DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This application is a 371 of App. No. PCT/US2021/036860, filed on 10/05/2021, which is entitled to and claims the benefit of priority of U.S. Provisional App. No. 63/087,450, filed 10/05/2020. The preliminary amendment filed on 03/31/2023 is entered and acknowledged by the Examiner.
3. Claims 1-10, 13-21 are pending. Claims 1-10, 13-21 are under examination on the merits. Claims 11-12 are cancelled.
Information Disclosure Statement
4. The information disclosure statements submitted on 06/29/2023, and 10/08/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the examiner has considered the information disclosure statements.
Drawings
5. The drawings are received on 03/31/2023. These drawings are acceptable.
Priority
6. Receipt is acknowledged of papers submitted on 03/31/2023 under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Claim Rejections - 35 USC § 112
7. 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.
8. Claims 1-10, 13 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 pre-AIA the applicant regards as the invention. Claim 1 recites the term “(in the general formula 1, … an adjacent carbon atom)”, wherein, the inclusion of a term within parentheses renders the claim indefinite because it is unclear whether the included term is part of the claimed invention. Claims 2-10, 13 being depended on claim 1 are rejected as well.
9. Claim 2 is 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 pre-AIA the applicant regards as the invention. Claim 2 recites the term “(in the general formula 4, … a hydrogen atom or a substituent.)”, wherein, the inclusion of a term within parentheses renders the claim indefinite because it is unclear whether the included term is part of the claimed invention.
10. Claim 5 is 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 pre-AIA the applicant regards as the invention. Claim 5 recites the term “(in the general formula 4, … a hydrogen atom or a substituent.)”, wherein, the inclusion of a term within parentheses renders the claim indefinite because it is unclear whether the included term is part of the claimed invention.
11. Claims 14-17 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 pre-AIA the applicant regards as the invention. Claim 14 recites the term “(in the general formula 1, … an adjacent carbon atom)”, wherein, the inclusion of a term within parentheses renders the claim indefinite because it is unclear whether the included term is part of the claimed invention. Claims 15-17 being depended on claim 14 are rejected as well.
12. Claim 15 is 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 pre-AIA the applicant regards as the invention. Claim 15 recites the term “(in the general formula 4, … a hydrogen atom or a substituent.)”, wherein, the inclusion of a term within parentheses renders the claim indefinite because it is unclear whether the included term is part of the claimed invention.
13. Claims 18-21 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 pre-AIA the applicant regards as the invention. Claim 18 recites the term “(in the general formula 2, … an adjacent carbon atom)”, wherein, the inclusion of a term within parentheses renders the claim indefinite because it is unclear whether the included term is part of the claimed invention. Claims 19-21 being depended on claim 18 are rejected as well.
14. Claim 19 is 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 pre-AIA the applicant regards as the invention. Claim 19 recites the term “(in the general formula 4, … a hydrogen atom or a substituent.)”, wherein, the inclusion of a term within parentheses renders the claim indefinite because it is unclear whether the included term is part of the claimed invention.
Allowable Subject Matter
15. Claims 1-10, 13-21 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
16. The following is an examiner’s statement of reasons for allowance:
The most pertinent prior art known by the Examiner is in the attached form PTO-892.
Anil Kumar (US Pat. No. 5,891,368) teaches a fluoranthenopyran compound selected from the group consisting of (b) 5-(4-methoxyphenyl)-5-(4-morpholinophenyl)-8-ethoxycarbonyl-5H-fluoranthen o[3,2-b]pyran.
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Shenbor et al. (Synthesis and properties of 4-ethoxyfluoranthenopyrylium salts and fluoranthenopyrones", CHEMISTRY OF HETEROCYCLIC COMPOUNDS, vol. 15, no. 1, 1 January 1979 (1979-01-01), pages 23-28, XP093192694, New York, ISSN: 0009-3122) teach the following photochromic compound.
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Chen et al. ( US Pat. No. 6,207,084 B1) teach the photochromic compound and its use in a photochromic lens.
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None of the documents teaches individually or in combination or suggest the recited compound represented by the general formula 1, and at least either B1 and B2 or the general formula 2, and at least either B3 and B4 represents a monovalent group represented by general formula 3 as set forth, nor would have been obvious to a person skilled in the art. Therefore, the instant claims are distinguished over the prior art.
Examiner Information
17. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bijan Ahvazi, Ph.D. whose telephone number is (571) 270-3449. The examiner can normally be reached on Mon-Fri 9.00 A.M. -7 P.M..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached on 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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.
/Bijan Ahvazi/
Primary Examiner, Art Unit 1763
01/14/2026
bijan.ahvazi@uspto.gov