DETAILED ACTION
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 .
Claims 8-25 are pending in this application.
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 11-13, 17, 18 and 22-24 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. The following reasons apply:
Claim 11 and claims dependent thereon recite the limitation "heteroaryl" in the definition of W2. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 and claims dependent thereon recite the limitation "heteroaryl" in the definition of W2. There is insufficient antecedent basis for this limitation in the claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 8-10, 14-16, 19-21 and 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Amoah et al., The Journal of Organic Chemistry. Amoah teaches the process of preparing a ketone where W1 is CH3CH=CH-CH(Et)-CH2- or CH3CH=CH-CH(1-naphthyl)-CH2- and W2 is isopropyl or normal butyl via mixing a thioester where W1 is CH3CH=CH-CH(Et)-CH2- or CH3CH=CH-CH(1-naphthyl)-CH2- and W3 is normal propyl with a Grignard reagent of formula (IIIa) where W2 is isopropyl or normal butyl and X is Cl or the Grignard reagent of formula (IIIb) where W2 is isopropyl or normal butyl and a copper salt is CuCN as set forth in examples 11aA, 37 and 38.
Claim(s) 8, 10, 14, 15, 21 and 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang, CN 107311914. Wang teaches the process of preparing a ketone where W1 is phenyl and W2 is -CH2CH2CH2(1,3-dioxan-2-yl) via mixing a thioester where W1 is phenyl and W3 is ethyl with a Grignard reagent of formula (IIIa) where W2 is -CH2CH2CH2(1,3-dioxan-2-yl) and a copper salt is CuCl as set forth in the preparation of compound 4.
Claim(s) 8-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anderson et al., Journal of the American Chemical Society. Anderson teaches the process of preparing a ketone where W1 is CH3(CH2)8- and W2 is n-butyl via mixing a thioester where W1 is CH3(CH2)8- and W3 is ethyl with a Grignard reagent of formula (IIIa) where W2 is n-butyl and X is Br and a copper salt CuI as set forth in Table I.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENDA L COLEMAN whose telephone number is (571)272-0665. The examiner can normally be reached Mon-Fri 10-6 (flex).
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/BRENDA L COLEMAN/Primary Examiner, Art Unit 1624