DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 5, 13 and 19-40 are pending as amended on 3/27/2026. Claims 21-36 stand withdrawn from consideration.
The new and modified grounds of rejection set forth below were necessitated by Applicant’s amendment to claim 13 adding a new molecular weight limitation, and by the amendment adding new claims 37-40. Therefore, this action is properly made final.
Any rejections and/or objections made in the previous Office action and not repeated below are hereby withdrawn. 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 Rejections - 35 USC § 112
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.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
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 of carrying out his invention.
Claims 38 and 40 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
New claims 38 and 40 recite that a phosphorus compound derived from phosphoric acid and a phosphate is not generated during the production of the PAEK resin.
Applicant cites [0010] of the specification as filed as describing the newly recited subject matter. However, this paragraph of the specification describes phosphoric acid and phosphate ions as byproducts which are produced (generated) when diphosphorus pentaoxide is used in production of PAEK resin. Therefore, it appears the cited portions of the specification describe a process for producing PAEK resin wherein diphosphorus pentaoxide (phosphorus pentoxide) is not used, and, wherein neither phosphoric acid nor phosphate ions are by-produced. However, there is no description in the specification as filed of a process of producing PAEK resin, as recited in claims 5 and 13, wherein a phosphorus compound derived from phosphoric acid and a phosphate is not generated (nor is there any description of a process wherein a phosphorus compound derived/formed from the reaction of phosphoric acid a phosphate is generated).
Claim Rejections - 35 USC § 102
Claim(s) 38 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hirano et al (JP 2020143262; citing machine translation submitted by Applicant on 3/2/2023).
Hirano discloses a method for producing polyarylene ether ketone. Claim 38 is anticipated by Hirano’s example 1, described below:
In Hirano’s example 1 [0080], terephthalic acid (meeting instant monomer (1-2)) reacts with diphenyl ether (meeting instant monomer (3-1)). No other monomers are included. Therefore, in Hirano’s example 1, the produced polyarylene ether ketone has a structure according to instant formula (1-1).
As evidenced by the instant examples (see instant examples 1 and 7-10) the reaction of terephthalic acid and diphenyl ether (as exemplified by Hirano) forms a polyketone having a structure wherein a molar ratio of ketone groups and ether groups to a total number of carbon atoms is either equal to or slightly higher than 9.5 mol% and 4.5 mol%, respectively (see instant specification, table on p 51). There is reasonable basis to conclude that Hirano’s polyarylene ether ketone formed from the same difunctional monomers as utilized in the instant examples has substantially the same molar ratios of ketone and ether groups as the polyarylene ether ketones formed in the instant examples, thus satisfying the corresponding recited ranges thereof..
Hirano exemplifies reaction of the monomer components in the presence of trifluoromethanesulfonic acid (which has a structure according to instant formula (4-1) wherein R groups are F) and trifluoromethanesulfonic anhydride (which has a structure according to instant formula (6-1) wherein R groups are F). [See [0080], as well as Table 1 of the original document and [0078] of the machine translation defining abbreviations; Table 1 shows that Hirano’s example 1 is formed from monomers M1-1 and M2-1 (i.e., terephthalic acid and diphenyl ether) in the presence of AN-1 (trifluoromethanesulfonic anhydride) and A-1 (trifluoromethanesulfonic acid).] The process of Hirano’s example 1 does not utilize any component having an element in Period 2-6 among the group 3-13 elements in the periodic table, nor any component having Cl or Br, nor any component having phosphorus. There is reasonable basis to conclude that a polyarylene ether ketone does not have a measurable residual content of components which were not utilized in the process of its preparation. There is reasonable basis to conclude, therefore, that Hirano exemplifies a polyarylene ether ketone which satisfies conditions (A)-(D), and wherein no phosphorus compound is generated during the production thereof.
Claim Rejections - 35 USC § 103
Claim(s) 13, 20 and 39-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirano et al (JP 2020143262; citing machine translation submitted by Applicant on 3/2/2023).
