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 Arguments
Applicant’s arguments, see Page 2, filed 04/20/2026, with respect to the 112b rejection over claims 1-20 by the amendment to claim 1 have been fully considered and are persuasive. The 112b rejection of claims 1-20 has been withdrawn.
Applicants remarks to the 102 rejection of claims 1-2, 4-5, 9 and 16-17 over Domasevitch et al; Organoantimony(V) Cyanoximates: Synthesis, Spectra and Crystal Structures, T. Shevchenko University, Inorg. Chemistry, March 2000, Pages 1227-1237 is rendered moot. Applicant has added the limitations of claim 11 of the antimicrobial activity of the at least one organoantimony(V) cyanoximate into claims 1 and 16. Domasevitch (Page 1228) teaches the compound having antimicrobial activity by the properties of the Cyanoximes, thus the teachings of Domasevitch reads to the amendment of claims 1 and 16.
Applicant has canceled claim 11. Claims 1-10 and 12-20 is pending. Claims 1-10 and 12-20 is now evaluated on its merits.
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, 4-6, 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, 4-6, 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) and R3Sb(Hal)L wherein R is a phenyl and L is cyanoximate group and Hal is F, Cl or Br (relevant to claim 6) (Page 1228, 2nd column). The R4SbL has taught by Domasevitch demonstrates antimicrobial properties (Page 1228, first column). Domasevitch additionally teaches compound
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(relevant to claims 2, 4-5, 9 and 17) (Page 1236, Figure 7).
Claims 1-6, 9, 12-13 and 15-20 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Pinks, Synthesis, Characterization, and Biological Studies of Novel Synthesis, Characterization, and Biological Studies of Novel Organoantimony(V) Cyanoximates, 2020, Pages 1-163.
Regarding claims 1-6, 9, 12-13 and 15-20, Pinks teaches a method for inhibiting and/or preventing microbial and fungal growth by administration of organoantimony(V) cyanoximates by disk assays (relevant to claims 1, 12-13, 15 and 18-20). The organoantimony(V) cyanoximates that showed the greatest antimicrobial inhibition were Sb(Ph)4(ACO), Sb(Ph)4(ECO), Sb(Ph)4(TCO) and Sb(Ph)4(TDCO) (abstract). Of the organoantimony(V) cyanoximates Pinks teaches the synthesis by combining organoantimony(V) compound with cyanoximate compounds of
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to get compounds of (relevant to claims 2-6, 9 and 16-17).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Pinks, Synthesis, Characterization, and Biological Studies of Novel Synthesis, Characterization, and Biological Studies of Novel Organoantimony(V) Cyanoximates, 2020, Pages 1-163.The teachings of Pinks from the above 102 rejection of claims 1-6, 9, 12-13 and 15-20 is incorporated herein by reference.
Pinks fails to teach the composition comprising an adhesive.
Pinks, however teaches antimicrobial and antifungal testing is required to understand how practical Sb(V) cyanoximates are for treatment, which includes heterocyclic cyanoximes (Pg. 97). Additionally, the compounds have been used traditionally on many applications such as cosmetic (Pg. 7).
Therefore, it would have been obvious to someone of ordinary skill in the art to have tested the above compounds taught by Pink with an adhesive. One would have been motivated to do so from the teachings of Pink of the compound being used as cosmetic applications which is known in the art to use an adhesive, additionally testing different type of applications is of routine experimentation for testing antibacterial and antifungal therapeutics to be applied.
Allowable Subject Matter
Claims 7-8 and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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
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