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 Species group A: claim 3 and species group B: claim 9 in the reply filed on 11/10/2025 is acknowledged. The traversal is on the grounds that electing a single option from species Grouping A and a single option from Species Grouping B will not allow for the election of a single compound that defines all substituents R1-R10 in paragraph 1-2 of page 2 of Response to Election/Restriction (such as the structure shown on page 4). Applicant notes they are not independent or distinct because they overlap in scope in paragraph 3-4 of page 2.
This is not found persuasive and the examiner respectfully disagrees because while there may be one compound that can be jointly read on by multiple of the claims, the overlap is so minimal and the species are so broad, that they may be considered distinct. For example, while claims 3 and 4 both share R1, R3, R4, R6, and R9 are hydrogen, R2, R5, R7, R8, and R10 may vary dramatically given the claim limitations. There are hundreds of possible compounds, given the claim limitations of claim 1 that may read on claim 3 and not claim 4 or vice versa. This results in an extensive search burden. This reasoning is consistent between the rest of the species in the traversed species groupings.
Additionally, the species restriction does not limit the claims so that the compound shown on page 4 cannot read on the claims. The restriction between the species is because the differing species claims, that are independent of each other, are so broad and distinct that it creates a significant search burden. The restriction requirement does not limit the scope of the individual species claims because they are independent from each other. If the applicant wishes to limit the scope of the claims to require the specific structure shown on page 4, not just as an optional species within a list, they may amend the elected claims. It is worthwhile to note however that the examiner addressed the structure shown on page 4 of the Response to Election/Restriction in the rejection below.
For the above reason, applicant’s argument is not found persuasive.
The requirement is still deemed proper and is therefore made FINAL.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the word count is less than 50 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Appropriate correction is required.
The use of the terms TEGO in Para. 86-89, Desmodur in Para. 86-89, Covestro in Para. 86-89, Atlas Weather-Ometer in Para. 92, and Kuraray in Para 92 of the instant specification are trade name(s) or a mark(s) used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore, the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
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.
Claim Objections
Claims 1, 9, 10, and 12 are objected to because of the following informalities:
Regarding claim 1, lines 5 and 8 notes species of OR11, in which R11 is independently H or alkyl, and alkoxy. As best understood an OR11 in which R11 is an alkyl is an alkoxy group. Therefore, the species appear to be repeating themselves. The examiner requests correction or further clarification.
Regarding claim 1, claim 9, 10, and 12, line 15 of claim 1 refers to R15 is an alkyl or alkylhydroxy, line 8 of claim 9, line 6 of claim 10, and line 4 of claim 12 refers to R15 may be alkyl or alkylhydroxyl. It is best understood that alkylhydroxy and alkylhydroxyl are synonymous in the art, however the examiner requests for one term to be used for consistency or for further clarification.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3, 9, 10, 12, and 15-20 rejected under 35 U.S.C. 103 as being unpatentable over Theiste et al. (US 2020/0050070 A1). This was cited in the IDS filed 7/6/2025.
Regarding claim 1, Theiste et al. teaches a compound represented by:
PNG
media_image1.png
111
159
media_image1.png
Greyscale
(see e.g.
