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 .
DETAILED ACTION
STATUS OF THE CLAIMS: Claim 1 is pending in this application.
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 1 is rejected under 35 U.S.C. 102 as being anticipated by Devaraju et al. (J’nal of Sol-Gel Sci. & Tech.’ 2011).
Applicant claims the following method for producing a benzoxazine compound:
PNG
media_image1.png
546
814
media_image1.png
Greyscale
This reference discloses Applicant’s method on page 4, right column, Scheme 3. (See Abstract and pages 33-40). The methods read on the instant claim. Since this reference teaches the exact methods, Applicant’s claims are anticipated, and thus, rejected under 35 U.S.C. 102.
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 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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Ryoichi Kudo et al., (JP2011-530570) in view of Kincaid et al., (JP201452170).
Applicant claims the following method for producing a benzoxazine compound:
PNG
media_image1.png
546
814
media_image1.png
Greyscale
Ryoichi Kudo discloses a method for producing a benzoxazine compound in by reacting a phenolic compound, an aldehyde and an aliphatic amino alcohol to produce a benzoxazine compound. (See paragraphs [0024]-[0028], compounds (B-VI), (B-VII) and claims).
Ryoichi Kudo differs from Applicant in that the starting materials that are mixed is different.
Kincaid teaches a method for producing a benzoxazine compound in which a reaction solution that includes a solvent and reactants that include a phenol compound, an amine compound, and an aldehyde compound, and since the reaction is exothermic, the phenol compound is dissolved in the solvent system first, then the aldehyde compound is added to the system, and after mixing thoroughly, the amine compound is added in portions continuously (see paragraph [0048] and examples).
It would have been obvious to one having ordinary skill in the art at the time of the invention looking for an alternative method to produce a benzoxazine compound would be motivated to combine the methods of and Ryoichi Kudo and Kincaid. One skilled in the art familiar with producing a benzoxazine compound of Ryoichi Kudo and Kincaid would easily conceive of adopting the way in which the starting materials are mixed in Kincade in the production of the benzoxazine compound described in Ryochi Kudo. Additionally, a person skilled in the art could easily use the phenolic compound and the amino alcohol described in Ryochi Kudo to produce a compound that had a different substituent from the benzoxazine compound described Thus, one skilled in the art looking for an alternative method to produce a benzoxazine compound would be motivated to combine the methods of Ryochi Kudo and Kincaid.
Since Applicant’s claims are prima facie obvious in view of the teachings of Ryochi Kudo and Kincaid, Applicant’s claims are obvious, and therefore, rejected under 35 U.S.C. 103.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Gilbert et al., (J’nal of Polymer Res’2018) et al., in view of Kincaid et al., (JP201452170).
Applicant claims the following method for producing a benzoxazine compound:
PNG
media_image1.png
546
814
media_image1.png
Greyscale
Gilbert discloses a method for producing a benzoxazine compound in which bisphenol A, paraformaldehyde and ethanolamine are reacted to produce a benzoxazine compound. (See page 4, Scheme 3, Synthesis of BzPOH).
Gilbert differs from Applicant in that the starting materials that are mixed is different.
Gilbert discloses a method for producing a benzoxazine compound in by reacting a phenolic compound, an aldehyde and an aliphatic amino alcohol to produce a benzoxazine compound. (See paragraphs [0024]-[0028], compounds (B-VI), (B-VII) and claims).
Gilbert differs from Applicant in that the starting materials are mixed is different.
Kincaid teaches a method for producing a benzoxazine compound in which a reaction solution that includes a solvent and reactants that include a phenol compound, an amine compound, and an aldehyde compound, and since the reaction is exothermic, the phenol compound is dissolved in the solvent system first, then the aldehyde compound is added to the system, and after mixing thoroughly, the amine compound is added in portions continuously (see paragraph [0048] and examples).
It would have been obvious to one having ordinary skill in the art at the time of the invention looking for an alternative method to produce a benzoxazine compound would be motivated to combine the methods of and Gilbert and Kincaid. One skilled in the art familiar with producing a benzoxazine compound of Gilbert and Kincaid would easily conceive of adopting the way in which the starting materials are mixed in Kincade in the production of the benzoxazine compound described in Gilbert. Additionally, a person skilled in the art could easily use the phenolic compound and the amino alcohol described in Gilbert to produce a compound that had a different substituent from the benzoxazine compound described Thus, one skilled in the art looking for an alternative method to produce a benzoxazine compound would be motivated to combine the methods of Gilbert and Kincaid.
Since Applicant’s claims are prima facie obvious in view of the teachings of Gilbert and Kincaid, Applicant’s claims are obvious, and therefore, rejected under 35 U.S.C. 103.
Conclusion
Claim 1 is pending. Claim 1 is rejected. No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL V WARD whose telephone number is (571)272-2909. The examiner can normally be reached M-F 9am to 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, James Alstrum-Acevedo can be reached at 571-272-5548. 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.
/PAUL V WARD/ Primary Examiner, Art Unit 1622
Prosecution Insights