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
Claims 25, 28-29, 32 are objected/rejected
Claims 1-24, 26-27, 30-31, 33-36 are allowed
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 25, 28-29, 32 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claims 25, 28-29, 32 depends on claim 1, as claim 1 states:
“an N-heterocyclic carbene (NHC) precursor that is a salt of NHC that comprises an anion selected from the group consisting of bicarbonate, carbonate, halide, triflate, cyanide, and azide”.
Where claim 25, discloses chemical compounds with imidazole as group for NHC, which is not listed in claim 1.
Where claim 28, discloses expands the list with additional groups of NHC, such as alkyl, and many others, which are not listed in claim 1.
Where claim 29, discloses a list of groups that are not in claim 1.
Where claim 32, discloses chemical compounds with imidazole as group for salt of NHC, which is not listed in claim 1.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance:
None of the prior arts of record discloses or suggests the claim 1 including the deposition process comprising the selectively chemisorbing onto a metal surface of substrate, where the substrate include additionally non-metal or metal oxide surface, of an NHC (N-heterocyclic carbene) precursor that is a salt of NHC that comprises an anion selected from the group consisting of bicarbonate, carbonate, halide, triflate, cyanide, and azide; as claimed.
None of the prior arts of record discloses or suggests the claim 2 including the deposition process comprising the selectively chemisorbing onto a metal surface of substrate, of an NHC (N-heterocyclic carbene) precursor that is a salt of NHC that comprises an anion selected from the group consisting of bicarbonate, carbonate, halide, triflate, cyanide, and azide; as claimed. In light of the country as where the applicant and attorney reside, outside the USA, a phone call was not permitted to correct the 112d issued with an examiners amendment.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments, filed 02/02/2026, with respect to the rejection(s) of claim(s) 1-24, 26-27, 30-31, 33-36 under 103a have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, an allowance is in order. Moreover, in light on the 112D rejection of claims 25, 28-29 and 32, a final rejection is mailed.
All other applicant arguments not specifically addressed above are deemed unpersuasive as either not commensurate in scope with the broadly drafted claims or are unsupported by factual evidence and are deemed mere attorney speculation.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mohammad Mayy whose telephone number is (571)272-9983. The examiner can normally be reached Monday to Friday, 11:00AM-7:00PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gordon Baldwin can be reached at 571-272-5166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Mohammad Mayy/
Art Unit 1718
/GORDON BALDWIN/Supervisory Patent Examiner, Art Unit 1718