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
Response to Amendment
The amendment filed 4/03/2026 has been entered. Newly amended Claims 1, 19, 26, 41, 51-65 are pending in the application.
Claims 54-57 and 60-61 remain withdrawn. Claims 1, 19, 26, 41, 51-53, 58-59, and 62-65 are examined on the merits herein.
Rejections and/or objections not reiterated from previous office actions are hereby withdrawn. The following rejections and/or objections are either reiterated or newly applied and constitute the complete set presently being applied to the instant application.
Response to Applicant’s Arguments
Applicant argues that the Chen declaration filed 4/03/2026 is sufficient to disqualify Chen as prior art under 102(a)(1). Chen, the sole inventor named in the instant application, testifies that he is the sole inventor of the extant seven compounds of amended Claim 1 and that Yan Lou, a coinventor listed in the Chen reference, did not invent the claimed compounds. The affidavit is considered and sufficient to withdraw the rejection over 35 USC 103 over Chen. See MPEP 717.01(a). Therefore, the prior art rejection over Chen is withdrawn and the double patenting rejections wherein Chen is cited as a secondary reference are also withdrawn. See MPEP 804 (II)(B)(3).
Claim Rejections - 35 USC § 112(b)
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 58-59 and 62-65 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 regards as the invention. Claim 58 recites the limitations “the…carrier”, “the surfactant”, and “the antioxidant”. There is insufficient antecedent basis for this limitation in the claim. Claim 1 upon which Claim 58 depends does not recite the terms carrier, surfactant, or antioxidant following the amendments filed 4/03/2026. Claims 59 and 62-65 are rejected by virtue of dependency.
Conclusion
Claims 1, 19, 26, 41, and 51-53 are allowable. Claims 58-59 and 62-65 are rejected.
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 extension fee 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.
Inquiries
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Richard G. Peckham whose telephone number is (703)756-4621. The examiner can normally be reached 7:30am - 4:30pm.
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, Kortney Klinkel can be reached on (571) 270-5239. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICHARD GRANT PECKHAM/Examiner, Art Unit 1627
/Kortney L. Klinkel/Supervisory Patent Examiner, Art Unit 1627
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