PNG
media_image2.png
271
175
media_image2.png
Greyscale
in which E may be NR10 in Para. 24)
wherein:
R1, R2, R3, R4, R6, R7, R8, and R9 are each independently H, F, Cl, Br, I,
CF3, CN, OR11, SR11, NO2, alkyl, alkoxy, aryl, heteroaryl, amino, or ammonium, or any two adjacent groups of R3, R4, R8, and R9 may join to form a monocyclic, polycyclic, or heterocyclic group (see e.g. R2-R9 of the Theiste stricture are individually H, F, Cl, Br, I, CF3, CN, OR11, SR11, NO2, alkyl, alkoxy, aryl, heteroaryl, amino, or ammonium, or any two adjacent groups of R2-R9 may join to form a monocyclic, polycyclic, or heterocyclic group in Para. 24. R2-R9 match up to R1-R4 and R6-R9 of the claimed structure);
each R11 is independently H or alkyl (see e.g. R11 is individually H or alkyl
in Para. 24);
R5 and R10 are independently represented by (see e.g. R1 and where E may be NR10 in Para. 24):
-L1-A-L2-OR14 (see e.g. R1 and R10 of any of the compounds
of Theiste et al. may be
PNG
media_image3.png
95
224
media_image3.png
Greyscale
in Para. 25);
each L1 is independently an C1-C8 alkylene group (see e.g. the
(CH2)n, an alkylene by its lack of double bonds and two points of attachment, to the very left of the structure above and also in Para. 25 in which n may be an integer between 1-12, overlapping the claimed range in a prima facie case of obviousness (see MPEP 2144.05));
each L2 is independently an C1-C8 alkylene group (see e.g. the
(CH2)n, an alkylene by its lack of double bonds and two points of attachment, to the right of the N+ in the structure above and also in Para. 25 in which x may be an integer between 1-12, overlapping the claimed range in a prima facie case of obviousness (see MPEP 2144.05));
each R14 is H or alkyl (see e.g. the H after the O to the very right of the structure above and in Para. 25);
A is an ammonium group represented by -N(R15)2+- (see e.g. the N+ in the center of the structure with branching R15 and R16 as shown in the structure above and in Para. 25);
each R15 is alkyl or alkylhydroxy (see R15 and R16 may be alkyl in Para. 25 and alkyl is defined in the prior art so that it may include a substituent of a hydroxyl group in Para. 9); or
-L3-OR16 (the structure of R5 and R10 has been met by the other species);
each L3 is independently an C1-C8 alkylene group (the structure of R5 and R10 has been met by the other species); and
each R16 is H or alkyl (the structure of R5 and R10 has been met by the other species); and
at least one of R2, R3, R7, and R8 is a sterically hindered group (see e.g. R3, R4, R7, and R8 of the structure of Theiste may individually be an alkyl group in Para. 24 and an alkyl group is defined in the prior art in Para. 10 as including t-butyl, isopropyl, sec-butyl, isopentyl, and neopentyl as well as branched and comprising 1-12 carbons overlapping the claimed structures of isobutyl, 2-ethyl butyl, and 2-ethyl hexyl in a prima face case of obviousness (see MPEP 2144.05) because of the overlapping carbon range. The instant claim 2 defines these as sterically hindered structures).
Regarding claim 2, Theiste et al. teaches wherein the sterically hindered group is selected from tertiary butyl, isobutyl, isopropyl, 2-ethyl butyl, 2-ethyl hexyl, sec-butyl, isopentyl, and neopentyl (see e.g. R3, R4, R7, and R8 of the structure of Theiste may individually be an alkyl group in Para. 24 and an alkyl group is defined in the prior art in Para. 10 as including t-butyl, isopropyl, sec-butyl, isopentyl, and neopentyl as well as branched and comprising 1-12 carbons meeting isobutyl, 2-ethyl butyl, and 2-ethyl hexyl because it overlaps the claimed carbon range in a prima facie case of obviousness (see MPEP 2144.05).
Regarding claim 3, Theiste et al. teaches wherein R1, R3, R4, R6, R8, and R9 are each H (see e.g. R2, R4, R5, R6, R8, and R9 of the structure of Theiste et al. that matches these identified R groups may each be H in Para. 24).
Regarding claim 9, Theiste et al. teaches wherein at least one of R5 and R10 are independently represented by (see e.g. R1 and where E may be NR10 in Para. 24):
-L1-A-L2-OR14 (see e.g. R1 and R10 of any of the compounds
of Theiste et al. may be
PNG
media_image3.png
95
224
media_image3.png
Greyscale
in Para. 25);
each L1 is independently an C1, C2, C3, C4, C5, C6, C7, or C8 alkylene
group (see e.g. the (CH2)n, an alkylene by its lack of double bonds and two points of attachment, to the very left of the structure above and also in Para. 25 in which n may be an integer between 1-12, overlapping the claimed range in a prima facie case of obviousness (see MPEP 2144.05));
each L2 is independently an C1, C2, C3, C4, C5, C6, C7, or C8 alkylene
group (see e.g. the (CH2)n, an alkylene by its lack of double bonds and two points of attachment, to the right of the N+ in the structure above and also in Para. 25 in which x may be an integer between 1-12, overlapping the claimed range in a prima facie case of obviousness (see MPEP 2144.05));
each R14 is H or alkyl (see e.g. the H after the O to the very right of the
structure above and in Para. 25);
A is an ammonium group represented by -N(R15)2+- (see e.g. the N+ in the
center of the structure with branching R15 and R16 as shown in the structure above and in Para. 25); and
each R15 is C1-C8 alkyl or C1-C8 alkylhydroxyl (see R15 and R16 may be
alkyl in Para. 25 and alkyl is defined in the prior art so that it may include a substituent of a hydroxyl group in Para. 9. The alkyl may have up to 20 but typically 12 carbons in Para. 9 which overlaps the claimed ranges in a prima facie case of obviousness (see MPEP 2144.05)).
