7Notice 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 .
The response of the applicant has been read and given careful consideration. Rejection of the previous action not repeated below are withdrawn based upon the amendment to the claims. Responses to the arguments of the applicant are presented after the first rejection they are directed to.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1,3-15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Yuta et al. JP 2017014213, in view of Miki et al. 20110092612 and Lane et al. 20200355997.
Yuta et al. JP 2017014213 (cited by applicant)
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(page 11)
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page 41
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page 43,
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page 44.These are bounded by formula (1),
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where Wherein, R .sup.1 represents a hydrogen atom or a methyl group, R .sup.2 represents an aromatic ring which may have a substituent, and X .sup.1 and X .sup.2 are each independently oxygen, sulfur, or a nitrogen atom which may be substituted, A .sup.1 and A .sup.2 each independently represent a divalent group, and m and n each independently represent an integer of 0 or 1. ]
1-1. R .sup.1 for R .sup.1 in the formula (1) represents a hydrogen atom or a methyl group, a hydrogen atom, preferably for more polymerizable highly compound.
1-2. Equation (1) R .sup.2 in may have a condensed ring as also aromatic ring having a substituent R .sup.2, large aromatic hydrocarbon ring, aromatic heterocyclic ring, the aralkyl group Can be separated. Aromatic hydrocarbon rings include benzene, naphthalene, anthracene, phenanthrene, perylene, tetracene, pyrene, benzpyrene, chrysene, biphenylene, triphenylene, acenaphthene, fluoranthene, fluorene, etc. The group of is mentioned. As aromatic heterocycles, furan ring, benzofuran ring, dibenzofuran ring, thiophene ring, benzothiophene ring, dibenzothiophene ring, naphthothiophene ring, dinaphthothiophene ring, pyrrole ring, indole ring, carbazole ring, pyridine ring, quinoline ring , Aromatic heterocycles containing one heteroatom such as isoquinoline ring; heteroatoms such as imidazole ring, triazole ring, tetrazole ring, oxazole ring, thiazole ring, pyridazine ring, pyrimidine ring, pyrazine ring, triazine ring, thiadiazole ring Aromatic heterocycles containing two or more of: benzoxazole ring, thienoxazole ring, thiazolooxazole ring, oxazolooxazole ring, oxazoloimidazole ring, oxazolopyridine ring, oxazolopyridazine ring, oxazolopyrimidine ring, ox Zolopyrazine ring, naphthoxazole ring, quinolinoxazole ring, dioxazolopyrazine ring, phenoxazine ring, benzothiazole ring, furothiazole ring, thienothiazole ring, thiazolothiazole ring, thiazoloimidazole ring, thienothiadiazole ring, thiazolo Aromatic heterocycles containing two or more heteroatoms such as thiadiazole, thiazolopyridine, thiazolopyridazine, thiazolopyrimidine, thiazolopyrazine, naphthothiazole, quinolinothiazole, and phenothiazine And a ring in which two or three rings are fused. These ring structures may be connected to a sulfur atom at an arbitrary position, and may have an arbitrary substituent. Examples of the aralkyl group include a benzyl group, a 2-phenylethyl group, a naphthylmethyl group, a furylmethyl group, a thienylmethyl group, a benzothienylmethyl group, and the like, and may have an arbitrary substituent. Among these aromatic rings that may have a substituent, an aromatic hydrocarbon ring is preferable, and a naphthalene ring, anthracene ring, and fluorene ring are more preferable from the viewpoint of achieving both a low water absorption and a high refractive