DETAILED CORRESPONDENCE
This Office action is in response to the application received June 12, 2023.
Claims 13-23 are objected to because of the following informalities: This listed claims depend from canceled claims 1 and 3. Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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.
Claims 1, and 5-23 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by McCABE et al (9,958,577).
The claimed invention recites the following:
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582
680
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642
670
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McCABE et al report a polymer for contact lenses wherein the polymer is hydrogel of the components listed Table 7, Examples 44-47 and Table 8, Examples 48 and 51, see below:
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332
368
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556
394
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acPDMS is listed in col. 22, line 55 shown below:
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34
366
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With the following structure from col. 7/8, lines 18-29 shown here:
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158
610
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The Examples disclose reaction mixtures made using the formulation of the components listed in the Tables.
The reaction product would give a compound/polymer having a polymer block from the presence the monomer listed as acPDMS above.
Claims 5-23 are met by the polymer above wherein the preambles to the compound, leveling agent, coating composition, article, and resist composition are not seen to have patent weight wherein the polymer in McCABE et al meets those claims for the compound/polymers having a polymer block of formula (1) with any of (2-1), (2-2) or (2-3).
None of the claims are allowed.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
KUYU et al (8,835,525) is cite of interest as disclosing polysiloxane crosslinkers, see claim 1.
OMATA et al (2009/0061121) disclose a thermal image receiving sheet comprising a high molecular weight silicon having two functional groups bonded in which an addition polymer is grafted or blocked , see para. [0092].
OHSUGI et al (5,338,799) disclose a silicone compound having functional groups on the side chain such as 3-acryloxypropyl and 3-methacryoxypropyl groups, see col. 6.
HASHIDE et al (JP-6405647 B2) report the method for making the silicone resin having functional ends groups with methacryloyl (referenced in the current application as U.S. Patent 6,405,647 [sic] in para. [0101].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN S CHU whose telephone number is (571)272-1329. The examiner can normally be reached M-F, IFP-Flex.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Huff, can be reached at telephone number 571-272-1385. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/John S. Chu/ Primary Examiner, Art Unit 1737
J. Chu
March 8, 2026