DETAILED ACTION
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 without traverse of group II in the reply filed on 2026 May 12 is acknowledged. As a result of the election, claims 34, 35, 42-44, 48, 49, 50, 56, 57, 60, and 61 are examined on the merits.
Claims 1, 2, 11, 17, 19, 20, 22, 23, 26, 71-73,104, and 105 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2026 May 12.
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 34, 35, 42-44, 48, 49, 50, and 51 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.
The “substantially pure form” concept has unclear metes and bounds. The specification does not give clear limits in regards to this idea (page [53], page 12). The “such as” language does not limit the purity of the carotenoid.
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Claim 51 recites the limitation that the compound has a purity greater than 95%. There is insufficient antecedent basis for this limitation in the claim because parent claim 34 has unclear metes and bounds with respect to a “substantially pure form”.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 56 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by PITTENAUER (2013, 48, 1299-1307). Pittenauer describes a compound (page 1305, figure 8 (B). Since this compound meets the limitations of claim 56 in which each instance of R10 is H, it is expected to have a detection wavelength at 254 nm and 420 nm. Since this is the only compound, it is free of other geometric isomers.
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Claim(s) 34 and 35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by LOCKWOOD (WO 2007/147163, published 2007 December 21). Lockwood describes examples 5 and 6 (page 49, line 24 to page 51, line 7). These examples describe the preparation of a compound of claim 56 in which examined variable R10 is ethyl or H. The diethyl form is converted to the carboxylic acid with Dibal. The reference only shows that the ( E )- isomer is prepared and it is assumed that no other geometric isomers are formed based on these examples. Additionally, due to these compound meeting the metes and bounds of variable R10 of claim 34, each compound is expected to have a detection wavelength of 254 nm and 420 nm.
Claim(s) 34 and 35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KRYSHTAL (Tetrahedron Letters, 2012, 53, 4971-4973) describes the preparation of compound 9b starting with compound7b (page 4972, scheme 1).
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Conclusion
Claims 34, 35, 42-44, 48, 49, 50, 51, and 56 are not allowed. Claims 57, 60, and 61 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: NIKIYIZA (WO 2019213538, published 2019 November 7) describes example 1 (page 142, paragraph [0218] to page 145, paragraph [0225]). A composition comprising trans-crocetin and a liposome is described. Nikiyiza does not suggest combining trans-crocetin with a PEG od 200-700 daltons.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOBLE E JARRELL whose telephone number is (571)272-9077. The examiner can normally be reached 9:00 AM to 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fereydoun Sajjadi can be reached at 571-272-3311. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NOBLE E JARRELL/Primary Examiner, Art Unit 1699
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