DETAILED ACTION
Claims 1-8 are currently pending and are allowed.
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 I in the reply filed on 21 January 2026 has been previously acknowledged.
Response to Amendment and Arguments
Applicant's amendment and arguments filed 23 July 2026 have been fully considered and entered into the instant application. Applicant’s amendment to the specification has overcome the objection to the specification for lacking page numbers, however, the amendment has introduced new matter into the specification and the specification is still objected. Applicant’s amendment has overcome the objection to claims 1-3 and 6. Applicant’s amendment has overcome the 35 USC 112(b) rejections of claims 1-8.
Specification
The amendment filed 23 July 2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: “, each of which is herein incorporated by reference in its entirety.”
See MPEP 211.02:
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While applicant provided specific reference to the prior application(s) in the application data sheet filed 28 November 2022, which is reflected on the Official Filing Receipt dated 25 July 2023, this is considered an incorporation by reference as to inadvertently omitted material subject to the conditions and requirements of 37 CFR 1.57(b), which provides a safeguard for applicants when all or a portion of the specification and/or drawing(s) is (are) inadvertently omitted from an application. Applicant is also encouraged at the time of filing to provide in the specification an explicit incorporation by reference statement to the prior filed application(s) for which benefit is claimed, if applicant does not wish the incorporation by reference to be limited to inadvertently omitted material. Applicant’s application filed 26 May 2021, did not include an explicit incorporation by reference statement in the specification. Applicant’s amendment filed 23 July 2026 adds an incorporation by reference statement as follows: “, each of which is herein incorporated by reference in its entirety” which is added after the application’s filing date. An incorporation by reference statement added after an application’s filing date is not effective because no new matter can be added to an application after its filing date.
Applicant is required to cancel the new matter in the reply to this Office Action.
Closest Prior Art
The closest prior art is CN102378574B (IDS 12/20/2022, cite no. 005 Foreign Patent Documents) which is discussed in the background of the invention in the instant specification. CN102378574B discloses the process
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see paragraph [1411]-[1415] which differs from the claimed process:
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, for example, as formula I is not utilized in the prior art process to prepare formula IV which is utilized to prepare formula V of the instant claims.
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 REBECCA L ANDERSON whose telephone number is (571)272-0696. The examiner can normally be reached Monday-Friday from 6am-2pm.
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/REBECCA L ANDERSON/Primary Examiner, Art Unit 1626 ____________________ 4 September 2026
Rebecca Anderson
Primary Examiner
Art Unit 1626, Group 1620
Technology Center 1600
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