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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Election/Restrictions
Claims 15-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 6/30/26.
Applicant's election with traverse of Group I in the reply filed on 6/30/26 is acknowledged. The traversal is on the ground(s) that:
This election is made with traverse, as it is clear that all pending claims are
directed to the same single inventive concept -Mo⁴*-containing compounds and their use. Moreover, regarding the alleged combination/subcombination distinction, the glass article (Group II) requires the claimed compound as its coating, so the combination depends on the particulars of the subcombination. Therefore, the test that the Examiner recited (MPEP 806.05(c)) is not met.
Furthermore, the method claims (Group III) are clearly directed to making these
same compounds/articles. The Examiner has not shown any materially different
processes relevant to patentability. The Examiner states that, "the product can be
made using another and materially different process, such as one that does not employ a separate O-source to make the final product, but rather the O-source could be combined with the Ba-source or added through the addition of an oxidizing step."
However, the method claim 18 allows at least two of the precursors to be the
same precursor, and the Examiner's point regarding the addition of an oxidizing step would still require an O-containing precursor. Thus, the claims are not patentably distinct.
It is respectfully submitted that all claims concern closely related materials,
coatings, and deposition techniques, and would rely on substantially overlapping prior art. Accordingly, no serious search or examination burden exists.
This is not found persuasive because Group II claims a different range of compounds than Group I. That is, formula 2, the ratio of d:e in group I is 1:100 to 0.45:1, while in Claim 15, the ratio of d:e is from 1:100 to 100:1. Also, the ratio for g:h is also different as well as the ratio for g:i. Finally, the composition of Claim 15 distinctly requires a specific use, such as a coating on a glass substrate, which is not found in group I.
The requirement is still deemed proper and is therefore made FINAL.
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 2-8, 10, 12, 25 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 1-14 use the words “preferably” throughout. For example, Claim 2, lines 2-3 use the words “preferably greater” and Claim 4, lines 3-4 use the words “preferably from”. Use of the word “preferably” is indefinite because it is unclear if this is intended to further limit the claimed features or is optional. Clarification is requested.
As to Claims 10 and 12, these claims use the words “or a compositional equivalent of any of these compounds”, which is indefinite. It is unclear what is considered a “compositional equivalent” to these compounds.
Allowable Subject Matter
Claims 1-14 are allowed.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
REASONS FOR ALLOWANCE
The following is an examiner’s statement of reasons for allowance: The attached reference DOE “Material Data on BaMO2(PO4)3 by materials project. This reference does not meet Claim 1 because the value of a is smaller than the value of b (see Claim 1).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHENG HAN DAVIS whose telephone number is (571)270-5823. The examiner can normally be reached 9-5:30. 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, Fung Coris can be reached at 571-270-5713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHENG H DAVIS/Primary Examiner, Art Unit 1732 August 6, 2026
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