Regarding claim 10, Theiste et al. teaches:
each L1 is independently an C2 or C4 alkylene group (see e.g. the (CH2)n,
an alkylene by its lack of double bonds and two points of attachment, to the very left of the structure above and also in Para. 25 in which n may be an integer between 1-12, overlapping the claimed values of 2 or 4 in a prima facie case of obviousness (see MPEP 2144.05));
each L2 is independently an C3 alkylene group (see e.g. the (CH2)n, an
alkylene by its lack of double bonds and two points of attachment, to the right of the N+ in the structure above and also in Para. 25 in which x may be an integer between 1-12, overlapping the claimed value of 3 in a prima facie case of obviousness (see MPEP 2144.05));;
each R14 is H (see e.g. the H after the O to the very right of the
structure above and in Para. 25);
A is an ammonium group represented by -N(R15)2+- (see e.g. the N+ in the
center of the structure with branching R15 and R16 as shown in the structure above and in Para. 25); and
each R15 is C1 alkyl or C2 alkylhydroxyl (see R15 and R16 may be
alkyl in Para. 25 and alkyl is defined in the prior art so that it may include a substituent of a hydroxyl group in Para. 9. The alkyl may have up to 20 but typically 12 carbons in Para. 9 which overlaps the claimed values of 1 or 2 in a prima facie case of obviousness (see MPEP 2144.05)).
Regarding claim 12, Theiste et al. teaches:
n is 2 or 4 (see where n may be an integer between
1-12 in Para. 25, overlapping the claimed values of 2 and 4 in a prima facie case of obviousness (see MPEP 2144.05));
x is 3 (see where x may be an integer between
1-12 in Para. 25, overlapping the claimed value of 3 in a prima facie case of obviousness (see MPEP 2144.05)); and
each R15 is independently C1 alkyl or C2 alkylhydroxyl (see R15 and R16
may be alkyl in Para. 25 and alkyl is defined in the prior art so that it may include a substituent of a hydroxyl group in Para. 9. The alkyl may have up to 20 but typically 12 carbons in Para. 9 which overlaps the claimed values of 1 or 2 in a prima facie case of obviousness (see MPEP 2144.05)).
Regarding claim 15, wherein the compound is ammonium salt with an anion (see e.g. for any of the viologens described, the counterion (anion) may be in Para. 22. Considering the viologen anodic material noted in Para. 23-25 is ammonium-based by the N+, of which is a cation, and is described to have an anion, thus making it an ammonium salt because of the anion and cation) comprising F-, Cl-, Br-, I-, BF4-, PF6-, SbF6-, AsF6-, ClO4-, SO3CF3-, N(CF3SO2)2-, C(CF3SO2)3-, N(SO2C2F5)2-, Al(OC(CF3)3)4-, BAr4-, or mixtures of anions thereof (the anion may be F-, Cl-, Br-, I-, BF4-, PF6-, SbF6-, AsF6-, ClO4-, SO3CF3-, N(CF3SO2)2-, C(CF3SO2)3-, N(SO2C2F5)2-, BAr4-, and may be a mixture of those listed in Para. 22),
wherein Ar is an aryl or fluorinated aryl group (see e.g. wherein Ar is an aryl or a fluorinated aryl in Para. 22).
Regarding claim 16, Theiste et al. teaches wherein the compound is:
PNG
media_image4.png
1
1
media_image4.png
Greyscale
(see e.g.
PNG
media_image2.png
271
175
media_image2.png
Greyscale
in which E may be NR10 in Para. 24. R2, R4, R5, R6, R8, and R9 may be H in Para. 24 and R3 and R7 may be alkyl in para. 24. Para. 10 notes alkyl may be t-butyl. R1 and R10 of any of the compounds of Theiste et al. may be
PNG
media_image3.png
95
224
media_image3.png
Greyscale
in Para. 25. The CH2 maps to the allylenes shown between the two Ns and the alkylenes between the N+ and OH. n may be an integer between 1-12 in Para. 25, overlapping the claimed value of 4 in a prima facie case of obviousness. x may be an integer between 1-12 in Para. 25, overlapping the claimed value of 3 in a prima facie case of obviousness. R15 and R16 may be alkyl in Para. 25 and alkyl is defined as typically having 1-12 carbons in Para. 9 which overlaps the claimed value of 1 in a prima facie case of obviousness (see MPEP 2144.05)).
