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 .
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 1-20 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.
Regarding claim 1, the phrase "compound of formula: SbR4-nLy" renders the claim indefinite because it is unclear what are the limitations for n and y. The claims fails to limit the integer range of n and y, ultimately the metes and bounds of the claim is unclear.
Claims 2-20, are equally indefinite as being dependent from claim 1 and failing to further limit n and y of the above formula.
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.
Claims 1-2, 4-5, 9 and 16-17 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Domasevitch et al; Organoantimony(V) Cyanoximates: Synthesis, Spectra and Crystal Structures, T. Shevchenko University, Inorg. Chemistry, March 2000, Pages 1227-1237.
Regarding claims 1-2, 4-5, 9 and 16-17, Domasevitch teaches an organoantimony(V) cyanoximates synthesized and studied (relevant to claim 16) (abstract) comprising compound R4SbL, wherein R is a phenyl and L is cyanoximate group (relevant to claim 1) (Page 1228, 2nd column). Domasevitch additionally teaches compound
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90
171
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(relevant to claims 2, 4-5, 9 and 17) (Page 1236, Figure 7).
Conclusion
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MIKHAIL O'DONNEL. ROBINSON
Examiner
Art Unit 1627
/MIKHAIL O'DONNEL ROBINSON/Examiner, Art Unit 1627
/SARAH PIHONAK/Primary Examiner, Art Unit 1627