DETAILED ACTION
1. Claims 1-2, 4-6, 8-9, 13, 19, 22, 26, 32-33, 36, 39, 45, 47, 54-56, 58, 60, 63-64, 68-71 are pending in the instant application.
2. The rejection of claims 1-2, 4-6, 8-9, 13, 19, 22, 26, 32-33, 36, 39, 45, 47, 54-56, 58, 60, 63-64, 68-71 under obvious type double patenting is maintained for reason of record.
Applicants add a solvent and in the presence of FeCl3 and a secondary amine organocatalyst to overcome the rejection.
It is examiner’s position that Merely modifying the process conditions such as catalyst and concentration is not a patentable modification absent a showing of unexpected results. In re Aller, 220 F.2d 454, 105 USPQ 233 (CCPA 1955). As such, even though the weight percent of the organic solvent in Example 2 is 15.8% (it states 1200 mL of methanol and 400 mL of water), it would have been obvious for Applicants to slightly change the weight percent of the solvent of the reference and arrive at the instant invention. Changing one catalyst to another is obvious to the skill in art.
THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicants are reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for replying to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
3. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Niloofar Rahmani whose telephone number is 571-272-4329. The examiner can normally be reached on Monday through Friday from 8:30 am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Renee Claytor, can be reached on 571-272-8394. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306.
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).
/NILOOFAR RAHMANI/ Primary Examiner, Art Unit 1691 10/01/2026
Prosecution Insights