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 .
Priority
This application was filed 08/18/2024 which is a CON of PCT/CN2023/078485 (02/27/2023) which claims foreign priority to CN 202210181997.X (02/57/2022). Claims 1-7 are before the Examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3-5 and 7 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for compounds where R1 is alkyl and halogen and R2 is CF3, halogen and alkyl, does not reasonably provide enablement for compounds where either of R1 or R2 is CN NO2, COOH or SO2H or any other electron withdrawing group or phenyl, SH, or NH2 or any other alkyl electron donating group. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make or use the invention commensurate in scope with these claims. The examples of compounds made have R1 and R2 being CF3, halogen, C(CH3)3 and methyl. The specification does not define what is a member of an electron-withdrawing group or electron-donating group. The only definition comes from the six examples of compounds that have been made. The specification does not teach towards any member of an electron withdrawing or electron donating group other than the ones specifically made in the six examples. Due to this, the specification does not enable the R1 or R2 groups other than CF3, halogen or alkyl. It is suggested that the claims be amended such that R1 and R2 are limited to being alkyl, halogen and CF3.
Claim Objections
Claims 2 and 6 are objected to because of the following informalities: These claims depend from a rejected base claim but would be allowable if rewritten in independent form with all of the intervening limitations. Appropriate correction is required.
Allowable Subject Matter
The closest art is CN 114634506, CN114634501 and CN 114634500 which all teach similar compounds. However, none of these publications are prior art to the instant application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to D MARGARET M SEAMAN whose telephone number is (571)272-0694. The examiner can normally be reached M-F 8am-4pm Eastern.
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/D MARGARET M SEAMAN/Primary Examiner, Art Unit 1625
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