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 Amendment
In response to the Amendment received on 09/10/2025, the examiner has carefully considered the amendments. The examiner acknowledges the cancellation of claim 2.
Response to Arguments
Applicant's arguments filed 09/10/2025 have been fully considered but they are not persuasive.
Firstly, it appears to patent number found in the previous office action rejection is misidentified, it should be JP2020-09636.
Secondly, the indication of allowable subject matter of claim 2 was miswritten. The allowable subject matter of claim 2 is when (a) or (e) applies to formula 1 as written. As previously indication in the rejection Mukugi sets forth a crosslinkable monomer (a2) having formula (4-1):
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, wherein R1 is H, R2 is H, *-L1- is -CH2-CH2-CH2- (i.e., C3 group), R3a is CH3 (C1 group), R3b is CH3 (C1 group), and **-L2 is CH2 (C1 group). Therefore, Mukugi does set forth a compound having formula (I) as claimed where the provisions (b), (c), (d) and (f) applies as required by the instant amended claims, see formula (4-1). It is deemed in the overall teachings Mukugi sets forth R1 may also be a methyl group (-CH3), i.e., the methacrylated version of formula (4-1) is formula (4-7)—see [0034]. Mukugi does not expressly teach and/or render obvious a formula (I) wherein L2 is defined as proviso (e) as found in amended claims 1, 17 and 19. Therefore the rejections still apply to claims 15, 12-14 and 17. This corrected action will be a non-final office action as a result of the unintentional mis-identification of allowable subject matter. Please find the rejection below.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 5, 12, and 14 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Mukugi et al (JP2020-090636).
Mukugi sets forth solutions for producing a polymer gel, a polymer gel obtained by polymerizing the solution for producing a polymer gel, and a method for producing a polymer gel. Said solution for producing a polymer gel comprises a particle (A) having a crosslinked structure; an unsaturated monomer (b1) for forming a polymer (B) that forms a network structure with particles (A); solvent (C); polymerization initiators and other disclosed optional components, wherein said particle (A) is obtained by polymerizing a unsaturated monomer (a1) and a crosslinkable monomer (a2), wherein crosslinkable monomer (a2) contains a compound represented by general formula 1:
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wherein Q1 is a monovalent group represented by formula (2):
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and Q2 is a monovalent group represented by formula (3):
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, as defined on pages 6-7—see abstract, [0004] – [00010], and [0046]. Mukugi sets forth crosslinkable monomer (a1) represented by formula (a1) is a compound represented by formula (4):
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.
In an embodiment it is set forth said particle (A) is produced by polymerizing unsaturated monomer (a1) and a crosslinkable monomer (a2) in a liquid medium (solvent) by thermal polymerization or photopolymerization to prepare a gel, wherein said liquid medium is water; said thermal polymerization method uses a thermal polymerization initiator; and said photopolymerization method uses a photoinitiator— [0038] – [0039].
Per production example A1, Mukugi exemplifies a composition comprising 2-acrylamido-2-methylpropane sulfonic acid--AMPS (a1); a crosslinkable monomer (a2) having formula (4-1):
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; (d) 2-hydroxy-2-methyl-1-phenylpropane-1-one (photoinitiator); and 400 parts of water (solvent, c) per 100 parts by mass of AMPS (a1)—see [0058].
The crosslinkable monomer having formula (4-1) in the example anticipates at least one compound found in instant claim 1 when R1 is H, R2 is H, *-L1- is -CH2-CH2-CH2- (i.e., C3 group), R3a is CH3 (C1 group), R3b is CH3 (C1 group), and **-L2 is CH2 (C1 group). Water as the liquid medium (solvent) is deemed to anticipate claim 5.
Mukugi exemplifies a polymer gel solution composition comprising (A)the particle of production example 1; (b1) acrylamide (AAm); (b2) methylenebisacrylamide; 2-hydroxy-2-methyl-1-phenylpropane-1-one (photoinitiator); and water (solvent)—see [0063]. This polymer gel solution is deemed to anticipate the polymer composition of claim 12, wherein the particle is the polymerized product of the composition found in claim 1 (see above).
Regarding claim 14: The particle (A) obtained in production example 1 is obtained by contacting a compound of claimed formula (1), i.e., the crosslinkable monomer (a1) having formula (4-1). Said obtained particle inherently comprise water within the crosslinked network.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 13 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mukugi as applied to claims 1, 5, and 12 above.
