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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/09/2025 has been entered.
Claims 1-9 are pending and being examined.
Response to Amendment
The previous rejection is modified and maintained in light of the Applicant’s amendments and arguments.
Claim Rejections - 35 USC § 102/103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-9, is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2021/0348025 A1 to Shiota. (hereinafter Shiota).
Regarding claims 1-9, Shiota teaches a fluorinated ether composition comprising the compound (1) having the formula (1)
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, and compound (2) having the formula (2)
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, (para 10-23), and further containing a fluorinated oil (para 23). Shiota teaches also teaches a method of treating the surface of a substrate by coating the substrate with the said fluorinated ether composition. (para 10-23).
For formula (1)
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Shiota teaches:
A11 is a perfluoroalkyl group (para 40), with CF3- as a specific example, (para 47 and example compound (1-1), para 131), which meets the claimed Rf1 as CF3-;
(OX11)m11 contains two more types randomly ordered units and particularly preferable are (OCF2) and (OCF2CF2) (para 56-57), and wherein the portion of (OCF2CF2) (i.e. claimed unit e), to (OCF2) (i.e. claimed unit f), is preferably 0.2-5, (para 57), which meets the claimed e/f ratio cited in claims 1 and 3, and for formula (2), wherein m21 is 2-200, (OX12) is similar to the above (OX11) and m11 of compound 1 (para 75-83), and
Q13 is a single bond, (para 47); and
the
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portion of formula (1) is specifically
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(See compound (1-2), para 137-1380; and
which also meets the claimed e/f ratio cited in claims 1 and 3, claim 2 wherein c and d are 0.
Thus, the above formula (1) of Shiota meets the claimed formula (1) because one skilled in the art would at once envisage the claimed arrangement combination because, as shown above, Shiota specifically teaches an arrangement that meets the claimed formula (1) wherein CF3-(OCF2CF2)-(OCF2)-meets RF1, and
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meets the –(C=O)-NRSi2 portion of claimed formula (1), and also teaches the claimed e and f are at least 1, with the claimed e/f range, and wherein a, b, c and d are 0. (See MPEP 2131.02).
Shiota further teaches formula (1) is specifically compound (1-2)
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, wherein m5 is 21 and m6 is 20, and a MW of 4540, (para 137-138), which gives a specific example of the claimed e/f and correlates to an e/f of 0.95, which meets the claimed range.
Shiota also teaches formula (2) is specifically compound (2-2)
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wherein the above is obtained from Fluorolink D4000, where it is known in the art for m7 and m8 are in about 1:1 ratio, (i.e. m8 is about 22 and m7 is about 22), m7+m8 is 44, and a MW of 4755 (para 151 and 159), which correlates to an e/f of 1, which meets the claimed range.
Shiota further teaches the fluorinated oil is FOMBLIN M15, which has the formula (3-1)
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, wherein m9+m10 is 105, and a MW of 9700, (para 161-162).
Shiota also teaches a composition containing a total mol% ratio of compound 1 to compound 2 is 70 mol% of compound (1-2) and 30 mol% of compound (2-2), and the fluorinated oil (3-1) in an amount of 25 mass% of the composition (Table 1, example 16, para 163). Using the above amounts, this correlates to about 6.31 mols of fluorinated oil, 70 mols of compound (1-2), and 30 mols of compound (2-2), 106.31 total mols, and 28.2 mol% of compound (2), and 5.9 mol% of fluorine-containing oil based on the total of compound (1), compound (2) and fluorine-containing oil, and meets claim 8.
Response to Arguments
Applicant's arguments filed 09/09/2025 have been fully considered but they are not persuasive.
On page 8-9, the Applicant argues that Shiota does not teach the claimed fluoropolyether group-containing compound of formula (1), particularly RF1 is CF3-(OC6F12)a-(OC5F10)b-(C4F8)c-(OC3RFa6)d-(OC2F4)e-(OCF2)f-. This is not persuasive because, for the claimed RF1, when q=0, a=0, b=0, c=0, d=0, RF1 will have the formula CF3-(OC2F4)e-(OCF2)f-. As cited above, Shiota teaches that
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portion of the formula:
A11 is a perfluoroalkyl group (para 40), with CF3- as a specific example, (para 47 and example compound (1-1), para 131), which meets the claimed Rf1 as CF3-;
(OX11)m11 contains two more types randomly ordered units and particularly preferable are (OCF2) and (OCF2CF2) (para 56-57), and wherein the portion of (OCF2CF2) (i.e. claimed unit e), to (OCF2) (i.e. claimed unit f), is preferably 0.2-5, (para 57), which meets the claimed e/f ratio cited in claims 1 and 3,and
Q13 is a single bond, (para 47).
From the above teaching, this correlates
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to be the formula CF3-(OC2F4)0.2-5-(OCF2)0.2-5-, which meets RF1 formula CF3-(OC2F4)e-(OCF2)f-.
Thus, the above
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of Shiota meets the claimed RF1 because one skilled in the art would at once envisage the claimed arrangement combination because, as shown above, Shiota specifically teaches an arrangement of the formula CF3-(OC2F4)0.2-5-(OCF2)0.2-5- that meets the claimed RF1 formula, when q=0, a=0, b=0, c=0, d=0, of CF3-(OC2F4)e-(OCF2)f- and also teaches the claimed e and f are at least 1, with the claimed e/f range. (See MPEP 2131.02).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HA S NGUYEN whose telephone number is (571)270-7395. The examiner can normally be reached Mon-Fri, Flex schedule 7:30am-3:45pm.
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/HA S NGUYEN/Primary Examiner, Art Unit 1766