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 .
According to paper filed on June 2, 2026, the applicants have canceled claim 3; amended claims 1-2, 4-9, 15 and 16 and furthermore, have added new claims 21 and 22.
Claims 1-2 and 4-22 are pending in the application.
Response to Arguments
Applicant's arguments filed June 2, 2026 have been fully considered but they are not persuasive regarding indefiniteness rejection of claims 2 and 4-9 as well as regarding prior art rejection of claims 10 and 12-15 over Wannagat’s reference. The applicants have amended claims to overcome all other rejections. Regarding indefiniteness rejection of claims 2 and 4-9, the applicants argue on page 21 that claims are amended to overcome this rejection. This is not true. Claims 2 and 4-9 still lack antecedent basis for composition in claim 1. In regard to prior art rejection over Wannagat’s reference, the applicants argue on pages 24-25 that this reference does not anticipate the instant claims 10 and 12-15. The examiner does not agree with these arguments. The applicant’s attention is drawn to page 48 of this reference. On page 48, Wannagat teaches preparing compound B by using two different processes, each using two intermediates. The process for preparing compound B on the left side does anticipate the instant claims when variables R1-R5 represent methyl groups.
Conclusion
The indefiniteness rejection of claims 2 and 4-9 under 35 USC 112, 2nd paragraph is maintained.
The prior art rejection of claims 10 and 12-15 under 35 USC 102(a) (1) over Wannagat is maintained.
NEW GROUNDS OF REJECTION
Claim Rejections - 35 USC § 112
7. 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.
Claim 21 is 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.
Claim 21 recites the limitation "composition" in claim 1. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: Claims 1 and 16-20 are allowed.
Claims 11 and 22 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARANJIT AULAKH whose telephone number is (571)272-0678. The examiner can normally be reached Monday-Friday 7:00-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton A Brooks can be reached at 571-270-7682. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARANJIT AULAKH/ Primary Examiner, Art Unit 1621
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