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/Restriction
Claim 1, Group I, claims 20 and 21, Group III, and claim 22, Group IV, are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/18/26. Claims 2-14 and 16, directed to the Invention of Group I, have been canceled.
Applicant’s election without traverse of claims 17-19, Group II, in the reply filed on 5/18/26 is acknowledged. As stated by applicant, claims 17-19 have been canceled and rewritten as new claims 28-30. New claims 31-43 are directed to the invention of Group II.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The instant claims contain the transitional phrase “comprising”. Per MPEP 2111.03 ‘The transitional term “comprising”, which is synonymous with “including,” “containing,” or “characterized by,” is inclusive or open-ended and does not exclude additional, unrecited elements or method steps'. This open-ended definition has been taken into consideration in the following rejections.
Claims 28-43 are rejected under 35 U.S.C. 103 as being unpatentable over “Copper immobilized ferromagnetic nanoparticles triazine dendrimer (FMNP@TD-Cu(II))-catalyzed regioselective synthesis of 1,4-disubstituted 1,2,3-triazoles” by Bahrami et al. (hereinafter Bahrami), provided by applicant in the IDS filed 4/2/26 in view of “Supported ionic liquids on non-porous and porous inorganic materials-A topical review” by Selvam et al. (hereinafter Selvam).
Regarding claim 28, Bahrami discloses a polymeric product comprising:
a polymeric matrix (polymer support, page 3447, para 3); and
a magnetic nanocomposite material (Schemes 1 and 2, page 3448) comprising:
a core formed from a magnetic nanoparticle (Fe3O4, page 3452, section 4.2);
a shell surrounding the magnetic nanoparticle (SiO2, page 3452, section 4.3), which shell comprises a plurality of anchoring elements (APTS, page 3452, section 4.4);
a plurality of dendrons (triazine), each covalently bonded to one of the anchoring elements, each dendron comprising a first non-final generation constitutional repeating unit, a plurality of final generation (G2) constitutional repeating units, where the plurality of final generation constitutional repeating units comprise a plurality of end groups, each end group comprising at least two functional groups capable of chelating to a metal ion (page 3453, section 4.5); and
a plurality of metal ions, Cu²⁺, where each metal ion is chelated to at least one of the plurality of end groups (page 3453, section 4.6).
The reference teaches a polymeric matrix (polymer support) for the nanocomposite (catalyst, page 3447, para 3) but does not further disclose the polymer and is silent regarding the polymer as obtained from at least one monomeric material having a vinyl group.
However, Selvam (reference 3a cited in Bahrami) does teach a polymer matrix (support wherein catalytic materials are placed onto and/or into the support, page 92, para 1) for nanocomposites such as nanocatalysts wherein the polymer is selected from a group that includes styrene, divinylbenzene, and polyvinylidene fluoride (page 95, section 5.1), which would be obtained from at least one monomeric material having a vinyl group.
It would be obvious to one of ordinary skill in the art to employ the particular matrix polymers of Selvam as the matrix polymers of Bahrami to provide a recoverable, reusable catalyst with high activity and high selectivity (Selvam, page 92, para 1 and page 95, para 4 and Bahrami, page 3447, para 3-4 and page 3448, para 1).
Regarding claim 29, Bahrami in view of Selvam discloses the polymeric product according to Claim 28. Selvam further teaches wherein the monomer in the polymeric product is selected from a group comprising styrene (page 95, para 4).
Regarding claim 30, Bahrami in view of Selvam discloses the polymeric product according to Claim 28, but is silent regarding mechanical properties of the product, particularly wherein the polymeric product has one or more of the following properties:
(bi) a tensile strength of from 1 to 20 MPa;
(bii) a Young's Modulus of from 10 to 300 MPa, such as from 15 to 20 MPa, such as 18 MPa; and
(biii) a toughness of from 0.10 to 0.50 MJ/m³.
However, as discussed above the products overlap. See MPEP 2112.01(I), which states that ‘Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established…"When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not."…Therefore, the prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed product’. The products overlap, comprising similar materials in a similar configuration. Therefore, one of ordinary skill in the art would expect the Bahrami/Selvam product to have overlapping properties including but not limited to one or more of overlapping tensile strength, overlapping Young’s Modulus, and overlapping toughness, absent evidence to the contrary.
Regarding claim 31, Bahrami in view of Selvam discloses the polymeric product according to Claim 28. Bahrami further discloses wherein the magnetic nanoparticle comprises Fe (Fe3O4, page 3448, para 5).
Regarding claim 32, Bahrami in view of Selvam discloses the polymeric product according to Claim 28. Bahrami further discloses wherein the shell is a silica shell (page 3449, para 7).
