DETAILED ACTION
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 2, 4, 6, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, and 30-32 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.
Claim 2 recites “preferably, 400-700 µmmol/g.” The phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). In other words, it is unclear if the claim is limited to the range following “preferably” or not.
Claim 4 recites “preferably, 50-100 µm.” The phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). In other words, it is unclear if the claim is limited to the range following “preferably” or not.
Claim 6 recites “preferably, 40-100 nm.” The phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). In other words, it is unclear if the claim is limited to the range following “preferably” or not.
Claim 10 recites “preferably, the monovinyl compound is styrene, unsubstituted or substituted with C1-C5 alkyl or alkoxy on its benzene ring.” The phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). In other words, it is unclear if the claim is limited to the range following “preferably” or not.
Claim 12 recites “preferably, the crosslinking monomer is dinvylbenzene.” The phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). In other words, it is unclear if the claim is limited to the range following “preferably” or not.
Claim 14 recites “preferably, the functional monomer is selected from the group consisting of hydroxystyrene and derivatives thereof, such as 4-hydroxystyrene; hydroxyalkyl styrene and derivatives thereof, such as 4-hydroxymethyl styrene; acyloxy styrene and derivatives thereof, such as 4-acetoxystyrene and benzoyloxy styrene; amino styrene and derivatives thereof, such as 4-amino styrene; aminoalkyl styrene and derivatives thereof, such as 4-aminomethyl styrene; haloalkyl styrene monomers, such as 4-(4-bromobutyl) styrene and p- chloromethyl styrene; 4-vinylphenyl ester monomers, such as methyl 4-vinylbenzoate and 4- ethenylbenzeneacetic acid ethyl ester.” The phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). In other words, it is unclear if the claim is limited to the range following “preferably” or not. Additionally, each instance of the phrase “such as” renders the claim indefinite. The phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 16 recites “preferably, the modified monomer is selected from the group consisting of fumaronitrile and 1,4-dicyano-2-butene.” The phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). In other words, it is unclear if the claim is limited to the range following “preferably” or not.
Claim 18 recites “preferably, the initiator is selected from, the group consisting of benzoyl peroxide, lauroyl peroxide, tert butyl peroxy-2-ethylhexanoate, 2,2’-azobis(2-methylpropionitrile), 2,2’-azobis(2-methylbutryonitrile), and 2,2’-azobis(2,4-dimethyl)valeronitrile.” The phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). In other words, it is unclear if the claim is limited to the range following “preferably” or not.
Claim 20 recites “preferably, the oil-soluble surfactant is selected from the group consisting of sorbitan trioleate, polyoxyethylene sorbitol beeswax derivative, sorbitan tristearate, polyoxyethylene sorbitan hexastearate, ethylene glycol fatty acid ester, propylene glycol fatty acid ester, propylene glycol monostearate, sorbitan sesquioleate, polyoxyethylene sorbitol oleate, monostearin, lanolin hydroxylated, sorbitol monoleate, propylene glycol laurate, and any combinations thereof.” The phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). In other words, it is unclear if the claim is limited to the range following “preferably” or not. It is also unclear what “lanolin hydroxylated” is.
Claim 22 recites “preferably, the diluent is selected from the group consisting of aromatic hydrocarbons such as benzene, toluene, and ethylbenzene; aliphatic hydrocarbons, such as C6-C12 linear or branched alkanes or C6-C12 cycloalkanes, such as hexane, heptane, octane, dodecane, isooctane, isododecane and cyclohexane, etc; halogenated hydrocarbons such as chloroform and chlorobenzene; esters containing 4 or more carbon atoms such as ethyl acetate, butyl acetate, dibutyl phthalate, etc; alcohols, such as C4-C12 linear or branched alkane alcohol or C4-C12 cycloalkane alcohol, such as hexanol, cyclohexanol, isooctanol, decanol, and dodecanol.” The phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). In other words, it is unclear if the claim is limited to the range following “preferably” or not. Additionally, each instance of “such as” renders the claim indefinite. It is unclear if the claim is limited to any components following “such as.” Additionally, “etc.” is indefinite. It is unclear what falls within the scope of “etc” and what does not.
Claim 24 recites “preferably, 60-88%...preferably 5-15%...preferably 5-15%...preferably 2-10%...preferably 25-50%” in lines 5, 7, 9, 11, and 13, respectively. The phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). In other words, it is unclear if the claim is limited to the range following “preferably” or not.
Claim 26 recites “preferably, 60-85ºC.” The phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). In other words, it is unclear if the claim is limited to the range following “preferably” or not.
