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 .
Election/Restrictions
Applicant’s election without traverse of hexakis[(4,4’-bipyridin-1-ium)methylene]benzene the reply filed on 2026 February 19 is acknowledged. A search of this group has been done (shown below). A search has been extended to the scope of claim 21.
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Due to a search of claim 21 being searched beyond the elected species, the restriction is withdrawn. Pursuant to the procedures set forth in MPEP § 821.04(B), claims 21-41, previously withdrawn from consideration as a result of a restriction requirement, are hereby rejoined and fully examined for patentability under 37 CFR 1.104.
Because all claims previously withdrawn from consideration under 37 CFR 1.142 have been rejoined, the restriction requirement as set forth in the Office action mailed on 2025 December 12 is hereby withdrawn. In view of the withdrawal of the restriction requirement as to the rejoined inventions, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 2025 August 7 were submitted in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are considered by the examiner.
Claim Objections
Claims 21-41 are objected to because of the following informalities: the phrase “tripodal confirmation” should be “tripodal conformation”. The definition of confirmation includes beliefs (“Confirmation definition and meaning”, https://www.dictionary.com/browse/confirmation, accessed 10 December 2022, cited in second 2025 August 7 IDS). The definition of “conformation in organic chemistry is related to the spatial arrangement of atoms or group (“Conformation”, IUPAC Gold book, accessed 10 December 2022, last revised 2014, cited in second 2025 August 7 IDS).
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Appropriate correction is required.
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.
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 21-41 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.
Claims 21-23 and 26-41 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: the required structural features of the organic ion. Neither the molecular hub nor the arms have any recited structural features. Claim 21 only recites that the organic ion is capable of adopting a tripodal conformation. Without any recited structural elements, the metes and bounds of the organic ion are unclear.
BELCHER (Organic and Biomolecular Chemistry, 2006, 4, 781-786) describes compounds 1a-b and 2a-b. In these compound, the following definitions apply: the organic ion has a 2,4,6-triethylbenzene hub and either three CH2-pyridinium-pyridine arms or CH2-pyridinium-CO2-Et arms (pages 781 and 785). The counterion is Br- or [PF6]-.
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TANABE (Chemistry Letters, 2008, 37(12), 1208-1209) describes compounds 1-3. In these compounds, the following definitions apply: the organic ion has a benzene hub and three substituted CH2-pyridinium-(3,4,5-tridodecyl)phenyl arms (page 1208). The counterions are [PF6]-, ]BF4]-, and Br-. These compounds are tripodal (page 1209, column 1, paragraph 3).
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Belcher and Tanabe describe tripodal compounds with ligands attached to a central phenyl ring. Without clear metes and bounds recited, any composition comprising an organic ion capable of adopting of a tripodal conformation and a counterion meets the limitations of claim 21.
Claims 24 and 25 recite the limitation that the organic ion is hexacationic hexakis[(4,4'- bipyridin-1-ium)methylene]benzene. There is insufficient antecedent basis for this limitation in the claim because parent claim 1 does not recite any structural requirements for an organic ion.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 21-33 and 35-41 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GUO (Chem, 2019, 5, 2353-2364, published online 2019 July 15). Guo describes tripodal compounds 1 and 2 (page 2355, figure 1, level 1 to page 2358, paragraph 1). In these compounds six instances of a pyridyl-pyridinium-methylene- or phenyl- pyridinium-methylene- ligand is connected to a central phenyl ring. Supramolecular forms are described (page 2355, figure 1, level 2). Composition are described (page 2358, paragraph 2 to page 2361, paragraph 2). A method of preparation is described (page 2358, paragraph 2; page 2362, paragraphs 3 and 5). A method of sequestration of contaminant ions is described (page 2359, last paragraph to page 2361, paragraph 3).
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Claim(s) 21, 23, and 35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BELCHER (Organic and Biomolecular Chemistry, 2006, 4, 781-786). Belcher describes compounds 1a-b and 2a-b, in which the following definitions apply: the organic ion has a 2,4,6-triethylbenzene hub and either three CH2-pyridinium-pyridine arms or CH2-pyridinium-CO2-Et arms (pages 781 and 785). The counterion is Br- or [PF6]-. Each anionic host is tripodal (abstract). Supramolecular assemblies are shown (page 789, figure 6). These compounds can bind ATP2- in CH3CN (abstract, page 785, column 1, second paragraph to column 2, first paragraph). Slow evaporation is used to prepare a crystalline composition (page 784, column 1, paragraph 3).
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Claim(s) 21 and 23 is/are rejected under TANABE (Chemistry Letters, 2008, 37(12), 1208-1209). Tanabe describes compounds 1-3, in which the following definitions apply: the organic ion has a benzene hub and three substituted CH2-pyridinium-(3,4,5-tridodecyl)phenyl arms (page 1208). The counterions are [PF6]-, ]BF4]-, and Br-. These compounds are tripodal (page 1209, column 1, paragraph 3).
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Claim(s) 21, 23, 26, and 27 is/are rejected under TANABE (Chemistry Letters, 2014, 43, 184-186). Tanabe describes compounds 1 and 2, in which the following definitions apply: the organic ion has a benzene hub and three substituted CH2-[quinolinium or pyridinium]-(3,4-di(O-dodecyl)phenyl arms (page 184). The counterion is [PF6]- (page 184). Each anionic host is tripodal (abstract). Supramolecular assemblies are shown (page 186, figure 4).
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Double Patenting
Claims 21-41 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11753396. Although the claims at issue are not identical, they are not patentably distinct from each other because the composition of claim 1 of US 11753396 is the same as the elected species of the examined application and meets the requirements of examined claim 1. Claims 6-10 of US 11753396 are drawn to a supramolecular assembly. Claims 11-13 of US 11753396 are drawn to a crystalline composition. Claims 14 and 15 of US 11753396 are drawn to a method of producing a composition. Claims 16-18 of US 11753396 are drawn to a sequestering a contaminant ion.
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Conclusion
Claims 21-41 are not allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOBLE E JARRELL whose telephone number is (571)272-9077. The examiner can normally be reached 9:00 AM to 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fereydoun Sajjadi can be reached at 571-272-3311. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NOBLE E JARRELL/Primary Examiner, Art Unit 1699