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 .
Status of the Claims
Claims 1-8, 10, 12, and 21 are pending. Claims 1-7 and 21 are allowed. Claims 8 and 10 are objected to. Claim 12 is rejected.
Note from Examiner
Examiner tried calling agent Parithosh Tungaturthi on 6/23/2026 for an Examiner’s Amendment but could not get in contact.
Election/Restrictions
Claim 1 is allowable. Claims 8, 10 and 12, previously withdrawn from consideration as a result of a restriction requirement, include all the limitations of an allowable claim. Pursuant to the procedures set forth in MPEP § 821.04(a), the restriction requirement between inventions, as set forth in the Office action mailed on 11/21/2025, is hereby withdrawn and claims 8, 10 and 12 are hereby rejoined and fully examined for patentability under 37 CFR 1.104. In view of the withdrawal of the restriction requirement, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Response to Amendments/Arguments
Applicant’s 5/25/2026 amendments have overcome all previous objections and rejections (particularly the requirement of two instead of one of the steps of instant claim 1). Therefore, Applicant remarks from 5/25/2026 will not be addressed.
However, in light of the rejoinder above, novel objections and rejections are necessitated and described below.
Claim Objections
Claim 8 is objected to because of the following informalities: The claim should begin with an “A”. Appropriate correction is required. Claim 10 is additionally objected to for depending from claim 8 and failing to remedy its deficiencies.
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.
Claim 12 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 12 is indefinite because it is unclear if it is a method or product claim. If it is a method claim, there are no concrete steps of the process. Additionally, “formula (I)” in line 2 does not have antecedent basis. Examiner recommends inserting appropriate steps if Applicant intended for this claim to be a method/process claim. Examiner additionally recommends inserting the structure of formula (I) into claim 12.
Closest Prior Art
The closest prior art to claims 8, 10 and 12 is Sathe et al. (WO2019123066). Sathe teaches the following process on the bottom of p. 3:
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(particularly the last two steps of the prior art shown supra), wherein P of Formula (VI) is methyl.
The prior art does not include instant formula (V) in the process. Therefore, the prior art does not provide motivation for, nor render obvious, the instant claims. It should be noted that claim 12 is rejected under 112(b) supra for being indefinite and not including process steps.
Allowable Subject Matter
Claims 1-7 and 21 are allowed.
Conclusion
Applicant’s amendments necessitated the new ground(s) of rejection presented in this Office Action. Accordingly, THIS ACTION IS MADE FINAL. 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 extension fee 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGHAN C HEASLEY whose telephone number is (571)270-0785. The examiner can normally be reached Monday - Friday 8:30-4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Clark can be reached on 571-272-1310. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MEGHAN C HEASLEY/Examiner, Art Unit 1626
/KAMAL A SAEED/Primary Examiner, Art Unit 1626
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