DETAILED ACTION
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 .
Response to Amendment
1. Applicant’s amendments with respect to claims filed on 04/02/2026 have been entered. Claims 1-20 remain pending in this application and are currently under consideration for patentability under 37 CFR 1.104. Claims 7-10 and 13-20 have been withdrawn from consideration.
Claim Rejections - 35 USC § 103
2. 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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
3. Claim(s) 1-2, 5-6, and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toyoda (Pub. No. US 20130330590 A1) in view of Katsurao et al. (Pub. No. US 20060148912 A1).
Regarding claim 1, Toyoda teaches a binder (binder, see [0103]) containing: a vinylidene fluoride polymer (vinylidene fluoride based rubber, see [0106], see [0103] where the binder contains a fluoride based polymer); and an oxime (benzoquinone dioxime, see [0070] where while using a crosslinker a crosslinking assistant agent is used) which is a compound having a hydroximino group (hydroximino group, see benzoquinone dioxime molecule below), but fails to teach the vinylidene fluoride polymer containing 50 mol % or greater of vinylidene fluoride units.
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Benzoquinone Dioxime Molecule, Diagram Provided by TCI Chemicals
However, Katsurao teaches a vinylidene fluoride polymer (vinylidene fluoride copolymer, see [0012]) containing 50 mol % or greater of vinylidene fluoride units (63%-99.99%, see math calculation below).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Toyoda such that the vinylidene fluoride rubber is formed of 63 mol% to 99.99 mol% of vinylidene fluoride units as taught by Katsurao to maintain weatherability, chemical resistance, and heat resistance (see [0012] of Katsurao). Further Toyoda teaches that modifications can be made (see [0204] of Toyoda).
Math Calculation for Mol% of Vinylidene Fluoride Units: see [0012] for every 100 mols of vinylidene fluoride monomer, there is 0.01-10 mols of hydrophilic monomer, see [0013] the vinylidene fluoride monomer is 70 mol% or more of vinylidene fluoride units. In equations below VDF = vinylidene fluoride, Other = other compounds in vinylidene fluoride monomer, HPG = hydrophilic monomer.
Max Mol% of Vinylidene Fluoride: mol VDF/(mol VDF + mol HPG) = 100/100.01 = 0.9999*100 = 99.99 mol% VDF
Min Mol Vinylidene Fluoride: (mol VDF/(mol VDF + mol Other + mol HPG) = 70/(70+30+10} = 0.63*100 = 63 mol% VDF
Regarding claim 2, Toyoda in view of Katsurao teaches, wherein the oxime (benzoquinone dioxime, see [0070]) is at least one oxime (benzoquinone dioxime, see [0070]) selected from compounds represented by Formula (1) (see chemical diagram below, the benzoquinone dioxime is a version of Formula (1)), compounds represented by Formula (2), and polymers or oligomers having a hydroxyimino group: where in Formula (1) (see chemical diagram below, the benzoquinone dioxime is a version of Formula (1)), R.sub.1 (R.sub.1, see chemical diagram below) and R.sub.2 (R.sub.2, see diagram below) are each independently selected from a hydrogen atom, aldehyde groups, alkyl groups having from 1 to 10 carbons , alkenyl groups having from 2 to 10 carbons (see diagram below where R.sub.1 and R.sub.2 are both alkenyl groups), alkynyl groups having from 2 to 10 carbons, cycloalkyl groups having from 3 to 10 carbons, cycloalkenyl groups having from 3 to 10 carbons, aryl groups having from 6 to 18 carbons, aralkyl groups having from 7 to 14 carbons, or heterocyclic groups having from 3 to 13 carbons, and one, some, or all hydrogen atom(s) of these groups may be substituted by a substituent(s) selected from alkyl groups having from 1 to 10 carbons, aryl groups, a hydroxyl group, and an amino group, and R.sub.1 (R.sub.1, see chemical diagram below) and R.sub.2 (R.sub.2, see diagram below) may be bonded to each other and form a ring together with a carbon atom (see chemical diagram below where both R.sub.1 and R.sub.2 are bonded together by a carbon atom) to which R.sub.1 (R.sub.1, see chemical diagram below) and R.sub.2 (R.sub.2, see diagram below) are