index. On the other hand, from the viewpoint of obtaining a compound having a high refractive index, a condensed aromatic ring or an aromatic heterocyclic ring is preferable, and a ring in which two or three rings including an aromatic heterocyclic ring containing two or more heteroatoms are condensed is more preferable. Among them, benzothiazole ring, furothiazole ring, thienothiazole ring, thiazothiazole ring, thiazoloimidazole ring, thienothiadiazole ring, as an aromatic heterocyclic ring containing at least one sulfur atom and one nitrogen atom in the same ring, Thiazolothiadiazole ring, thiazolopyridine ring, thiazolopyridazine ring, thiazolopyrimidine ring, thiazolopyrazine ring, naphthothiazole ring, and quinolinothiazole ring are preferable. This is because the refractive index can be increased by introducing sulfur atoms while reducing the substituents that cause the refractive index to decrease by introducing nitrogen atoms. More preferred is a benzothiazole ring. This is because the benzothiazole ring has a low crystallinity due to the asymmetric structure, and once dissolved, it is solidified and hardly becomes cloudy, and is easily available industrially. R .sup.2 may have a substituent. Examples of the substituent which R .sup.2 may have include, for example, a halogen atom such as chlorine, bromine and iodine, an alkyl group having 1 to 8 carbon atoms, an alkenyl group having 2 to 8 carbon atoms, and an alkoxyl having 1 to 8 carbon atoms. Group, phenyl group, mesityl group, tolyl group, naphthyl group, Cyano group, acetyloxy group, alkylcarbonyloxy group having 2 to 9 carbon atoms, alkoxycarbonyl group having 2 to 9 carbon atoms, sulfamoyl group, alkylsulfamoyl group having 2 to 9 carbon atoms, alkyl having 2 to 9 carbon atoms A carbonyl group, a phenethyl group, a hydroxyethyl group, an acetylamide group, a dialkylaminoethyl group formed by bonding an alkyl group having 1 to 4 carbon atoms, a trifluoromethyl group, an alkylthio group having 1 to 8 carbon atoms, or a nitro group. . Among them, preferably an alkyl group having 1 to 8 carbon atoms, an alkoxyl group having 1 to 8 carbon atoms, a cyano group, an acetyloxy group, an alkyl carboxyl group having 2 to 8 carbon atoms, a sulfamoyl group, and an alkyl group having 2 to 9 carbon atoms. Famoyl group, nitro group. Specific examples of the aromatic ring having a substituent include an aromatic hydrocarbon ring having a substituent such as a biphenyl group, a benzylphenyl group, a phenoxyphenyl group, a binaphthyl group, and a methylthionaphthyl group; a methoxycarbonylfuryl group, a methylthiothiophene group , Nitrocarbazole group, methylbenzoxazole group, methylbenzothiazole group, methoxybenzothiazole group, chlorobenzothiazole group, etc., substituted aromatic heterocycle; biphenylmethyl group, naphthylthioethyl group, fluorenylmethyl group And an aralkyl group having a substituent.
1-3. X .sup.1 and X .sup.2 in Formula (1) X .sup.1 and X .sup.2 each independently represent oxygen, sulfur, or a nitrogen atom that may have a substituent. X .sup.1 is preferably an oxygen atom or a sulfur atom from the viewpoint of facilitating synthesis and lowering the viscosity, and more preferably an oxygen atom that becomes a compound that can be produced from relatively inexpensive pentaerythritol tribromide. X .sup.2 is preferably an oxygen atom or a sulfur atom from the viewpoint of keeping the water absorption low, and more preferably a sulfur atom giving a high refractive index. The group that may be substituted with a nitrogen atom is not particularly limited, but preferably an alkyl group having 1 to 8 carbon atoms such as a methyl group or an ethyl group, or an aromatic hydrocarbon group such as a phenyl group or a naphthyl group.
