DETAILED ACTION
This office action follows a response filed on November 18, 2025. Claims 1-5, 8-10, 14-16, 23, 32, 35, 36, 38-43, 45, 47-49, and 54 were amended to correct matters of form. New claims 55 and 56 were added. Claims 1-5, 8-10, 14-16, 23, 32, 35, 36, 38-43, 45, 47-49, and 54-56 are pending.
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.
Claims 1-5, 8-10, 14-16, 23, 32, 35, 36, 38-43, 45, 47-49, and 54-56 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 states that for catalyst compound represented by Formula (I), all biphenyl substituent pairs R1 and R2, R2 and R3, R3 and R4, R1ʹ and R2ʹ, R2ʹ and R3ʹ, and R3ʹ and R4ʹ are joined simultaneously, such that the ligand framework comprises a ten-ring polycyclic array. Additionally, claim states that two L groups are joined together, one X group is joined with one L group, and two X groups are joined together to form a dianionic tetradentate ancillary ligand comprising two L groups and two X groups. While the existence of such a catalyst compound containing all structural features is not impossible, it is highly improbable and this particular embodiment does not represent the catalyst system of invention as a whole. In fact, the catalyst compound as claimed would exclude all Complexes 1-33 depicted in claim 23 because none of these complexes exhibits claimed structural features. Thus, it is unclear which types of catalyst compound are encompassed in present claim. Based on these considerations, claim 1 is deemed indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Dependent claims are subsumed under the rejection.
Rewriting claims 1 and 3 to recite “may be” as originally filed is suggested.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 23 is rejected under 35 U.S.C. 112(d) as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claimed complexes 1-33 do not exhibit structural features set forth in the independent claims. None of the complexes has substituent pairs R1 and R2, R2 and R3, R3 and R4, R1ʹ and R2ʹ, R2ʹ and R3ʹ, and R3ʹ and R4ʹ joined to form a ring structure(s). Additionally, none of the complexes has L groups are joined together, one X group is joined with one L group, and two X groups are joined together. See also paragraph 2, supra, for discussion.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Response to Arguments
The rejection of claims under 35 U.S.C. 112(b), set forth in paragraph 16 of the previous office action dated August 20, 2025, has been withdrawn in view of claim amendments.
The rejections of claims under 35 U.S.C. 102(a)(2) and 35 U.S.C. 103 over Goryunov et al. (US 11,248,070), set forth in paragraphs 20 and 21 of the previous office action, have been withdrawn. Reference is disqualified as prior art under 35 U.S.C. 102(b)(2)(C).
Subject of claims is patentably distinct over references cited to date in Applicant’s PTO-1449 and examiner’s PTO-892. The closest prior art, Goryunov et al. (US 11,203,654) teaches use of similar bisaryl phenolate catalyst to prepare polyethylene homopolymer, ethylene-octene copolymer, polypropylene homopolymer, propylene-hexene, or propylene-octene copolymer. Reference does not teach specifically use of claimed catalyst to prepare a copolymer of at least one C3-C40 alpha olefin and ethylene where the copolymer comprises up to 35 wt % of ethylene.
Claims are not in condition for allowance.
Non-elected claims 51-53 remain withdrawn and have not been canceled.
Conclusion
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 Rip A. Lee whose telephone number is (571)272-1104. The examiner can be reached on Monday through Friday from 9:00 AM - 5:00 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Jones, can be reached at (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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/RIP A LEE/Primary Examiner, Art Unit 1762 January 29, 2026