Theiste et al. teaches wherein the compound may is:
PNG
media_image4.png
1
1
media_image4.png
Greyscale
(see e.g.
PNG
media_image2.png
271
175
media_image2.png
Greyscale
in which E may be NR10 in Para. 24. R2, R3, R5, R6, R8, and R9 may be H in Para. 24 and R4 and R7 may be alkyl in para. 24. Para. 10 notes alkyl may be t-butyl. R1 and R10 of any of the compounds of Theiste et al. may be
PNG
media_image3.png
95
224
media_image3.png
Greyscale
in Para. 25. The CH2 maps to the allylenes shown between the two Ns and the alkylenes between the N+ and OH. n may be an integer between 1-12 in Para. 25, overlapping the claimed value of 4 in a prima facie case of obviousness. x may be an integer between 1-12 in Para. 25, overlapping the claimed value of 3 in a prima facie case of obviousness. R15 and R16 may be alkyl in Para. 25 and alkyl is defined as typically having 1-12 carbons in Para. 9 which overlaps the claimed value of 1 in a prima facie case of obviousness (see MPEP 2144.05)).
Theiste et al. teaches wherein the compound may be:
PNG
media_image4.png
1
1
media_image4.png
Greyscale
(see e.g.
PNG
media_image2.png
271
175
media_image2.png
Greyscale
in which E may be NR10 in Para. 24. R2, R4, R5, R6, R8, and R9 may be H in Para. 24 and R3 and R7 may be alkyl in para. 24. Para. 10 notes alkyl may be t-butyl. R1 and R10 of any of the compounds of Theiste et al. may be
PNG
media_image3.png
95
224
media_image3.png
Greyscale
in Para. 25. The CH2 maps to the allylenes shown between the two Ns and the alkylenes between the N+ and OH. n may be an integer between 1-12 in Para. 25, overlapping the claimed value of 2 in a prima facie case of obviousness. x may be an integer between 1-12 in Para. 25, overlapping the claimed value of 3 in a prima facie case of obviousness. R15 and R16 may be alkyl in Para. 25 and alkyl is defined as typically having 1-12 carbons in Para. 9 which overlaps the claimed value of 1 in a prima facie case of obviousness (see MPEP 2144.05)).
Theiste et al. teaches where the compound may be:
PNG
media_image4.png
1
1
media_image4.png
Greyscale
(see e.g.
PNG
media_image2.png
271
175
media_image2.png
Greyscale
in which E may be NR10 in Para. 24. R2, R3, R5, R6, R8, and R9 may be H in Para. 24 and R4 and R7 may be alkyl in para. 24. Para. 10 notes alkyl may be t-butyl. R1 and R10 of any of the compounds of Theiste et al. may be
PNG
media_image3.png
95
224
media_image3.png
Greyscale
in Para. 25. The CH2 maps to the allylenes shown between the two Ns and the alkylenes between the N+ and OH. n may be an integer between 1-12 in Para. 25, overlapping the claimed value of 2 in a prima facie case of obviousness. x may be an integer between 1-12 in Para. 25, overlapping the claimed value of 3 in a prima facie case of obviousness. R15 and R16 may be alkyl in Para. 25 and alkyl is defined as typically having 1-12 carbons in Para. 9 which overlaps the claimed value of 1 in a prima facie case of obviousness (see MPEP 2144.05)).
PNG
media_image5.png
29
23
media_image5.png
Greyscale
(other species were met by Theiste et al.).
Theiste et al. teaches where the compound may be:
PNG
media_image6.png
4
2
media_image6.png
Greyscale
(see e.g.
