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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 6 and 14 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 6 recites wherein the phenolic compound is an “ethylenically unsaturated compound.” The claim appears to be broadening the phenolic compound of claim 1 to also include a different an “ethylenically unsaturated” compound. Thus, the claim fails to further limit.
It appears that the claim should recite wherein the phenolic compound is “an ethylenically unsaturated phenolic compound.”
Claim 14 recites wherein the process is an injection process or an infusion process. However, claim 13 recites a process for curing comprising curing the composition. It appears that claim 14 is replacing the curing process of claim 13 with an infusion or injection process and thus, the claim fails to further limit.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 (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 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) 1-5, 8-10, and 13, 16, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gao et al., “Fabrication of lignin based renewable dynamic networks and its applications as self-healing, antifungal and conductive adhesives,” Chemical Engineering Journal, vol. 394, 124896, pages 1-10, (2020). (hereinafter Gao).
Regarding claims 1-5, 8-10, 13, 16, Gao teaches a composition obtained by mixing and heating vanillin methacrylate (VMA), a lignin chain transfer agent (lignin-CTA), lauryl methacrylate (LMA), and azobisisobutyronitrile (AIBN) (i.e. initiator), and then adding a crosslinker of 4,4’-diaminodiphenylmethane, and the mixture is crosslinked at room temperature and dried at 40 deg C, (page 3, See section 2.4), and wherein the lignin-CTA contains phenolic groups (page 5). The above vanillin methacrylate (VMA) meets the claimed aldehyde, the lignin lignin-CTA meets the claimed phenol compound ), 4,4’-diaminodiphenylmethane (i.e. 4,4’methylenedianiline) meets the amine, and lauryl methacrylate meets the claimed additional methacrylate.
Allowable Subject Matter
Claims 6 and 14 would be allowable if rewritten to overcome the rejection(s) 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 7, 11, 12, 15, and 17-20, 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.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art is Gao as cited above and incorporated herein.
Gao does not teach wherein the phenolic compound is an ethylenically unsaturated phenolic compound.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HA S NGUYEN whose telephone number is (571)270-7395. The examiner can normally be reached Mon-Fri, Flex schedule 7:30am-4:00pm.
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/HA S NGUYEN/Primary Examiner, Art Unit 1766