The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
All the references cited in the International Search Report have been considered. None is anticipatory. The most pertinent of these references have been applied below.
Election/Restrictions
The applicant has elected Species IA (claims 1-7 and 10-13) without traverse, and the election of species was further confirmed via telecommunication with Laurent Pirolli on 11/21/2025.
This restriction is made FINAL. See previous action for the reasons of applying restriction.
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.
Claim(s) 11-12 (is)are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 12 fails to define H/C ratio, which is not defined in the specification either. For examination purpose, the claimed ratio is construed as hydrogen/carbon ratio.
Claim 11 recites the limitation of “absence of additional solvent”. There is insufficient antecedent basis for this limitation in the claim, because no solvent is recited in instant claim 1.
Claim Rejections - 35 USC § 103
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 of this title, 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.
Claim(s) 1-7 and 10-13 is (are) rejected under 35 U.S.C. 103(a) as being unpatentable over Otani et al. (US 5017683, listed on ISR and IDS) in view of Gaab et al. (US 20120270731).
As to claim 1, Otani (abs., claims, examples) discloses a process of producing a thermoset resin by polymerizing 64 g (0.5 moles) naphthalene, 110.4 g (0.8 moles) of 1,4-dihydroxymethylbenzene as a crosslinking agent (linker), and 10.4 g (0.046 moles) of 2-naphthalenesulfonic acid monohydrate as an acid catalyst (Ex.1). The mixture was reacted with stirring in a nitrogen stream at 110 °C (first temperature) for 120 min. (first time) to form a B-stage resin (5:55-65). Naphthalene can be derived from aromatic feedstock, such as heavy oils (4:1-17). The B-stage resin be further cured into powder form via extrusion molding (6:50-65, 7:15-25, 8:45-50) at 100-350 °C (second temperature) for 1-15 hrs. (second time).
As to claims 2 and 4, the mixture (Ex.1) is polymerized with stirring in a nitrogen stream at 110 °C (first temperature) for 120 min. (first time) to form a B-stage resin (5:55-65). The forming of B-stage resin (non-crosslinked) indicates the polymerization is conducted before gel point (abrupt increase of viscosity due to crosslinking/curing) is reached.
As to claim 3, the reaction is implied to be carried out at ambient pressure (1.01 bar), as supported by the polymerization pressure disclosed in 5:40-50.
As to claims 1 and 5, The B-stage resin be further cured into powder form via extrusion molding (6:50-65, 7:15-25, 8:45-50) at 100-350 °C (second temperature) for 1-15 hrs. (second time) or at 200 °C for 2 min. (E.1, second time).
As to claims 6-7 and 10, 1,4-dihydroxymethylbenzene meets the claimed structure and is calculated as 60 wt%.(110.4/(110.4+10.4+64) of loading in Ex.1.
As to claim 11, the reaction can be carried in absence of solvent (Ex.1, 5:53).
As to claim 12, the hydrogen/carbon ratio of naphthalene (C₁₀H₈) simplifies to a 4:5 ratio (H:C), or approximately 0.8.
As to claim 13, naphthalene is 100 wt% aromatic.
Otani is silent on the claimed second pressure that is higher than the first pressure (ambient pressure) in claims 1-2.
In the same area of endeavor of producing shaped bodies, such as granules, via melt extrusion molding using a composition comprising naphthalene (claim 3), Gaab (abs., claims, examples, 18, 55) teaches the extrusion molding can be carried out (57) at 100-300 °C and ambient pressure to several 100 bars.
Therefore, as to claims 1-7 and 10-13, it would have been obvious to one of ordinary skill in the art to have modified the process disclosed by Otani and utilized the molding pressure for extrusion (ambient pressure to several 100 bars) as the second pressure to extrude Otani’s B-stage resin in view of Gaab, because the pressure range is well-known and taught by Gaab as a routine laboratory or manufactory process parameters for extrusion molding using a composition comprising naphthalene. Gaab’s pressure range (ambient pressure to several 100 bars) would overlap with the claimed range (second pressure is higher than the first pressure). It has been found that where claimed ranges overlap ranges disclosed by the prior art, a prima facie case of obviousness exists - see MPEP 2144.05.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANE FANG whose telephone number is (571)270-7378. The examiner can normally be reached on Mon-Thurs. 8am-6pm. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski can be reached on 571.572.1302. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SHANE FANG/Primary Examiner, Art Unit 1766