PNG
media_image2.png
271
175
media_image2.png
Greyscale
in which E may be NR10 in Para. 24. R2, R4, R5, R6, R8, and R9 may be H in Para. 24 and R3 and R7 may be alkyl in para. 24. Para. 10 notes alkyl may be t-butyl. R1 and R10 of any of the compounds of Theiste et al. may be
PNG
media_image3.png
95
224
media_image3.png
Greyscale
in Para. 25. The CH2 maps to the allylenes shown between the two Ns and the alkylenes between the N+ and OH. n may be an integer between 1-12 in Para. 25, overlapping the claimed value of 4 in a prima facie case of obviousness. x may be an integer between 1-12 in Para. 25, overlapping the claimed value of 2 in a prima facie case of obviousness. R15 and R16 may be alkyl in Para. 25 and alkyl is defined as typically having 1-12 carbons in Para. 9 which overlaps the claimed value of 2 in a prima facie case of obviousness. The alkyl may be substituted at any hydrogen bond with a hydroxy group as defined in Para. 9-10, thus encompassing the claimed structure).
Theiste et al. teaches where the compound may be:
PNG
media_image6.png
4
2
media_image6.png
Greyscale
(see e.g.
PNG
media_image2.png
271
175
media_image2.png
Greyscale
in which E may be NR10 in Para. 24. R2, R3, R5, R6, R8, and R9 may be H in Para. 24 and R4 and R7 may be alkyl in para. 24. Para. 10 notes alkyl may be t-butyl. R1 and R10 of any of the compounds of Theiste et al. may be
PNG
media_image3.png
95
224
media_image3.png
Greyscale
in Para. 25. The CH2 maps to the allylenes shown between the two Ns and the alkylenes between the N+ and OH. n may be an integer between 1-12 in Para. 25, overlapping the claimed value of 4 in a prima facie case of obviousness. x may be an integer between 1-12 in Para. 25, overlapping the claimed value of 2 in a prima facie case of obviousness. R15 and R16 may be alkyl in Para. 25 and alkyl is defined as typically having 1-12 carbons in Para. 9 which overlaps the claimed value of 2 in a prima facie case of obviousness. The alkyl may be substituted at any hydrogen bond with a hydroxy group as defined in Para. 9-10, thus encompassing the claimed structure).
Theiste et al. teaches where the compound may be:
PNG
media_image6.png
4
2
media_image6.png
Greyscale
(see e.g.
PNG
media_image2.png
271
175
media_image2.png
Greyscale
in which E may be NR10 in Para. 24. R2, R4, R5, R6, R8, and R9 may be H in Para. 24 and R3 and R7 may be alkyl in para. 24. Para. 10 notes alkyl may be t-butyl. R1 and R10 of any of the compounds of Theiste et al. may be
PNG
media_image3.png
95
224
media_image3.png
Greyscale
in Para. 25. The CH2 maps to the allylenes shown between the two Ns and the alkylenes between the N+ and OH. n may be an integer between 1-12 in Para. 25, overlapping the claimed value of 4 in a prima facie case of obviousness. x may be an integer between 1-12 in Para. 25, overlapping the claimed value of 2 in a prima facie case of obviousness. R15 and R16 may be individually alkyl in Para. 25 and alkyl is defined as typically having 1-12 carbons in Para. 9 which overlaps the claimed value of 1 and 2 in a prima facie case of obviousness. The alkyl may be substituted at any hydrogen bond with a hydroxy group as defined in Para. 9-10, thus encompassing the claimed structure).
Theiste et al. teaches where the compound may be:
PNG
media_image6.png
4
2
media_image6.png
Greyscale
(see e.g.
PNG
media_image2.png
271
175
media_image2.png
Greyscale
in which E may be NR10 in Para. 24. R2, R3, R5, R6, R8, and R9 may be H in Para. 24 and R4 and R7 may be alkyl in para. 24. Para. 10 notes alkyl may be t-butyl. R1 and R10 of any of the compounds of Theiste et al. may be
PNG
media_image3.png
95
224
media_image3.png
Greyscale
in Para. 25. The CH2 maps to the allylenes shown between the two Ns and the alkylenes between the N+ and OH. n may be an integer between 1-12 in Para. 25, overlapping the claimed value of 4 in a prima facie case of obviousness. x may be an integer between 1-12 in Para. 25, overlapping the claimed value of 2 in a prima facie case of obviousness. R15 and R16 may be individually alkyl in Para. 25 and alkyl is defined as typically having 1-12 carbons in Para. 9 which overlaps the claimed values of 1 and 2 in a prima facie case of obviousness. The alkyl may be substituted at any hydrogen bond with a hydroxy group as defined in Para. 9-10, thus encompassing the claimed structure).
