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
This office action is in response to applicant’s communication filed on 8/20/25.
Claims 1-16 are pending in this application. The examiner attempted to contact the attorney of record, Xia Li, at 352-871-8920, multiple times on 10/15/25 and 10/16/25, but was unsuccessful. The examiner heard this automated response “The mailbox is full and can not accept any messages at this time.”
Applicant’s election without traverse of Group 1, claims 1-6 and 9-16 in the reply filed on 8/20/25 is acknowledged. Thus claims 7-8 are withdrawn from further consideration being drawn to the nonelected invention.
As a result, claims 1-6 and 9-16 are being examined in this Office Action.
Priority
The applicant claims benefit as follows:
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Objections
Claims 1-3, 5-6, 12 and 14 are objected to because of the following informalities:
For clarity, the applicant should add parenthesis around the letters A, B, C, D and TM and the number 1, since they represent compounds in the claims. This change would look like: (A), (B), (C), (D), (TM) and (1). This should be done underneath the compounds in the reaction scheme and underneath the catalyst structure in claim 1, and throughout the claim language in claims 1-3, 5-6, 12 and 14.
The examiner also suggests a change to claim 1 from “A method for preparing and intermediate of formula TM of florfenicol, comprising the following synthetic route:” to “A method for preparing formula (TM), an intermediate of florfenicol, comprising the following synthetic route:”, for clarity.
The examiner also suggests a change to claim 1, in which the “workup” language is removed. Thus changing the claim language in claim 1 from “adding a catalyst to proceed a catalysis reaction; performing workup by adding a first acid after the catalysis reaction is ended; filtering out the precipitated solids after the workup, and concentrating the filtrate” to “adding a catalyst to proceed a catalysis reaction; adding a first acid after the catalysis reaction is ended; filtering out the precipitated solids, and concentrating the filtrate”, for clarity.
The examiner also suggests a change to claim 1 from “R is selected from methyl, ethyl, propyl, isopropyl, butyl, isobutyl, tert- butyl” to “R is selected from methyl, ethyl, propyl, isopropyl, butyl, isobutyl or tert- butyl”, to align with proper Markush language.
Appropriate correction is required.
Claim Rejections – 35 USC 112.2
The following is a quotation of the second paragraph of 35 U.S.C. 112:
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 1-6 and 9-16 are rejected under 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Claim 1 recites "the precipitated solids” in step (1). There is no antecedent basis for "precipitated solids” earlier in claim 1. The dependent claims are rejected as being dependent on a rejected claim. Appropriate correction is required.
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.
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Jennifer Cho Sawyer
Patent Examiner
Art Unit: 1691
/RENEE CLAYTOR/Supervisory Patent Examiner, Art Unit 1691