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 .
Election/Restrictions
Applicant’s election without traverse of group I, claims 1, 2, 4, 5, 9, and 28, in the reply filed on 2025 December 3is acknowledged.
Claims 12-16 and 51-59 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2025 December 3.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, provisional application 63 / 166118, filed 2021 March 25, and provisional application 63 / 035628, filed 2020 June 5, provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. In provisional application 63 / 166118, support is present at page 41, paragraph [00145] of the specification. In provisional application 63 / 035628, support is present at page 38, paragraph [00138] of the specification.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 2022 December 5, 2023 March 14, and 2024 September 23 were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement are considered by the examiner.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by PANSTER (US 4410669, issued 1983 October 18). Panster describes examples 11 and 17-20 (column 14, lines 37-60; column 17, line 16 to column 18, line 27). In example 11, an [(OMe)3Si-(CH2)3]3N(Me)]+Cl- polymer is prepared. In these examples, the following examined variable definitions apply: variable R4 is methyl or butyl; variable G is propylene; and the main chain is an -Si(OMe)2-O- chain.
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Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by YANG (WO 2016/094199, published 2016 June 16). Yang describes examples 2 and 4 (page 41, line 19 to page 42, line 3; page 42, line 11 to page 43, line 3). In example 4, an [(OMe)3Si-(CH2)3]2N[CH2CH(OH)CH2O(CH2)3Si(OEt)3]-ethylene-NH-C(O)-C(O)-NH-propylene-SI(Me)2-(O-Si)n-]- polymer is prepared. In these examples, the following examined variable definitions apply: variable R4 is CH2CH(OH)CH2O(CH2)3Si(OEt)3; variable G is ethylene-NH-C(O)-C(O)-NH-propylene-SI(Me)2-; and the main chain is an -O-Si(Me)2- chain. Even though compound XVIII shows a (Me)3O as a terminal group, the terminal group is a silyl group based on the epoxide reactant.
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Claim(s) 1 and 28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DAI (CN 110577782 and its corresponding machine translation (published 2019 December 17). Dai describes monomer 7 (page 5/9 of original document, paragraph [0043]). This monomer is mixed with 2-methyl methacrylate monomer and polyethylene glycol diacrylate monomer (machine translation, page 10, paragraph [0050] to page 11, paragraph [0059]). The monomer 2-methyl methacrylate is a polymethacrylate. In this compound, the following examined variable definitions apply: R4 is ethylene-NH-C(O)-CH2-benzothiazole; G is CH2CH(OH)(CH2)6-CH=CH; and the polymer moieties are 2-methyl methacrylate monomer and polyethylene glycol diacrylate monomer.
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Allowable Subject Matter
Claims 1, 9, and 28 are not allowed.
Claims 2, 4, and 5 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: PANSTER (US 4410669, issued 1983 October 18) describes examples 11 and 17-20 (column 14, lines 37-60; column 17, line 16 to column 18, line 27). In example 11, an [(OMe)3Si-(CH2)3]3N(Me)]+Cl- polymer is prepared. In these examples, the following examined variable definitions apply: variable R4 is methyl or butyl; variable G is propylene; and the main chain is an -Si(OMe)2-O- chain. None of these compounds anticipate or render obvious a compound of claims 2, 4, and 5 because variable G does not contain a pyridinium group.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOBLE E JARRELL whose telephone number is (571)272-9077. The examiner can normally be reached 9:00 AM to 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fereydoun Sajjadi can be reached at 571-272-3311. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NOBLE E JARRELL/Primary Examiner, Art Unit 1699