Theiste et al. teaches where the compound may be:
PNG
media_image7.png
9
6
media_image7.png
Greyscale
(see e.g.
PNG
media_image2.png
271
175
media_image2.png
Greyscale
in which E may be NR10 in Para. 24. R2, R4, R5, R6, R7, R8, and R9 may be H in Para. 24 and R3 may be alkyl in para. 24. Para. 10 notes alkyl may be t-butyl. R1 and R10 of any of the compounds of Theiste et al. may be
PNG
media_image3.png
95
224
media_image3.png
Greyscale
in Para. 25. The CH2 maps to the allylenes shown between the two Ns and the alkylenes between the N+ and OH. n may be an integer between 1-12 in Para. 25, overlapping the claimed value of 4 in a prima facie case of obviousness. x may be an integer between 1-12 in Para. 25, overlapping the claimed value of 3 in a prima facie case of obviousness. R15 and R16 may be alkyl in Para. 25 and alkyl is defined as typically having 1-12 carbons in Para. 9 which overlaps the claimed value of 1 in a prima facie case of obviousness (see MPEP 2144.05)).
Theiste et al. teaches where the compound may be:
PNG
media_image7.png
9
6
media_image7.png
Greyscale
(see e.g.
PNG
media_image2.png
271
175
media_image2.png
Greyscale
in which E may be NR10 in Para. 24. R2, R3, R5, R6, R8, and R9 may be H in Para. 24 and R4 and R7 may be individually alkyl in para. 24. Para. 10 notes alkyl may be t-butyl or a C1-C20 or typically C1-C12 alkyl which overlaps the claimed value of 1 in a prima facie case of obviousness. R1 and R10 of any of the compounds of Theiste et al. may be
PNG
media_image3.png
95
224
media_image3.png
Greyscale
in Para. 25. The CH2 maps to the allylenes shown between the two Ns and the alkylenes between the N+ and OH. n may be an integer between 1-12 in Para. 25, overlapping the claimed value of 4 in a prima facie case of obviousness. x may be an integer between 1-12 in Para. 25, overlapping the claimed value of 3 in a prima facie case of obviousness. R15 and R16 may be alkyl in Para. 25 and alkyl is defined as typically having 1-12 carbons in Para. 9 which overlaps the claimed value of 1 in a prima facie case of obviousness (see MPEP 2144.05)).
Theiste et al. teaches where the compound may be:
PNG
media_image7.png
9
6
media_image7.png
Greyscale
(see e.g.
PNG
media_image2.png
271
175
media_image2.png
Greyscale
in which E may be NR10 in Para. 24. R2, R3, R5, R7, R8, and R9 may be H in Para. 24 and R4 and R6 may be individually alkyl in para. 24. Para. 10 notes alkyl may be t-butyl or a C1-C20 or typically C1-C12 alkyl which overlaps the claimed value of 1 in a prima facie case of obviousness. R1 and R10 of any of the compounds of Theiste et al. may be
PNG
media_image3.png
95
224
media_image3.png
Greyscale
in Para. 25. The CH2 maps to the allylenes shown between the two Ns and the alkylenes between the N+ and OH. n may be an integer between 1-12 in Para. 25, overlapping the claimed value of 4 in a prima facie case of obviousness. x may be an integer between 1-12 in Para. 25, overlapping the claimed value of 3 in a prima facie case of obviousness. R15 and R16 may be alkyl in Para. 25 and alkyl is defined as typically having 1-12 carbons in Para. 9 which overlaps the claimed value of 1 in a prima facie case of obviousness (see MPEP 2144.05)).
Regarding claim 17, Theiste et al. teaches an energy storage device (see e.g. energy storage device in Para. 18) comprising:
a cathodic material (see e.g. cathodic material in Para. 18); and
an anodic material (see e.g. anodic material in Para. 18);
wherein:
the cathodic material comprises a viologen covalently attached to,
or confined within, a first polymer matrix, the first polymer matrix configured to prevent or minimize substantial diffusion of the cathodic material (see e.g. the cathodic material may be a viologen covalently attached to, or confined within, a first polymer matrix, the first polymer matrix configured to prevent or minimize substantial diffusion of the cathodic material in the activated state in Para. 18); and
the anodic material comprises a phenazine compound (see e.g. the
anodic material is a phenazine in Para. 3 and 23) of claim 1 (see 103 rejection of claim 1 above and Para. 9-10 and 24-25) covalently attached to, or confined within, a second polymer matrix, the second polymer matrix configured to prevent or minimize substantial diffusion of the anodic material (see e.g. covalently attached to, or confined within, the second polymer matrix, the second polymer matrix configured to prevent or minimize substantial diffusion of the anodic material in the activated state in Para. 23).