As to claims 13, 20, 39 and 40, Hirano discloses a method for producing polyarylene ether ketone by adding an anhydride having a pKa of 0 or less to an aromatic dicarboxylic acid (M1) and a compound having an aromatic ether skeleton (M2) [0011-12], wherein the PAEK preferably has a formula V [0034] wherein X can by oxygen:
PNG
media_image1.png
126
549
media_image1.png
Greyscale
wherein a ratio of n:m is preferably 6:4 to 10:0 [0036]. The repeating units in (V) subscripted “n” and “m” correspond to instant (1-1) and (2-1), respectively.
Hirano discloses that the anhydride acts as an acylating agent [0040] and catalyst [0042], and that anhydrides having a pKa of 0 or less are preferred from a viewpoint of reactivity [0040]. Hirano names a limited number of examples thereof, including trifluoroacetic anhydride (which has a structure according to instant formula (5-1)) and trifluoromethanesulfonic anhydride (which has a structure according to instant formula (6-1)) [0041]. When carrying out Hirano’s disclosed polymerization, the person having ordinary skill in the art would have been motivated to select any anhydride from Hirano’s list of anhydrides with a reasonable expectation of success that any one of the named anhydrides would perform the function (i.e., acylation, catalytic) desired by Hirano. It would have been obvious to the person having ordinary skill in the art, therefore, to have formed a polyarylene ether ketone, as taught by Hirano, by utilizing either trifluoromethanesulfonic anhydride or trifluoroacetic anhydride in order to catalyze the polymerization and produce a super engineering plastic having excellent properties (see [0002] of translation).
Hirano further teaches adding an acid having a pKa of 0 or less which can dissolve the aromatic dicarboxylic acid M1 and form a homogeneous solution. Trifluoromethanesulfonic acid is preferred from the viewpoint of reactivity [0045-6]. Hirano exemplifies (example 1 [0080]) a method of producing PAEK resin wherein monomer M1 is terephthalic acid (according to instant monomer (1-2)) and monomer M2 is diphenyl ether (according to instant monomer (3-1)). No other monomers are included, and therefore, the exemplified polyarylene ether ketone product has a structure according to instant formula (1-1). In example 1, the reaction of the monomer components occurs in the presence of anhydride and trifluoromethanesulfonic acid as the acid having a pKa or 0 or less [See [0080], as well as Table 1 of the original document and [0078] of the machine translation defining abbreviations; Table 1 shows that Hirano’s example 1 is formed from monomers M1-1 and M2-1 (i.e., terephthalic acid and diphenyl ether) in the presence of AN-1 (trifluoromethanesulfonic anhydride) and A-1 (trifluoromethanesulfonic acid).]
The process of Hirano’s example 1 does not utilize any component having an element in Period 2-6 among the group 3-13 elements in the periodic table, nor any component having Cl or Br, nor any component having phosphorus (such as phosphorus pentoxide). There is reasonable basis to conclude that a polyarylene ether ketone does not have a measurable residual content of components which were not utilized in the process of its preparation. There is reasonable basis to conclude, therefore, that Hirano exemplifies a polyarylene ether ketone which satisfies conditions (A)-(D), and that no phosphorus compound is generated during the production of the resin.
As to the recited molar ratio of ketone groups to ether groups:
As evidenced by the instant examples (see instant examples 1 and 7-10) the reaction of terephthalic acid and diphenyl ether (as exemplified by Hirano) forms a polyketone having a structure wherein a molar ratio of ketone groups and ether groups to a total number of carbon atoms is either equal to or slightly higher than 9.5 mol% and 4.5 mol%, respectively (see instant specification, table on p 51). There is reasonable basis to conclude that Hirano’s polyarylene ether ketone formed from the same difunctional monomers as utilized in the instant examples has substantially the same molar ratios of ketone and ether groups as the polyarylene ether ketones formed in the instant examples, thus satisfying the corresponding ranges thereof recited in claim 13.
