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
Applicant's election with traverse of Group III, claims 39-44, and polyarylenes as the species in the reply filed on 3/2/2026 is acknowledged. The traversal is on the ground(s) that there is no undue burden to search all claims. This is not found persuasive because the different groups related to different inventions, and there is nothing of record to show them as obvious variants, as such there would be an undue burden to search all claims from all groups.
The requirement is still deemed proper and is therefore made FINAL.
Claims 1-38 and 82-83, 85-86 and 88 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 3/2/2026.
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.
Claims 39-44 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Drake et al. (US 20140284850)
Regarding claims 39-43
Drake discloses a method of controlling the cross-linking rate of a cross-linking compound for use in cross-linking an organic polymer (claim 26).
Drake discloses that the polymer is an poly(arylene ether) (i.e., a polyarylene – aromatic polymer matrix material) (claim 34). It is noted that the instant specification discloses that the polymer may be a polyarylene (instant specification paragraph 0017), and is the specifically elected polymer.
Drake discloses a method heat molding the cross-linked organic polymer to forma heat molded article (claim 63).
With respect to the preamble limitation on being - for use in a high end PV end application in which it is subject to a frictional force or used in a tribological system - is an intended use. See Rowe v. Dror, 112 F.3d 473, 478, 42 USPQ2d 1550, 1553 (Fed. Cir. 1997) ("where a patentee defines a structurally complete invention in the claim body and uses the preamble only to state a purpose or intended use for the invention, the preamble is not a claim limitation").
With respect to the limitation of – when cross-linked, remains operable at a PV of at least about 75,000 psi-ft/min – it is noted that this is a property of the formed composition. When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § § 2112- 2112.02.
Regarding claim 44
Drake discloses that the organic polymer may include an additive such as carbon fibers, glass fibers, polytetrafluoroethylene (PTFE) or graphite (para 0028).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES E MCDONOUGH whose telephone number is (571)272-6398. The examiner can normally be reached Mon-Fri 10-10.
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JAMES E. MCDONOUGH
Examiner
Art Unit 1734
/JAMES E MCDONOUGH/Primary Examiner, Art Unit 1734
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