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 .
Claim Objections
Claims 6 and 10 are objected to because of the following informalities:
Independent claim 1 defines the R group to be either ethylene or propylene. Claim 6 and 10 have the same limitation for the R group as in claim 1. Therefore, the requirement of “R is ethylene or propylene” should be deleted in both claims 6 and 10.
Appropriate correction is required.
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 1 and dependent claims 2-4, 6-12 and 20 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.
Regarding claim 1, the proviso bridging page 2 & 3 - "in case R are ..." , renders the claim language ambiguous since R can no longer be C5-C10-cycloalkylene species as group “R” is amended to represent ethylene or propylene. Applicant is reminded that although "(III)" is crossed out, the structural formula associated with it is still present in the claim. Applicant is advised to revise the claim language to remove the discrepancy for the group “R” and delete the structural formula corresponding to (III).
Regarding claim 2, the claim language is unclear, since the independent claim 1 defines the R to be either ethylene or propylene. The R group cannot be simultaneously ethylene or propylene and (i) C4-C12 linear or branched alkylene radicals or (ii) C5-C10-cycloalkylene radicals…Appropriate correction is required.
Response to Arguments
Applicant's arguments filed on 05/11/2026 have been fully considered. The amended claims overcome the 35 U.S.C. 103 prior art rejections under Hostettler (US 2962524) and Hostettler in view of Ebert (US 2016/0222160).
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.
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/S.M.D./
Examiner
Art Unit 1765
/JOHN M COONEY/Primary Examiner, Art Unit 1765
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