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 .
Response to Amendment
The amendments and remarks, filed on 1/29/2026 has been entered. The claim amendments overcome the previous claim objections of claims 7 and 19 and 112(b) rejection of claim 20.
Claim Status
Claims 4-22 are pending with claims 4-8, 15-20 and 22 being examined and claims 9-14 and 21 are withdrawn.
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 4-8, 15-20, and 22 is 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.
Claim 4 recites the limitation " wherein phosphorus of the phosphorus (V) porphyrin is covalently bonded to a silanol group and one atom of CI or Br is covalently bonded to the phosphorous of the phosphorus (V) porphyrin” lines 4-6 and “wherein the indicator is embedded in the immobilization matrix” lines 8-9. The limitation is unclear as to whether Applicants’ claim the phosphorus (V) porphyrin indicator is bonded to a silanol group or whether the phosphorus (V) porphyrin indicator is embedded in an immobilization matrix. Specifically, dependent claims 7, 8, 15, and 16 recite that the covalent bonding of the silanol group occurs with silica gel. If the indicator is bonded to silica gel, is the silica gel being embedded in the immobilization matrix? The instant specification shows the indicator compound binding to silica gel in Figure 4. However, it is unclear as to whether the silica gel is embedded within the immobilization matrix which is later claimed to a polymer compound. Further clarification is required. The Examiner provides references that teach phosphorus (V) porphyrin, silica gel, and an immobilization matrix. Claims 5-8 and 15-20 are rejected by virtue of dependency on claim 4.
Claim 20 recites the limitation “wherein the indicator comprises a phosphorus (V) porphyrin activated by covalent bonding of the phosphorus to a silanol group, wherein an activation of phosphorus (V) porphyrin having the formula porphyrin-P(V)X3, wherein X is CI or Br, is affected by the reaction of only one of the halogen ligands of the porphyrin-P(V)X3 with the silanol group” in lines 2-6 and “immobilization matrix for the indicator permeable to ammonia and/or amines, wherein the immobilization matrix is water-impermeable, and wherein the indicator is embedded in the immobilization matrix” in lines 7-9. The limitation is unclear as to whether Applicants’ claim the phosphorus (V) porphyrin indicator is bonded to a silanol group or whether the phosphorus (V) porphyrin indicator is embedded in an immobilization matrix. The instant specification shows the indicator compound binding to silica gel in Figure 4. However, it is unclear as to whether the silica gel is embedded within the immobilization matrix which is later claimed to a polymer compound. Further clarification is required.
Response to Arguments
Applicant’s arguments filed, 1/29/2026, have been considered and some of the arguments are found to be persuasive. However, those arguments are directed towards the claim amendments. The amended claims invoke a 112(b) rejection as described above and prior art references are provided. Further clarification of the indicator is required.
Other References Cited
Khalil et al (US 20100330692 A1; hereinafter “Khalil”) teaches an ammonia-sensitive indicator dye having measurable spectral characteristics, wherein the dye may be porphyrin.
Lu et al (A valuable visual colorimetric and electrochemical biosensor for porphyrin, 2011, Biosensors and Bioelectronics, 27, 172-177) teaches phosphorus porphyrin being used as a colorimetric sensor.
Fueda et al (Bactericidal Effect of Silica Gel-Supported Porphyrinatophosphorus(V) Catalysts on Escherichia coli under Visible-Light Irradiation, Bulletin of the Chemical Society of Japan, volume 79, issue 9, pp 1420-1425; hereinafter “Fueda”; already of record) teaches phosphorus porphyrin bonding to silanol group.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/A.Q.L./Examiner, Art Unit 1796
/MATTHEW D KRCHA/Primary Examiner, Art Unit 1796
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