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
All the references cited in the International Search Report have been considered. None is anticipatory or meet the elected claims.
Election/Restrictions
The applicant has elected Group IV (claims 11-12 and 17) without traverse.
This restriction is made FINAL. See previous action for the reasons of applying restriction.
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.
Claim(s) 11-12 and 17 (is)are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claims 11-12 and 17 lack of articles at the beginning of the claims. Regarding claim 11, the phrases " particular" and “obtainable” in claim 11 are indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. Claim 11 fails to define Sp. Claim 12 depend upon claim 11 and fail to rectify the issue in claim 11. See MPEP § 2173.05(d) Claim 17 fails to define SD.
It is duly notified all nonelected claims lack of articles at the beginning of the claims. Nonelected claims 6 and 18 and use claims and would be subjected to 101/112b rejections.
Allowable Subject Matter
The following is an examiner's statement of reasons for allowance:
Claim(s) 11-12 and 17 is(are) provisionally allowable over the closest prior art: Richter et al. (Inorganica Chimica Acta, 18-27, 2017-06-09), listed on IDS and ISR.
As to claims 11-12 and 17, Richter (schemes) discloses a dihydroazulunide complex:
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Richter fails to teach the claimed complex having Pt.
Therefore, claims 1-9 is(are) allowable in proviso the above 112b issue is resolved.
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”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANE FANG whose telephone number is (571)270-7378. The examiner can normally be reached on Mon-Thurs. 8am-6pm. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski can be reached on 571.572.1302. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SHANE FANG/Primary Examiner, Art Unit 1766
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