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 .
According to paper filed on Feb. 26, 2026, the applicants have filed RCE. The applicants have also canceled claim 2 and furthermore, have amended claims 1, 8 and 11.
Claims 1 and 5-20 are pending in the application.
Response to Arguments
Applicant’s arguments, see paper, filed Feb. 26, 2026, with respect to claims 1 and 5-20 have been fully considered and are persuasive. The applicants have amended claims to overcome Improper Markush Group rejection. Furthermore, the applicants have amended claims 8 and 11 to depend upon claim 1. Therefore, restriction requirement indicated in the last office action is also withdrawn.
NEW GROUNDS OF REJECTION
Claim Rejections - 35 USC § 112
5. 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 1 and 5-20 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.
In independent claim 1 as well as in claim 5, the applicants have put a proviso that --when D is anthracene -- -. However, in amended claim 1, variable D cannot represent anthracene. An appropriate correction is required.
Claim Rejections - 35 USC § 102
(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 1 is rejected under 35 U.S.C. 102(a) (1) as being anticipated by Gruetzmacher (U.S. Patent 4,567,048 A).
Gruetzmacher discloses indigoid dyes. The compound disclosed in preparation D (see col. 4, lines 22-24, RN 104188-40-1) by Gruetzmacher anticipates the instant claim when variable D represents naphthalene, variables R1 and R2 represent H, variables A1 and A2 represent formula 1A-2 in formula I and in formula 1 A-2, variable Z1 represents O, variable R55 represents H, n2 is 0 and variables R51-R54 represent H.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARANJIT AULAKH whose telephone number is (571)272-0678. The examiner can normally be reached Monday-Friday 7:00-3:30.
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/CHARANJIT AULAKH/ Primary Examiner, Art Unit 1621
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