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 .
Receipt is acknowledged of IDS filed on 06/21/2023.
Claims 16-30 are pending.
Claims 1-15 are cancelled.
Claims 18, 21 and 25-30 are withdrawn.
Election/Restrictions
Applicant's election with traverse of Group I and Species A in the reply filed on 04/01/2026 is acknowledged. The traversal is on the ground(s) that the office action’s lack of unity determination is contrary to the position of the international searching authority. This is not found persuasive because as discussed in the restriction requirement, COMBA teaches the core structure of Formula I.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claim 24 objected to because of the following informalities: the structure image is hard to read. Appropriate correction is required.
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 17 and 19 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 17 recites “Ra has the meaning given as above”, this makes the claim unclear and should be changed to “Ra has the meaning given in claim X”, X being the claim where the definition of the variable is given.
Claims 19 recites “R4 has the meaning given as above”, this makes the claim unclear and should be changed to “R4 has the meaning given in claim X”, X being the claim where the definition of the variable is given.
Allowable Subject Matter
Claims 16, 20 and 22-23 allowed.
Conclusion
No claims are allowable.
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/S.L.M./Examiner, Art Unit 1618
/Michael G. Hartley/Supervisory Patent Examiner, Art Unit 1618
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