Regarding claim 18, Theiste et al. teaches an energy storage device (see e.g. energy storage device in Para. 19) comprising:
a first cell comprising an anodic material (see e.g. a first cell including an anodic material in Para. 19);
a second cell comprising a cathodic material (see e.g. a second cell including a cathodic material in Para. 19);
a porous separator isolating the first cell from the second cell (see e.g. a porous separator isolating the first cell from the second cell); and
wherein:
the anodic material comprises the compound of claim 1 (see 103 rejection of claim 1 above and Para. 9-10 and 24-25); and
the cathodic material comprises a viologen (see e.g. the cathodic material may be a viologen in Para. 22).
Regarding claim 19, Theiste et al. teaches further comprising an electrolyte comprising a solvent and a metal salt or an ammonium salt (see e.g. the electrolyte may include a solvent and a salt. The salt may be a metal salt or an ammonium salt in Para. 31).
Regarding claim 20, Theiste et al. teaches wherein the separator comprises an ion exchange membrane or a size-exclusion membrane (see e.g. the separator includes an ion exchange membrane or a size-exclusion membrane in Para. 19).
Claims 1 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Geigle et al. (US 2023/0095542 A1).
Regarding claim 1, Geigle et al. teaches a compound represented by:
PNG
media_image1.png
111
159
media_image1.png
Greyscale
(see e.g. general formula (2) b
PNG
media_image8.png
119
204
media_image8.png
Greyscale
in Para. 375)
wherein:
R1, R2, R3, R4, R6, R7, R8, and R9 are each independently H, F, Cl, Br,
I, CF3, CN, OR11, SR11, NO2, alkyl, alkoxy, aryl, heteroaryl, amino, or ammonium, or any two adjacent groups of R3, R4, R8, and R9 may join to form a monocyclic, polycyclic, or heterocyclic group (see e.g. R1-R10 in General Formula 2 in Para. 378 may be independently selected from -H, -F, -Cl, -Br, -OGa where Ga is an alkyl, -OH, -CN, alkyl, aryl, heteroaryl, or an amine group in Para. 383-384). ;
each R11 is independently H or alkyl (see OR11 is met by -OGa which may
be an alkyl or met by -OH in Para. 383-384);
R5 and R10 (see R9 and R10 of the 2b structure in Para. 375) are
independently represented (see R1-R10 of general formula 2 which includes R9 and R10 may be independently represented in Para. 378) by:
-L1-A-L2-OR14;
each L1 is independently an C1-C8 alkylene group;
each L2 is independently an C1-C8 alkylene group;
each R14 is H or alkyl; A is an ammonium group represented
by -N(R15)2+-;
each R15 is alkyl or alkylhydroxy; or
-L3-OR16 (see -AlkylGa of which Ga may be an alkyl in Para. 383-
384);
each L3 is independently an C1-C8 alkylene group (see the alkyl of the -AlkylGa would be attached to the N+ and the Ga of R9 and R10, rendering it an alkylene in the 2b structure in Para. 375 and 383. Alkyl is described as being linear CnH2n-o in Para. 391 where n may be an integer between 1-10 in Para. 398, overlapping the claimed range in a prima facie case of obviousness (see MPEP 2144.05)); and
each R16 is H or alkyl (see Ga may be -OH or -Oalkyl in Para. 386); and
at least one of R2, R3, R7, and R8 is a sterically hindered group (see e.g. R2, R3, R6, and R7 may be alkyls in Para. 378 and 383 in which the alkyl may be branched in Para. 391 and have a carbon count of an integer between 1-10, encompassing sterically hindered groups such as tert-butyl as noted in Para. 318 because it overlaps the claimed range in a prima facie case of obviousness (see MPEP 2144.05)).
