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 .
Claim Status
Claim 1 has been amended, support can be found in the specification as filed at [p. 0027]. Claims 1 and 4-10 are pending.
Response to Arguments
Applicant’s arguments with respect to claim 1have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Naito et al (herein ‘Naito’; GB 1254690).
Naito discloses a isocyanate composition stabilized against undesirable polymerization and coloration [p. 1, ll. 10-15]. Naito exemplifies successful stabilization of a composition comprising 99.96 wt. % xylylene diisocyanate, XDI, with 0.05 wt. % (500 ppm) p-toluenesulphonyl isocyanate, also known as 4-methylbenzenesulfonyl isocyanate or PTSI [p. 3, table 1].
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 4-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Naito et al (herein ‘Naito’; GB 1254690) as applied to claim 1 above, and further in view of Kosaka et al (herein ‘Kosaka’; US 6274694).
Naito is silent with respect to the use of the stabilized XDI.
Kosaka teaches the production of a polyurethane lens comprising the cured product of polyisocyanate compound(s) and polythiol compound(s), wherein the polyisocyanate is not particularly limited and include XDI, and suitable polythiol compounds include pentaerythritol tetrakis(mercaptopropionate) trimethylolpropane tris(mercaptopropionate), trimethylolethane tris(mercaptopropionate), dichioroneopentyl glycol bis(mercaptopropionate) and dibromoneopentyl glycol bis(mercaptopropionate). [abstract; c. 2, ll. 48-51; c. 3, ll. 15-25].
In light of this, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to use the stabilized xylene diisocyanate composition of Naito with a polythiol to prepare a polyurethane optical lens, for improved stability.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOLLEY GRACE HESTER whose telephone number is (703)756-5435. The examiner can normally be reached Monday - Friday 9:00AM -5:00PM.
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/HOLLEY GRACE HESTER/Examiner, Art Unit 1766
/RANDY P GULAKOWSKI/Supervisory Patent Examiner, Art Unit 1766
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