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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/28/2026 has been entered.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. However, a certified English translation of the foreign application is not filed. Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e). Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
DETAILED ACTION
Claims 6, 8-21of H.J. Ahn, et al., US 18/013,528 (12/28/2022) are pending.
Election/Restrictions
Pursuant to the restriction requirement, Applicant elected Group II (now claims 6, 8-15, 20-21), without traverse, in the reply filed on 12/17/2025. Applicant canceled claims 1-5, 7 and added new claims 20-21 in the reply filed on 04/16/2026. Claims 16-19 have been withdrawn pursuant to 37 CFR 1.142(b) as directed to non-elected Groups in the Office action mailed on 01/20/2026. The Restriction Requirement is maintained as Final.
Withdrawal Claim Rejections - 35 USC § 112(b)
Rejection of claim 12 under 35 U.S.C. 112(b) as indefinite is withdrawn in view of the instant claim 12 has been amended with amended structures.
Rejection of claims 9 and 14-15 under 35 U.S.C. 112(b) as indefinite is withdrawn in view of the claims have been amended with sufficient antecedent basis for the terms recited in the claims.
Withdrawal Rejections - 35 USC § 112(d)
Rejection of claim 10 under 35 U.S.C. 112(d), 4th paragraph is withdrawn in view of the instant claim 10 has been amended by deletion of the terms of “polydimethylsiloxane-co -methylphenylsiloxane, and polymethylphenylsiloxane”.
Maintained Claim Rejections 35 U.S.C. 112(a) -- New Matter
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 6, 8-14 and 20-21 is rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The rejection is on the grounds that the following italicized recitation in claim 6 is not supported by the application as filed.
6. A method of preparing an intermediate for preparing porous silicon oxycarbide, the method comprising:
. . .
, and a first and a second aromatic compound, in each of which two or more functional groups including a vinyl group or an acetylene group at terminals thereof are substituted, to form organosilicon bond between a first portion of the linear polysiloxane polymer and the first aromatic compound, between the first aromatic compound and a first terminal of the POSS, between a second terminal of the POSS and the second aromatic compound, and between the second aromatic compound and a second portion of the linear polysiloxane polymer,. . . .
This limitation is not recited literally in application as filed. Regarding the aromatic compound, the specification teaches that:
Another aspect of the present invention provides a method of preparing an intermediate for preparing porous silicon oxycarbide. The method of preparing an intermediate includes hydrosilylating a linear polysiloxane polymer, a polyhedral oligomeric silsesquioxane (POSS), and an aromatic compound, in which two or more functional groups including a vinyl group or an acetylene group at a terminal thereof are substituted, to form an organosilicon bond between the linear polysiloxane polymer and the aromatic compound and between the POSS and the aromatic compound.
Specification at page 6, line 14-21, emphasis added.
Regarding the claimed intermediate, the specification teaches that:
The intermediate has a three-dimensional network structure and includes: linear polysiloxane polymer main chains; a plurality of polyhedral oligomeric silsesquioxane (POSS) moieties disposed between the linear polysiloxane polymer main chains; and a bond represented by the following Chemical Formula 1, which is formed between the linear polysiloxane polymer and the POSS moiety.
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Specification at page 2-3, Technical Solution, emphasis added.
The specification working Examples employ only a single aromatic compound (i.e. divinylbenzene) that cross-linked POSS and linear polysiloxane polymer.
There is no support in the specification body for a “second aromatic compound”, and “form organosilicon bonds between a first portion of the linear polysiloxane polymer and the first aromatic compound, between the second aromatic compound and a second portion of the linear polysiloxane polymer” as well “form organosilicon bonds between the first aromatic compound and a first terminal of the POSS, between a second terminal of the POSS and the second aromatic compound” .
Examiner do not find supporting of the claimed subject matter in the specification as filed. Further, Applicant does point out in the Reply where support for the claimed subject matter can be found in the application as filed.