Regarding claim 16, Geigle et al. teaches the compound:
PNG
media_image5.png
29
23
media_image5.png
Greyscale
(see e.g. general formula (2) b
PNG
media_image8.png
119
204
media_image8.png
Greyscale
in Para. 375. R1, R3, R4, R5, R7, and R8 may be H in Para. 378 and 383. R2 and R6 may be branched alkyls with a carbon number of integers between 1-10 in Para. 378, 383, 391, and 398 such as tert-butyl as noted in Para. 318. R9 and R10 may be -alkylGa in Para. 378 and 383 of which the carbon number of the straight alkyl in Para. 391 may be an integer between 1-10, such as 3 in Para. 398 and Ga may be OH in Para. 385-386. The carbon range of integers between 1-10 overlaps the claimed value of 3 in a prima facie case of obviousness (see MPEP 2144.05)).
Geigle et al. teaches the composition may be:
PNG
media_image5.png
29
23
media_image5.png
Greyscale
(see e.g. general formula (2) b
PNG
media_image8.png
119
204
media_image8.png
Greyscale
in Para. 375. R1, R2, R4, R5, R7, and R8 may be H in Para. 378 and 383. R3 and R6 may be branched alkyls with a carbon number of integers between 1-10 in Para. 378, 383, 391, and 398 such as tert-butyl as noted in Para. 318. R9 and R10 may be -alkylGa in Para. 378 and 383 of which the carbon number of the straight alkyl in Para. 391 may be an integer between 1-10, such as 3 in Para. 398 and Ga may be OH in Para. 385-386. The carbon range of integers between 1-10 overlaps the claimed value of 3 in a prima facie case of obviousness (see MPEP 2144.05)). Geigle et al. teaches the composition may be:
PNG
media_image5.png
29
23
media_image5.png
Greyscale
(see e.g. general formula (2) b
PNG
media_image8.png
119
204
media_image8.png
Greyscale
in Para. 375. R1, R3, R4, R5, R7, and R8 may be H in Para. 378 and 383. R2 and R6 may be branched alkyls with a carbon number of integers between 1-10 in Para. 378, 383, 391, and 398 such as tert-butyl as noted in Para. 318. R9 and R10 may be -alkylGa in Para. 378 and 383 of which the carbon number of the straight alkyl in Para. 391 may be an integer between 1-10, such as 3 in Para. 398 and Ga may be OH in Para. 385-386. The carbon range of integers between 1-10 overlaps the claimed value of 6 in a prima facie case of obviousness (see MPEP 2144.05)).
Geigle et al. teaches the composition may be:
PNG
media_image5.png
29
23
media_image5.png
Greyscale
(see e.g. general formula (2) b
PNG
media_image8.png
119
204
media_image8.png
Greyscale
in Para. 375. R1, R2, R4, R5, R7, and R8 may be H in Para. 378 and 383. R3 and R6 may be branched alkyls with a carbon number of integers between 1-10 in Para. 378, 383, 391, and 398 such as tert-butyl as noted in Para. 318. R9 and R10 may be -alkylGa in Para. 378 and 383 of which the carbon number of the straight alkyl in Para. 391 may be an integer between 1-10, such as 3 in Para. 398 and Ga may be OH in Para. 385-386. The carbon range of integers between 1-10 overlaps the claimed value of 6 in a prima facie case of obviousness (see MPEP 2144.05)).
PNG
media_image4.png
1
1
media_image4.png
Greyscale
:
PNG
media_image4.png
1
1
media_image4.png
Greyscale
PNG
media_image4.png
1
1
media_image4.png
Greyscale
PNG
media_image4.png
1
1
media_image4.png
Greyscale
PNG
media_image6.png
4
2
media_image6.png
Greyscale
PNG
media_image6.png
4
2
media_image6.png
Greyscale
:
PNG
media_image6.png
4
2
media_image6.png
Greyscale
:
PNG
media_image7.png
9
6
media_image7.png
Greyscale
:
PNG
media_image7.png
9
6
media_image7.png
Greyscale
PNG
media_image7.png
9
6
media_image7.png
Greyscale
(Geigle et al. taught previous species so the remaining species were not required to be taught to meet the claim limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20150346573 A1 teaches a phenazine compound.
US 20020141032 A1 teaches a phenazine compound.
WO 2020035138 A1 teaches a phenazine compound.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE J METZGER whose telephone number is (571)272-0170. The examiner can normally be reached Monday - Thursday (1st week) or Monday - Friday (2nd week) 7:30am-5:00am - 9-day biweekly schedule.
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, Tong Guo can be reached at 571-272-3066. 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.
/KATHERINE J METZGER/Examiner, Art Unit 1723
/TONG GUO/Supervisory Patent Examiner, Art Unit 1723