1-4. A .sup.1 and A .sup.2 in Formula (1) A .sup.1 and A .sup.2 each independently represent a divalent group. Here, the divalent group is a divalent organic group which may be branched, preferably a divalent organic group having 1 to 8 carbon atoms which may be branched, more preferably. , Ethylidene group, propylidene group, methylene group, ethylene group, propylene group, 2-hydroxypropylene group, oxopropylene group, oxobutylene group, 3-oxapentylene group, cyclohexylene group, phenylene group, xylylene group, Preferred are a methylene group, an ethylene group, a propylene group and a 2-hydroxypropylene group. When A .sup.1 and A .sup.2 have 8 or less carbon atoms, the refractive index does not decrease, the molecular weight is small, the viscosity decreases, and the workability improves. A .sup.1 and A .sup.2 may have a substituent. Examples of the substituent that A .sup.1 and A .sup.2 may have include, for example, a halogen atom such as chlorine, bromine and iodine, a hydroxyl group, a mercapto group, an alkyl group having 1 to 8 carbon atoms, and an alkenyl group having 2 to 8 carbon atoms. An alkoxyl group having 1 to 8 carbon atoms, phenyl group, mesityl group, tolyl group, naphthyl group, cyano group, acetyloxy group, alkylcarbonyloxy group having 2 to 9 carbon atoms, alkoxycarbonyl group having 2 to 9 carbon atoms, Dialkyl formed by bonding a sulfamoyl group, an alkylsulfamoyl group having 2 to 9 carbon atoms, an alkylcarbonyl group having 2 to 9 carbon atoms, a phenethyl group, a hydroxyethyl group, an acetylamide group, and an alkyl group having 1 to 4 carbon atoms. Examples thereof include an aminoethyl group, a trifluoromethyl group, an alkylthio group having 1 to 8 carbon atoms, and a nitro group. Among them, preferably an alkyl group having 1 to 8 carbon atoms, an alkoxyl group having 1 to 8 carbon atoms, a cyano group, an acetyloxy group, an alkyl carboxyl group having 2 to 8 carbon atoms, a sulfamoyl group, and an alkyl group having 2 to 9 carbon atoms. Famoyl group, nitro group. M and n in Formula (1) Each of m and n independently represents an integer of 0 or 1. When m and n are 2 or more, the refractive index may be lowered, and the molecular weight is increased, so that the viscosity is increased and the workability is lowered. Therefore, preferably m = 0 or 1, n = 0, and more preferably m = 0, n = 0. By making m and n 0 and having a compact structure without a connecting structure, the aromatic ring density can be increased and the refractive index can be further increased. When an asymmetric structure in which m is 1 and n is 0, the melting point and viscosity of the compound can be lowered, so that the processability can be improved [0014-0024]. Example 5 forms a holographic recording composition by combining monomer M-1, a phosphine oxide photoinitiator, hexamethylene diisocyanate (matrix precursor), catalyst, polyoxypropylene glycol (MW 1000), which is provided between two substrates heated to cure the matrix and then recorded using the 405 nm laser and the diffraction efficiency measured 18.4 M/# [0204,0203-0218]
The hologram recording medium thus manufactured can take the form of a self-supporting slab or a disk, and can be used for a three-dimensional image display device, a diffractive optical element, a large-capacity memory, and the like [0173]. The present invention relates to a (meth) acrylate compound, an optical composition, a molded article, and an optical element, and more particularly to a (meth) acrylate compound having specific optical characteristics, an optical composition using the same, a molded article, and an optical element.