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
This application is a 371 of PCT/JP2021/044313 (filed 12/02/21), which application claims priority to JP 2020-200086 (filed 12/02/20), and also claims priority to JP 2021-125610 (filed 07/30/21).
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Amendment(s)
The Preliminary Amendment filed 05/31/23 is entered.
Claims 1-18 are pending.
Drawings
The Drawing filed 05/31/23 is objected to:
37 CFR 1.84(u)(1) states (emphasis added):
The different views must be numbered in consecutive Arabic numerals, starting with 1, independent of the numbering of the sheets and, if possible, in the order in which they appear on the drawing sheet(s). Partial views intended to form one complete view, on one or several sheets, must be identified by the same number followed by a capital letter. View numbers must be preceded by the abbreviation "FIG." Where only a single view is used in an application to illustrate the claimed invention, it must not be numbered and the abbreviation "FIG." must not appear.
Accordingly, applicant should submit a corrected Drawing without “Figure 1” and amend the specification to –-the Drawing-—(each occurrence).
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-8, 10-16) in the Reply filed 04/09/26 is acknowledged.
Note that the species requirement imposed 03/03/26 is hereby withdrawn.3
Information Disclosure Statement
The IDS statements filed 08/31/23, 09/01/23, and 11/04/24 have been considered. Initialed copies accompany this action.
Claim Rejections - 35 USC § 102 and/or 103
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim Construction
Note that the examiner construes the claim preamble language (independent claim 1) “An active hydrogen-containing organic compound scavenger” to be a statement of intended utility. If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction. Shoes by Firebug LLC v. Stride Rite Children’s Grp., LLC, 962 F.3d 1362, 2020 USPQ2d 10701 (Fed. Cir. 2020). Additionally, the examiner notes applicant’s definition of the claim requirement “bromine content of from 38 to 78wt%” at para 0040 instant PGPUB 2024/0001334A1.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 111646927A.
CN 111646927A discloses flame-retardant diphenylmethane diisocyanate derivatives (Abstract). The reference discloses compounds of the formula:
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256
570
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(claims; Br content calculated 44wt%), and of the formula:
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264
554
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(claims; Br content calculated 66wt%). The compounds anticipate the claimed formula when instant “n” and “m” equal 1. As stated above, the examiner construes each of these disclosed compounds to meet the preamble “organic compound scavenger” limitations.
The reference is anticipatory.
In view of the foregoing, the above claims have failed to patentably distinguish over the applied art.
The remaining references listed on forms 892 and 1449 have been reviewed by the examiner and are considered to be cumulative to or less material than the prior art references relied upon in the rejection above.
Allowable Subject Matter
Instant claims 10-16 are allowed.
The prior art does not disclose or fairly suggest the addition of a support to the compositions as claimed, nor does the prior art teach the instant active hydrogen-containing scavenger use.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK T KOPEC whose telephone number is (571)272-1319. The examiner can normally be reached Monday-Friday 9:00a-5:00p EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Jones can be reached at 5712707733. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK KOPEC/Primary Examiner, Art Unit 1762
MK
August 20, 2026
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