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
All the references cited in the International Search Report have been considered. None is anticipatory to the elected claim.
Election/Restrictions
The applicant has elected Species IIIb (claim 40) without traverse.
This restriction is made FINAL. See previous action for the reasons of applying restriction.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(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(s) 40 is(are) rejected under 35 U.S.C. 102(a)(1) as being anticipated by Korori et al. (Derwent JP 61243045).
As to claim 40, 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.
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 Status information for unpublished applications is available through Private PAIR only.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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