DETAILED ACTION
Claims 1-4 are currently pending in the instant application. Claim 1 is rejected. Claims 2-4 are withdrawn from consideration as being for non-elected subject matter.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 29 December 2025 has been entered.
Election/Restrictions
Applicant’s election without traverse of Group I and the species:
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in the reply filed on 25 February 2025 has been previously acknowledged.
According to MPEP 803.02, the examiner has previously determined whether the elected species is allowable. Applicants’ elected species appears allowable. As applicant has amended claim 1 to overcome the 35 USC 102(a)(1) rejection as being anticipated by US Patent No. 4,511,709, the examiner has now extended the search and examination according to MPEP 803.02 to the compound
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which is not allowable.
Claim 1 has been examined to the extent that it is readable on the elected embodiment, the elected species and the above mentioned compound.
Response to Amendment and Remarks
Applicant's amendment and remarks filed 29 December 2025 have been fully considered and entered into the instant application. Applicant’s amendment to delete the compound
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has overcome the 35 USC 102(a)(1) rejection as being anticipated by US Patent No. 4,511,709.
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 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.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sarkar et al. Journal of Applied Polymer Science, Vol. 105, 1793-1801 (2007).
Sarkar et al. discloses the compound H-DA on page 1796, Scheme 1:
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wherein R is H. This compound is:
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which corresponds to and anticipates the second listed compound of claim 1 which is formula
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. Therefore, claim 1 is anticipated.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REBECCA L ANDERSON whose telephone number is (571)272-0696. The examiner can normally be reached Monday-Friday from 6am-2pm.
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, Andrew 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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/REBECCA L ANDERSON/Primary Examiner, Art Unit 1626 ____________________ 7 January 2026
Rebecca Anderson
Primary Examiner
Art Unit 1626, Group 1620
Technology Center 1600
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