Applicant’s Argument
Applicant argues on the ground that:
However, as recited in Claim 6, the polyhedral oligomeric silsesquioxane (POSS) possesses at least two Si-H groups at both terminals, the linear polysiloxane polymer also contains a plurality of Si-H groups due to its repeating unit represented by Chemical Formula 2 indicating at least one of R and R2 represents a hydrogen atom, and the aromatic compound has two or more functional groups including a vinyl group or an acetylene group at terminals thereof.
Therefore, since each of the linear polysiloxane polymer and the POSS is equipped with a plurality of Si-H groups, it is obvious to a person skilled in the art that a plurality of aromatic compounds are bonded between the linear polysiloxane polymer and the POSS. This structural configuration is also presented in Figure 1 of the specification of the present invention.
Furthermore, Paragraph [0199] (Preparation Example 1) of the specification discloses that 1.6 g of divinylbenzene (an aromatic compound) is mixed and reacted in an excess amount relative to the amounts of PMHS (0.8 g) and POSS (0.2 g). This formulation is intentionally designed to induce the multiple Si-H groups provided in both the linear polysiloxane polymer and the POSS to fully react with the divinylbenzene, thereby simultaneously forming a plurality of hydrosilylation bonds.
Response to the Rejections Under 35 U.S.C. § 112(a) at page 9-10 of the Remarks filed on 07/28/2026.
These arguments have been fully considered but are not persuasive because based on the information from the specification including Preparation Example 1 and Figure 1, one ordinary skill in the art would understand that there is only one aromatic compound ( for example divinylbenzene) to be used in the disclosed method. While different molecules of the aromatic compound (for example divinylbenzene) can react with the linear polysiloxane polymer or the POSS, however, these different molecules are the same aromatic compound but the claimed a first aromatic compound and a second aromatic compound. Further, as mentioned in the rejection above that nowhere in the specification as filed to support products are formed through “form organosilicon bonds between a first portion of the linear polysiloxane polymer and the first aromatic compound, between the second aromatic compound and a second portion of the linear polysiloxane polymer” AND “form organosilicon bonds between the first aromatic compound and a first terminal of the POSS, between a second terminal of the POSS and the second aromatic compound”.
Subject Matter Free of the Art
Subject to 112 rejections above, claims 6, 8-15 and 20-21 are free of the art recorded. The closest prior art of record is Y. Zhang, et al. 98.4 Polymer degradation and stability 916-925 (2013)(“Zhang”).
Y. Zhang, et al. 98.4 Polymer degradation and stability 916-925 (2013)(“Zhang”)
Zhang teaches a method for preparing of cross-linker PH as indicated below. Zhang at page 917, Scheme 1.
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The Zhang method comprises hydrosilylating of PMHS that is a linear polysiloxane polymer with Vinyl-POSS that is a polyhedral oligomeric silsesquioxane. PMHS maps the claimed Chemical Formula 2 as R1 is H and R2 is methyl, it also have Si-H groups at a first portion and a second portion.
Difference Between Zhang and Claims 6, 8-15 and 20-21
Zhang differs from claim 6 in that:
(i). The vinyl-POSS does not comprise at least two Si-H groups at the first and second terminals;
(ii). Zhang does not teach to use any aromatic compound.
Claims 6, 8-15 and 20-21 are Not Obvious
Claims 6, 8-15 and 20-21 are not obvious because neither Zhang nor Zhang in view a second art to motivate one ordinary skilled artisan to modify the Zhang method to arrive at the claimed method. Motivation lacks because vinyl-POSS already has vinyl group which can link the POSS with PMHS.
Conclusion
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANK S. HOU whose telephone number is (571)272-1802. The examiner can normally be reached 6:30 am-2:30 pm Eastern on Monday to Friday.
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/FRANK S. HOU/Examiner, Art Unit 1692
/AMY C BONAPARTE/Primary Examiner, Art Unit 1692
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