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 .
Priority
This application is a 371 of PCT/CN2021/104710 (07/06/2021)
and claims foreign priority to CHINA 202011570930.2 (12/26/2020).
Drawings
The drawings filed 4/20/23 are objected to for not conforming to the requirements of 37 CFR 1.84(u)(1) (“View numbers must be preceded by the abbreviation “FIG.” Where only a single view is used in an application to illustrate the claimed invention, it must not be numbered and the abbreviation “FIG.” must not appear.”). MPEP 608.02.
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-9, directed to a reactive dye product in the reply filed on 11/24/25 is acknowledged. The traversal is on the ground(s) that would be no burden to consider all claims. This is not found persuasive because the scope of the claimed compounds are to millions of different alternatives which are patentably distinct each requiring consideration of patentability and obviousness over the vast scope of Formula I.
The requirement is still deemed proper and is therefore made FINAL.
Applicant also elected the species of Formula (I-1) having the following structure:
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573
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reading on Formula (I) when R1 is H; R2 is COCH3; R3 is SO3;
D1 and D2 are (a) with X1 is SO2Y1; Y1 is CH2CH2OSO3H; R4,R5 are H.
determined to read on claims 1-6, 8.
As detailed in the following rejections, the generic claim encompassing the elected species was not found patentable. Therefore, the provisional election of species is given effect, the examination is restricted to the elected species only, and claims not reading on the elected species are held withdrawn. MPEP 803.02; Ex parte Ohsaka, 2 USPQ2d 1460, 1461 (Bd. Pat. App. lnt. 1987). Accordingly, claims 7, 9, and 10-12 are hereby withdrawn.
Should applicant, in response to this rejection of the Markush-type claim, overcome the rejection through amendment, the amended Markush-type claim will be reexamined to the extent necessary to determine patentability of the Markush-type claim. See MPEP 803.02.
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 1-6 and 8 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 1 uses a tilde in a manner which is ambiguous due to one of ordinary skill in the art being unaware if a range is implied or an approximation. For purposes of examination uses of tilde such as “C1~C4 alkyl” is being interpreted as “C1-4 alkyl”.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Amratlal et al. (IN201721032484, publication date 2019-05-10).
Amratlal teaches on p. 18 the following reactive dye compound:
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which is the same as the elected species. Thus, the claims are anticipated.
Conclusion
No claims allowed.
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/ROBERT H HAVLIN/Primary Patent Examiner, Art Unit 1626