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
Applicant’s preliminary amendment of 19 March 2026, in which claims 4-7 have been cancelled, is acknowledged.
Claims 1-3, 8-15 are pending in the instant application.
Claims 1-3, 8-15 are being examined on their merits herein.
Priority
This application claims the benefit of U.S. Provisional Patent Application 63/269,111, filed on 10 March 2022.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 26 May 2023 and 11 December 2024 are acknowledged and considered.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-3, 8-15, drawn to a zwitterionic compound of formula (1), formula (2), formula (3), or formula (4), and to a method of producing a zwitterionic compound, in the reply filed on 19 March 2026, is acknowledged.
Applicant has cancelled withdrawn claims 4-7.
Objection to the Specification
The Specification is objected to because the Scheme [0039] is confusing with respect to what is being formed in the first step (arrow without showing the reaction product).
Claim objection
Claim 1 is objected to because the recitation “A zwitterionic compound, having a structure of following formula (1), […]” could read --A zwitterionic compound of formula (1), […]--.
Claim 2 is objected to because, for better clarity, it could read --The zwitterionic compound of claim 1, wherein the zwitterionic compound is of formula (1), wherein R1 is […]--.
Claim 3 is objected to because it could read --The zwitterionic compound of claim 1, wherein the zwitterionic compound is of formula (1), wherein R1 is […]--.
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 8-15 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 8 is drawn to a method of producing a zwitterionic compound, comprising: reacting an oxidizing agent, a lactone, or a sultone with a reactant to obtain the zwitterionic compound having the structure of formula (1) or formula (2) as claimed in claim 1, wherein the reactant has a structure of following formula (9) or formula (10):
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The claim is confusing because it recites three different reactions between a reactant of formula (9) or of formula (10), and (1) an oxidizing agent; or (2) a lactone; or (3) a sultone, without providing the corresponding structures of the reaction products.
To clarify the claim language, Applicant is invited to explain that, when a reactant of formula (9) or of formula (10) reacts with an oxidizing agent (list in claim 9), the reaction product is of formula (1) or (2) of claim 1, wherein R1 is -O-.
Claim 8 could read –A method of producing the zwitterionic compound of claim 1, comprising reacting an oxidizing agent with a reactant of formula (9) or formula (10)
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to obtain a zwitterionic compound of formula (1) or of formula (2), wherein R1 is -O-. –
Claims 9, 10 (and 13) stay dependent on claim 8.
A separate new claim could be added, drawn to a method of producing the zwitterionic compound of claim 1, comprising reacting a lactone with a reactant of formula (9) or formula (10)
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to obtain a zwitterionic compound of formula (1) or of formula (2), wherein R1 is
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. Claim 11 could be re-written to depend on this new claim, and define the size of the lactone. Claim 12 could be dependent on this new claim.
A separate new claim could be added, drawn to a method of producing the zwitterionic compound of claim 1, comprising reacting a sultone with a reactant of formula (9) or formula (10)
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to obtain a zwitterionic compound of formula (1) or of formula (2), wherein R1 is
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. Dependent claims could be added, indicating the size of the sultone (as in claim 11), and the reaction temperature (as in claim 12).
Claim 14 is indefinite because it is unclear what is the chemical identity of “a first compound”, it is unclear what is the chemical identity of “a second compound”, and what zwitterionic compound is being produced.
Claim 14 could read –A method of producing the zwitterionic compound of claim 1, wherein the zwitterionic compound is of formula (3) or of formula (4), the method comprising reacting 3,4-dibromothiophene with
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to form a first compound which is
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;
reacting the first compound with
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to form a second compound which is
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; and
reacting the second compound with an amine selected from
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and
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to obtain the zwitterionic compound of formula (3) or of formula (4).--
Support for this amendment is found in the Specification, page 12.
Claims 1-3, 8-15 are found free of the prior art.
Cao et al. (Chem Sci 2016, 7, 1976-1981, cited in PTO-892) and Wu et al. (Langmuir 018, 34, 943-951, cited in IDS) describe the closest prior art, namely zwitterionic compounds
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Cao et al. Wu et al.
as monomer precursors to polymers (PSBEDOT, Cao et al.) with antifouling and antimicrobial properties.
The zwitterionic thiophene compounds disclosed by Cao and Wu are not anticipatory, nor do they render obvious a zwitterionic compound in the instant application, because a bicyclic 3,4-ethylenedioxythiophene (EDOT) core (Cao, Wu) is structurally distinct from a thiophene ring in the instant application.
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Instant application
Conclusion
Claims 1-3 are objected to.
Claims 8-15 are rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IRINA NEAGU whose telephone number is (571)270-5908. The examiner can normally be reached Mon-Fri 8-5.
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/IRINA NEAGU/Primary Examiner, Art Unit 1629
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