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 .
The applicant's election of Group I, claims 1-6, with traverse in their reply dated 5/25/2026 is acknowledged. Claims 7-15 were withdrawn. Claims 1-6 are considered on the merits below.
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-6 in the reply filed on 5/25/2026 is acknowledged. The traversal is on the ground(s) that the prior art does not describe the technical feature of claim 1. This is not found persuasive because as indicated below art is presented that teaches all the required limitations.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The Information Disclosure Statements filed on 7/4/2023 and 9/22/2025 are in compliance with the provisions of 37 CFR 1.97 and have been considered. An initialed copy of the Form 1449 is enclosed herewith.
Specification
The disclosure is objected to because of the following informalities: no period at the end of [00174]. 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 1-6 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.
Regarding claim 1, the limitation “I” in line 6, is indefinite because it is unclear if the limitation is I- or just I. For examination purposes the examiner interprets that the limitation is “I-”.
Dependent claims follow the same reasoning.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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(s) 1, 2, 3, and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pierloot et al. (Inorg. Chem. 2010, 49, 10316–10329).
Regarding claims 1, 2, 3, and 6, Pierloot describes a corrole according to formula [I];
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264
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Wherein R1, R2, and R3 are each independently H, -COOH, or CF3 or a halide selected from the group consisting of F-, Cl-, Br- and I, with the proviso that R2, and R3 cannot all be CF3, and when the compound is of Formula II, M is a metallic ion or an elemental ion selected from the group consisting of an elemental ion of group 13-16 in row 3 or above and boron, or a salt thereof
(
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304
462
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; R1, R2, and R3 are H; and M is Cu).
Claim(s) 1, 2, 3, and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Busch et al. (J. Phys. Chem. C 2018, 122, 12404−12412).
Regarding claims 1, 2, 3, and 6, Pierloot describes a corrole according to formula [I];
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264
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Wherein R1, R2, and R3 are each independently H, -COOH, or CF3 or a halide selected from the group consisting of F-, Cl-, Br- and I, with the proviso that R2, and R3 cannot all be CF3, and when the compound is of Formula II, M is a metallic ion or an elemental ion selected from the group consisting of an elemental ion of group 13-16 in row 3 or above and boron, or a salt thereof
(
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302
218
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; R1, R2, and R3 are H; and M is Co).
Allowable Subject Matter
Claims 4 and 5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
References above describe the limitations of independent claim 1, however fail to teach or suggest the specific structures of claims 4 or 5.
None of the prior art discovered describes all the limitations alone or in combination, thus the prior art fails to teach or suggest all the limitations of claims 4 or 5.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY R BERKELEY whose telephone number is (571)272-9831. The examiner can normally be reached M-Th 9-6.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lyle Alexander can be reached at (571) 272-1254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LYLE ALEXANDER/Supervisory Patent Examiner, Art Unit 1797
/EMILY R. BERKELEY/
Examiner
Art Unit 1796
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