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 .
Response to Arguments
Applicants arguments and amendments, filed on 7/20/26, have been fully considered but they do not confer patentability on the instantly filed claims. Applicants have amended independent claim 1 to require that both of R1 and R5 are present and independently selected from CN or CF3 and that A3 is the same as A2. The other amendments presented are to correct for the claim objections and 112(b) rejections in the previous Office action. Additionally, a new claim 16 has been added. There are still outstanding claim objections and a 112(b) rejection as described below.
Claim Objections
Claim 1 is objected to. The limitation “F, D” should be amended to “F or D” for better clarity.
Claim 1 is further objected to. The structure
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as found at the top of claim 1 should be replaced with
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so as to match the variable assignments in claim 1.
Claim 2 is objected to. The structure
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as found at the top of claim 2 should be replaced with
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to clearly show the C-B1 single bond.
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.
Claims 1-3 and 6-16 rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Claim 1 recites that R1 and R5 (if present) are independently selected from CN, CF3, F, H, or D. Claim 1 further recites the proviso that R1 and R5 are present and independently selected from CN or CF3. These two limitations cannot be present in the same claim as it renders the claim indefinite. Specifically, the claim recites two mutually exclusive embodiments which cannot be satisfied at the same time. As the proviso has been added via an amendment, the Examiner will interpret claim 1 as requiring this proviso to be satisfied. Because of this, Applicants may overcome this rejection by canceling the limitation “R1 and R5 (if present) are independently selected from CN, CF3, F, H, or D” from claim 1 and also removing the language “with the proviso that –” from claim 1. Claims 2, 3, and 7-16 are included in this rejection as they are directly dependent or ultimately depend from claim 1.
Conclusion
Applicant's amendment necessitated the new ground of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ROBERT S LOEWE whose telephone number is (571)270-3298. The examiner can normally be reached M-F 8AM-5PM.
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, Randy Gulakowski can be reached at 571-272-1302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Robert S Loewe/Primary Examiner, Art Unit 1766
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