bonded (see chemical diagram below where both R.sub.1 and R.sub.2 are bonded together by a carbon atom, note this carbon atom includes a second hydroximino group connected to the carbon in which both R.sub.1 and R.sub.2 are bonded to which is not excluded in the language of the claim); and in Formula (2), R.sub.7 and R.sub.8 are each independently selected from a hydrogen atom, aldehyde groups, alkyl groups having from 1 to 10 carbons, alkenyl groups having from 2 to 10 carbons, alkynyl groups having from 2 to 10 carbons, cycloalkyl groups having from 3 to 10 carbons, cycloalkenyl groups having from 3 to 10 carbons, aryl groups having from 6 to 18 carbons, aralkyl groups having from 7 to 14 carbons, or heterocyclic groups having from 3 to 13 carbons, and one, some, or all hydrogen atom(s) of these groups may be substituted by a substituent(s) selected from alkyl groups having from 1 to 10 carbons, aryl groups, a hydroxyl group, and an amino group, and R.sub.7 and R.sub.8 may be bonded to each other and form a ring together with a carbon atom to which R.sub.7 is bonded and a carbon atom to which R.sub.8 is bonded.
Regarding claim 5, Toyoda in view of Katsurao fails to teach wherein the vinylidene fluoride polymer is a vinylidene fluoride polymer containing a structural unit derived from a compound represented by Formula (3): where in Formula (3), R.sub.4 is a hydrogen atom, an alkyl group having from 1 to 5 carbons, or a carboxyl group substituted with an alkyl group having from 1 to 5 carbons, R.sub.5 and R.sub.6 are each independently a hydrogen atom or an alkyl group having from 1 to 5 carbons, and X is a single bond or an atomic group having a molecular weight of 500 or less and including a main chain having from 1 to 20 atoms.
However, Katsurao further teaches wherein the vinylidene fluoride polymer (vinylidene fluoride copolymer, see [0012]) is a vinylidene fluoride polymer(vinylidene fluoride copolymer, see [0012]) containing a structural unit (hydrophilic monomer, see [0012]) derived from a compound (acrylic acid, see [0017] where the carboxy group-containing vinyl monomer is acrylic acid, see [0014] where the hydrophilic monomer contains a carboxy group-containing vinyl monomer) represented by Formula (3) (see chemical diagram of acrylic acid below): where in Formula (3) (see chemical diagram of acrylic acid below), R.sub.4 is a hydrogen atom (R.sub.4, see chemical diagram below where R.sub.4 is a hydrogen atom), an alkyl group having from 1 to 5 carbons, or a carboxyl group substituted with an alkyl group having from 1 to 5 carbons, R.sub.5 (R.sub.5, see chemical diagram below) and R.sub.6 (R.sub.6, see chemical diagram below) are each independently a hydrogen atom (see chemical diagram below where R.sub.5 and R.sub.6 are hydrogen atoms) or an alkyl group having from 1 to 5 carbons, and X is a single bond (single bond, see chemical diagram below) or an atomic group having a molecular weight of 500 or less and including a main chain having from 1 to 20 atoms.
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Chemical Diagram of Acrylic Acid provided by PubChem
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Toyoda in view of Katsurao such that the vinylidene fluoride rubber is formed with a hydrophilic group of acrylic acid as taught by Katsurao to improve hydrophilicity (see [0006] of Katsurao). Further Toyoda in view of Katsurao teaches that modifications can be made (see [0204] of Toyoda).
Regarding claim 6, Toyoda in view of Katsurao fails to teach wherein a content of hydroxyimino groups contained in the oxime is from 0.005 to 5 mmol per gram of the vinylidene fluoride polymer.
However, Toyoda further teaches wherein a content of hydroxyimino groups (hydroximino group, see benzoquinone dioxime molecule above) contained in the oxime (benzoquinone dioxime, see [0070] where while using a crosslinker a crosslinking assistant agent is used) is from 0.005 to 5 mmol per gram (0.028 to 652 mmol/gram, see math calculations below) of the vinylidene fluoride polymer (vinylidene fluoride based rubber, see [0106], see [0103] where the binder contains a fluoride based polymer).
