DETAILED CORRESPONDENCE
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 .
Allowable Subject Matter
Claim 26, 27, 28 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments have been fully considered.
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 102
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 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 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.
Claim(s) 1 and 3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li (CN 109251468 A).
In reference to claim 1, Li discloses molding from a matrix obtained from a reaction of a polyaryletherketone (PAEK) with at least one crosslinker capable of thermal crosslinking with keto groups of the PAEK to form at least two imine groups per crosslinker molecule, the crosslinker being selected from: polyamides (“18 pts. wt. polyetheretherketone, …6 pts. wt. curing agent. …The curing agent is prepared by mixing an aliphatic curing agent and a polyamide curing agent in a ratio of 2:3:1.”. Li describes the material being useful for additive manufacturing. This reads on a molding.)
The cited prior art does not specifically disclose that the structure has the property of being formed by a particular mixture (i.e., polyamide reacting with keto groups on PAEK to form crosslinks). However, the cited prior art teaches an identical or substantially identical structure as claimed (e.g., reaction product of a mixture containing a polyamide crosslinker and a PAEK).
In reference to claim 3, see claim 1 of Li (e.g., “aluminum nitride powder 1-2… titanium dioxide 0.2-0.4 %”)
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, 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 factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 1, 3-4, 23, 25, 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shroff (US 20180051202)
In reference to claim 1, Shroff discloses a matrix obtained from a reaction of a polyaryletherketone (PAEK) (“PEEK “ [Table 1]) with at least one crosslinker capable of thermal crosslinking with keto groups of the PAEK to form at least two imine groups per crosslinker molecule, the crosslinker being selected from: polyamides (“Examples of hardeners may include… polyamides” [P0015])
Shroff uses the matrix as a coating.
The term coating overlaps with a molding.
Alternatively, Shroff discloses forming a coated particle comprising, e.g., sand coated with the matrix.
The cited prior art does not specifically disclose that the structure has the property of being formed by a particular mixture (i.e., polyamide reacting with keto groups on PAEK to form crosslinks). However, the cited prior art teaches an identical or substantially identical structure as claimed (e.g., reaction product of a mixture containing a polyamide crosslinker and a PAEK).
In reference to claim 3, the prior art discloses the invention as in claim 1.
Shroff disclose a coated particle comprising, e.g., sand coated with the matrix. Sand reads on a filling agent.
In reference to claim 4, the prior art discloses the invention as in claim 1.
Shroff disclose a coated particle. This reads on a coating.
In reference to claim 23, the prior art discloses the invention as in claim 1.
Shroff describes the invention being for oil and gas.
In reference to claim 25, the prior art discloses the invention as in claim 1.
See paragraph 15 of Shroff.
In reference to claim 29, the prior art discloses the invention as in claim 1.
See table 1 of Shroff (“PEEK “ [Table 1]).
Conclusion
US 20170218115 A1 discloses a “polyamide curing agent composition, i.e., the reaction product of the amine component and the dimer fatty acid component”
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS KRASNOW whose telephone number is (571)270-1154. The examiner can normally be reached M-R: 8am-5pm.
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, Xiao Zhao can be reached at 571-270-5343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NICHOLAS KRASNOW/Examiner, Art Unit 1744