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(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 5, 7, 11-13 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.
Claims 5, 7 recite the limitation "said monomer". There is insufficient antecedent basis for this limitation in the claim. It is suggested that the term “said at least one monomer” be used consistent with claim 1.
Claims 11 recites the limitation "said comonomer". There is insufficient antecedent basis for this limitation in the claim. It is suggested that the term “said at least one comonomer” be used consistent with claim 10. Claims 12-13 depend from claim 11 and thus contain the same indefinite issue.
Claim Rejections - 35 USC § 102
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) 1-8, 10-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gibson, Polymer Chemistry, 2020, 11, 1785-1796.
Gibson teaches a process where a block copolymer of PNMEP-PLMA was present in an aqueous dispersion and exposed to 405 nm light (pg. 1793). PNMEP is a polymer of N-(2-methacryloyloxy)ethyl pyrrolidone and thus is a acryloyl moiety with a lactam moiety and water is a reaction medium devoid of chemical reagents. 405 nm light is visible radiation. Gibson teaches the process is to remove dithiobenozate chain ends (pg. 1793). Gibson teaches the PNMEP-PLMA was formed with RAFT polymerization (pg. 1786) and meets claim 4. N-(2-methacryloyloxy)ethyl pyrrolidone meets the structural limitations of claim 5-7. PNMEP-PLMA is a diblock copolymer and meets claim 8. PLMA is a block derived from lauryl methacrylate and meets claims 10-11, 13.
To the extent that claim 12 further limits an optional component, Gibson meets the limitations of claim 12.
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.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cunningham, Macromolecules, 2016, 49, 4520-4533 in view of Gibson, Polymer Chemistry, 2020, 11, 1785-1796.
Cunningham teaches the RAFT polymerization of N-(2-methacryloyloxy)ethyl pyrrolidone to form homopolymers and copolymers with polyglycerol monomethacrylate (abstract). Glycerol monomethacrylate is a functionalized hydroxyalkyl methacrylate and meets the limitations of claim 12. Additionally, Cunningham teaches copolymers with methacrylic acid (pg. 4521). A homopolymer of N-(2-methacryloyloxy)ethyl pyrrolidone meets the limitations of claim 9.
Cunningham does not expressly recite using radiation for removal of the thio based end group.
However, Gibson teaches a process where the thio based end group is removed when exposed to radiation at 405 nm in an aqueous suspension (pg. 1793). 405 nm light is visible radiation. N-(2-methacryloyloxy)ethyl pyrrolidone contains an acryloyl moiety with a lactam moiety and water is a reaction medium devoid of chemical reagents. It would have been obvious to one of ordinary skill in the art to use the end group removal process of Gibson because the sulfur based group confers both color and malodour on the final polymer (pg. 1792) and using visible light requires lower temperature, shorter reaction times and no additional reagents (pg. 1793).
To the extent that claim 13 further limits an optional component, Cunningham meets the limitations of claim 13.
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