Math Calculation for mmol of hydroximino group per gram of vinylidene fluoride polymer: see [0107] where binder is 50 wt% or less of vinylidene fluoride based rubber, see [0071] where crosslinking assistant agent is 0.2-5 parts by weight per 1 part by weight of crosslinker, see [0069] where crosslinker is 1-20 parts by weight for 100 parts of copolymer. For calculation purposes the copolymer will be taken as 100 grams, the vinylidene fluoride based rubber will be denoted as VDF, crosslinking assistant agent is the benzoquinone dioxime and denoted as CAA, crosslinker will be denoted as CL, and the minimum amount of VDF will be set at 1% for ease of showing a lower limit, and the molar mass of benzoquinone dioxime is 138.12 g/mol.
Max hydroximino mmol: 100 grams copolymer, 20 parts of CL/100 parts of Copolymer = 20 parts of CL. 5 parts of CLA/1 part of CL = 5*20 = 100 grams of CLA. 100 g CLA/(138.12 g/mol)*(1000 mmol/1 mol) = 724 mmol of benzoquinone dioxime. 2 mol of hydroximino per mol of benzoquinone dioxime = 2*724 mmol = 1448 mmol of hydroximino.
Min hydroximino mmol: 100 grams copolymer, 1 part of CL/100 grams copolymer = 1 gram CL. 0.2 parts CLA/1 part CL = 0.2 grams CLA. 0.2/(138.12 g/mol)*(1000 mmol/1 mol) = 1.448 of benzoquinone dioxime. 2 mmol of hydroximino per mmol of benzoquinone dioxime = 2.896 mmol of hydroximino.
Max Mass VDF (this is calculated with the min amount of hydroximino): VDF = 50% of total. Total = copolymer+CLA+CL+VDF. 0.5(total) = (0.5)(100+1+0.2+VDF), divide by 0.5, total = 101.2+VDF, VDF = total-101.2, therefore VDF = 101.2 grams.
Min Mass of VDF (this is calculated with the max amount of hydroximino): VDF = 1% of total. (copolymer+CLA+CA) = 0.99(total), 220 = 0.99(total), total = 222.2, VDF = 2.222 grams.
Max mmol/g: 1448/2.222 grams = 652 mmol/gram.
Min mmol/g: 2.896/101.2 = 0.028 mmol/gram.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Toyoda in view of Katsurao to modify the range of hydroximino per mol gram of vinylidene fluoride polymer to be within the claimed range of 0.028 to 5 mmol/gram as a prima facie case of obviousness exists “in the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art” (MPEP 2144.05.I), and mmol of hydroximino is a result effective variable of enabling crosslinking while preventing decline of water resistance and lithium conductivity (see [0071] of Toyoda). Further Toyoda in view of Katsurao teaches that modifications can be made (see [0204] of Toyoda).
Regarding claim 11, Toyoda in view of Katsurao fails to teach wherein the vinylidene fluoride polymer is a vinylidene fluoride polymer containing a structural unit derived from a compound represented by Formula (3): where in Formula (3), R.sub.4 is a hydrogen atom, an alkyl group having from 1 to 5 carbons, or a carboxyl group substituted with an alkyl group having from 1 to 5 carbons, R.sub.5 and R.sub.6 are each independently a hydrogen atom or an alkyl group having from 1 to 5 carbons, and X is a single bond or an atomic group having a molecular weight of 500 or less and including a main chain having from 1 to 20 atoms.
