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 .
Election/Restrictions
Claims 1-5, 11-17, 22-26, 66 and 81 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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 27-29 and 33-40 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, from which the balance of the claims depend, recites wherein the organosiloxane compound comprises
(i) an organosiloxane backbone
(ii) at least one polyoxyalkylene chain
having a tethered end covalently attached to the organosiloxane backbone and
a free end opposite to the tethered end (of the polyoxyalkylene chain)
(iii)“a zwitterionic moiety covalently attached at the free end of the polyoxyalkylene chain”; and
(iv) at least one reactive end group.
However, the “free end of the polyoxyalkylene chain” is not a free end in the structure if it is covalently bonded to a zwitterionic group. This language represents an essential structural disconnect in the structure of the organosiloxane compound. This indefiniteness in the structure of the organosiloxane compound renders the claims indefinite. See MPEP § 2172.01.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 27-29 and 33-40 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Driver (US 2013/0120708).
In ¶ 8, Driver teaches reactive material with both a siloxane functionality and a zwitterionic functionality in the same molecule. In ¶’s 9-11, 14-17, 25, and 33-36, Driver teaches a zwitterionic side chain functionalized organosiloxane (compound of formula I wherein m and n are 1), comprising:
(i) an organosiloxane backbone (formula I wherein W is a siloxane group-containing component of any of formula IIIA-IIID (linear or branched organosiloxane backbone));
(ii) at least one polyoxyalkylene chain having a tethered end covalently attached to the polysiloxane backbone and a free end opposite to the tethered end (formula I wherein Y2 is -(CH2)q(OCH2CH2)r- wherein q is 2 and r is between 1 and 10 (polyoxyalkylene chain) that is covalently attached to siloxane group-containing component), W at one end (tethered end attached to polysiloxane backbone) and is attached to zwitterionic group Z at the other end (free end);
(iii) a zwitterionic moiety covalently attached at the free end of the polyoxyalkylene chain (formula I wherein Y2, which is -(CH2)q(OCH2CH2)r- wherein q is 2 and r is between 1 and 10 (polyoxyalkylene chain), is attached to zwitterionic group Z); and
(iv) at least one reactive end group (formula I wherein Y1 is C1-12 alkylene or -CH2)q(OCH2CH2)r- wherein q is 2 and r is between 1 and 10 (polyoxyalkylene chain) and X is a polymerizable group, such as vinyl (reactive end group)).
Driver further discloses wherein one or more of the polyoxyalkylene chain, the zwitterionic moiety, and the reactive end group are each covalently attached via a linker group which may be the same or different (formula I wherein m and n are 1, Y2 is -(CH2)q(OCH2CH2)r- wherein q is 2 and r is between 1 and 10 (polyoxyalkylene chain), Z is a zwitterionic group, W is a siloxane group-containing component, and Y1 (linker) is C1-12 alkylene).
Driver further discloses wherein the zwitterionic sidechain functionalized organosiloxane further comprises one or more additional polyoxyalkylene chains that do not have the zwitterionic moiety covalently attached (formula I wherein Y1 is -(CH2)q(OCH2CH2)r- wherein q is 2 and r is between 1 and 10).
The organosiloxane backbone attached to the polyoxyalkylene chain covalently bonded to the a zwitterionic group, with a reactive end group in the compound is represent by Formula IA in ¶ 68 of Driver.
Thus, the requirements for rejection under 35 U.S.C. 102(a)(1)/(a)(2) are met.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any rejection applied in the prior rejection of record for any teaching of matter specifically challenged in the argument.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELECHI CHIDI EGWIM whose telephone number is (571)272-1099. The examiner can normally be reached M-Th 9-7.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Jones can be reached on (571) 270-7733. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KELECHI C EGWIM/ Primary Examiner, Art Unit 1762
KCE