Regarding claim 33, Bahrami in view of Selvam discloses the polymeric product according to Claim 28. Bahrami further discloses wherein the plurality of anchoring elements comprise a linear or branched C1 to C10 alkyl chain substituted by one or more amino groups (APTS, page 3452, section 4.4 and Scheme 1, page 3448).
Regarding claim 34, Bahrami in view of Selvam discloses the polymeric product according to Claim 28. Bahrami further discloses wherein each non-final generation constitutional repeating unit has the fragment formula la or lb:
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208
400
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where:
the wavy lines represent the point of attachment to the rest of the molecule;
each L independently represents NR¹R² or SR³
each R¹ independently represents H or C₁ to C₆ alkyl, which C₁ to C₆ alkyl is unsubstituted;
each R² independently represents - -(CHR⁴)nNR⁵R⁶;
each R³ independently represents - -(CHR4)ₙSR⁷;
each R⁵ and R⁶ independently represent H, C₁ to C₆ alkyl that is unsubstituted,
-(CHR4)nNR⁸R⁹, or a point of attachment to a further constitutional repeating unit or an end group;
each n independently represents 2 to 6;
each R⁸ and R9 independently represent H, C₁ to C₆ alkyl, which C₁ to C₆ alkyl is
unsubstituted, -(CHR4)nNR¹⁰R¹¹, or a point of attachment to a further constitutional repeating unit or an end group;
each R¹⁰ and R¹¹ independently represent H, C1 to C₆ alkyl, which C₁ to C₆ alkyl is unsubstituted, or a point of attachment to a further constitutional repeating unit or an end group;
each R⁴ represents H, OH or OR¹²; and
each OR¹² independently represents C1 to C₃ alkyl, which C1 to C3 alkyl is unsubstituted (Scheme 2, page 3448);
or
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310
598
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where:
each X independently represents S or NR¹³; and
each R¹³ independently represents H or C₁ to C3 alkyl, which C₁ to C3 alkyl is
unsubstituted (Scheme 1, page 3448).
.
Regarding claims 35-37, Bahrami in view of Selvam discloses the polymeric product according to Claim 34. Bahrami further discloses wherein each L is selected from the list comprising
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82
238
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where the wavy line a represents a point of attachment to the rest of the constitutional repeating unit and the wavy lines b and, when present, c represent a point of attachment to the rest of the molecule (Scheme 1, page 3448)
Regarding claim 38, Bahrami in view of Selvam discloses the polymeric product according to Claim 28. Bahrami further discloses wherein each final generation constitutional repeating unit comprising a plurality of end groups has the fragment formula la' or lb'
where:
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218
296
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the wavy line represents the point of attachment to the rest of the molecule;
each L' independently represents an end group selected from NR¹'R²' or SR³;
each R¹ independently represents H or C₁ to C₆ alkyl, which C₁ to C₆ alkyl is
unsubstituted;
each R²' independently represents
each R³' independently represents
each R⁵' and R⁶' independently represent H, C₁ to C₆ alkyl that is unsubstituted,
each n independently represents 2 to 6;
each R⁸ and R⁹ independently represent H, C₁ to C₆ alkyl, which C1 to C₆ alkyl is
unsubstituted, -(CHR⁴)nNR¹⁰R¹¹;
each R¹⁰ and R¹¹ independently represent H, C1 to C₆ alkyl, which C₁ to C₆ alkyl is unsubstituted;
each R⁴' represents H, OH or OR¹²'; and
each OR¹² independently represents C₁ to C₃ alkyl, which C₁ to C₃ alkyl is unsubstituted (Scheme 2, page 3448).
Regarding claims 39-41, Bahrami in view of Selvam discloses the polymeric product according to Claim 38. Bahrami further discloses wherein each end group is selected from the list comprising:
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66
154
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where the wavy line a represents a point of attachment to the rest of the final generation constitutional repeating unit (Scheme 2, page 3448).
Regarding claim 42, Bahrami in view of Selvam discloses the polymeric product according to Claim 28. Bahrami further discloses wherein there are from 1
to m generations of non-final constitutional repeating units, where m is 2 (G2, page 3448, para 5), which is the lower end of the instantly claimed range from 2 to 5.
Regarding claim 43, Bahrami in view of Selvam discloses the polymeric product according to Claim 28. Bahrami further discloses the magnetic nanocomposite material has a diameter of about 35 nm (page 3449, para 6), which falls within the instantly claimed range (ai) a diameter of from 5 to 100 nm.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LYNNE EDMONDSON whose telephone number is (571)272-2678. The examiner can normally be reached M-F 10-6:30.
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/L.E./ Examiner, Art Unit 1734
/Matthew E. Hoban/Primary Examiner, Art Unit 1734
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