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 § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. No. 2021/0301061 to Nagasawa et al. in view of U.S. Patent Pub. No. 2019/0100614 to Ito et al.
As to claims 1-9, Nagasawa discloses a polymerizable optical composition comprising the following reaction components, toluene diisocyanate, triphenylphosphine, UV absorber, internal mold release agent, curing catalyst, and 23.5 grams of pentaerythritol tetrakis(2-mercaptoacetate) and 40.1 grams of bis(mercaptomethyl)-3,6,9-trithiaundecane-1,11-dithiol (Example 1). Nagasawa discloses wherein the process in conducted by adding an arbitrary amount of solvent publicly known that can be used for polymerizable compositions (0052). Nagasawa does not teach the content of solvent.
Ito discloses a process for preparing optical articles including lens comprising injecting a polythiol compound and a polyisocyanate compound that contains less than 1% by weight of solvent (0132), including toluene (0134) into a mold for resin molding and curing the resin to obtain an optical material. The content of solvent of less than 1% by weight overlaps the claimed range.
At the time of filing it would have been obvious to a person of ordinary skill in the art to use less solvent, including toluene, that falls within the claimed range based on prior art presented that disclosed wherein decreasing the content of solvent avoids air bubbles during injection and polymerization curing that would become fixed (solidified) inside the molded article at the end (0132).
Response to Arguments
Applicant’s arguments with respect to claims 1-9 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.
Conclusion
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.
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/MICHAEL L LEONARD/Primary Examiner, Art Unit 1763