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 .
According to paper filed on Feb. 11, 2026, the applicants elected group I and furthermore, elected species II through X for further prosecution.
Since the applicant’s did not specify the specific structure of elected species, a telephone call was made to applicant’s attorney, Ms. Claudia Schultze on Feb. 27, 2026.
During telephone call with Ms. Claudia Schultze on Feb. 27, 2026, the attorney elected compound of formula (I) disclosed on page 2 of specification as specific species for further prosecution.
Claims 16-30 are pending in the application. Claim 28 is withdrawn from further consideration as being directed to non-elected subject matter.
Claim Rejections - 35 USC § 112
6. 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 16, 18-26 and 29-30 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.
In independent claim 16, the name or structure of melamine condensation product being prepared, is not defined.
Claims 29 and 30 are directed to use of product. These claims are vague and indefinite since the surface or material on which these products are being applied as well as the steps of applying these products are missing in the claims.
Claim Rejections - 35 USC § 102
(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.
Claims 26 and 27 are rejected under 35 U.S.C. 102(a) (1) as being clearly anticipated by Jurgens (J. Am. Chem. Soc., cited on applicant’s form 1449).
Jurgens discloses melamine and its use for preparing condensation products. The Compound 4e (melem) disclosed in scheme 4 on page 10290 by Jurgens clearly anticipates the instant claims. It is of note that the instant claims are directed to product by process and therefore, process is irrelevant.
Claim 29 is rejected under 35 U.S.C. 102(a) (1) as being anticipated by Heinen (U.S. Patent 6,646,030 B2).
Heinen discloses flame retarded compositions. The flame retarded composition comprising melem (see claim 1) anticipates the instant claim when flame retardant is melem.
Claim 30 is rejected under 35 U.S.C. 102(a) (1) as being anticipated by Tokunaga (JP 59031861 A, see English translation).
Tokunaga discloses use of melamine and its condensation products to regenerate efficiently a salt bath for nitriding a metallic material. The use of melem (a melamine condensation product) to regenerate efficiently a salt bath for nitriding a metallic material disclosed by Tokunaga anticipates the instant claim.
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.
13. 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.
14. Claims 16-18, 20-21 and 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over De Keuzer (WO 96/16948, cited on applicant’s form 1449) in view of Jurgens (J.Am. Chem. Soc., cited on applicant’s form 1449).
DeKeuger discloses a process for preparing melamine condensation products. On page 2 (see lines 3-16), De Keuger discloses a process for producing melamine condensation product (melam) by reacting melamine with zinc and hydrochloric acid. Since the reaction equilibrium shifts to the melam product, at a certain reaction time, a raw product comprising a melamine condensation product and an inorganic residue is formed. De Keuger meets all the limitations of instant claims except that the condensation product is melam instead of melem, does not teach a process for preparing melamine and furthermore, does not mention content of inorganic catalytic residue (at most 2 wt %). However, DeKeuger does teach that melamine condensation products include melem and melam (see page 1, lines 20-21) while Jurgens discloses a process for preparing melamine (see scheme 3 on page 10290). Therefore, it would have been obvious to one skilled in the art to prepare melem as a melamine condensation product by modifying the process of Dekeuger with reasonable expectation of success unless applicants provide unexpected results of superior yield etc. of the present process over the process of DeKeuger by presence of at most 2 wt % content of inorganic catalytic residue.
15. Claims 16-17, 20-23 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng (J. of Mater. Chem. C, cited on applicant’s form 1449) in view of Jurgens (J.Am. Chem. Soc., cited on applicant’s form 1449).
Zheng discloses a process for preparing melamine condensation product. The process for preparing melamine condensation product (melem) by reacting raw material with niric acid disclosed on page 10747 (see experimental section 2.1) by Zheng meets all the limitations of instant claims except that it does not teach a process for preparing melamine and furthermore, does not mention content of inorganic catalytic residue (at most 2 wt %). However, Jurgens discloses a process for preparing melamine (see scheme 3 on page 10290). Therefore, it would have been obvious to one skilled in the art to prepare melem as a melamine condensation product with reasonable expectation of success unless applicants provide unexpected results of superior yield etc. of the present process over the process of Zheng by presence of at most 2 wt % content of inorganic catalytic residue.
16. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARANJIT AULAKH whose telephone number is (571)272-0678. The examiner can normally be reached Monday-Friday 7:00-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton A Brooks can be reached at 571-270-7682. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARANJIT AULAKH/ Primary Examiner, Art Unit 1621
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