[0001]. Optical materials and optical components The compounds, polymerizable compositions, and polymers of the present invention have performances such as high refractive index, easy processability, and low shrinkage, and therefore can be applied to various optical materials and optical components. . Examples of the optical material include an optical overcoat, a hard coat agent, an optical member adhesive, an optical fiber resin, and an acrylic resin modifier. Examples of optical components include lenses, filters, diffraction gratings, prisms, light guides, cover glass for display devices, photo sensors, photo switches, LEDs, light emitting elements, optical waveguides, optical splitters, optical fiber adhesives, Examples include a display element substrate, a color filter substrate, a touch panel substrate, a polarizing plate, a display backlight, a light guide plate, an antireflection film, a viewing angle widening film, optical recording, optical modeling, and optical relief printing. Moreover, it can also be used as these layers. For example, a display protective film etc. can be mentioned [0092]
Miki et al. 20110092612 teaches as specific examples thereof include aromatic hydrocarbon rings having from 8 to 18 carbon atoms, and preferably from 8 to 12 carbon atoms, such as a benzofuran ring, a benzothiophene ring, a dibenzofuran ring, a dibenzothiophene ring, a thianthrene ring, a dibenzothioxane ring, a benzothiophene ring, etc. Of these, a dibenzothiophene ring and a thianthrene ring are preferable from the standpoints of compatibility and coloration [0066]. Of these, from the standpoint of refractive index, thianthrene, dibenzothiophene and benzothiophene are preferable, and thianthrene and dibenzothiophene are more preferable [0092]. Exemplified monomer include 2-(1-thianthrenyl)-1-phenyl acrylate, 2-(2-benzothiophenyl)-1-phenyl acrylate, 2-(3-benzothiophenyl)-1-phenyl acrylate, 2-(4-dibenzofuranyl)-1-phenyl acrylate, 2-(4-dibenzothiophenyl)-1-phenyl acrylate, 3-(1-thianthenyl)-1-phenyl acrylate, 3-(2-benzothiophenyl)-1-phenyl acrylate, 3-(3-benzothiophenyl)-1-phenyl acrylate, 3-(4-dibenzofuranyl)-1-phenyl acrylate, 3-(4-dibenzothiophenyl)-1-phenyl acrylate, 4-(1-thiantherenyl)-1-phenyl acrylate, 4-(2-benzothiophenyl)-1-phenyl acrylate, 4-(3-benzothiophenyl)-1-phenyl acrylate, 4-(4-dibenzofuranyl)-1-phenyl acrylate, 4-(4-dibenzothiophenyl)-1-phenyl acrylate, 2,4-bis(1-thianthrenyl)-1-phenyl acrylate, 2,4-bis(2-benzothiophenyl)-1-phenyl acrylate, 2,4-bis(3-benzothiophenyl)-1-phenyl acrylate, 2,4-bis(4-dibenzofuranyl)-1-phenyl acrylate, 2,4-bis(4-dibenzothiophenyl)-1-phenyl acrylate, 4-methyl-2,6-bis(1-thiathrenyl)-1-phenyl acrylate, 4-methyl-2,6-bis(2-benzothiophenyl)-1-phenyl acrylate, 4-methyl-2,6-bis(3-benzothiophenyl)-1-phenyl acrylate, 4-methyl-2,6-bis(4-dibenzofuranyl)-1phenyl acrylate, 4-methyl-2,6-bis(4-dibenzothiophenyl)-1-phenyl acrylate, 2-(1-thianthrenyl)-1-phenyl methacrylate, 2-(2-benzothiophenyl)-1-phenyl methacrylate, 2-(3-benzothiophenyl)-1-phenyl methacrylate, 2-(4-dibenzofuranyl)-1-phenyl methacrylate, 2-(4-dibenzothiophenyl)-1-phenyl methacrylate, 3-(1-thianthrenyl)-1-phenyl methacrylate, 3-(2-benzothiophenyl)-1-phenyl methacrylate, 3-(3-benzothiophenyl)-1-phenyl methacrylate, 3-(4-dibenzofuranyl)-1-phenyl methacrylate, 3-(4-dibenzothiophenyl)-1-phenyl methacrylate, 4-(1-thianthrenyl)-1-phenyl methacrylate, 4-(2-benzothiophenyl)-1-phenyl methacrylate, 4-(3-benzothiophenyl)-1-phenyl methacrylate, 4-(4-dibenzofuranyl)-1-phenyl methacrylate, 4-(4-dibenzothiophenyl)-1-phenyl methacrylate, 2,4-bis(1-thianthrenyl)-1-phenyl methacrylate, 2,4-bis(2-benzothiophenyl)-1-phenyl methacrylate, 2,4-bis(3-benzothiophenyl)-1-phenyl methacrylate, 2,4-bis(4-dibenzofuranyl)-1-phenyl methacrylate, 2,4-bis(4-dibenzothiophenyl)-1-phenyl methacrylate, 4-methyl-2,6-bis(1-thiathrenyl)-1-phenyl methacrylate, 4-methyl-2,6-bis(2-benzothiophenyl)-1-phenyl methacrylate, 4-methyl-2,6-bis(3-benzothiophenyl)-1-phenyl methacrylate, 4-methyl-2,6-bis(4-dibenzofuranyl)-1-phenyl methacrylate, 4-methyl-2,6-bis(4-dibenzothiophenyl)-1-phenyl methacrylate, and so forth [0124]
