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 .
Election/Restrictions
Claims 3, 4, 8-10, 18 and 19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected group, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on October 13, 2025.
Claim Rejections - 35 USC § 112
Claims 1, 2, 5 and 11-15 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.
In claim 1, line 4, the text “at least one” defining the dianhydride component is indefinite in that a mixture of the two recited dianhydrides is now required.
In claim 2, the use of the terms EPN9820, ERL4221, Vikolox 68, Vikolox LD, Epiclon EXA-835LV, Epiclon HP-7200L and DCPD, which are trade names or marks, is noted. The terms should be accompanied by the generic terminology. Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
In claim 13, the term “type” in the recitation “amine type curing agents” is indefinite because it is unclear what curing agents besides amines are encompassed thereby.
Response to Arguments
Applicant’s arguments and amendments filed December 22, 2025 have been fully considered and are persuasive in overcoming the 35 USC 102 and 103 rejections over WO 2019/070499 A1 (Peters) and US 2014/0005344 (Rinker). Specifically, Peters and Rinker fail to teach or suggest the use of the presently claimed dianhydride mixture which additionally includes 5-(2,5-dioxotetrahydrofuryl)-3-methyl-3-cyclohexene-1,2-dicarboxylic anhydride.
Applicant's arguments filed December 22, 2025 have been fully considered but they are not persuasive in overcoming the 35 USC 112 rejection of claim 2. The use of the trade names or marks is indefinite because the terms are not accompanied by the generic terminology.
Allowable Subject Matter
Claims 1, 2, 5 and 11-15 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
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 Ana L Woodward whose telephone number is (571)272-1082. The examiner can normally be reached M-F 8am-5pm.
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/ANA L. WOODWARD/Primary Examiner, Art Unit 1765