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 1-9, in the reply filed on 1/28/2026 is acknowledged.
Claims 10-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 1/28/2026.
Claim Objections
Claims 3-4 are objected to because of the following informalities: claims 3 and 4 do not end in a period. Appropriate correction is required.
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 1-9 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.
Claim 1 is indefinite because the second page of the claims is blank, which includes at least the formula S2. It is unclear what content is intended to be present. Claims 2-9 depend from claim 1 and therefore contain the same indefinite issue.
Claims 5 and 9 appear to be missing the last portion of the claims, and thus the scope of the claims is unable to be determined.
For the purpose of the instant office action, reference will be made to the claims of 10/9/2023 because none of the claims of 1/28/2026 have the status identifier of ‘amended’.
Allowable Subject Matter
Claims 1-9 would be allowable if rewritten or amended 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.
Claim 1 recites a process to form a composition comprising a diblock or triblock copolymer of ethylene/vinyl arene where the process comprises (A) polymerizing in a reactor A a mixture comprising ethylene in the presence of a metal complex S selected from Formula S1, Formula S2, Formula S3, formula S4 or Formula S5, (B) polymerizing in a reactor B a mixture comprising ethylene and vinylarene in the presence of a metal complex H selected from formula H1 or Formula H2, where a chain shuttling agent is added to the first reactor. Claims 2-9 depend from claim 1 and thus contain the same allowable features.
Relevant prior art includes Hou (US 2014/0088276), Weiser, Macromol. Rapid Commun. 2006, 27, 1009-1014, Hoenig (US 2006/0211819), Hagihara, Polymer Journal (2012) 44, 147-154, Endo, J. Chem. Soc., Chem. Commun. 1990, pg. 1372-1373, Hustad, Macrolecules, Vol. 40, No. 20, 2007, pg. 7061-7064, and Pan, Angew. Chem. Int. Ed. 2011, 50, 12012-12015.
Weiser teaches the formation of polyolefin/polystyrene block copolymers using a titanium catalyst (pg. 1009-1010) similar to claimed formula S3. Weiser fails to teach using a metal complex H selected from Formula H1 or Formula H2. Weiser fails to teach using two reactors.
Endo teaches a block copolymer of styrene and ethylene (abstract) where styrene is polymerized to form a living polymer, then ethylene was polymerized (pg. 1372). Endo teaches the block structure does not contain any styrene monomeric units in the ethylene block and no ethylene styrene units in the styrene block (Fig. 2). Endo fails to teach polymerization with the metal complexes S or H or using two reactors.
Hoenig teaches a process of polymerization where the catalyst A1, B2, and DEZ (¶ 259, Table 2) where catalyst A1 meets claimed formula S1, and DEZ is a shuttling agent. Hoenig fails to teach forming a block copolymer of ethylene and a vinylarene (vinyl aromatic such as styrene) or using a metal complex H selected from Formula H1 or Formula H2. Hoenig fails to teach using two reactors.
Hagihara teaches ethylene-styrene block copolymer containing syndiotactic polystyrene sequences (abstract). Hagihara fails to teach using two reactors or using a metal complex H selected from Formula H1 or Formula H2.
Hustad teaches forming ethylene diblock copolymers using hafnium catalysts (pg. 7061-7062) that fall in the scope of claimed formula S1. Hustad fails to teach forming a vinylarene block copolymer and Hustad fails to teach using a metal complex H selected from Formula H1 or Formula H2.
Pan teaches forming block copolymers of styrene using two scandium catalysts (pg. 12012-12013) that meet the scope of claimed formula H1. Pan fails to teach using a metal complex S selected from Formula S1, Formula S2, Formula S3, Formula S4, and Formula S5. Pan fails to teach an ethylene copolymer and Pan fails to teach using two reactors.
Hou teaches making a block copolymer using a chain shuttling agent (abstract, ¶ 1) where the copolymer includes styrene (¶ 14) and uses a scandium catalyst that falls in the scope of claimed formula H1 (Fig. 17). Hou falls outside the scope of the instant claims because Hou fails to teach using ethylene as a comonomer and because Hou fails to teach using two reactors.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT C BOYLE whose telephone number is (571)270-7347. The examiner can normally be reached Monday-Thursday, 10am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arrie (Lanee) Reuther can be reached at (571)270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT C BOYLE/Primary Examiner, Art Unit 1764
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