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Claims 14-17 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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) 1-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Becker et al. [“Para-linked aromatic poly(amic ethyl esters) precursors to rodlike aromatic polyimides”, Mater. Dep., Univ. California, Santa Barbara, CA, 93106, USA. Macromolecules (1992), 25 (25), 6784-90].
In the entire article, Becker et al. teach a composition comprising a precursor polyamides para-linked aromatic poly(amic Et esters) prepd. from 2,o-bis (ethoxycarbonyl) terephthaloyl chloride and several substituted 1,4-diaminobenzene and noncoplanar 4,4'-diaminobiphenylene derivatives., in solvents such as DMF or N-methylpyrrolidinone (NMP), wherein the precursor polyamides are consistent with the Formulas 1-3 (See below):
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272
410
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.
Thus, the requirements for rejection under 35 U.S.C. 102(a)(1) are met.
Response to Arguments
Applicant's arguments filed 2/05/2026 have been fully considered but they are not persuasive.
Regarding Becker et al., while applicant argues that the present polyimide-based composition “is copolymerized using three different diamine monomers, namely those represented by Chemical Formulas 1 to 3”, the Examiner understands the language in the claims, “the polyimide precursor comprising repeating units represented by Chemical Formulas 1 to 3” as claiming the repeat units represented by Chemical Formulas 1 to 3 in the alternative. While the claims require Y1 to Y3 to represent different moieties, there is no language in the claims requiring each of the monomers of Formulas 1 to 3 in the polymer, so long as one of the repeating units represented by Chemical Formulas 1 to 3 is present. Contrary to applicants arguments, there is no language in the claim requiring the polyimide precursor to be a copolymer, let alone a terpolymer as argued by applicant.
Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
THIS ACTION IS MADE FINAL. 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 KELECHI CHIDI EGWIM whose telephone number is (571)272-1099. The examiner can normally be reached M-Th 9-7.
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, Robert Jones can be reached at (571) 270-7733. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KELECHI C EGWIM/Primary Examiner, Art Unit 1762
KCE
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