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 .
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.
Claims 1,6,7,9 and 14 rejected under 35 U.S.C. 102(a)(1) as being anticipated by the Tesfaye thesis.
Tesfaye (page 31) polymerizes a BODA of “X” being -O- and “R” being phenyl with a MODA.
Claims 4 and 5 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Tesfaye does not suggest alkyls as applicant’s “R”.
Babb does not suggest the MODA having aryl or phenyl as Y and Y’.
Applicant's arguments filed 6/18/26 have been fully considered but they are not persuasive.
Applicant argues the Tesfaye thesis no longer qualifies as prior art in view of the Rule 130 declaration.
The declaration (item 4) states Tesfaye is a co-inventor. This is contradicted by the removal of Tesfaye as an inventor in the Rule 48 correction of inventorship of 11/27/22.
It is not clear what applicant’s item 5’s and 6’s “inventors” and “inventor” are referring to. The list of inventors found in the current oath? The list of inventors of the current oath and Tesfaye as indicated in the Rule 130 declaration itself?
If Tesfaye is an inventor of the subject matter, then Tesfaye didn’t obtain the information from the inventors as stated in item 7.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J BUTTNER whose telephone number is (571)272-1084. The examiner can normally be reached M-F 9-3pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Kelley can be reached at 571-270-1831. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID J BUTTNER/Primary Examiner, Art Unit 1765 7/13/26
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