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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/26/2026 has been entered.
Response to Amendment
In response to the Amendment received on 01/26/2026, the examiner has carefully considered the amendments. The examiner acknowledges the cancellation of claims 2-3, 5-6, 10-11, and 13-14, as well as, the addition of new claims 17-18.
Response to Arguments
Applicant’s arguments, see Amendment/Remarks, filed 01/26/2026, with respect to the rejection(s) of claim(s) 1-16 is/are rejected under 35 U.S.C. 102(a2) as anticipated by Nam et al (US 10,319,946) have been fully considered and are persuasive.
Therefore, the rejection has been withdrawn.
However, upon further consideration, a new rejection is made over claim 17 for lacking antecedent basis. Please find below.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], 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 17 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, 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. Claim 17 requires one or more of substituents X3 and X4 to be phenyl groups; however, by definition one or more of X3 and X4 are defined as being at least one of hydrogen; a substituted or unsubstituted C1 to C30 alkyl groups, a substituted or unsubstituted C1 to C30 alkyl ether group; *-N(R’) (R”) as defined, or *-O-G-*, wherein G is a substituted or unsubstituted C1 to C20 alkylene group. Aromatic groups are not found in the definitions for X3 or X4. 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.
Allowable Subject Matter
Claims 1, 4, 7-9, 12, 15-16 and 18 are allowed.
The following is an examiner’s statement of reasons for allowance: The instant claims are distinguished over the closest prior art to Nam et al (10,319,946) for the reasons set forth in the advisory action. The silicone diacrylates of Nam require at least one aromatic substituent.
Furthermore, as of the date of this Office action, the Examiner has not located or identified any reference that can be used singularly or in combination with another reference including Nam et al, to render the present claims anticipated or obvious to one of ordinary skill in the art.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANZA L MCCLENDON whose telephone number is (571)272-1074. The examiner can normally be reached 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Riviere-Kelley can be reached on 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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/SANZA L. McCLENDON/Primary Examiner, Art Unit 1765
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