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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 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.
Current Status of 18/647,768
This Office Action is responsive to the original claims of 26 April 2024.
Original claims 1-21 have been examined on the merits.
Priority
The effective filing date is 27 April 2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 15 January 2025, is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 14 is objected to as it contains a duplicative phrase: “between about”. Claims 15-16 are similarly objected to as these claims refer back to claim 14 but do not remedy the rationale underpinning the basis for objecting to claim 14.
Please revise accordingly.
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.
Claims 14-16 and 19-20 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.
Claim 14 recites the limitation “Formula (I)”. There is insufficient antecedent basis for this limitation in the claim.
As drafted, “Formula (I)” of claim 14 renders the metes and bounds of claim 14 undefined (hence rendering claim 14 indefinite under 35 USC 112(b)). The artisan does not know where antecedent basis can be found for “Formula I” within claim 14 or parent claim 6, which is drawn to “Formula (II)”.
Claims 15-16 are similarly rejected as indefinite under 35 USC 112(b) since these claims refer back to claim 14 but do not remedy the rationale underpinning the basis for rejecting claim 14.
Claims 19-20 are similarly rejected as indefinite under 35 USC 112(b) since these claims lack antecedent basis to “Formula (I)”. In contrast, parent claim 6 is drawn to “Formula (II)”.
Changing all the above occurrences of “Formula (I)” to -- Formula (II) -- within claims 14-16 and 19-20 will render moot this rejection.
Conclusion
Claims 14-16 and 19-20 are not presently allowable as written.
Claims 1-13, 17-18, and 21 are presently allowable as written.
There is no known prior art reference that either teaches or anticipates a compound of formula I according to instant claim 1 or use thereof according to instant claim 6. Moreover, there is no known prior art reference that either teaches or anticipates a process according to instant claim 21.
The reference ACS (American Chemical Society. Chemical Abstract Service. RN 500302-42-1. Entered into STN: 24 March 2003), discloses the compound:
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(see enclosed ACS reference), wherein: “X” is S; “a” is 3; “b” is 3.
However, ACS is a close art but not a prior art reference since the -NO2, above, is located meta to the amide. In contrast, the instant claim 1 requires -NO2 to be para to the amide.
Furthermore, the art is silent as to using compounds of instant claim 6 in any process to control corrosion. Moreover, the synthesis of instant claim 21 only retrieves the instant application from the prior art search.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN S KENYON whose telephone number is (571)270-1567. The examiner can normally be reached Monday-Friday 10a-6p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew D Kosar can be reached at (571) 272-0913. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN S KENYON/Primary Patent Examiner, Art Unit 1625