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Lane et al. 20200355997 teaches thianthrene containing monomers and their use in holographic compositions ([0009-0018] and throughout). Useful linking groups include —C.sub.1-10 alkyl-, —O—C.sub.1-10 alkyl-, —C.sub.1-10 alkenyl-, —O—C.sub.1-10 alkenyl-, —C.sub.1-10 cycloalkenyl-, —O—C.sub.1-10 cycloalkenyl-, —C.sub.1-10 alkynyl-, —O—C.sub.1-10 alkynyl-, —C.sub.1-10 aryl-, —O—C.sub.1-10 aryl-, —O—, —S—, —C(O)—, —C(O)O—, —OC(O)—, —OC(O)O—, —C(O)S—, —SC(O)—, —N(R.sup.b)—, —C(O)N(R.sup.b)—, —N(R.sup.b)C(O)—, —OC(O)N(R.sup.b)—, —N(R.sup.b)C(O)O—, —N(R.sup.b)C(O)N(R.sup.b)—, —N(R.sup.b)C(NR.sup.b)N(R.sup.b)—, —N(R.sup.b)S(O).sub.w—, —S(O).sub.wN(R.sup.b)—, —S(O).sub.wO—, —OS(O).sub.w—, —OS(O).sub.wO—, —O(O)P(OR.sup.b)O—, (O)P(O—).sub.3, —O(S)P(OR.sup.b)O—, and (S)P(O—).sub.3, wherein w is 1 or 2, and R.sup.b is independently hydrogen, optionally substituted alkyl, or optionally substituted aryl [0009]
The combination of Yuta et al. JP 2017014213 and Miki et al. 20110092612 does not teach (thio)carbamate, (thio)urea or (thio)urethane linkages.
In the response of 12/31/2025, the applicant argues that the compound fifer in their skeletons, particularly the presence of a quaternary carbon in the skeleton of Yuta et al. JP 2017014213, but not present in Miki et al. 20110092612. The examiner response that the linkages are recognized as equivalent within the art and what they connect is not relevant to their function as linkages. The examiner has reviewed Yuta et al. JP 2017014213 and finds a teaching toward the benzothiazole ring , due to its asymmetry which reduces its tendency to crystallize at [0019]. This undercuts the examiner’s position. The benefit argued relative to the comparative monomer is only realized in a holographic composition where there is a binder/matrix which inhibits the movement of the monomer. The small differences in the refractive indices are not unexpected for compounds with slightly different chemical structures and the transmittance of the of examples 1 and 2 and comparative example 1 are the same. The benefit of the increased refractive index modulation is not appreciated in the prior art (0.0123 vs 0.0175), but is a showing limited to holographic composition including a matrix/binder used in the holographic composition of the examples (specification at [0333,0336]). The claims rejected under this heading do not require the claimed monomer be present in a holographic composition including a binder/matrix. The argued benefit is not commensurate in scope with the coverage sought.
With respect to claims 1,3-5, 17 and 19, it would have been obvious to one skilled in the art to modify the monomer M-2
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on page 45 of
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by adding a divalent C1-8 alkyl linking group A1, such as those disclosed at [0022-0024] of Yuta et al. JP 2017014213 and adding a urethane (—OC(O)N(R.sup.b)—, —N(R.sup.b)C(O)O—) or carbonate (which is a combination of ether and ester linkages) based upon the equivalence taught at [0009] of Lane et al. 20200355997 with a reasonable expectation of forming a useful monomer.
