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 .
Abstract
Applicant is reminded of the proper content of an abstract of the disclosure.
In chemical patent abstracts for compounds or compositions, the general nature of the compound or composition should be given as well as its use, e.g., “The compounds are of the class of alkyl benzene sulfonyl ureas, useful as oral anti-diabetics.” Exemplification of a species could be illustrative of members of the class. For processes, the type of reaction, reagents and process conditions should be stated, generally illustrated by a single example unless variations are necessary.
The abstract of the disclosure is objected to because the general nature of the compound or composition should be given, such as the compounds being "thiourea-based compounds." A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 6, 13, 16, 25, 26, and 28 are objected to because of the following informalities:
Regarding claim 6, the limitation "the compound in claim 1" must be changed to "the compound according to claim 1".
Regarding claim 6, the meaning of the following abbreviation must be provided in the claim: Boc2O, MeOH, Boc, DMAP, EDC, THF, TFA, and DCM.
Regarding claim 6, the numbers "2" and "1" must not refer to different structures compared to formula 2 and 1 of claim 1.
Claim 6 must end with a period.
Regarding claim 13, the word "Claim" must not be capitalized.
Regarding claims 16 and 28, the limitation "sodium, potassium, ammonium or calcium bicarbonate" must be changed to "sodium bicarbonate, potassium bicarbonate, ammonium bicarbonate, or calcium bicarbonate".
Regarding claims 25 and 26, hyphens (or other symbols) must not be used as bullet points.
Appropriate correction is required.
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.
Claims 6 and 13-35 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 regards as the invention.
Claim 6 recites the limitation "A process for obtaining the compound in claim 1 with a reaction scheme comprising: [illustrated reaction scheme]" Grammatically, the word "comprising" modifies "a reaction scheme." Accordingly, the illustrated reaction scheme describes the "reaction scheme" of the claim preamble. The process of claim 6 is unclear because the claim does not clearly include any step(s). Moreover, the scope of "with a reaction scheme comprising: [illustrated reaction scheme]" is unclear because the meaning of the illustrated reaction scheme derives at least in part from a pictorial arrangement rather than from words. The intended meaning of each reaction arrow and associated reagents/reactants must be described using words. Moreover, even if, contrary to the grammar of the claim, the limitation "comprising" were interpreted as modifying "A process…," it would be uncertain how to interpret the illustrated reaction scheme in words. Should an illustrated reaction arrow be interpreted as a step of the process? Even under this interpretation, the limitations of the claim must be described in words, where a particular term (e.g., a compound according to Formula N) may refer to an illustrated formula.
Regarding the end of claim 6, the meaning of the circular symbol between structure 2 and 1 is unclear. Does the symbol mean "or"?
As set forth above, claim 6 is a "process" that fails to positively reciting any step(s). In other words, the limitations of claim 6 are entirely a claim preamble without a claim body. Attempts to claim a process without setting forth any steps involved in the process generally raises an issue of indefiniteness under 35 U.S.C. 112(b). For example, a claim which read: "[a] process for using monoclonal antibodies of claim 4 to isolate and purify human fibroblast interferon" was held to be indefinite because it merely recites a use without any active, positive steps delimiting how this use is actually practiced. Ex parte Erlich, 3 USPQ2d 1011 (Bd. Pat. App. & Inter. 1986). See MPEP 2173.05(q). Because the method of claim 1 lacks any active, positive steps (consisting entirely of a claim preamble without a claim body), the claim is indefinite.
Claim 13 recites the limitation "the beverage to be analyzed" in step a). There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the solution obtained in step a)" in step b). There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the compound 1 or 2" in step b). There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the observation" in step d). There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the compound 1 or 2" in step b). There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the beverage to be analyzed" in step c). There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the observation" in step e). There is insufficient antecedent basis for this limitation in the claim.
Claim 15 is rejected for depending from claim 14.
Claims 16 and 17 are rejected for depending from claim 13.
Claim 18 recites the limitation "the beverage-impregnated strip " in step b). There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation "the compound 1 or 2" in step c). There is insufficient antecedent basis for this limitation in the claim. The limitation is also recited in claim 19.
Claim 18 recites the limitation "the beverage to be analyzed" in step d). There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation "the observation" in step d). There is insufficient antecedent basis for this limitation in the claim.
Claims 19-24 are rejected for depending from claim 18.
Claim 25 recites the limitation "the compound 1 or 2." There is insufficient antecedent basis for this limitation in the claim. Claim 30 also recites this limitation.
Claim 25 recites the limitation "a transparent container with an opening and a closure containing the compound 1 or 2 according to claim 1." Grammatically, the limitation "containing the compound 1 or 2 according to claim 1" modifies "a closure," which does not make sense. Does the transparent container contain the compound instead?
Claim 25 recites the limitation "a transparent container with an opening and a closure containing a weak base in the form of an aqueous solution." Grammatically, the limitation "a weak base in the form of an aqueous solution" modifies "a closure," which does not make sense. Does the transparent container contain a weak base instead?
Claim 25 recites the limitation "the beverage to be analyzed." There is insufficient antecedent basis for this limitation in the claim.
Claim 26 recites the limitation "the compound 1 or 2." There is insufficient antecedent basis for this limitation in the claim.
Claim 26 recites the limitation "a transparent container with an opening and a closure containing a composition comprising the compound 1 or 2 according to claim 1." Grammatically, the limitation "containing the compound 1 or 2 according to claim 1" modifies "a closure," which does not make sense. Does the transparent container contain a composition instead?
Claims 27-35 are rejected for depending from claim 25.
Allowable Subject Matter
Claims 1-5 and 7-12 are allowed.
Claims 13-35 would be allowable if rewritten or amended to overcome the objections and/or rejection(s) under 35 U.S.C. 112(b) set forth in this Office action.
In order for process claim 6 to be put into allowable form, the claim must at least positively recite a step that obtains the compound according to claim 1.
The prior art of record does not teach or suggest the compound of formula 1 or 2 according to independent claim 1.
A relevant overview of the literature is provided by the post-dated review by Yang et al. ("Recent advances in active chromophores for detecting gamma-hydroxybutyric acid (GHB)-related illicit drugs," Analyst, 2025), which cites the related non-prior art of Rodríguez-Nuévalos, S. et al. ("Heteroditopic chemosensor to detect γ-hydroxybutyric acid (GHB) in soft drinks and alcoholic beverages," Analyst, 05 August 2021).
The prior art of Cao (CN 107056666 A) discloses the following compound of 4-nitrophenylthiourea:
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The intervening reference of Zhu, Z. et al. ("Modular Design of Chiral Conjugate-Base-Stabilized Carboxylic Acids: Catalytic Enantioselective [4 + 2] Cycloadditions of Acetals," J. Am. Chem. Soc. August 24, 2020) discloses catalyst 4f (Table 1):
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE ADAMS whose telephone number is (571)270-5043. The examiner can normally be reached M, T, Th, and F, 12-4 P.M.
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/MICHELLE ADAMS/ Examiner, Art Unit 1797
/JENNIFER WECKER/ Primary Examiner, Art Unit 1797
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