As to the recited Mn of 8000 or more:
Hirano teaches that the PAEK preferably has a formula V [0034] wherein X can by oxygen:
PNG
media_image1.png
126
549
media_image1.png
Greyscale
and wherein the sum of m and n are preferably 17 to 10,000 from the viewpoint of moldability and processability [0035]. It would have been obvious to the person having ordinary skill in the art, therefore, to have selected any suitable number of repeating units within Hirano’s range of 17 to 10,000 in order to provide a PAEK having a desired balance of moldability and processability, including a number of repeating units corresponding to a number average molecular weight within the presently claimed range of 8000 or more. Case law has established that a prima facie case of obviousness is established where the claimed ranges overlap the ranges disclosed by the prior art. See MPEP 2144.05.
Claim(s) 5, 13 and 37-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Darnell et al (US 4820794) in view of Devine et al (US 2005/0004340).
As to claim 5, Darnell teaches a method of preparing polyketones by reacting a dicarboxylic acid and an aromatic compound (col 2, lines 15-24). The dicarboxylic acid can be terephthalic acid (named in col 2, line 64; used as the acid monomer in examples 1 and 7) and the aromatic compound can be diphenyl ether (named in col 3, lines 41-44; used as the aromatic monomer compound in examples 5 and 6). When forming a polyketone by reaction of dicarboxylic acid and aromatic compound, as taught by Darnell, it would have been obvious to the person having ordinary skill in the art to have selected any dicarboxylic acid named by Darnell and any aromatic compound named by Darnell, including terephthalic acid and diphenyl ether, respectively, in order to produce a polyketone having a desired polymer chain structure which is useful as molding plastic, coating, film, fiber, matrix resin etc. (see col 1, lines 25-27).
As to instant condition (D): a polyketone formed from reaction of equimolar amounts of terephthalic acid (which has a formula according to instant (1-2)) and diphenyl ether (which has a formula according to instant (3-1)), as suggested by Darnell, has repeat units according to instant formula (1-1). Additionally, as evidenced by the instant examples (see instant examples 1 and 7-10) the reaction of terephthalic acid and diphenyl ether (as suggested by Darnell) forms a polyketone having a structure wherein a molar ratio of ketone groups and ether groups to a total number of carbon atoms is either equal to or slightly higher than 9.5 mol% and 4.5 mol%, respectively (see instant specification, table on p 51). There is reasonable basis to conclude that Darnell’s suggested polyarylene ether ketone formed from the same difunctional monomers as utilized in the instant examples has substantially the same molar ratios of ketone and ether groups as the polyarylene ether ketones formed in the instant examples, thus satisfying the corresponding ranges recited in claim 5.
Darnell teaches that the reaction is carried out in a perfluoroalkanesulfonic acid, with trifluoromethanesulfonic acid being preferred because it is commercially available (col 3, lines 44-47). Trifluoromethanesulfonic acid has a structure according to instant formula (4-1) wherein the R groups are F.
Darnell further teaches adding a component capable of reacting with water to the polymerization in order to decrease the amount of phosphorus oxide utilized in the process, and names anhydrides of perfluoroalkyl- and alkylsulfonic acids as examples of such components (col 4, lines 48-61). Darnell exemplifies a process wherein phosphorus pentoxide is predissolved in trifluoromethanesulfonic acid, such that some anhydride of the trifluoromethanesulfonic acid is initially formed (col 7, lines 50-62). It would have been obvious to the person having ordinary skill in the art to have carried out the polymerization of terephthalic acid and diphenyl ether in the presence of trifluoromethanesulfonic acid, as suggested by Darnell, by further adding an anhydride component capable of reacting with water (such as anhydride of trifluoromethanesulfonic acid) in order to reduce the amount of phosphorus oxide utilized. Anhydride of trifluoromethanesulfonic acid has a structure according to instant (6-1) wherein the R groups are F.
As to instant conditions (A) and (B): the process suggested by Darnell does not utilize any component having an element in Period 2-6 among the group 3-13 elements in the periodic table, or any component having Cl or Br. There is reasonable basis to conclude that a polyarylene ether ketone does not have a measurable residual content of components which were not utilized in the process of its preparation. There is reasonable basis to conclude, therefore, that Darnell suggests a polyarylene ether ketone which satisfies conditions (A) and (B).
