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 .
CONTINUING DATA
This application is a 371 of PCT/CN2023/072478 01/17/2023
FOREIGN APPLICATIONS
CHINA 202210049924.5 01/17/2022
Claims 1-6 and 8-10 are pending.
Claim Objections
Claim 2 does not end with a period.
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 1-6 and 8-10 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 1 recites peaks that are “allowed to vary within an error range.” The specification does not define “error range” and does not provide any examples of an error range. It is impossible to determine the metes and bounds of the claim without a definition of the error range. Claims 2-6 and 8-10 depend from claim 1 and incorporate the same limitation by reference.
Claims 3 and 5 recite “lower paraffin hydrocarbons.” “Lower” is a relative term. The specification states that lower paraffin hydrocarbons include but not limited to pentane, hexane, octane, nonane, decane, or the like, which is a range of 5-10 carbons. It is unclear which hydrocarbons meet the limitation “lower.”
Claim 5 recites “lower paraffin hydrocarbons, which may include but not limited to pentane, hexane, °octane, nonane, or decane or the like.” The limitation is indefinite because “lower” is not defined, nor is “or the like.” It is unclear which hydrocarbons are included and which ones are not.
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 3 recites the broad recitation “25°C to 120°C,” and the claim also recites “preferably 40°C to 60°C,” which is the narrower statement of the range/limitation.
Claim 3 recites the broad recitation “1 to 24 h,” followed by the narrower limitation “preferably 3 to 5 h.”
Claim 4 recites the broad recitation “2 to 72 h,” followed by the narrower limitation “preferably 20 to 60 h, more preferably 48 h.”
Claim 4 recites the broad limitation “120°C to 150°C,” followed by the narrower limitation “preferably 140°C to 145°C, more preferably 141°C.”
Claim 5 recites the broad limitation “40°C to 70°C,” followed by the narrower limitation “preferably 50°C.”
Claim 5 recites the broad recitation “1 to 4 h,” followed by the narrower limitation “preferably 60 to 70 minutes.”
Claim 5 recites the broad recitation “40°C to 80°C,” followed by the narrower limitation “preferably 50°C.”
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.
Conclusion
No claims are allowed.
The closest prior art is CN109893536 A (cited on IDS). US 20230151048A1 (Chang) is used as an English equivalent. Chang teaches the same compound 3 which is shown in the current claims. See page 5. Chang provides diffraction peaks on pages 5-6 which do not include the peaks recited in the current claims, and which are not within a reasonable error range. Chang also does not prepare the crystal in the same way as the current crystal was prepared. See paragraphs [0047]-[0048].
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/LAYLA D BERRY/Primary Examiner, Art Unit 1693
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