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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/23/2026 has been entered.
Receipt of claim amendments filed on 05/22/2026 is acknowledged. Claims 21-28 have been added. Claims 1-14, 19 and 21-28 are pending in this application and are under examination.
All rejections and objections have been withdrawn in view of the claim amendments.
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 8 and 25-28 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.
Claim 8 is unclear, it recites
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22
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, however, there is no variable or part in the structural formula in claim 8 requiring this definition.
Claims 25-28 depend of claim 8 and recite
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118
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. However, there is no variable or part in the structural formula in claim 8 or claims 25-28 requiring this definition.
Claim 27 is unclear for various reasons:
It recites “substituted with two substituents, provided the substituent(s) are not an either carbon adjacent …”. It requires two substituents; thus, it should be substituents and not substituent(s). Regarding “are not an either carbon adjacent…”, maybe applicant means that the substituents are not in either carbon adjacent …”,
Claim 27 lacks antecedent basis for
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since there is no C=X group in claim 8.
Conclusion
Claims 8 and 25-28 are rejected. Claims 1-7, 9-14, 19 and 21-24 are in condition for allowance.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VALERIE RODRIGUEZ-GARCIA whose telephone number is (571)270-5865. The examiner can normally be reached Monday-Friday 9:30am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Brooks can be reached at 571-270-7682. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VALERIE RODRIGUEZ-GARCIA/Primary Examiner, Art Unit 1621
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