As to instant condition (C): as set forth above, Darnell teaches reducing the amount of phosphorus oxide utilized in the process. However, Darnell fails to teach that a residual amount of P (or residual amount of phosphate) is 100 ppm or less.
Devine teaches a method to address problems associated with the purity of polyketones [0005]. Devine teaches reducing the level of phosphorus-containing impurities such that the total level of phosphorus is 10 ppm or less [0080]. Devine teaches that a shaped article of greater purity may be advantageously used in the electronics or medical industries [0088]. Considering Devine’s disclosure, the person having ordinary skill in the art would have been motivated to purify a polyketone in order to provide a material which is suitable for use in industries which require low levels of impurities (including phosphorus). It would have been obvious to the person having ordinary skill in the art, therefore, to have subjected Darnell’s polyketone to a purification procedure to reduce the level of impurities, including phosphorus, to 10 ppm or less, as taught by Devine, in order to improve the suitability of the material for use in industries (e.g., medical, electronics) requiring high purity levels.
As to claim 13, modified Darnell suggests a method according to claim 5, as set forth above. Darnell further teaches that the polyketone has a degree of polymerization (y) which results in a molecular weight sufficient to give an inherent viscosity of at least about 0.4 (col 2, lines 30-47), and very high molecular weight polyketones may be prepared by the disclosed process (col 5, lines 17-27). Considering that an increase in viscosity corresponds to an increase in molecular weight, Darnell’s inherent viscosity range of “at least 0.4” must at least overlap the presently claimed molecular weight range of “8000 or more.” It would have been obvious to the person having ordinary skill in the art to have selected any appropriate viscosity within Darnell’s disclosed range of at least 0.4 in order to achieve a desired degree of processability, balanced with, e.g., mechanical properties and chemical resistance required for a given application, including a viscosity corresponding to a molecular weight within the presently claimed range.
As to claims 37 and 39, modified Darnell suggests a method according to claims 5 and 13, as set forth above. Darnell names several examples of suitable phosphorus oxide compounds which may be used, including phosphorus trioxide, phosphorus pentoxide and polyphosphoric acid (col 3, lines 60-68). See also example 28 in col 11, wherein polyphosphoric is used, and wherein no phosphorus pentoxide is used. It would have been obvious to the person having ordinary skill in the art, therefore, to have carried out the method suggested by modified Darnell by selecting any phosphorus compound named by Darnell in order to achieve the faster rates of polymerization associated with the use thereof, including phosphorus trioxide or polyphosphoric acid, thereby arriving at a method wherein phosphorus pentoxide is not used.
As to claims 38 and 40, modified Darnell suggests a method according to claims 5 and 13, as set forth above. Darnell does not teach that any phosphorus compound derived from phosphoric acid and a phosphate is generated during the production of the PAEK resin.
Claim(s) 5, 13, 19, 20 and 37-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Darnell et al (US 4820794) in view of US 4861856 (referred to herein as “Jackson” in order to distinguish from prior cited US 4820794 to Darnell), and further in view of Devine et al (US 2005/0004340).
As to claims 5 and 19, Darnell teaches a method of preparing polyketones by reacting a dicarboxylic acid and an aromatic compound (col 2, lines 15-24). The dicarboxylic acid can be terephthalic acid (named in col 2, line 64; used as the acid monomer in examples 1 and 7) and the aromatic compound can be diphenyl ether (named in col 3, lines 41-44; used as the aromatic monomer compound in examples 5 and 6). When forming a polyketone by reaction of dicarboxylic acid and aromatic compound, as taught by Darnell, it would have been obvious to the person having ordinary skill in the art to have selected any dicarboxylic acid named by Darnell and any aromatic compound named by Darnell, including terephthalic acid and diphenyl ether, respectively, in order to produce a polyketone having a desired polymer chain structure which is useful as molding plastic, coating, film, fiber, matrix resin etc. (see col 1, lines 25-27).
