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 .
Claims 1-20 are pending in the application.
Claim Rejections - 35 USC § 112
3. 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 1-9 and 16-17 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.
In independent claims 1 and 16, the term - - A precursor comprising - - - is vague and indefinite since it is not clear whether precursor is represented by this compound (5-membered ring containing 2N and 3Si atoms) or some other larger compound of unknown structure having this compound embedded somewhere.
Claim 2 recites the limitation "composition" in claim 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "composition" in claim 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "composition" in claim 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "composition" in claim 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "composition" in claim 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "composition" in claim 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "composition" in claim 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "composition" in claim 1. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
(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.
Claims 1, 3-6, 8-10 and 12-15 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Wannagat (Zeitsch. Fuer. Anorgan. and Allgem. Chem.).
Wannagat discloses silicon-nitrogen compounds and a process for preparing these compounds. The compounds B5 and B6 and a process for preparing these compounds (see page 49) disclosed by Wannagat anticipate the instant claims when variables R1-R5 represent methyl group or R1, R2, R4 and R5 represents methyl group and variable R3 represents propyl group in the instant compounds.
Claims 1, 3-4 and 8 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by compound with RN 133823-16-2.
The compound with RN 133823-16-2 was entered in STN on May 17, 1991 and therefore, anticipates the instant claims when variable R3 represents H and variables R1, R2, R4 and R5 represent methyl group in the instant claims. It is of note that these claims are directed to product by process and therefore, process is irrelevant.
Allowable Subject Matter
Claims 11 and 18-20 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.
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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