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 1-5 and 7-13 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. No. 2014/0357835 to Kamura et al. in view of U.S. Patent Pub. No. 2005/0154073 to Ishii et al.
As to claims 1-3 and 12-13, Kamura discloses a polymerizable composition for optical materials comprising an episulfide component represented by the following:
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A polythiol compound containing two or more SH-groups, such as m-, or p-xylylene dithiol (0095, Examples). Kamura further discloses aromatic dithiols including 1,2-dimercaptobenzene, 1,3-dimercaptobenzene, or 1,4-dimercaptobenzene as suitable alternatives to m-, or p-xylylene dithiol (0030).
Further, within the same field of endeavor Ishii discloses polymerizable compositions for optical materials including 1,2-benzenedithiol, 1,3-benzenedithiol, or 1,4-benzenedithiol (0136). Therefore, a prima case of obviousness exists over the selected of aromatic containing dithiols. At the time of filing it would have been obvious to a person of ordinary skill in the art to substitute with type of aromatic dithiol (m-, or p-xylylene dithiol) with another type of aromatic dithiol 1,2-benzenedithiol, 1,3-benzenedithiol, or 1,4-benzenedithiol taught as suitable alternatives for the purpose of increasing the refractive index of the optical composition as taught in Ishii (0136).
As to claim 4, Kamura discloses a content of aromatic dithiol compound that ranges from 3.5 to 10.0 parts by weight (Table 1, Examples 1-7).
As to claim 5, Kamura discloses the addition of sulfur to the optical composition (Table 1, Examples 1-7).
As to claims 7-9, Kamura discloses the addition of multi-functional polythiols and mixtures thereof including methanedithiol, 1,2-dimercaptoethane, etc. (0030).
As to claims 9-10, Kamura discloses the addition of a polymerization catalyst such as 2-mercapto-1-methylimidazole (Examples, 0095).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. No. 2014/0357835 to Kamura et al. in view of U.S. Patent Pub. No. 2005/0154073 to Ishii et al. and U.S. Patent Pub. No. 2018/0127549 to Imagawa et al. (previously cited).
As to claim 6, Kamura discloses a polymerizable composition for optical materials comprising an episulfide component represented by the following:
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A polythiol compound containing two or more SH-groups, such as m-, or p-xylylene dithiol (0095, Examples). Kamura further discloses aromatic dithiols including 1,2-dimercaptobenzene, 1,3-dimercaptobenzene, or 1,4-dimercaptobenzene as suitable alternatives to m-, or p-xylylene dithiol (0030).
Kamura does not expressly disclose the addition of 1,2,3,5,6-pentathiepane.
However, within the same field of endeavor Imagawa discloses polymerizable compositions for optical materials that include 1,2,3,5,6-pentathiepane (0020).
At the time of filing it would have been obvious to a person of ordinary skill in the art to add the 1,2,3,5,6-pentathiepane of Imagawa to the optical composition of Kamura to maintain a balance of improved refractive index and transparency (0025).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-13 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
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