With respect to claims 1,3-5, 9-15, 17 and 19, it would have been obvious to one skilled in the art to modify the monomer M-2
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on page 45 of
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by adding a divalent C1-8 alkyl linking group A1, such as those disclosed at [0022-0024] of Yuta et al. JP 2017014213 and adding a urethane (—OC(O)N(R.sup.b)—, —N(R.sup.b)C(O)O—) or carbonate (which is a combination of ether and ester linkages) based upon the equivalence taught at [0009] of Lane et al. 20200355997 and combine the resulting monomer with a photoinitiator as taught in Yuta et al. JP 2017014213 and record a holograms in it based upon the direction in Yuta et al. JP 2017014213 with a reasonable expectation of success in forming as useful hologram.
With respect to claims 1,3-5, 9-15, 17 and 19, it would have been obvious to one skilled in the art to modify the monomer M-2
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on page 45 of
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by adding a divalent C1-8 alkyl linking group A1, such as those disclosed at [0022-0024] of Yuta et al. JP 2017014213 and adding a urethane (—OC(O)N(R.sup.b)—, —N(R.sup.b)C(O)O—) or carbonate (which is a combination of ether and ester linkages) based upon the equivalence taught at [0009] of Lane et al. 20200355997, to replace the dibenzothiophenyl groups with thianthrenyl based upon the equivalence in Miki et al. 20110092612 and combine the resulting monomer with a photoinitiator as taught in Yuta et al. JP 2017014213 and record a holograms in it based upon the direction in Yuta et al. JP 2017014213 with a reasonable expectation of success in forming as useful hologram.
Claims 1,3-5,9-17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Yuta et al. JP 2017014213, in view of Miki et al. 20110092612 and Lane et al. 20200355997, further in view of Hagen et al. 20190171160.
Hagen et al. 20190171160 teaches volume holographic compositions such as that of example 1 [0065] and those composed of a photoinitiator system, one or a plurality of photopolymerizable monomers, softeners, and crosslinked matrix polymers [0022]. A further aspect of the present invention concerns the use of a molded body containing at least one volume hologram according to claim 14 as a beam-guiding and/or beam-forming optical component for 3-dimensional imaging or as a security hologram in documents and for product protection and product labelling or as a spectacle lens in corrective glasses and electronic glasses (so-called augmented reality (AR) glasses) [0044].
The combination of Yuta et al. JP 2017014213, Miki et al. 20110092612 and Lane et al. 20200355997 does not teach the use of the recited monomers in AR glasses.
It would have been obvious to modify the use of the holographic compositions rendered obvious by the combination of Yuta et al. JP 201701421, Miki et al. 20110092612 and Lane et al. 20200355997 by recording volume holograms useful in AR glasses based upon the disclosure to do so in volume holographic recording media containing monomer, photoinitiator and cross-linked matrix polymers by Hagen et al. 20190171160 at [0022,0044].
The applicant did not direct any arguments at this rejection, therefore no further response is warranted.
Claims 1,3-5,9-15 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Yuta et al. JP 2017014213, in view of Miki et al. 20110092612 and Lane et al. 20200355997, further in view of Hioki et al. JP-2016-22566.
Hioki et al. JP-2016-22566 (cited by applicant 5/16/2022) exemplifies the monomers.
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and
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which are bounded by the formula:
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, where A represents a thiophene ring sulfide group selected from the following formulas (2) and (3) which may have a substituent. N is the number of groups A and represents an integer of 1 to 5, and m is the number of groups B and represents an integer of 1 to 5. L represents an n + m-valent linking group that connects the group A and the group B, which may have a substituent, or a direct bond [0026]. L is an arbitrary linking group which may have a substituent, or a direct bond. In order to impart a high refractive index, L is preferably a cyclic compound, while in order to impart compatibility, it is preferably an aliphatic compound. These structures may be combined according to the purpose of the material, and have a linking group selected from —O—, —S—, —CO—, —COO— and —CONH— between the C—C bonds [0032]. The polymer obtained from the compound represented by formula (1) generally has a refractive index at an irradiation light wavelength of 1.70 or more and 1.78 or less, preferably 1.77 or less. When the compound represented by the formula (1) is used as the recording layer material of the hologram recording medium, if the refractive index is less than 1.7, the diffraction efficiency is low and the multiplicity is not sufficient. On the other hand, if the refractive index is greater than 1.78, the difference in refractive index from the matrix resin becomes too large and scattering increases, thereby reducing the transmittance and requiring more energy for recording and reproduction [0050]. n and m is an integer of 1 to 5, and when n is 2 or more, a plurality of A may be the same or different. n is preferably 1 to 3 in order to obtain good solubility in a solvent or a matrix. n is an integer of 1 to 5, and when n is 2 or more, a plurality of A may be the same or different. n is preferably 1 to 3 in order to obtain good solubility in a solvent or a matrix. m represents an integer of 1 to 5, and 1 is preferable in order to suppress shrinkage due to photocuring [0048].
