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 .
DETAIL ACTION
This office action is a response to Applicant’s amendments/remarks after non-final rejection filed 5/22/2026.
As filed, claims 1 and 4-14 are pending; and claims 2 and 3 are cancelled.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/29/2026 has been considered by the Examiner.
Response to Amendments/Remarks
Applicant’s amendments/remarks, filed 5/22/2026, with respect to claims 1 and 4-14, have been fully considered and are entered. The status for each rejection in the previous Office Action is set out below.
The objection to the specification is withdrawn per amendments.
The § 112(b) indefinite rejection of claim 8 regarding, “the amorphous form”, is withdrawn per amendments.
The § 112(b) indefinite rejection of claim 8 regarding, “the crystalline modification A”, is maintained because the abovementioned phrase still lacked antecedent basis.
The § 112(b) indefinite rejection of claims 9-11 is withdrawn per amendments.
The claim objection of claims 1, 4-9, 13, and 14 is withdrawn per amendments.
Claim Rejections - 35 USC § 112(b)
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 8-10 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 8 the claim recites the phrase, “the crystalline modification A” wherein the word, “the”, requires antecedent basis, and it is unclear where applicant has defined “a” crystalline modification A. Without antecedent basis, the claim is rendered indefinite.
In addition, the claim recites, “the crystalline modification A”, of instant formula (II) without providing any PXRD pattern. It is unclear to the Examiner what are the metes and bounds of the crystalline modification, based on only the abovementioned name (i.e. A). As a result, the claim does not stand alone, and one must refer back to the specification to define the claimed invention to determine the metes and bounds of the claim. Again, the claim is rendered indefinite.
Regarding claims 9 and 10, the claims are dependent of claim 8, and they failed to correct the indefiniteness issue of claim 8, which rendered these claims indefinite.
Claim Objections
Claim 9 is objected to because of the following informalities:
Regarding claim 9, the claim recites the phrase, “and C1-C4 organic alcohols mixture thereof, and mixtures of the solvents with water”.
Such expression can be clarified by reciting -- 1-C4 organic alcohols, mixture thereof, and mixtures of the inert solvents with water --.
Appropriate correction is required.
Allowable Subject Matter
Claims 1, 4-7, and 11-14 are allowed.
Conclusion
Claims 8-10 are rejected.
Claims 1, 4-7, and 11-14 are allowed.
Claim 9 is objected.
Claims 2 and 3 are cancelled.
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 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.
Telephone Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PO-CHIH CHEN whose telephone number is (571)270-7243. The examiner can normally be reached Monday - Friday 10:00 am to 6:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Brooks can be reached at (571)270-7682. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PO-CHIH CHEN/Primary Examiner, Art Unit 1621
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