 is NO2 and A2---are H---A3, A4—O-methyl ----”. Thus, scope of claim is unclear. For compact prosecution, the claims have been interpreted with broader limitation.
Appropriate correction required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), fourth paragraph:
Subject to the [fifth paragraph of 35 U.S.C. 112 (pre-AIA )], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 19 is rejected under 35 U.S.C. 112(d), as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 19 is in an improper dependent form because Claim 19 recites “R1 comprises a substituent reactive with the---(III)”, which is a broader limitation than claim 1. Claim 1 specifies R1 group and not to group with a functional definition of any structure that may react with (III).
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Response to arguments
Applicant’s remarks and amendment, as filed on 09/15/2025, have been fully considered but not found persuasive.
Applicant argued over rejection under 112b that the amended claims obviate the rejection. Applicant argued over rejection under 112d that the amended claims obviate the rejection.
This is not found persuasive and the instant claims stand rejected under 112b. This is because applicant made a couple of amendments correcting the issue of broad and narrow limitations within the same claim. However, the corrections were not made in the entire claim. There are several instances left in the instant claim that recites narrow and broad limitations within the same claim. Applicant is suggested to make corrections.
Applicant argued over rejection under 112d that the amended claims obviate the rejection.
This is not found persuasive and the instant claims stand rejected under 112d. This is because the claim still recites same issue with respect to 112d. Applicant is suggested to make corrections.
Allowable Subject matter
Claims 1, 4-7, 9-11, 13, 15-17 and 20 present allowable subject matter over the cited prior art on record.
Conclusion
Claims 1, 4-7, 9-11, 13, 15-17 and 20 are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PANCHAM BAKSHI whose telephone number is (571)270-3463. The examiner can normally be reached M-Thu 7-4.30 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Milligan Adam can be reached at 571-2707674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PANCHAM BAKSHI/Primary Examiner, Art Unit 1623
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