DETAILED ACTION
This Office Action is in response to the Applicant’s Amendment filed 07/20/26.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The rejection of Claims 1-4 on the ground of nonstatutory double patenting as being unpatentable over Claims 14, 20-23, and 34 of U.S. Patent No. 12,557,543 B2 as set forth in the Non-Final Rejection field 04/20/26 is overcome by the cancellation of the claims.
The rejection of Claims 15-17, 19, and 21-25 on the ground of nonstatutory double patenting as being unpatentable over Claims 14, 20-23, and 34 of U.S. Patent No. 12,557,543 B2 as set forth in the Non-Final Rejection field 04/20/26 is overcome by the Applicant’s amendments.
The rejection of Claims 1-4 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 as set forth in the Non-Final Rejection field 04/20/26 is overcome by the cancellation of the claims.
The rejection of Claims 5-25 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 as set forth in the Non-Final Rejection field 04/20/26 is overcome by the Applicant’s amendments.
The rejection of Claim 20 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 as set forth in the Non-Final Rejection field 04/20/26 is overcome by the Applicant’s amendments.
The rejection of Claims 1 and 2 under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN 110790797 A) as set forth in the Non-Final Rejection field 04/20/26 is overcome by the cancellation of the claims.
The rejection of Claims 15-17, 19, and 21-25 under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN 110790797 A) as set forth in the Non-Final Rejection field 04/20/26 is overcome by the Applicant’s amendments.
Information Disclosure Statement
The information disclosure statement filed 07/20/26 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
The Applicant has failed to file a legible copy of the following cited foreign patent documents: JP 2007254540 A, CN 110922429 A, CN 109956977 A, CN 116082406 A, JP 2023067848, KR 20230064557 A, JP 7278631 B2, and JP 7464303 B2.
Allowable Subject Matter
Claims 5-26 are allowed.
Examiner’s Note: The Office has relied on the Machine English translation of foreign document publication CN 110790797 A (herein referred to as “Wang et al.”) as the English equivalent. Unless otherwise noted, all figure, page, and paragraph numbers referenced herein refer to numbers found in the Machine English translation.
The closest prior art is provided by Wang et al. (CN 110790797 A), which discloses complexes of the following form:
PNG
media_image1.png
321
458
media_image1.png
Greyscale
where R1-3 = can form a fused ring with the ring in which they are bonded to ([0015]); an embodiment is disclosed:
PNG
media_image2.png
244
330
media_image2.png
Greyscale
(page 19 of Wang et al.). However, it is the position of the Office that neither Wang et al. singly nor in further combination with any other prior art discloses any of the complexes as recited in the claims, particularly in regards to the nature of the ligand La (wherein at least one of X4-7 = CRiii of Applicant’s Formulae 2-2 to 2-17).
Response to Arguments
The Applicant’s arguments (pages 1-2) with respect to the deficiencies of the previously stated rejections have been fully considered and are persuasive in view of the newly amended claims. Hence, the rejections have been withdrawn.
Conclusion
THIS ACTION IS MADE FINAL. 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 JAY L YANG whose telephone number is (571)270-1137. The examiner can normally be reached Mon-Fri, 6am-3pm.
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, Jennifer A Boyd can be reached at 571-272-7783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JAY YANG/Primary Examiner, Art Unit 1786
Prosecution Insights