However, Katsurao further teaches wherein the vinylidene fluoride polymer (vinylidene fluoride copolymer, see [0012]) is a vinylidene fluoride polymer(vinylidene fluoride copolymer, see [0012]) containing a structural unit (hydrophilic monomer, see [0012]) derived from a compound (acrylic acid, see [0017] where the carboxy group-containing vinyl monomer is acrylic acid, see [0014] where the hydrophilic monomer contains a carboxy group-containing vinyl monomer) represented by Formula (3) (see chemical diagram of acrylic acid below): where in Formula (3) (see chemical diagram of acrylic acid below), R.sub.4 is a hydrogen atom (R.sub.4, see chemical diagram below where R.sub.4 is a hydrogen atom), an alkyl group having from 1 to 5 carbons, or a carboxyl group substituted with an alkyl group having from 1 to 5 carbons, R.sub.5 (R.sub.5, see chemical diagram below) and R.sub.6 (R.sub.6, see chemical diagram below) are each independently a hydrogen atom (see chemical diagram below where R.sub.5 and R.sub.6 are hydrogen atoms) or an alkyl group having from 1 to 5 carbons, and X is a single bond (single bond, see chemical diagram below) or an atomic group having a molecular weight of 500 or less and including a main chain having from 1 to 20 atoms.
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Chemical Diagram of Acrylic Acid provided by PubChem
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Toyoda in view of Katsurao such that the vinylidene fluoride rubber is formed with a hydrophilic group of acrylic acid as taught by Katsurao to improve hydrophilicity (see [0006] of Katsurao). Further Toyoda in view of Katsurao teaches that modifications can be made (see [0204] of Toyoda).
Regarding claim 12, Toyoda in view of Katsurao fails to teach wherein a content of hydroxyimino groups contained in the oxime is from 0.005 to 5 mmol per gram of the vinylidene fluoride polymer.
However, Toyoda further teaches wherein a content of hydroxyimino groups (hydroximino group, see benzoquinone dioxime molecule above) contained in the oxime (benzoquinone dioxime, see [0070] where while using a crosslinker a crosslinking assistant agent is used) is from 0.005 to 5 mmol per gram (0.028 to 652 mmol/gram, see math calculations below) of the vinylidene fluoride polymer (vinylidene fluoride based rubber, see [0106], see [0103] where the binder contains a fluoride based polymer).
Math Calculation for mmol of hydroximino group per gram of vinylidene fluoride polymer: see [0107] where binder is 50 wt% or less of vinylidene fluoride based rubber, see [0071] where crosslinking assistant agent is 0.2-5 parts by weight per 1 part by weight of crosslinker, see [0069] where crosslinker is 1-20 parts by weight for 100 parts of copolymer. For calculation purposes the copolymer will be taken as 100 grams, the vinylidene fluoride based rubber will be denoted as VDF, crosslinking assistant agent is the benzoquinone dioxime and denoted as CAA, crosslinker will be denoted as CL, and the minimum amount of VDF will be set at 1% for ease of showing a lower limit, and the molar mass of benzoquinone dioxime is 138.12 g/mol.
Max hydroximino mmol: 100 grams copolymer, 20 parts of CL/100 parts of Copolymer = 20 parts of CL. 5 parts of CLA/1 part of CL = 5*20 = 100 grams of CLA. 100 g CLA/(138.12 g/mol)*(1000 mmol/1 mol) = 724 mmol of benzoquinone dioxime. 2 mol of hydroximino per mol of benzoquinone dioxime = 2*724 mmol = 1448 mmol of hydroximino.
Min hydroximino mmol: 100 grams copolymer, 1 part of CL/100 grams copolymer = 1 gram CL. 0.2 parts CLA/1 part CL = 0.2 grams CLA. 0.2/(138.12 g/mol)*(1000 mmol/1 mol) = 1.448 of benzoquinone dioxime. 2 mmol of hydroximino per mmol of benzoquinone dioxime = 2.896 mmol of hydroximino.
Max Mass VDF (this is calculated with the min amount of hydroximino): VDF = 50% of total. Total = copolymer+CLA+CL+VDF. 0.5(total) = (0.5)(100+1+0.2+VDF), divide by 0.5, total = 101.2+VDF, VDF = total-101.2, therefore VDF = 101.2 grams.
Min Mass of VDF (this is calculated with the max amount of hydroximino): VDF = 1% of total. (copolymer+CLA+CA) = 0.99(total), 220 = 0.99(total), total = 222.2, VDF = 2.222 grams.
Max mmol/g: 1448/2.222 grams = 652 mmol/gram.
