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 without traverse of Group I, claims 1, 2, 4, 5, 9, 10, 12, 16, 19, 23, 24, 26, 27, and 32 in the reply filed on July 6, 2026 is acknowledged.
Claims 34, 39, 42, 55, 60, and 81 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on July 6, 2026.
Claim Rejections - 35 USC § 112
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.
Claims 23, 24, 26 and 27 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.
Regarding claim 23: The moiety R5 in claim 23 can be a hydrogen atom. However, a hydrogen atom can only be monovalent, but one of the R5 moieties must be divalent. It is indefinite how both R5s can be potentially hydrogen in the structures of formula (IIa) and formula (IIb). Further clarification is needed. While withdrawn claim 42 was not examined, the structures have the same issue with moiety R8.
Allowable Subject Matter
Claims 1, 2, 4, 5, 9, 10, 12, 16, 19, and 32 are allowed.
Claims 23, 24, 26, and 27 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Ying et al. (US 2009/0227740) is the closest prior art, which teaches a metallopolymer (para. 7) having a N-heterocyclic carbene metal complex (para. 9) and a nitrogen heterocyclic group that may comprise 1, 2 or 3 nitrogen atoms (para. 7). However, Ying et al. does not disclose a 1,2,3-triazole substituted at one or more of the 1, 4, and 5 positions and conjugated directly or indirectly to the first transition metal. There is no teaching or suggestion found in the prior art to include the specifically claimed substituted triazole in the polymer of Ying et al.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references include the claimed triazole and/or the claimed N-heterocyclic group but are not closer prior art to Ying et al. since if both groups are included, the disclosure is directed to a compound and not a polymer.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Megan McCulley whose telephone number is (571)270-3292. The examiner can normally be reached Monday - Friday 9-5:30.
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/MEGAN MCCULLEY/Primary Examiner, Art Unit 1767
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