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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1 and 3-7 in the reply filed on 29 May 2026 is acknowledged. Claim 2 is withdrawn from consideration as being drawn to a non-elected invention.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 (or as subject to pre-AIA 35 U.S.C. 102) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 and 3-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2008/045534 A2 as evidenced by Screening Assessment Acrylates and Methacrylates Group with respect to claim 4.
This reference teaches in claim 1, a curcumin derivative bound to a carboxylic acid. See structure (I) in claim 1, wherein n is 0 thus making L be 0 and Y is -CH=CH-C(O)OR8 where R8 is H.
The instant claims are met by the reference.
As for claim 1, the reference teaches a curcumin derivative bound to a carboxylic acid. See structure (I) in claim 1, wherein n is 0 thus making L be 0 and Y is -CH=CH-C(O)OR8 where R8 is H and therefore Y is -CH=CH-C(O)OH which represents acrylic acid thus meeting the organic acid of claim 1. The molecular weight falls within the claimed range.
As for claim 3, the Y group contains at least one carboxylic acid.
As for claim 4, the evidentiary document teaches on page 1, that acrylic acid can be naturally occurring and therefore claim 4 is met as this carboxylic acid can be naturally occurring.
As for claim 5, the Y group represents carboxylic acid.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 103 (or as subject to pre-AIA 35 U.S.C. 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2008/045534 A2 in view of Epple et al (US Patent Application Publication No. US 20150101506 A1.
The WO 2008/045534 A2 reference was discussed previously, above.
Epple et al teaches, in claim 4, that it is known to use curcumin as a colorant in an ink composition.
The instant claims are obvious over the reference.
As for claim 6, while the reference does not recite the particle size of the compound it is within the level of ordinary skill in the art to manufacture the compound in the desired size depending on its end use. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 105 USPQ 223 (CCPA 1955).
As for claim 7, the WO 2008/045534 A2 reference teaches the formation of a dye from the curcumin derivative. Epple et al teaches that curcumin is known to be used as a colorant in ink compositions and therefore the use of the curcumin derivative from WO 2008/045534 A2 as and additive to ink is obvious.
Reference Cited By The Examiner
Europe Patent Specification No. EP 2813145 A1 teaches novel curcumin and tetrahydrocurcumin derivatives wherein one of the phenolic groups have been modified.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY J GREEN whose telephone number is (571)272-1367. The examiner can normally be reached Monday-Thursday from 6:30-5.
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, Amber R. Orlando can be reached at (571) 270-3149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTHONY J GREEN/Primary Examiner, Art Unit 1731
ajg
June 15, 2026
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