DETAILED ACTION
Claims 1, 4-12, 15-19 are pending in the present application.
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 .
Priority
The claim to priority as a 371 filing of PCT/JP2020/026564 filed on July 7, 2020 is acknowledged in the present application file.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 4-12, 15-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claims 1 and 12 recite the broad recitation “a polymer material comprising, in the molecular chain, an inorganic atom, and a nitrogen atom and/or an oxygen atom”, and the claim also recites “the polymer material is a phosphazene polymer” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. As claims 4-11 and 15-19 do not correct the issue, claims 4-11 and 15-19 are also indefinite.
Closest Prior Art
The closest prior art is that of JP 2005-022375, which is drawn to a layered polymer with an inorganic compound layer and a (meth)acrylic resin layer. However, there is no teaching or suggestion in the prior art for the presence of a phosphazene polymer in the (meth)acrylic resin layer to arrive at the presently claimed invention.
Conclusion
Claims 1, 4-12, 15-19 are rejected.
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/JOSEPH R KOSACK/Primary Examiner, Art Unit 3991