DETAILED ACTION
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 instant application.
Priority
This application claims priority to U.S. Provisional Patent Number 63/431,496, with a filing date of Dec. 9, 2022.
Information Disclosure Statements
Applicants’ Information Disclosure Statement, filed on 12/08/2023, has been considered. Please refer to Applicant’s copy of the PTO-1449 submitted herewith.
Response to Restriction Requirement
Applicant’s election without traverse of Group II (i.e. claims 14-18) in the reply through telephonic Restriction and Election by Applicant’s representative Eric Nielson on 05/26/2026 is acknowledged.
Claims 1-13 and 19-20 are withdrawn from further consideration as non-elected subject matter pursuant to 37 CFR 1.142 (b). Claims 14-18 are under examination on the merits.
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 14-18 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 pre-AIA the applicant regards as the invention.
Specifically, claim 14 fails to define what the claimed method to be used for. One ordinary skilled in the art would have not known how to use the claimed method. It seems the claimed method of claim 14 is used for validating purity of a MoCl5 precursor. However, claim 15 depending on claim 14 further comprises removing a molybdenum impurity from the MoCI5 precursor when the low impurity content is not validated. It seems the claimed method of dependent claim 15 is drawn to a method of preparing MoCl5 precursor with a validated purity. Because claims 14 and 15 are drawn to different methods, and cannot be grouped together because claim 15 fails to further limit claim 14.
In addition, claim 14 contains the term “a reference value”, which is not defined in the claim. Therefore, claims 14-15 are rejected.
claim 16 fails to define what the claimed method to be used for. In addition, claim 16 contains the term “a reference value”, not defined in the claim. For the same reason as being described in the rejection of claims 14-15. Accordingly, claims 16-18 are also rejected.
Please Note: Claims 1-13 and 19-20 are not subject to rejoinder, and should be canceled in response to Office action. Claims 14-18 would be allowed if the 112(b) rejection is overcome.
Conclusions
Claims 14-18 are rejected.
Claims 1-13 and 19-20 are withdrawn.
Telephone Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yong L. Chu, whose telephone number is (571)272-5759. The examiner can normally be reached on M-F 8:30am-5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber R. Orlando can be reached on 571-270-3149. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/YONG L CHU/Primary Examiner, Art Unit 1731
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