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
This office action is in response to applicant’s communication filed on 1/8/26. Claims 1, 16-22, 25 and 101-111 are pending.
Applicant’s election without traverse of Group I, claim 1 in the reply filed on 12/10/2025 is acknowledged. Thus Claims 16-22 and 25 are withdrawn from further consideration being drawn to the nonelected invention. As a result, claims 1 and 101-111 are being examined in this Office Action.
Priority
The applicant claims benefit as follows:
PNG
media_image1.png
58
388
media_image1.png
Greyscale
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.
Claims 1 and 101-111 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1, 106 and 109-110 includes -PO3H for the definition for Z. The examiner believes either a negative charge should be included or another hydrogen is missing. Does the applicant mean phosphonate, -PO3H2, instead?
Claim 1 recites the following structure of formula (VII)
PNG
media_image2.png
372
374
media_image2.png
Greyscale
The claim is rejected because the structure of formula (VII) is blurry and difficult to discern. In particular, the examiner can not discern the atoms that cap the two parenthetical amines at the right and left of the structure of formula (VII), which are circled below.
Furthermore, since there appears to be an open substitution outside the two parenthetical amines, circled below, this would constitute an incomplete partial structure. Partial structures are considered indefinite, since the structure of the entire compound is unclear. The examiner recommends the applicant include a clear structure of formula (VII), in which the atoms that cap the right and left parenthetical amines are inserted clearly, so that there are no open sites in the structure of formula (VII).
PNG
media_image3.png
386
392
media_image3.png
Greyscale
The dependent claims are rejected as being dependent on a rejected claim.
Objections
Claims 1, 101-102 and 107-111 are objected to because of the recitation of “formula V” and/or or “formula VII”. The examiner recommends the applicant include parenthesis around (V) and (VII) to match the labels below the structures in claim 1.
The disclosure is objected to because of the following informalities:
Similar to the 112 rejection above, the structures of formula (VII) and (VI), throughout applicant’s specification, are blurry and contain an incomplete partial structure, since it is unclear what caps the right and left parenthetical amines. For example, in applicant’s PGPUB (US 20230339849) on page 2, the structure of formula (VII) is so blurry, question marks are included as shown below:
PNG
media_image4.png
402
478
media_image4.png
Greyscale
Appropriate correction is required.
Objections
The drawings are objected to for similar reasons to the objection to applicant’s specification, shown above. Applicant’s structure of formula (VII) and (VI) in Figure 2 are blurry and contain an incomplete partial structure, since it is unclear what caps the right and left parenthetical amines. See structures below:
PNG
media_image5.png
490
458
media_image5.png
Greyscale
PNG
media_image6.png
248
314
media_image6.png
Greyscale
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Art of Interest
Song et al. (Biomacromolecules, 2020, 21(12), 5345-5357) teaches the following polyhydroxy compound (see Figure 1, page 5348), which shows the structure of the polyhydroxy compound and the 1HNMR:
PNG
media_image7.png
844
954
media_image7.png
Greyscale
Song et al. is deficient because it does not teach applicant’s carbon backbone or applicant’s Z group.
Conclusion
Claims 1 and 101-111 are rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jennifer Cho Sawyer whose telephone number is (571) 270 1690. The examiner can normally be reached on Monday-Friday 9 AM - 6 PM PST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Renee Claytor can be reached on (571) 272-8394. The fax phone number for the organization where this application or proceeding is assigned is 571-274-1690.
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.
Jennifer Cho Sawyer
Patent Examiner
Art Unit: 1691
/RENEE CLAYTOR/Supervisory Patent Examiner, Art Unit 1691