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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/06/2026 has been entered.
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, 4, 7-9, and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. No. 2009/0306334 to Watanabe et al. in view of U.S. Patent Pub. No. 2005/0054073 to Ishii et al.
As to claims 1, 4, and 11-13, Watanabe discloses an optical composition comprising a polythiocarbonate polythiol, an episulfide compound and a component (C) (Abstract) which include aromatic thiol compounds such as 1,3,5-benzenetrithiol (0074, TMB1) used in amounts that range from 1.0 to 10 parts by mass (Table, with reference to component (C)).
Watanabe does not expressly teach an optical composition containing the aromatic thiol compound in the examples.
However, within the same field of endeavor Ishii discloses an optical composition comprising episulfide compounds, polyisocyanates, and aromatic thiol compounds (Abstract, examples, 0136).
At the time of filing it would have been obvious to substitute component (C) used in the examples of Watanabe with the 1,3,5-benzenetrithiol taught in Watanabe as a suitable alternative because it was known in the art that aromatic ring containing thiols increase the refractive index of the optical articles. This is supported by Ishii (0136).
As to claims 7-8, Watanabe disclose mixtures of component (C) may be used including mixtures of the aromatic polythiols and thiols such as bis(2-mercaptoethyl)sulfide (0073). At the time of filing it would have been obvious to use mixtures of polythiols to adjust the optical properties and the mechanical properties of the optical composition (0071).
As to claim 9, Watanabe discloses mixing and curing the composition in the presence of catalysts (0088-0089).
Claims 5 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. No. 2009/0306334 to Watanabe et al. in view of U.S. Patent Pub. No. 2005/0054073 to Ishii et al. that has been explained above and is applied here as such in view of U.S. Patent Pub. No. 2014/0357835 to Kamura et al.
As to claims 5 and 10, Watanabe discloses an optical composition comprising a polythiocarbonate polythiol, an episulfide compound and a component (C) (Abstract) which include aromatic thiol compounds such as 1,3,5-benzenetrithiol (0074, TMB1) used in amounts that range from 1.0 to 10 parts by mass (Table, with reference to component (C)).
Watanabe does not expressly disclose the addition of sulfur or the claimed catalyst to the optical composition.
However, within the same field of endeavor Kamura discloses a polymerizable composition for optical materials comprising an episulfide component, aromatic polythiols, sulfur, and suitable catalysts such as 1,2,2,6,6-petamentylpirperidyl methacrylate (Table 1, Examples 1-7 and 0095).
At the time of filing it would have been obvious to add sulfur to the optical composition of Watanabe as taught in Kamura to increase the refractive index and to maintain a suitable viscosity during molding (0026). At the time of filing it would have been obvious to use the polymerizable catalyst taught in Kamura in the polymerizable composition of Watanabe to slow down viscosity elevation during polymerization and allow for a room temperature reaction (Abstract).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. No. 2009/0306334 to Watanabe et al. in view of U.S. Patent Pub. No. 2005/0054073 to Ishii et al. that has been explained above and is applied here as such in view of U.S. Patent Pub. No. 201/0127549 to Imagawa et al.
As to claim 6, Watanabe discloses an optical composition comprising a polythiocarbonate polythiol, an episulfide compound and a component (C) (Abstract) which include aromatic thiol compounds such as 1,3,5-benzenetrithiol (0074, TMB1) used in amounts that range from 1.0 to 10 parts by mass (Table, with reference to component (C)).
Watanabe 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.
At the time of filing it would have been obvious to a person of ordinary skill in the art to add 1,2,3,5,6-pentathiepane of Imagawa to the optical composition of Watanabe to maintain a balance of improved refractive index and transparency (0025).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 4-13 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
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/MICHAEL L LEONARD/Primary Examiner, Art Unit 1763
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