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 .
Election/Restrictions
Claims 1-2 and 4-8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on February 4, 2026. Without acquiescing with the arguments, it is noted that once the elected claims are determined to be in condition for allowance, rejoinder will be considered where possible.
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.
Claim 3 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Markert et al (US 7,129,205).
With regards to claim 3, Markert teaches the following compound:
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(column 1, lines 42-50) wherein X is -(C=CH)- and R1 is a C1-10 alkyl group or a C2-10 alkenyl group (column 1 lines 51-55) to be used as a perfume (abstract). Markert teaches the compound to be added to a perfume ingredients such as oils or alcohols (column 2 lines 30-47) which are well known to one skilled in the art prior to the effective filing date of the present invention to read on perfume carriers.
Conclusion
The following are suggested formats for either a Certificate of Mailing or Certificate of Transmission under 37 CFR 1.8(a). The certification may be included with all correspondence concerning this application or proceeding to establish a date of mailing or transmission under 37 CFR 1.8(a). Proper use of this procedure will result in such communication being considered as timely if the established date is within the required period for reply. The Certificate should be signed by the individual actually depositing or transmitting the correspondence or by an individual who, upon information and belief, expects the correspondence to be mailed or transmitted in the normal course of business by another no later than the date indicated.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following reference teaches a compound similar to the claimed formula (I), however adds a CH2 group between the C=C and the Oxygen atom: Indradas et al (WO 2014/180791).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA WHITELEY whose telephone number is (571)272-5203. The examiner can normally be reached 8 - 5:00.
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/JESSICA WHITELEY/Primary Examiner, Art Unit 1763