Min mmol/g: 2.896/101.2 = 0.028 mmol/gram.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Toyoda in view of Katsurao to modify the range of hydroximino per mol gram of vinylidene fluoride polymer to be within the claimed range of 0.028 to 5 mmol/gram as a prima facie case of obviousness exists “in the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art” (MPEP 2144.05.I), and mmol of hydroximino is a result effective variable of enabling crosslinking while preventing decline of water resistance and lithium conductivity (see [0071] of Toyoda). Further Toyoda in view of Katsurao teaches that modifications can be made (see [0204] of Toyoda).
4. Claim(s) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Adachi et al. (Pub. No. US 20100015493 A1) in view of Katsurao et al. (Pub. No. US 20060148912 A1).
Regarding claim 1, Adachi teaches a binder (interface resistance reducing composition, see [0056] where the interface resistance reducing composition is used between the electrode and electrolyte membrane and bonds the two together, therefore the examiner is considering the composition a binder) containing: a vinylidene fluoride polymer (polyvinylidene fluoride, see [0110]); and an oxime (methyl ethyl ketoxime, see [0071] where the plasticizer is methyl ethyl ketoxime, see [0056] where the interface reducing composition contains a plasticizer) which is a compound having a hydroximino group (see chemical diagram of methyl ethyl ketoxime below), but fails to teach the vinylidene fluoride polymer containing 50 mol % or greater of vinylidene fluoride units.
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Chemical Diagram of Methyl Ethyl Ketoxime provided by PubChem
However, in a related field Katsurao teaches a vinylidene fluoride polymer (vinylidene fluoride copolymer, see [0012]) containing 50 mol % or greater of vinylidene fluoride units (63%-99.99%, see math calculation below).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Adachi such that the polyvinylidene fluoride is formed of 63 mol% to 99.99 mol% of vinylidene fluoride units as taught by Katsurao to maintain weatherability, chemical resistance, and heat resistance (see [0012] of Katsurao).
Math Calculation for Mol% of Vinylidene Fluoride Units: see [0012] for every 100 mols of vinylidene fluoride monomer, there is 0.01-10 mols of hydrophilic monomer, see [0013] the vinylidene fluoride monomer is 70 mol% or more of vinylidene fluoride units. In equations below VDF = vinylidene fluoride, Other = other compounds in vinylidene fluoride monomer, HPG = hydrophilic monomer.
Max Mol% of Vinylidene Fluoride: mol VDF/(mol VDF + mol HPG) = 100/100.01 = 0.9999*100 = 99.99 mol% VDF
Min Mol Vinylidene Fluoride: (mol VDF/(mol VDF + mol Other + mol HPG) = 70/(70+30+10} = 0.63*100 = 63 mol% VDF
Regarding claim 2, Adachi in view of Katsurao teaches wherein the oxime (methyl ethyl ketoxime, see [0071]) is at least one oxime (methyl ethyl ketoxime, see [0071]) selected from compounds represented by Formula (1) (see chemical diagram of MEKO below), compounds represented by Formula (2), and polymers or oligomers having a hydroxyimino group: where in Formula (1) (see chemical diagram of MEKO below), R.sub.1 (R.sub.1, see chemical diagram of MEKO below) and R.sub.2 (R.sub.2, see chemical diagram of MEKO below) are each independently selected from a hydrogen atom, aldehyde groups, alkyl groups having from 1 to 10 carbons (see chemical diagram of MEKO below where both R.sub.1 and R.sub.2 are an alkyl group of 1 to 2 carbon atoms), alkenyl groups having from 2 to 10 carbons, alkynyl groups having from 2 to 10 carbons, cycloalkyl groups having from 3 to 10 carbons, cycloalkenyl groups having from 3 to 10 carbons, aryl groups having from 6 to 18 carbons, aralkyl groups having from 7 to 14 carbons, or heterocyclic groups having from 3 to 13 carbons, and one, some, or all hydrogen atom(s) of these groups may be substituted by a substituent(s) selected from alkyl groups having from 1 to 10 carbons, aryl groups, a hydroxyl group, and an amino group, and R.sub.1 and R.sub.2 may be bonded to each other and form a ring together with a carbon atom to which R.sub.1 and R.sub.2 are bonded; and in Formula (2), R.sub.7 and R.sub.8 are each independently selected from a hydrogen atom, aldehyde groups, alkyl groups having from 1 to 10 carbons, alkenyl groups having from 2 to 10 carbons, alkynyl groups having from 2 to 10 carbons, cycloalkyl groups having from 3 to 10 carbons, cycloalkenyl groups having from 3 to 10 carbons, aryl groups having from 6 to 18 carbons, aralkyl groups having from 7 to 14 carbons, or heterocyclic groups having from 3 to 13 carbons, and one, some, or all hydrogen atom(s) of these groups may be substituted by a substituent(s) selected from alkyl groups having from 1 to 10 carbons, aryl groups, a hydroxyl group, and an amino group, and R.sub.7 and R.sub.8 may be bonded to each other and form a ring together with a carbon atom to which R.sub.7 is bonded and a carbon atom to which R.sub.8 is bonded.