As to instant condition (D): a polyketone formed from reaction of equimolar amounts of terephthalic acid (which has a formula according to instant (1-2)) and diphenyl ether (which has a formula according to instant (3-1)), as suggested by Darnell, has repeat units according to instant formula (1-1). Additionally, as evidenced by the instant examples (see instant examples 1 and 7-10) the reaction of terephthalic acid and diphenyl ether (as suggested by Darnell) forms a polyketone having a structure wherein a molar ratio of ketone groups and ether groups to a total number of carbon atoms is either equal to or slightly higher than 9.5 mol% and 4.5 mol%, respectively (see instant specification, table on p 51).
Darnell teaches that the reaction is carried out in a perfluoroalkanesulfonic acid, with trifluoromethanesulfonic acid being preferred because it is commercially available (col 3, lines 44-47). Trifluoromethanesulfonic acid has a structure according to instant formula (4-1) wherein the R groups are F.
Darnell further teaches adding a component capable of reacting with water to the polymerization in order to decrease the amount of phosphorus oxide utilized in the process, and names anhydrides of perfluoroalkyl- and alkylsulfonic acids as examples of such components (col 4, lines 48-61). It would have been obvious to the person having ordinary skill in the art, therefore, to have carried out the polymerization of terephthalic acid and diphenyl ether in the presence of trifluoromethanesulfonic acid, as suggested by Darnell, by further adding an anhydride of perfluoroalkyl acid capable of reacting with water in order to reduce the amount of phosphorus oxide utilized.
Darnell fails to specifically name any examples of an anhydride of perfluoroalkyl acid, and therefore, fails to specifically teach an anhydride of a perfluoroalkyl acid which has a structure according to instant formula (5-1).
Jackson discloses a process which is very similar to the process described by Darnell. Jackson teaches polyketones prepared by reaction of dicarboxylic acid with an aromatic compound in the presence of a perfluoroalkylsulfonic acid, an oxide of phosphorus and a perhaloalkanoic anhydride (col 2, lines 23-30). Like Darnell, Jackson teaches that trifluoromethanesulfonic acid is preferred because of its commercial availability (col 3, lines 62-63).
Jackson further teaches that perfluoroacetic anhydride is a preferred as a perhaloalkanoic anhydride because of its availability (col 4, lines 30-34). Considering Jackson’s disclosure, the person having ordinary skill in the art would have expected perfluoroacetic anhydride to be an example of an anhydride which could successfully be used to reduce the amount of phosphorus oxide utilized in Darnell’s process, and, the person having ordinary skill in the art would have been motivated to select perfluoroacetic anhydride as Darnell’s anhydride of a perfluoroalkyl acid in order to ensure the commercial availability of the reactant. Therefore, when polymerizing terephthalic acid and diphenyl ether in the presence of trifluoromethanesulfonic acid, phosphorus oxide and an anhydride of perfluoroalkyl acid, as suggested by Darnell, it would have been obvious to the person having ordinary skill in the art to have utilized perfluoroacetic anhydride as the anhydride. Perfluoroacetic anhydride has a structure according to instant (5-1) wherein the R groups are F.
As to instant conditions (A) and (B): the process suggested by modified Darnell does not utilize any component having an element in Period 2-6 among the group 3-13 elements in the periodic table, or any component having Cl or Br. There is reasonable basis to conclude that a polyarylene ether ketone does not have a measurable residual content of components which were not utilized in the process of its preparation. There is reasonable basis to conclude, therefore, that modified Darnell suggests a polyarylene ether ketone which satisfies conditions (A) and (B).
As to instant condition (C): as set forth above, Darnell teaches reducing the amount of phosphorus oxide utilized in the process. However, Darnell fails to teach that a residual amount of P (or residual amount of phosphate) is 100 ppm or less.
Devine teaches a method to address problems associated with the purity of polyketones [0005]. Devine teaches reducing the level of phosphorus-containing impurities such that the total level of phosphorus is 10 ppm or less [0080]. Devine teaches that a shaped article of greater purity may be advantageously used in the electronics or medical industries [0088]. Considering Devine’s disclosure, the person having ordinary skill in the art would have been motivated to purify a polyketone in order to provide a material which is suitable for use in industries which require low levels of impurities (including phosphorus). It would have been obvious to the person having ordinary skill in the art, therefore, to have subjected modified Darnell’s polyketone to a purification procedure to reduce the level of impurities, including phosphorus, to 10 ppm or less, as taught by Devine, in order to improve the suitability of the material for use in industries (e.g., medical, electronics) requiring high purity levels.
