DETAILED ACTION
This office action follows a response filed on November 11, 2025. Claims 1 and 9 were amended and claim 11 was canceled. Claims 1-10, 12, and 13 are pending.
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.
Claims 4, 5, 9, 10, 11, and 12 are 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.
Claim 4 defines an embodiment of invention in which R2 is C(H) and R3 is (C1-C30)hydrocarbyl or (C1-C30)heterohydrocarbyl. The definition of R3 is broader in scope than the definition in the independent claim in which R3 is (C1-C10)alkyl; see page 3, line 8. Therefore, the subject of claim 4 fails to limit further the subject of claim 1.
Claim 5 defines an embodiment of invention in which R2 is C(H) and R3 is (C1-C20)alkyl or (C1-C10)alkyl. The limitation R3 is (C1-C20)alkyl is broader in scope than the limitation in the independent claim in which R3 is (C1-C10)alkyl and the limitation that R3 is (C1-C10)alkyl repeats the limitation set forth in the independent claim. Therefore, the subject of claim 5 fails to limit further the subject of claim 1.
Claim 9 defines an embodiment of invention in which R3 is connected to R2 to form a ring. The scope of anions encompassed by this limitation alone lies beyond the limitation set forth in the independent claim in which anions are represented by a structure according to formula (Ia); see page 3, line 10. Therefore, the subject of claim 9 fails to limit further the subject of claim 1. Claims 10, 12, and 13, which depend from claim 9, are subsumed under the rejection.
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 (a) as failing to comply with the enablement requirement, set forth in paragraph 2 in the previous office action dated August 11, 2025, has been withdrawn in view of claim amendment.
The rejection of claims under 35 U.S.C. 103 as being unpatentable over LaPointe (US 6,395,671), set forth in paragraph 5 of the previous office action, has been overcome by amendment. Reference does not teach a bimetallic activator complex containing an anion having represented by formula (Ia) in which at least one of R32 and R33 is -CH2Si(RC)3.
The rejection of claims under 35 U.S.C. 103 as being unpatentable over Babb et al. (US 6,627,573), set forth in paragraph 6 of the previous office action, has been overcome by amendment. Reference does not teach a bimetallic activator complex containing an anion having represented by formula (I) in which R2 is C(H) and R3 is (C1-C10)alkyl.
Allowable Subject Matter
Claims 1-3 and 6-8 are allowed.
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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/RIP A LEE/Primary Examiner, Art Unit 1762 January 27, 2026