In addition to the basis above, it would have been obvious to one skilled in the art to modify the monomers rendered obvious by the combination of Yuta et al. JP 2017014213, Miki et al. 20110092612 and Lane et al. 20200355997 by including 2 or 3 (meth)acrylate groups based upon the direction in the formula
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of Hioki et al. JP-2016-22566, where n can be 1-5, but is preferably 1-3 with a reasonable expectation of forming a useful monomer.
Claims 1,3-5 and 9-19 are rejected under 35 U.S.C. 103 as being unpatentable over Yuta et al. JP 2017014213, in view of Miki et al. 20110092612, Lane et al. 2020035599 and Hioki et al. JP-2016-22566, further in view of Hagen et al. 20190171160.
The combination of Yuta et al. JP 2017014213, Miki et al. 20110092612, Lane et al. 2020035599 and Hioki et al. JP-2016-22566 does not teach the use of the recited monomers in AR glasses.
It would have been obvious to modify the use of the holographic compositions rendered obvious by Yuta et al. JP 2017014213, in view of Miki et al. 20110092612, Lane et al. 2020035599 and Hioki et al. JP-2016-22566 by recording s volume holograms useful in AR glasses based upon the disclosure to do so in volume holographic recording media containing monomer, photoinitiator and cross-linked matrix polymers by Hagen et al. 20190171160 at [0022,0044].
The applicant did not direct any arguments at this rejection, therefore no further response is warranted.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1,3-5 and 9-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of copending Application No. 18/371102 (20240018137) in view of Lane et al. 20200355997.
Claims 1 of copending Application No. 18/371102 recites a compound:
PNG
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192
306
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,
wherein A represents a polymerizable group; L represents an optionally branched (n+1)-valent linking group; R.sup.1 represents an aromatic ring group optionally having a substituent; R.sup.2 represents a monovalent organic group optionally having a substituent; X.sup.1 and X.sup.2 each independently represent an oxygen atom, a sulfur atom, or a nitrogen atom optionally having a substituent; m represents an integer of 0 or 1; n represents an integer of 1 to 3; and p represents an integer of 0 or 1, and wherein two R.sup.1s may be bonded together at any position to form a ring structure, provided that R.sup.1=R.sup.2, X.sup.1=X.sup.2, and p=1 do not hold simultaneously.
The claims 1-17 of copending Application No. 18/371102 do not recite (thio)carbamate or (thio)urethane linkages.
It would have been obvious to form the compound of the formula of the claims 1-17 of copending Application No. 18/371102 by forming L of a linkage including a
urethane (—OC(O)N(R.sup.b)—, —N(R.sup.b)C(O)O—) —) or carbonate (which is a combination of ether and ester linkages) with a reasonable expectation of forming useful monomer, based upon the linkages taught at [0009] of Lane et al. 20200355997 as useful in monomers.
This is a provisional nonstatutory double patenting rejection.
The applicant argues that the instant application has an earlier effective filing date. This is a stronger argument for prior art situations (102, 103, …), but the ODP rejection has an additional issue. Specifically dual ownership in the future. The rejection stands.
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 Martin J Angebranndt whose telephone number is (571)272-1378. The examiner can normally be reached 7-3:30 pm EST.
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MARTIN J. ANGEBRANNDT
Primary Examiner
Art Unit 1737
/MARTIN J ANGEBRANNDT/Primary Examiner, Art Unit 1737 January 21, 2026