Mukugi is set forth above as anticipating at least one embodiment of instant claim 1 for the reasons outlined above. Mukugi does not expressly set forth polymer (of claim 12 understood to be the polymerized product of the composition found in claim 1) comprises nanoholes as required in instant claim 13. However, Mukugi sets forth said particle (A) has a crosslinked structure that forms a network within said particle (A). It is commonly known crosslinked networks inherently have internal spaces among the crosslinked network referred to as pores, thus it is deemed the said crosslinked particles inherently comprise pores which correspond to applicant’s holes. Additionally, it is known the size of said pores (internal space/holes) relates to the crosslink density, wherein the higher the crosslink density the smaller the pore size (internal space/hole size). Also, it is known in the prior art pore size (internal space/holes) correlates to the swelling properties of a gel, i.e., the larger the pores the higher the swelling due to increased availability of space for water or other swelling agents to penetrate and expand the material. Therefore, where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 124 (CCPA 1955). In this case, one skilled in the art prior to the effective filing date of the present invention would understand the crosslinking density of said particle (A) directly correlates to the swelling properties of said particles and would be able to adjust as necessary to obtain the desired products in absence of evidence to the contrary and/or unexpected results.
Regarding claim 14: It is deemed the obtained particle (A) as discuss previously meets all the limitations of the polymer composition of claim 12 and the composition of claim 1. Said obtained particle comprises water within the crosslinked network; however, the reference is -silent with regard to said particle having a lyotropic liquid crystal phase (LLC) comprising a gyroid bicontinuous cubic (Q-phase) morphology.
Regarding claim 17: As set forth above particle (A) is obtained by polymerizing a polymerizable monomer (a1) and a crosslinkable monomer (a2) in the presence of a polymerization initiator in a liquid medium, such as water, wherein Mukugi sets forth said polymerization initiator may be a photoinitiator—see [0039], [0040], and production example 1. Said composition is then exposed to radiation to obtain said particle (A). The polymerization method of particle (A) meets all the limitations of provision (a) in claim 17 and the irradiation provision of step (b) in claim 17; however, it’s not clear if the obtained particle has gyroid mesophase structure/characterization and since the Patent and Trademark Office is not equipped to conduct experimentation in order to determine whether Applicant’s composition differs and, if so, to what extent, from the discussed reference. Therefore, with the showing of the reference, the burden of establishing non-obviousness by objective evidence is shifted to the Applicants.
Allowable Subject Matter
Claims 2-4, 6-11, 15-16, and 18 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.
The following is a statement of reasons for the indication of allowable subject matter: The overall teachings of Mukugi does not set forth a compound of formula (I) as required in claims 2, wherein rule (e) applies or is the compound found in claim 3. The compositions of Mukugi set forth the crosslinkable monomer (a2) corresponding to at least one embodiment, as outlined above, is found in amounts of 0.5 to 30 % per the total amount of (a1) and (a2)—see [0058]. This is outside the range found in claim 4. Mukugi exemplifies water in amounts of 400 parts per 100 parts of compound (a1). This appears to be outside the ranges found in instant claims 6-7 and thus not fairly obvious to a skilled artisan. Regarding claims 8-11: The compounds of formulas (IIa) and (IIb) are not disclosed in the teachings and not fairly obvious to a skilled artisan. Thus, the polymer compositions of claims 15-16 and 19-20 are not disclosed in the teachings of Mukugi. Regarding claim 18: Mukugi does not set forth the claimed photoinitiators nor the ratio of proviso (c).
Claims 19-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the method of claim 19 is distinguished over the closest prior art to Kamata et al (JP06212579) which sets forth methods of modifying textiles by surface coating said textile with an acrylamide monomer corresponding to at least one embodiment found in formula (I) in claim 1; coating said surface modified textile with a colorant; exposing said textile with said acrylamide monomer described above and then applying a coating a resin composition comprising a compound similar to at least one of formula (IIa) or formula (IIb) to obtain a textile which will change colors when exposed to light, wherein the primary difference is the photochromic dyes having formulas similar to (IIa) and (IIb), set forth by Kamata, are not required to comprise unsaturated groups or moieties L3 or L4 as instantly defined and claimed. Kamata does not set forth a polymer composition which comprises the reaction product of claimed formula (1) as instantly defined with at least one or both of formulas (IIa) and/or (IIb).
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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/SANZA L. McCLENDON/Primary Examiner, Art Unit 1765
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