DETAILED ACTION
Claims 1-6, 8-22, and 26-28 are currently pending in the instant application. Claims 1-6, 8-15, 21, 22, and 26-28 are allowed. Claims 16-20 are rejected.
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 .
Nucleotide and/or Amino Acid Sequence Disclosures
The Sequence listing was filed 1/14/2026.
Response to Amendment and Arguments
Applicant's amendment and arguments filed 14 January 2026 have been fully considered and entered into the instant application. Applicant’s amendment and arguments have overcome the objection to the specification, have overcome the objection to claims 1, 2, 7, 9, 12, and 16, have overcome the 35 USC 112(b) rejections of claims 1, 2, 10, 12, 14, and 21, and have overcome the 35 USC 112(d) rejections of claims 11 and 13. In regards to the 35 USC 112(b) rejections of claims 16-21, while applicant has amended claim 16 to add antecedent basis for “the cell”, the claim now refers to the “compound of Formula I” according to claim 1. There is no compound of Formula I in claim 1 as claim 1 has the formula V. Claims 17, 19, and 20 have been amended to delete “the complex” and replace with “the mixture,” however, there is no “mixture” in claim 16 or claim 1 from which claims 17-20 depend. Therefore, claim 16-20 are still rejected according to 35 USC 112(b).
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 16-20 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.
Claim 16 recites the limitation "wherein the compound of Formula I" in reference to claim 1. However, claim 1 does not have “Formula I” but has “Formula V”. There is insufficient antecedent basis for this limitation in the claim. “Formula I” can be found in claims 2 and 3.
Claims 17, 19 and 20 recite the limitation "the mixture" in reference to claim 16 or claim 1. However, claim 16 and its parent claim 1 do not have “a mixture” There is insufficient antecedent basis for this limitation in the claim. “A mixture” can be found in claim 3. Claim 18 is dependent upon claim 17 and is included in this rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) 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 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Kosar can be reached at 571-272-0913. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/REBECCA L ANDERSON/Primary Examiner, Art Unit 1626 ____________________ 28 March 2026
Rebecca Anderson
Primary Examiner
Art Unit 1626, Group 1620
Technology Center 1600
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