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 1-14 and 17-19 are pending in the application.
This action is in response to applicants' amendment dated August 25, 2026. Claims 10, 13 and 14 have been amended and claims 15, 16, 20 and 21 have been canceled.
Response to Amendment
Applicant's arguments filed August 25, 2026 have been fully considered with the following effect:
The applicant's amendments and arguments are sufficient to overcome the 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph rejections, labeled paragraph 1h) and j) in the last office action, which are hereby withdrawn. However, with regards to the 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph rejections, labeled paragraph 1a), b), c), d), e), f), g) and i) of the last office action, the applicant’s amendments and remarks have been fully considered but they are not persuasive.
a-g) The applicants’ stated that the Applicant respectfully disagrees and traverses the rejection where the variables R¹, R², R³, R⁴, R⁵, R⁶ and R⁷ are not defined in claim 1. They also stated that the Applicant has double-checked the file history of this Application and notes that claim 1 as it appears in this Amendment is consistent with the claims as filed and in the published Application US 20240217928 and all recited variables are shown in the formulas and are defined in the claims. However, the variables in formula I are R1, R2, R3, R4, R5, R6 and R7 which are not R¹, R², R³, R⁴, R⁵, R⁶ and R⁷ which is what is defined in claim 1. The definitions of the variables R¹, R², R³, R⁴, R⁵, R⁶ and R⁷ are to superscript variables and not R1, R2, R3, R4, R5, R6 and R7.
Claims 1-9, 13, 14 and 17-19 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 applicant regards as the invention, for reasons of record and stated above.
i) The applicants’ stated that claims 13 and 14 have been amended to add the missing period, however, the period at the end of line 4 of each claim is still present.
Claims 13 and 14 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 applicant regards as the invention, for reasons of record and stated above.
Allowable Subject Matter
Claims 10-12 are allowed. None of the prior art of record nor a search in the pertinent art area teaches the species as set forth in claims 10-12.
Conclusion
THIS ACTION IS MADE FINAL. 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 BRENDA L COLEMAN whose telephone number is (571)272-0665. The examiner can normally be reached Mon-Fri 10-6 (flex).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey H. Murray can be reached at 571-272-9023. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENDA L COLEMAN/Primary Examiner, Art Unit 1624
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