DETAILED ACTION
Claims 1-3, 6, 9, 12, 13, 19, 21, 23, 27, 29, 33, 35, 39, 42, 49, and 51 are currently pending in the instant application. Claims 1-3, 6, 13, 19, 33, 35, and 42 are allowed. Claims 9, 12, 21, 23, 27, and 29 are rejected. Claim 39 is objected. Claims 49 and 51 are withdrawn.
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 .
Election/Restrictions
Applicant's election with traverse of Group I and the species:
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in the reply filed on 30 June 2025 has been previously acknowledged.
According to MPEP 803.02, the examiner has determined whether the elected species is allowable. Applicants’ elected species appears allowable. Therefore, the search and examination has been extended to the entirety of claims 1-3, 6, 13, 19, 33, 35, and 42 which are also allowable.
Response to Amendment and Arguments
Applicant's amendment and arguments filed 30 December 2025 have been fully considered and entered into the instant application. While applicant has amended claim 39 to overcome the objection, the objection to claim 39 is amended as discussed below, for example as an “s” is deleted, however, there was no “s” present to be deleted. Applicant’s amendment to variables R5a, R5b, R5c, R5d, and R5e, Z1, and R20 have overcome the 35 USC 102(a)(1) rejections as being anticipated by Registry No. 896639-02-4, by Registry No. 1157857-82-3, and by Horak. Applicant’s amendment has also overcome the 35 USC 103 rejection as being unpatentable over Horak.
Claim Objections
Claim 39 is objected to because of the following informalities: Claim 39 has “[[s]]” in the first line of the claim, which is used to indicate the deletion of “s”, however, there was no “s” to delete. Additionally, the amendment filed 6/30/2025, while marking claim 39 as “original” had markings to show deletions and additions, which are also present in the claim 39 amended 12/30/2025, it is suggested that claim 39 be canceled and rewritten as a new claim in order to prevent printer errors. Appropriate correction is required.
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 21, 23, 27 and 29 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. Specifically, claims 21, 23, 27 and 29, which are ultimately dependent upon claim 1, have variables that are not defined in claims 21, 23, 27 or 29 and are also not defined in claim 1. For example, variable R30, A1, R40, A2, R31, A3, and R41 are variables provided without any definitions.
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 pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], 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.
Claims 9, 12, 21, 23, 27 and 29 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, 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. Specifically, claims 9, 12, 21, 23, 27 and 29 have definitions for variables R5a, R5b, R5c, R5d, and R5e which are not found in parent claim 1. For example, claim 9 has halogen, C1-C7haloalkyl, or -O(C1-C7 haloalkyl), which are not possible definitions in ultimate parent claim 1 which defines R5c as: Wherein one of R5b and R5c is R20
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.Claim 12, for example, has R5c as -OCF3 which is not found in ultimate parent claim 1. Claim 21 has R5a, for example, as
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which is not found in parent claim 1. Claim 21 also has
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which includes definitions outside the scope of parent claim 1, such as halogen. Claim 27 defines R5b similarly to claim 21. Claims 23 and 29 dependent upon claims 21 and 27 respectively do not fix the deficiencies of their parent claims and are also rejected.
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.
Conclusion
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 REBECCA L ANDERSON whose telephone number is (571)272-0696. The examiner can normally be reached Monday-Friday from 6am-2pm.
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/REBECCA L ANDERSON/Primary Examiner, Art Unit 1626 ____________________ 3 April 2026
Rebecca Anderson
Primary Examiner
Art Unit 1626, Group 1620
Technology Center 1600