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 .
Response to Arguments
Applicant’s arguments, filed 6/10/2026, with respect to the rejection of claim 1 and dependent claims have been fully considered and are persuasive. The 35 USC 103 rejection of claim 1 and dependent claims has been withdrawn. However a new grounds of rejection is made in view of Keanne US 3,375,225.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3, 5-6 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Keanne US 3,375,225.
Regarding claims 1-3, 5-6, and 16-17 Keanne teaches a polyphenylene ether comprising a novolak resin component and a
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component (Col. 3 Lines 58-60). Keanne also teaches the novolak resin component is copolymerized in the presence of oxygen and a phenolic monomer (Col. 5 Lines 58-70).
This reads on the claimed “oxidative polymerization.” Keanne also teaches that the novolak resin structural component is
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. This reads on the limitations of claim structure 8-1 where b=0 and a =0, and n>1.
Keanne teaches the phenolic component is selected from those in Hay in bis Patent No. 3,306,875 (Col. 6 Lines 4-7).
Hay teaches the phenol component can be 2,6-dimethylphenol (Col. 8 Lines 25-30) or 2-methyl-6-phenylphenol. This reads on the claimed “2,6 dimethyl phenol” and the claimed first monohydric phenol where Z1 is methyl, the other occurrence of Z1 is phenyl, and Z2 are both hydrogen. Hay recites The structures of 2-methyl-6-phenylphenol and 2,6 dimethylphenol are recited in parallel as equally suited alternatives. It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use both a monohydric phenol of the structure 2-methyl-6-phenylphenol and 2,6 dimethylphenol. This reads on the claimed first and second monohydric phenol.
It would have been obvious to select 2-methyl-6-phenylphenol and 2,6 dimethylphenol as the phenol monomer component of Keanne because Keanne teaches Hays as comprising identical monomers to the monomers of Hays. It is prima facie obvious to select a known material based on its suitability for its intended use. See MPEP 2144.07.
Allowable Subject Matter
Claims 4, 7, and 8 are 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.
Regarding claim 4, Keanne is silent on the novolak resin being a dicylopentadiene novolak resin having the structure of (9-1) or (9-2).
Regarding claim 7, Keanne is silent regarding the structural unit derived from a trisphenol having the structure of 10a.
Regarding claim 8, Keanne is silent about terminal groups used in the composition.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LILY K SLOAN whose telephone number is (703)756-5875. The examiner can normally be reached Monday-Friday 9:00-5:30 ET.
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/LILY K SLOAN/Examiner, Art Unit 1762
/ROBERT S JONES JR/Supervisory Patent Examiner, Art Unit 1762
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