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Chemical Diagram of Methyl Ethyl Ketoxime (MEKO) is provided by PubChem
Regarding claim 3, Adachi in view of Katsurao teaches wherein in Formula (1) (see chemical diagram of MEKO above), R.sub.1 (R.sub.1, see chemical diagram of MEKO above) and R.sub.2 (R.sub.2, see chemical diagram of MEKO above) are each independently selected from a hydrogen atom, aryl groups having from 6 to 18 carbons, aldehyde groups, or alkyl groups having from 1 to 10 carbons (see chemical diagram of MEKO above where both R.sub.1 and R.sub.2 are an alkyl group of 1 to 2 carbon atoms), and one, some, or all hydrogen atom(s) of these groups may be substituted by a substituent(s) selected from alkyl groups having from 1 to 10 carbons, aryl groups, a hydroxyl group, and an amino group, and when R.sub.1 and R.sub.2 are alkyl groups, R.sub.1 and R.sub.2 may be bonded to each other and form a ring together with a carbon atom to which R.sub.1 and R.sub.2 are bonded; and in Formula (2), R.sub.7 and R.sub.8 are each independently selected from a hydrogen atom, aryl groups having from 6 to 18 carbons, aldehyde groups, or alkyl groups having from 1 to 10 carbons, and one, some, or all hydrogen atom(s) of these groups may be substituted by a substituent(s) selected from alkyl groups having from 1 to 10 carbons, aryl groups, a hydroxyl group, and an amino group, and when R.sub.7 and R.sub.8 are alkyl groups, R.sub.7 and R.sub.8 may be bonded to each other and form a ring together with a carbon atom to which R.sub.7 is bonded and a carbon atom to which R.sub.8 is bonded.
Regarding claim 4, Adachi in view of Katsurao teaches wherein in Formula (1) (see chemical diagram of MEKO above), R.sub.1 (R.sub.1, see chemical diagram of MEKO above) and R.sub.2 (R.sub.2, see chemical diagram of MEKO above) are each independently selected from alkyl groups having from 1 to 10 carbons (see chemical diagram of MEKO above where both R.sub.1 and R.sub.2 are an alkyl group of 1 to 2 carbon atoms), and when R.sub.1 and R2 are alkyl groups, R.sub.1 and R.sub.2 may be bonded to each other and form a ring together with a carbon atom to which R.sub.1 and R.sub.2 are bonded; and in Formula (2), R.sub.7 and R.sub.8 are each independently selected from a hydrogen atom or alkyl groups having from 1 to 10 carbons, and when R.sub.7 and R.sub.8 are alkyl groups, R.sub.7 and R.sub.8 may be bonded to each other and form a ring together with a carbon atom to which R.sub.7 is bonded and a carbon atom to which R.sub.8 is bonded.
Response to Arguments
5. Applicant’s arguments with respect to claim(s) 1-6 and 11-12 have 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.
Conclusion
6. 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 DOUGLAS CALEB MARROQUIN whose telephone number is (571)272-0166. The examiner can normally be reached Monday - Friday 7:30-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tiffany Legette can be reached at 571-270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DOUGLAS C MARROQUIN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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