DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification-Abstract of Disclosure
2. The abstract of the disclosure is objected to for the following reason:
The applicants are advised to delete the claimed phrase “represented by formula (1):”
The applicants are also advised to delete the claimed phrase “includes a structure represented by formula (2):,” and replace with the deleted phrase the term “has”.
Moreover, the applicants are advised to delete the structures (1) and (2) after the claimed phrase “has a content of the oligomer A of 1% or more”.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
3. Claims 1-3 are objected to because of the following informalities:
As to Claim 1: The applicants are advised to replace “formula (1)” and “formula (2)” with “Formula (1)” and “Formula (2)”, respectively,
As to Claim 2: The applicants are advised to replace “formula (3)” with “Formula (3)”.
As to Claim 3: The applicants are advised to replace “formula (4)” with “Formula (4)”.
Appropriate corrections are required.
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.
4. Claim 8 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.
As to Claim 8: While claim 8 refers to claim 6, claim 6 does not mention any presence of “a stabilizer composition”. Thus, it is not clear what “The stabilizer composition” recited in claim 8 is referring to, whether it is referring to the phosphite composition or the stabilizer in claim 6.
Clarification in the next response will be helpful to better ascertaining the scope of this claim.
Accordingly, the scope of this claim is deemed indefinite.
Allowable Subject Matter
5. Claims 1-7 and 9-10 are allowable over the prior art references, namely, English Translation of CN 102718796 (hereinafter referred to as “CN ‘796”) and Kimura et al. (US 7,683,112).
6. None of these cited references individually or in combination teach or would have suggested the claimed phosphite composition comprising a phosphite compound A0 represented by formula (1), and a particular amount of an oligomer derived from the compound A0 represented by formula (2) and has a particular number average molecular weight.
Specifically, CN ‘796 discloses a phosphite antioxidant (Paragraph [0007]), comprising as a main component of hydrogenated cashew phenol defined by Formulas III and IV (Paragraphs [0012] and [0020]-[0025]), corresponding to the claimed phosphite compound A0 represented by Formula (1). However, CN ‘796 does not mention a particular amount of an oligomer derived from the compound A0 represented by Formula (2) and has a particular number average molecular weight as required by the claims of the present application.
Kimura et al. do not remedy the deficiencies of CN ‘796. Kimura et al. only disclose a phosphite composition comprising 100 parts by weight of a phosphite represented by the formula (1) (see, for example, abstract). However, this phosphite represented by formula (1) taught by Kimura et al. do not correspond to the claimed phosphite compound A0 represented by Formula (1). They, like CN ‘796, also do not mention a particular amount of an oligomer derived from the compound A0 represented by Formula (2) and has a particular number average molecular weight as required by the claims of the present application.
Moreover, upon further search, co-pending US Application nos. 19/117,234 (corresponding to US PG PUB 2026/0103482) and 18/842,096 (corresponding to US PG PUB 2025/0171476) were uncovered. However, the claims of these co-pending applications do not recite or would have suggested the presently claimed phosphite composition comprising a phosphite compound A0 represented by formula (1), and a particular amount of an oligomer derived from the compound A0 represented by formula (2) and has a particular number average molecular weight.
Accordingly, claims 1-7 and 9-10 are deemed allowable over the prior art reference of record.
Correspondence
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANNAH J PAK whose telephone number is (571)270-5456. The examiner can normally be reached 8-5 PM; M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arrie Lanee Reuther, can be reached at (571)-270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HANNAH J PAK/Primary Examiner, Art Unit 1764
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