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 .
DETAIL ACTION
This office action is a response to an application filed 3/14/2023 claiming foreign priority to 10-2022-0053444 filed 4/29/2022.
As filed, claims 1-17 are pending, wherein claim 1 is an independent claim.
Election/Restrictions
Applicant’s election without traverse of Group I – Claims 1, 2, and 8 in the reply filed on 12/9/2025 is acknowledged.
Claims 3-7 and 9-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/9/2025.
Information Disclosure Statement
The information disclosure statements (IDS)s submitted on 5/27/2023 have been considered by the Examiner.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings of Fig. 1A, 3A-3C, and 6A-6I filed 5/27/2023 are objected to because the texts, numbering, and/or structures are blurry and illegible. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112(b)
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.
Claim 8 is 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.
Regarding claim 8, the claim recites the phrase, “the porphyrin-based covalent organic polymer in which a metal is loaded”, wherein the word, “the”, requires antecedent basis, and it is unclear where applicant has defined “a” porphyrin-based covalent organic polymer in which a metal is loaded. Without antecedent basis, the claim is rendered indefinite.
It appears to the Examiner that the abovementioned phrase is not drawn to the porphyrin-based covalent organic polymer in claim 1 because the polymer in claim 1 is not loaded with a metal.
Claim Interpretation
With regards to the preamble statement, such as “An absorbent”, in claim 8, it has not been accorded patentable weight for prior art purpose because such statement fails to limit the structure of instant formula (1), (2), or (3). Therefore, the Examiner finds that absorbent is synonymous as composition for prior art purpose.
In addition, the Examiner finds that any prior art composition comprising the polymer having the same structure as instant formula (1), (2), or (3) or any prior art composition comprising any porphyrin-based covalent organic polymer in which a metal is loaded would be capable of performing the intended use, according to the guidance in MPEP 2111.02(II).
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 8 is rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by U.S. Patent Application Publication No. 2015/0005464, hereinafter Vail.
Regarding claim 8, Vail, for instance, recites a matrix (i.e. composition) that contains solvent(s)/surfactant, substrate, and a porphyrin polymer loaded with Zinc, as shown below. All of which meet all the limitations of the claim.
PNG
media_image1.png
350
455
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Greyscale
(Figure 5A)
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168
382
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Greyscale
(pg. 5, paragraph 0059)
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818
742
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Greyscale
(Fig. 4)
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268
394
media_image4.png
Greyscale
(pg. 4, paragraph 0054)
Allowable Subject Matter
Claims 1 and 2 are allowed.
Conclusion
Claim 8 is rejected.
Claims 1 and 2 are allowed.
Claims 3-7 and 9-17 are withdrawn.
Telephone Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PO-CHIH CHEN whose telephone number is (571)270-7243. The examiner can normally be reached Monday - Friday 10:00 am to 6:00 pm.
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, Clinton Brooks can be reached at (571)270-7682. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PO-CHIH CHEN/Primary Examiner, Art Unit 1621