CTNF 18/684,201 CTNF 85085 DETAILED ACTION 07-03-aia AIA 15-10-aia 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 2. This application is a 371 of App. PCT/EP2022/072907, filed on 08/17/2022, which is entitled to and claims the benefit of priority of EP Patent App. No. 21192297.6, filed 08/20/2021. The preliminary amendment filed on 02/16/2024 is entered and acknowledged by the Examiner. 3. Claims 12-21 are pending. Claims 12-21 are under examination on the merits. Claims 1-11 are cancelled. Information Disclosure Statement 4. The information disclosure statements submitted on 03/04/2024, and 04/08/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the examiner has considered the information disclosure statements. Priority 02-26 AIA 5. Receipt is acknowledged of papers submitted on 02/16/2024 under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Claim Objections 07-29-01 AIA 6. Claim s 15, 19 are objected to because of the following informalities: It is suggested that “in a total amount in the range of ≥ 0.01 wt.% to ≤ 70.0 wt.%" be deleted and "in a total amount in the range of greater or equal to 0.01 wt.% to less or equal to 70.0 wt.%, " be inserted in its stead so as to engender claim language clarity . Appropriate correction is required. Claim Rejections - 35 USC § 112 07-30-02 AIA 7. 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. 8. Claims 14-17 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 pre-AIA the applicant regards as the invention. Claim 14 recites the limitation "according to claim 12 to a composition" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claims 15-17 being depended on claim 14 are rejected as well. For the purpose of examination against the prior art, claim 14 is construed to recite “according to claim 12 to the composition" 07-34-05 AIA 9. Claim 15 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 pre-AIA the applicant regards as the invention. Claim 15 recites the limitation " wherein compound of formula (I) are " in line 1 . There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination against the prior art, claim 15 is construed to recite “wherein the at least one compound of formula (I) is" 10. Claim 16 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 pre-AIA the applicant regards as the invention. Claim 16, recites “wherein the composition is selected from perfume compositions,…,or crop protection compositions”, wherein the improper phrasing of the Markush group renders the claim indefinite because it is unclear which members of the group are part of the claimed invention. Markush groups must be stated in the alternative, of which one acceptable form is “…selected from the group consisting of A, B and C.” See MPEP § 2173.05(h). 11. Claim 17 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 pre-AIA the applicant regards as the invention. Claim 17, recites “wherein the aroma impression is selected from an animalic note,…,or any combination of two or more of these”, wherein the improper phrasing of the Markush group renders the claim indefinite because it is unclear which members of the group are part of the claimed invention. Markush groups must be stated in the alternative, of which one acceptable form is “…selected from the group consisting of A, B and C.” See MPEP § 2173.05(h). 12. Claim 20 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 pre-AIA the applicant regards as the invention. Claim 20, recites “wherein the at least one non-aroma chemical carrier (ii) is selected from surfactants,…, or solvents”, wherein the improper phrasing of the Markush group renders the claim indefinite because it is unclear which members of the group are part of the claimed invention. Markush groups must be stated in the alternative, of which one acceptable form is “…selected from the group consisting of A, B and C.” See MPEP § 2173.05(h). 13. Claim 21 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 pre-AIA the applicant regards as the invention. Claim 21, recites “wherein the composition is selected from perfume compositions,…,or crop protection compositions”, wherein the improper phrasing of the Markush group renders the claim indefinite because it is unclear which members of the group are part of the claimed invention. Markush groups must be stated in the alternative, of which one acceptable form is “…selected from the group consisting of A, B and C.” See MPEP § 2173.05(h). Allowable Subject Matter 12-151-07 AIA 07-97 12-51-07 14. Claim s 12-13,18 are allowed. 15. The following is an examiner’s statement of reasons for allowance: The most pertinent prior art known by the Examiner is in the attached form PTO-892. Chandrasekaran et al. (US Pub. No. 2021/0395639 A1, hereinafter, ‘639”) , and Emile H. Eschinasi (DE 1923223 A1, hereinafter, ‘’223”) are considered to be the closest prior arts. ‘639 teaches the synthesis and use of the compound 2-ethyl-5,5-dimethyl-cyclohexanol , which can impart, modify and/or enhance one or more odors selected from the group consisting of minty, fresh tobacco leaf, cresol, horse and animalistic, mixtures comprising 2-ethyl-5,5-dimethyl-cyclohexanol, and a new method for producing the same, a fragrance composition comprising 2-ethyl-5,5-dimethyl-cyclohexanol, the use of 2-ethyl-5,5-dimethyl-cyclohexanol as a fragrance, particularly for imparting, modifying and/or enhancing one or more odors selected from the group consisting of minty, fresh tobacco leaf, cresol, horse and animalistic, a perfumed product comprising 2-ethyl-5,5-dimethyl-cyclohexanol, a method for perfuming such a product and a method for modifying an olfactory impression. ‘223 teaches the fragrance substance 1-(3,3-dimethylcyclohexyl)-ethyl acetate as fragrance substance with a strong musk-angelica character with woody note. None of the above documents teaches individually or in combination or suggest the recited compound 1-(4-tert.-butylcyclohexyl)propyl acetate , nor would have been obvious to a person skilled in the art. The compound is for use as aroma ingredient and is characterized by olfactory impressions which impart animalic, musty, amber, powdery, dry, cedarwood, warm fragrance notes. Therefore, the instant claims are distinguished over the prior art. Prior art of record, taken alone or in combination, do not teach or fairly suggest the claimed compound of formula (I) or its salts or stereoisomer thereof. PNG media_image1.png 246 194 media_image1.png Greyscale The embodiment provides a compound of formula (I) and its use as aroma ingredient. The compound of formula (I) is used to impart an aroma impression which is reminiscent of an animalic note, musty note, powdery note, woody note and/or warm note. It is also used for enhancing and/or modifying the aroma of a composition. The embodiment further directed to a composition comprising compound of formula (I) and (i) at least one aroma chemical different from compound of formula (I) or (ii) at least one non-aroma chemical carrier, or (iii) both (i) and (ii). Accordingly, the presently claimed invention as defined by claims 12-13,18 is patentable with respect to prior art of record. Examiner Information 16. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bijan Ahvazi, Ph.D. whose telephone number is (571) 270-3449. The examiner can normally be reached on Mon-Fri 9.00 A.M. -7 P.M.. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached on 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Bijan Ahvazi/ Primary Examiner, Art Unit 1763 05/19/2026 bijan.ahvazi@uspto.gov Application/Control Number: 18/684,201 Page 2 Art Unit: 1763 Application/Control Number: 18/684,201 Page 3 Art Unit: 1763 Application/Control Number: 18/684,201 Page 4 Art Unit: 1763
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