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
Claims 1-15 are pending in the present application file.
Election/Restrictions
Applicant’s election of Invention I (claims 1-10; directed to a compound or composition represented by Formula (1) or a tautomer thereof) and a species of present formula (1) without traverse in the reply filed April 28, 2026 is acknowledged.
As per MPEP 803.02, the examiner will determine whether the entire scope of the claims is patentable. Applicants' elected species of present formula (I) appears free of the prior art. Therefore, according to MPEP 803.02: should the elected species be found allowable, the examination of the Markush-type claim will be extended. If the examination is extended and a non-elected species found not allowable, the Markush-type claim shall be rejected and claims to the nonelected invention held withdrawn from further consideration. The examination of the Markush-type claims has been extended to include the species cited below under 35 U.S.C. 102, which are not allowable, and claims 2-3, which 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.
As a non-elected species has been found not allowable, the Markush-type claims have been rejected and claims to the nonelected invention held withdrawn from further consideration. Claims 1-10 have been examined to the extent that they embrace and are readable on the elected embodiment and the above identified nonelected species. Since the nonelected species has been found not allowable, subject matter not embraced by the elected embodiment or the above identified nonelected species is therefore withdrawn from further consideration.
Claims 11-15 do not read on the presently searched and examined subject matter. Therefore, claims 11-15 are withdrawn from consideration by the Examiner under 37 CFR 1.142(b) as being drawn to a non-elected invention.
Priority
The following continuity data is acknowledged in the present application file:
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Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on August 17, 2021. It is noted, however, that applicant has not filed a certified copy of the 2021-133007 application as required by 37 CFR 1.55.
Information Disclosure Statement
The Information Disclosure Statement(s) filed 05/01/2024, 04/28/2025, 10/03/2025 and 05/27/2026 have been acknowledged by the Examiner. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the Examiner.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 4-10 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by WO 2019/054281 A1 (Publication Date: 03/21/2019; International Filing Date: 09/07/2018).
WO ‘281 discloses a composition, containing a coloring material which transmits infrared rays and shields visible light, an infrared absorber, and a curable compound, that can form a film through which infrared light can pass while the noise from visible light is low. See abstract and para. 7-9. See also present claims 9-10. WO ‘281 discloses where the curable compound or composition may be a monomer or a resin, such as an epoxy resin or a resin containing a repeating unit having a polymerizable group. See para 135-140 and 158-160. See also present claim 8.
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WO ‘281 discloses the specific compound example C-10 which is encompassed by present Formula (1) where R1 and R2 are bonded to each other to form a ring, R3 and R4 are bonded to each other to form a ring, R5 to R8 are each hydrogen, R10 to R17 are each independently hydrogen, A is a heterocyclic group represented by Formula (P), R20 is Formula (2) and in Formula (P) R20 is hydrogen, and B is Formula (Q). Compound C-10 of WO ‘281 is also encompassed by present claims 4-7.
Allowable Subject Matter
Claims 2-3 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.
Conclusion
Claims 1 and 4-10 are rejected.
Claims 2-3 are objected to.
Claims 11-15 are withdrawn.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUINCY A MCKOY whose telephone number is (703)756-4598. The examiner can normally be reached Monday - Thursday 8:00 - 6:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Murray can be reached at 571-272-5541. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/QUINCY A. MCKOY/
Patent Examiner, Art Unit 1626
/KAMAL A SAEED/Primary Examiner, Art Unit 1626
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