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 .
Status of Claims
Claims 1-55 are pending as of the response and amendments filed on 4/6/26. Claims 1-16 and 41-49 are withdrawn from consideration as being directed to non-elected inventions, claims 54-55 have been newly added. Claims 17-40 and 50-55 are currently under examination.
The previous rejection of claims 17-40 and 50-53 under 35 USC 112(b) is withdrawn in consideration of the amendments. However, a new rejection under 35 USC 112(b) is made upon consideration of the amended claims, discussed below.
Claims 17-40 and 50-55 were examined. Claims 37-38 and 54-55 are rejected. Claims 17-40 and 50-53 are allowed.
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 37-38 and 54-55 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.
Claim 37 recites numerous organic solvents selected from C1-8 alcohol, C2-8 ether, C3-7 ester, C2-7 nitrile, and an antisolvent, however claim 36, from which claim 37 depends from doesn’t recite the solvent to be selected from any of the above. Claim 36 recites the solvent to be selected from an alkyl acetate, a chlorinated solvent, and a ketone, therefore the limitations of claim 37 lack antecedent basis, and the claim is indefinite. Claims 38 and 54-55 are similarly rejected as these claims depend directly or indirectly from claim 37.
It is suggested claim 37 be amended to depend from claim 32 to overcome this rejection.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH PIHONAK whose telephone number is (571)270-7710. The examiner can normally be reached Monday-Friday 9:00-5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kortney Klinkel can be reached at 571-270-5239. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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SARAH . PIHONAK
Primary Examiner
Art Unit 1627
/SARAH PIHONAK/Primary Examiner, Art Unit 1627
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