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 .
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, 7, 10, 11, and 13-17 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation C1-10-alkyl group, and C1-10-alkylene group, and the claim also recites “particularly a methyl or an ethyl group”, and “particularly an ethylene or propylene group” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 6 recites the broad recitation, R30=R31=R32=R33, and the claim also recites, “preferably R30=R31=R32=R33=H”, which is the narrower statement of the range/limitation.
Claim 7 recites the broad recitation, R34 represents a methyl group or H, and the claims also recites, “preferably H” which is the narrower statement of the range/limitation.
Claim 10 recites the broad recitation, R20=R21=R22=R23= ethyl or butyl, and the claim also recites, preferably butyl, which is the narrower statement of the range/limitation.
Claim 11 recites the broad recitation, a phosphor atom which is bound to at least one oxygen atom, and the claim also recites, preferably selected from the group consisting of PO43-, HPO42-, P2O73-, and H3P2O7-, which is the narrower statement of the range/limitation.
Claim 13 recites the broad recitation, wherein the molar ratio of the compound of formula (II) to the compound of formula (IIIa) or (IIIb) is ranging from 1:15 to 1:1, and the claim also recites,
PNG
media_image1.png
114
638
media_image1.png
Greyscale
PNG
media_image2.png
86
586
media_image2.png
Greyscale
which is the narrower statement of the range/limitation.
Claim 14 recites the broad recitation, the amount of organic tertiary or quaternary ammonium salt is ranging from 0.01-0.3 mol%, and the claim also recites, preferably ranging from 0.02-0.1 mol%, more preferably ranging from 0.02-0.07 mol%, which is the narrower statement of the range/limitation.
Claim 15 recites the broad recitation, n represents 1, 2, 3, or 4, and the claim also recites, particularly 1 or 2, which is the narrower statement of the range/limitation.
Claim 16 recites the broad recitation:
PNG
media_image3.png
58
612
media_image3.png
Greyscale
PNG
media_image4.png
52
636
media_image4.png
Greyscale
and the claims also recites, preferably 6-methyl-5-hepten-2-one, or 6, 10-dimethyl-5,9-undecadien-2-one, which is the narrower statement of the range/limitation.
Claim 17 recites the broad recitations, R5 represents a linear or branched C1-10 alkyl group, and the claim also recites, particularly a methyl or an ethyl group, which is the narrower statement of the range/limitation; claim 17 also recites R5’ and R5’’ represent either or linear or branched C1-10 alkyl group, particularly a methyl or an ethyl group’ or R5’ and R5’’ together form a linear or branched C1-10 alkylene group, particularly an ethylene or propylene group, which are narrower statements of the range/limitation(s).
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) 1-10 and 12-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wu et al. (CN106478514).
Wu et al. disclose a method for synthesizing gamma, delta-unsaturated ketones by reacting an unsaturated alcohol and a 2-alkoxypropylene, in a Bronsted acid functional ionic liquid solvent, wherein the solvent also acts as a catalyst (abstract).
In example 1, a 1:3 mixture of 3,7-dimethyl-1-octen-3-ol and 2-methoxypropene are added to a stirred reactor with the ionic liquid catalyst, ([STA][p-TsO], n=4) which is a quaternary ammonium salt that fits within the scope of the compound of formula (VI) in the instant claims, to produce 6, 10-dimethyl-5-undecen-2-one. The reference also disclose an embodiment wherein [SP][p-TsO], n=4, which is a tertiary ammonium salt that fits within the scope of the compound of formula (V) in the instant claims, is used as the catalyst (pages 2, 3, 7, 11, 13-15). The process(es) disclosed by Wu et al. anticipate the instant claims.
Claim(s) 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wu et al.
Wu et al. disclose a reaction mixture comprising 3,7-dimethyl-1-octen-3-ol (within the scope of instant compound II), 2-methoxypropene (within the scope of instant compound IIIa), and tertiary ammonium salt, ([STA][p-Tsp], n=4), in example 1 of the reference. This reaction mixture anticipates the instant claim.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (CN106478514) in view of Baumgartner (WO 2017/097884).
The instant claim limits the anion of the tertiary or quaternary ammonium salt used in the present invention to one that comprises a phosphor atom. Wu et al. teach anions containing sulfur atoms; however, Baumgartner teaches a reaction, wherein 6-methyloct-5-en-2-one is produced by reacting 3-methyl-pent-1-en-3-ol with 2-methoxypropene in the presence of triethanolamine phosphate, a tertiary ammonium salt having a phosphorus bound to at least one oxygen atom, as per the instant claim (example 6).
In view of the combined reference teachings, it would have been obvious to a person having ordinary skill in the art that in a process for making a gamma, delta-unsaturated ketone from the reaction of an unsaturated alcohol and an alkoxyalkylene compound conducted in the presence of tertiary or quaternary ammonium salts, phosphorus-containing anions may be used, as well as sulfur-containing anions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIKARL A WITHERSPOON whose telephone number is (571)272-0649. The examiner can normally be reached M-F 9am-9pm IFP.
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, Scarlett Goon can be reached at 571-270-5241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SIKARL A WITHERSPOON/Primary Examiner, Art Unit 1692