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 .
Information Disclosure Statement
Receipt is acknowledged of the Information Disclosure Statement filed 15 March 2024. The Examiner has considered the reference cited therein to the extent that each is a proper citation. Please see the attached USPTO Form.
Claim Objections
Claim 7 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 6. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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 6, 7, 9, 11, 15-16, and 18-20 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claims 6-7 recites the broad recitation 5:1 to 1000:1, and the claim also recites 10:1 to 1000:1, or20:1 to 1000:1, 25:1 to 1000:1, or50:1 to 1000:1, or 75:1 to 1000:1, or 100:1 to 1000:1, or 200:1 to 1000:1, or 250:1 to 1000:1, or 500:1 to 1000:1 or 750:1 to 1000:1, or 5:1 to 500:1, or 10:1 to 500:1, or 20:1 to 500:1, 25:1 to 500:1, or 50:1 to 500:1, or 75:1 to 500:1, or 100:1 to 500:1, or 200:1 to 500:1, or 250:1 to 500:1, or 5:1 to 250:1, or 10:1 to 250:1, or 20:1 to 250:1, 25:1 to 250:1, or 50:1 to 250:1, or 75:1 to 250:1, or 100:1 to 250:1, or 200:1 to 250:1, or 5:1 to 100:1, or 10:1 to 100:1, or 20:1 to 100:1, 25:1 to 100:1, or 50:1 to 100:1, or 75:1 to 100:1, or 5:1 to 50:1, or 10:1 to 50:1, or 20:1to50:1, or 25:1to50:1, or 5:1 to 25:1, or 10:1 to 25:1, or 15:1 to 25:1, or20:1to 25:1, or 5:1 to 10:1, or 5:1 to 7.5:1, or about 5:1, or about 10:1, or about 15:1, or about 25:1, or about 30:1, or about 35:1, or about 40:1, or about 45:1 or about 50:1, or about 60:1, or about 70:1 or about 75:1, or about 85:1, or about 100:1, or about 125:1, or about 150:1, or about 200:1, or about 250:1, or about 500:1, or about 750:1, or about 1000:1. which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 9 recites the broad recitation 0.1 to 20% , and the claim also recites 0.1 to 15%, or 0.1 to 10%, or 0.1 to 7.5%, or 0.1 to 5%, or 0.1 to 4%, or 0.1 to 3%, or 0.1 to 2%, or 0.1 to 1%, or 0.1 to 0.8%, or 0.1 to 0.6%, or 0.1 to 0.5%, or 0.1 to 0.4%, or 0.1 to 0.3%, or 0.1 to 0.2%, or 0.1 to 0.15%, or 0.5% to 15%, or 0.5% to 10%, or 0.5 to 7.5%, or 0.5 to 5%, or 0.5 to 4%, or 0.5 to 3%, or 0.5 to 2%, or 0.5 to 1%, or 0.5 to 0.8%, or 0.5 to 0.6%, or 1 to 15%, or 1to 10%, or 1 to 7.5%, or 1 to 5%, or 1 to 4%, or 1 to 3%, or 1 to 2%, or 1 to 1.5%, or 2 to 15%, or 2 to 10%, or 2 to 7.5%, or 2 to 5%, or 2 to 4%, or 2 to 3%, or 2 to 2.5%, or 3 to 15%, or3 to 10%, or3to 7.5%, or3to 5%, or5 to 15%, or5 to 10%, or 5 to 7.5%, or 7.5% to 15%, or 7.5% to 10%, or 10 to 15% which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 11 recites the broad recitation 1 to 99%, and the claim also recites 10 to 99%, or 15 to 99%, or 20 to 99%, or 25 to 99%, or 30 to 99%, or 35 to 99%, or 40 to 99%, or 45 to 99%, or 50 to 99%, or 60 to 99%, or 70 to 99%, or 80 to 99%, or 90 to 99%, or 95 to 99%, or 98 to 99% which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
With regard to claims 15-16, and 18-20, the phrase "i.e." and “e.g.” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Allowable Subject Matter
Claims 1-5, 8, 10, 12-14, and 17 are allowed.
Reasons for Allowance
The following is a statement of reasons for the indication of allowable subject matter:
With regard to claims 1-5, 8, 10, 12-14, and 17, the subject matter which is considered to distinguish from the closest prior art of record, Foley et al. (US-2018346844-A1, located in the Information Disclosure Statement). The prior art of record generically disclose a hydroxymelonal core structure with different substituent groups, it fails to teach or suggest the specifically recited compound hydroxymelonal formate of Claim 1 with the requisite degree of specificity required to establish a prima facie case of anticipation or obviousness.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Aja A Walker whose telephone number is (571)272-0037. The examiner can normally be reached Monday - Friday 7-5.
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/A.A.W./Examiner, Art Unit 1761
/ANGELA C BROWN-PETTIGREW/Supervisory Patent Examiner, Art Unit 1761
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