Claim 28 recites “preferably, 60-88%...preferably 5-15%...preferably 5-15%...preferably 2-10%...preferably 25-50%” in lines 9, 10, 11, 12, and 13, respectively. Claim 28 also recites “preferably 60-85ºC” in line 17. The phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). In other words, it is unclear if the claim is limited to the range following “preferably” or not. Additionally, “the resin” in lines 19 and 21 lacks antecedent basis. The claim does not previously refer to “a resin” and it is not clear if “the resin” in line 21 is referring to “a porous resin” recited in lines 19-20.
Claim 30 and claim 31 both recite “(80% by weight)”. It is unclear whether this is describing the amount of divinyl benzene being added or some different feature. It is also unclear whether this is required or not because it is in parenthesis.
Claim 32 recites “A method for the solid phase synthesis of oligonucleotides, comprising using the porous resin of claim 1 as carriers.” The claim is indefinite because it recites a method with no active steps other than “using” the porous resin “as carriers.”
Allowable Subject Matter
Claims 1, 8-9, and 33 are allowed. Claims 2, 4, 6, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, and 30-32 are indefinite for the reasons indicated above. However, if the indefinite issues are corrected, there are no prior art rejections over claims 2, 4, 6, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, and 30-32.
The following is an examiner’s statement of reasons for allowance: The primary reason for allowance of claims 1, 8-9 and 33 is the recitation in claim 1 of a porous resin, wherein the porous resin has a polymer skeleton with functional groups which is represented by the following formula:
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Wherein R1 = -C- or -C-CH2-; R2 = -OH, -CH2OH, -NH2, -CH2NH2, -CH2OOC-C6H4-OH, -CH2OOCCH2-C6H4-OH, -(CH2)4OOC-C6H4-OH, -(CH2)4OOCCH2-C6H4-OH, -COONH-C6H4-NH2, -CH2COONH-C6H4-NH2, -COO-C6H4-OH or -CH2COO-C6H4-OH, and R3 = -H or CH3(CH2)n, n is an integer of 0-4; or (CH3)2CH(CH2)n, n is an integer of 0-2; or (CH3)3C-; or CH3CH2CH(CH3)-; or CH3CH2C(CH3)2-; or CH3CH2CH2CH(CH3)-; or CH3(CH2)n-O-, is an integer of 0-4.
The closest prior art references are the following: (1) Xie et al., “Synthesis of microporous inorganic polymers via radical polymerization of fumaronitrile with divinylbenzene,” Polymer Chemistry, 2017, 8, 6106-6111, which was provided by Applicants with the IDS on 6/1/2023; (2) James et al., “Dispersible microporous diblock copolymer nanoparticles via polymerisation-induced self-assembly,” Polymer Chemistry, 2019, 10, 3879-3886; (3) Nozoe et al. (US 2016/0108158).
Xie et al. teach microporous organic polymers produced using fumaronitrile and divinylbenzene. As shown in Scheme 1 on page 6109 of Xie et al., the disclosed structures fail to meet the structure of the instantly claimed invention. Particularly, the structures of Xie et al. do not contain a styrene or substituted styryl group as required in the instantly claimed structure.
James et al. teach microporous organic polymers produced by reacting a polyethylene glycol copolymer, divinylbenzene, and fumaronitrile.
James et al. fail to teach that the porous polymer comprises a structure meeting the structure of the instantly claimed invention. As shown in Scheme 1 on page 3881, the structures of James et al. do not contain a styrene or substituted styryl group as required in the instantly claimed structure.
Nozoe et al. teach a copolymer including a fumaronitrile residue represented by formula I and an aromatic vinyl monomer residue represented by formula II:
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Wherein in formula II, R1 is a hydrogen atom, a methyl group or a phenyl group, and R2 is a hydrogen atom or a substituted or unsubstituted aryl-group having 6 to 12 carbon atoms and each of R3, R4, R5, R6, and R7 independently represents a hydrogen atom, a halogen atom, a hydroxy-group, an alkoxy-group having 1 to 4 carbon atoms, an acyloxy-group having 2 to 5 carbon atoms, a cyanomethyl group, or an alkyl-group having 1 to 8 carbon atoms, and at least two of R2, R3, and R4 may be bonded to form a ring, and at least two of arbitrary substituents of R3, R4, R5, R6, and R7 may be bonded to form a ring.
Nozoe et al. fails to teach that the structure includes a residue of divinylbenzene, which is required for the instantly claimed structure. Nozoe et al. also fails to disclose that the copolymer is used to produce a porous resin.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to K. B BOYLE whose telephone number is (571)270-7338. The examiner can normally be reached 8:30 am to 5pm, Monday - Friday.
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/K. BOYLE/Primary Examiner, Art Unit 1766