As to claims 13 and 20, modified Darnell suggests a method according to claims 5 and 19, as set forth above. Darnell further teaches that the polyketone has a degree of polymerization (y) which results in a molecular weight sufficient to give an inherent viscosity of at least about 0.4 (col 2, lines 30-47), and very high molecular weight polyketones may be prepared by the disclosed process (col 5, lines 17-27). Considering that an increase in viscosity corresponds to an increase in molecular weight, Darnell’s inherent viscosity range of “at least 0.4” must at least overlap the presently claimed molecular weight range of “8000 or more.” It would have been obvious to the person having ordinary skill in the art to have selected any appropriate viscosity within Darnell’s disclosed range of at least 0.4 in order to achieve a desired degree of processability, balanced with, e.g., mechanical properties and chemical resistance required for a given application, including a viscosity corresponding to a molecular weight within the presently claimed range.
As to claims 37 and 39, modified Darnell suggests a method according to claims 5 and 13, as set forth above. Darnell names several examples of suitable phosphorus oxide compounds which may be used, including phosphorus trioxide, phosphorus pentoxide and polyphosphoric acid (col 3, lines 60-68). See also example 28 in col 11, wherein polyphosphoric is used, and wherein no phosphorus pentoxide is used. It would have been obvious to the person having ordinary skill in the art, therefore, to have carried out the method suggested by modified Darnell by selecting any phosphorus compound named by Darnell in order to achieve the faster rates of polymerization associated with the use thereof, including phosphorus trioxide or polyphosphoric acid, thereby arriving at a method wherein phosphorus pentoxide is not used.
As to claims 38 and 40, modified Darnell suggests a method according to claims 5 and 13, as set forth above. Darnell does not teach that any phosphorus compound derived from phosphoric acid and a phosphate is generated during the production of the PAEK resin.
Response to Arguments
Applicant's arguments filed 3/27/2026 have been fully considered.
Applicant argues (p 11) that the subject matter of claim 5 is fully supported by the priority document, and because the priority claim has now been perfected, Hirano does not qualify as prior art against claim 5. The examiner agrees, and the rejection of claim 5 as being anticipated by Hirano has been withdrawn.
Applicant argues (p 11 and paragraph bridging pp 12-13) that the rejections of claims 13 and 20 over Hirano has been overcome by the amendment to claim 13 requiring a Mn of 8000 or more. The examiner agrees that Hirano no longer anticipates claim 13. However, as established in the rejection under 35 USC 103 above, Hirano suggests a method according to claims 13 and 20 in view of Hirano’s teaching that the sum of m and n (i.e., the total repeating units) can as high as 10,000 from the viewpoint of moldability and processability [0035].
Applicant argues (p 12) that because the priority claim has now been perfected, Hirano does not qualify as prior art against claim 19. The examiner finds that claim 19 is supported by the priority document, and therefore the rejection of claim 19 over Hirano has been withdrawn.
Applicant argues (p 14) that applying Devine to the system of Darnell to strip out phosphorus would be contrary to the core teaching of Darnell, which requires high levels of phosphorus to achieve the desired polymerization. However, the modification of Darnell by applying Devine is not contrary to Darnell because applying Devine’s modification would not decrease or remove phosphorus during Darnell’s polymerization. Devine teaches a process for purifying polyketones after they have been polymerized. Applicant’s argument is therefore not persuasive, because Darnell does not teach or imply that any particular phosphorus concentration is required to remain in the polyketone after polymerization has completed.
Applicant further argues (p 14) that neither Darnell nor Devine teach or suggest the molecular weight recited in claim 13. However, this new limitation has been addressed in the rejections above.
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 RACHEL KAHN whose telephone number is (571)270-7346. The examiner can normally be reached Monday to Friday, 8-5.
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, Randy Gulakowski can be reached at 571-272-1302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RACHEL KAHN/ Primary Examiner, Art Unit 1766
Prosecution Insights