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 .
Detailed Action
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/3/26 has been entered.
Claims 1, 3, 6-10 and 21 are pending in this application.
Due to applicant’s amendments to the claims filed 4/3/26, the 112 rejection is withdrawn. However, the 102 rejection has been modified, based on applicant’s amended claims, as shown below. Claims 3 and 6-10 remain withdrawn.
Due to applicant’s amended claims filed 4/3/26 the new species found by the examiner is below:
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176
428
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This species above is included in the 102 rejection below by Kawai et al. (JP 2014131974, pub date 7/17/2014, in applicant’s IDS filed 4/13/22).
Based on Kawai et al.’s species as shown above, additionally, claim 21 is hereby withdrawn from consideration being non-readable on the species as shown above. Accordingly, the claims have been searched solely to the extent of the species as shown herein. The search has not been extended to determine the patentability of the other species encompassed by the claims.
“If prior art is then found that anticipates or renders obvious the Markush-type claim with respect to a nonelected species, the Markush-type claim shall be rejected and claims to the nonelected species held withdrawn from further consideration. The prior art search, however, will not be extended unnecessarily to cover all nonelected species.” (MPEP 803.02)
As a result, claim 1 is being examined in this Office Action. Claim 3, 6-10 and 21 are withdrawn.
Claim Rejections – 35 USC 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of the AIA 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 1 is rejected under AIA 35 U.S.C. 102(a)(1) as being anticipated by Kawai et al. (JP 2014131974, pub date 7/17/2014, in applicant’s IDS filed 4/13/22, also see the English Translation).
Kawai et al. teaches the following organic ammonium cation in Table 3 in paragraph 255:
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176
428
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Which is a solid salt at 25 degrees C.
See paragraph 255, Table 3, 1rst full compound listed (#9, 7th column), line 16.
Also see paragraph 246, in which Kawai et al. teaches that “the ionic liquid was left to stand at - 5 ° C. for 24 hours and then left at - 10 ° C. for 24 hours to confirm the property (liquid, solid). The results are shown in Tables 1 to 20. In Tables 1 to 3, "liquid" indicates a liquid at room temperature (25 ° C.), "solid" indicates a solid at room temperature (25 ° C.)”.
These species read on applicant’s organic ammonium salt, since the anion is:
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26
190
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And the ammonium cation reads on formula (I) when
n = 4
R =
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452
164
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Therefore this claim is fully met.
Conclusion
No claim is allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jennifer Cho Sawyer whose telephone number is (571) 270 1690. The examiner can normally be reached on Monday-Friday 9 AM - 6 PM PST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Renee Claytor can be reached on (571) 272-8394. The fax phone number for the organization where this application or proceeding is assigned is 571-274-1690.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
Jennifer Cho Sawyer
Patent Examiner
Art Unit: 1691
/RENEE CLAYTOR/Supervisory Patent Examiner, Art Unit 1691
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