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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/17/2025 has been entered.
This action is responsive to Applicant’s request for continued examination and amendment/remarks filed 11/17/2025.
Claims 1, 6, and 8-17 are currently pending.
Response to Amendment & Arguments
It is noted that the amendments to claim 1 delete the gallium phthalocyanine-based colorant complex compound of Chemical Formula 2-4 and the silicon phthalocyanine-based colorant complex compound of Chemical Formula 2-4 and add a new gallium tetrabenzoporphyrin-based colorant complex compound of Chemical Formula 2-4.
The objection of claim 1 is withdrawn in view of the above amendment removing the extra formula numbers.
The rejection of claims 1, 6, and 8-17 under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, regarding the original specification lacking sufficient written description for the terminal allyl groups in the prior, now deleted, gallium phthalocyanine-based complex compound of Chemical Formula 2-4 is withdrawn in view of the above amendment. However, a new 112(a) rejection is made below regarding the original specification lacking sufficient written description for the newly recited gallium tetrabenzoporphyrin-based complex compound of Chemical Formula 2-4. See the new 112(a) rejection, below.
The rejection of claims 1, 6, and 8-17 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite is withdrawn in view of the above amendment and arguments. Applicant’s persuasive and helpful explanation on p.5-6 of the present remarks that the claimed PEG0.4k group is well-known in the art as meaning a polyethylene glycol (PEG) having an average molecular weight of about 400, that such a product is widely commercially available, and a person having ordinary skill in the art would immediately recognize and understand the claimed -O-PEG0.4k group means a PEG substituent having an average molecular weight of about 400 are all noted. The claims as amended/argued are all clear and definite.
The rejection of claims 1, 6, and 8-17 under 35 U.S.C. 103 as being unpatentable over Woyciesjes et al. (US 2006/0054564 A1) in view of Vonwiller et al. (US 2006/0027138 A1) is withdrawn in view of the above amendment deleting the particular phthalocyanine-based colorants and presenting a new gallium tetrabenzoporphyrin-based colorant.
Woyciesjes et al. teach a heat transfer fluid and antifreeze compositions comprising a glycol compound and water (abstract, para. 0026, 0031-0032, & 0067-0069). Woyciesjes et al. further teach the composition comprises a colorant such as a phthalocyanine among many other chromophores and the colorant should be non-ionic and soluble or dispersible in the mixture of alcohol and water (para. 0031 & 0053+). However, Woyciesjes et al. fail to teach or suggest the colorant comprises a tetrabenzoporphyrin, let alone a porphyrin, as newly claimed.
Vonwiller et al. teach metal cyanine complexes with at least one axial ligand bound to the metal for use as dyes, i.e., colorants, (abstract & para. 0121+). The central metal of the complex may be gallium (para. 0123). Vonwiller et al. further teach their dyes have an improved water solubility (para. 0004) and the axial ligand imparts this solubility via its hydrophilicity (para. 0105 & 0120). However, Woyciesjes et al. fail to teach or suggest the dye/colorant comprises a tetrabenzoporphyrin complex, let alone a porphyrin complex, as newly claimed.
Applicant’s detailed arguments with respect to the 103 rejection over Woyciesjes et al. in view Vonwiller et al. of on p.6-13 of the present remarks have been considered but are moot because the arguments do not apply to the current ground(s) of rejection. Arguendo, while it is noted the present arguments submit the claimed Chemical Formula 2-4 colorant compound as amended exhibits an unexpected benefit/result, this is not true nor persuasive as the original specification does not disclose or suggest the newly recited tetrabenzoporphyrin complex. Applicant has not demonstrated unexpected results, let alone any results, for the newly claimed gallium tetrabenzoporphyrin complex. The original specification is drawn to and contains working examples to entirely different compounds than that instantly claimed. The newly claimed colorant compound has no nexus to the original disclosure.
Claim Rejections - 35 USC § 112
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 6, and 8-17 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Independent claim 1 has been amended to recite the antifreeze composition comprises a colorant having the structure of the following Chemical Formula 2-4, which is a particular gallium tetrabenzoporphyrin complex:
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While the original disclosure has basis for a similarly-structured gallium phthalocyanine complex (see, for example, Chemical Formula [2-4] at [00114] of the original specification), the original disclosure lacks sufficient basis for this compound because the original disclosure is wholly silent to and lacks any suggestion that the colorant is a gallium tetrabenzoporphyrin complex, let alone any tetrabenzoporphyrin complex or even a porphyrin complex. Please compare the following:
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Originally disclosed Ga-phthalocyanine
Disclosed/basis at [00114] of spec.
Newly claimed Ga-tetrabenzoporphyrin
No disclosure/basis
Claims 6 and 8-17 are also rejected for containing new matter as they are dependent on claim 1 and therefore incorporate the same chemical formula/colorant structure that does not have basis in the original disclosure.
Appropriate correction/clarification is required.
The remaining references listed on Forms 892 and 1449 have been reviewed by the examiner and are considered to be cumulative to or less material than the prior art references relied upon or described above.
For purposes of compact prosecution, Applicant is cautioned amendments that overcome the 112a new matter rejection of record might necessitate the above-cited prior art references applicable under 35 U.S.C. 103 rejection in view of the claims’ clarified/corrected/amended scope.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R DIAZ whose telephone number is 571-270-0324. The examiner can normally be reached Monday-Friday 9:00a-5:00p EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew can be reached on 571-272-2817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW R DIAZ/Primary Examiner, Art Unit 1761
/M.R.D./
January 12, 2026
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