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 .
Election/Restrictions
Applicant's election with traverse of a compound in which R1 is C15H31 in the reply filed on 2026 April 28 is acknowledged. The traversal is on the ground(s) that the search and examination of the entire application can be done without undue burden. After conducting an initial search the entire scope of the claims can be searched.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2023 September 27 and 2024 December 20 were submitted in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The abstract of the disclosure is objected to because it is two paragraphs. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Interpretation
The current interpretation of the claims is that a dipeptide with a lipid group is prepared and purified and with an organic acid. The claims are examined in a manner that ignores the parentheses.
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 1-18 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.
In examined variable R4, one possibility is that it represents a 5 or 6-membered ring possibly having one to three nitrogen atoms. This language is interpreted as “such as” language because the ring could have one to three nitrogen ring atoms but is not required to contain them. This lack of clarity could be remedied by amending the word “possibly” to --optionally--.
Regarding claims 1-18, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. In the specified claims, the language that is enclosed within parentheses is interpreted as “such as” language. Con See MPEP § 2173.05(d).
In claim 14, the metes and bounds of a solvent composition are unclear due to several interpretations of the solvent. The first interpretation is that the solvent contains one, toluene and methanol, or two, solely ethanol. The second interpretation is that the solvent contains two components: one, toluene; and two, methanol or ethanol. Which interpretation do applicants intend for this claim?
Allowable Subject Matter
Claims 1-18 are not allowed.
The following is a statement of reasons for the indication of allowable subject matter: MATSUMOTO (US 20140094420, published 2024 April 3) describes a process of separating a lipidic dipeptide using 6N HCl instead of an organic acid (page 5, paragraphs [0061]-[0062]). Matsumoto does not describe implicitly or explicitly that an organic acid can be used in the separation.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOBLE E JARRELL whose telephone number is (571)272-9077. The examiner can normally be reached 9:00 AM to 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fereydoun Sajjadi can be reached at 571-272-3311. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NOBLE E JARRELL/Primary Examiner, Art Unit 1699
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