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 .
DETAILED ACTION
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant’s submission filed on 7/8/26 has been entered.
The previous allowance has been withdrawn.
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.
Claim(s) 26 and 103-112 (is)are 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, or for pre-AIA the applicant regards as the invention.
Claim 26 fails to define R5, R6, R7, R8, and R12. It is uncertain whether R7 and R8 has the same definition as defined in those formulae in claim 40.
Allowable Subject Matter
The following is an examiner's statement of reasons for allowance:
Claim(s) 26 and 103-112 is(are) provisionally allowable over the closest prior art: Korori et al. (Derwent JP 61243045).
Claim(s) 40 and 92-102 is(are) allowable over the closest prior art: Korori et al. (Derwent JP 61243045).
As to claims 26, 40, and 92-112, Korori (abs.) discloses a 3-methyladipic acid ester produced by reacting 4-methyl-3-pentene acid ester(A) or 3-methyl-3-pentene acid ester with an aliphatic alcohol, such as methanol, ethanol, n-propanol. The resultant 3-methyladipic acid ester would have the following structure:
PNG
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97
251
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terminated with methyl group or two similar structures terminated with ethyl or n-propyl. These esters meet the claimed structure, corresponding to the claimed R7=R8= methyl, ethyl or n-propyl, X=C, and R5=R6=H in formula IVb.
However, Korori fails to teach the claimed structures in amended claim 26 and 40 and new claims 92-112.
Therefore, claims 26 and 103-112 is(are) allowable in proviso the above 112b issue is resolved; claim(s) 40 and 92-102 is(are) allowable.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANE FANG whose telephone number is (571)270-7378. The examiner can normally be reached on Mon-Thurs. 8am-6pm. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski can be reached on 571.572.1302. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SHANE FANG/Primary Examiner, Art Unit 1766
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