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 .
This action is responsive to the amendment filed on July 10, 2026.
Claims 1 and 4 are pending.
The objection to claim 3 is withdrawn in view of Applicant’s amendment.
The rejection of claims 1-2, 4 under 35 U.S.C. 102(a)(1) as being anticipated by Hiroshi is withdrawn in view of Applicant’s amendment.
The rejection of claim 3 under 35 U.S.C. 103 as being unpatentable over Hiroshi is withdrawn in view of Applicant’s amendment.
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 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Hiroshi (JP2012052006 (already of record)).
Regarding claims 1 and 4, Hiroshi teaches a thermoplastic resin composition excellent in heat resistance and flame retardancy comprising cellulose-based resin and a cyclic phosphorus compound (Abstract). Hiroshi further teaches the cyclic phosphorus compound provides flame retardant properties to the composition (Paragraph 47). Hiroshi further teaches
PNG
media_image1.png
173
309
media_image1.png
Greyscale
wherein R1, R2, R11-14, R21-24 can be hydrogen, X1 and X2 can be hydrogen or a substituent including C1-C10 alkenyl and alkoxy and R3 can be a substituted or unsubstituted aryl group, which is preferably phenyl, n1 and n2=0-4 (Paragraphs 1, 12-41, 44). However, Hiroshi fails to disclose an exemplary composition wherein R1, R2, R11-14, R21-24, X1, X2 are hydrogen and R3 is phenyl, n1 and n2=0.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to have provided R1, R2, R11-14, R21-24, X1, X2 are hydrogen and R3 is phenyl, n1 and n2=0 in Hiroshi as Hiroshi teaches R1, R2, R11-14, R21-24, X1, X2 can be hydrogen and R3 can be a substituted or unsubstituted aryl group, which is preferably phenyl, wherein n1 and n2 can be 0, in order to form the cyclic phosphorous compound with flame retardancy.
Response to Arguments
Applicant's arguments filed July 10, 2026 have been fully considered but they are not persuasive.
With respect to the obviousness rejection over Hiroshi, Applicant argues that the claimed compound is different from compound 40 in Hiroshi. The anticipation rejection has been withdrawn; however, the obviousness rejection is maintained. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to have provided R1, R2, R11-14, R21-24, X1, X2 are hydrogen and R3 is phenyl, n1 and n2=0 in Hiroshi as Hiroshi teaches R1, R2, R11-14, R21-24, X1, X2 can be hydrogen and R3 can be a substituted or unsubstituted aryl group, which is preferably phenyl, wherein n1 and n2 can be 0, in order to form the cyclic phosphorous compound with flame retardancy.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TANISHA DIGGS whose telephone number is (571)270-7730. The examiner can normally be reached Monday, Tuesday and Friday, 9:00AM-5:30PM.
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, Angela Brown-Pettigrew can be reached at (571) 272-2817. 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.
/TANISHA DIGGS/Primary Examiner, Art Unit 1761 July 23, 2026
Prosecution Insights