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 .
Status of Application
Claims 1-20 are pending and presented for examination.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8/26/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 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.
Specification
The disclosure is objected to because of the following informalities: The disclosure recites polysulfone, polyether sulfone and polyphenylene sulfone polymers, then recites these polymers prepared from repeating structural units which are not consistent with the accepted repeating units for these polymers (see the 35 U.S.C. 112(b) rejection below). Additionally, the disclosure recites specific compounds that are used in the examples, such as PSU: Solvay Udel P-1700. However, this compound is consistent with the accepted meaning of what the repeating structural unit is and is not consistent with what the disclosure recites as the repeated structural unit. This inconsistency must be addressed.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
1. Claims 1-20 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.
Claims 1 and 7 recite the material/polymer consists of polysulfone (PSU) and also recites the polysulfone having a repeating unit of
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158
582
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. However, this is inconsistent. Polysulfone is known to have a repeating unit
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122
502
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. Therefore, it is unclear if Applicant is claiming polysulfone or rather a different polymer formed of the repeating unit as claimed. Thus, claims 1 and 7 are indefinite. Claims 2-6 and 13-20 depend from claim 1 or 7 and are indefinite for the same reasons.
Claim 7 recites polyether sulfone (PES) and also recites the polyether sulfone having a repeating group
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122
612
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. However, this is inconsistent as polyether sulfone is known to having a repeating unit
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86
192
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. Therefore, it is unclear if Applicant is claiming polyether sulfone or rather a different polymer formed of the repeating unit as claimed. Additionally, claim 7 recites polyphenylene sulfone (PPSU) and also recites the polyphenylene sulfone (PPSU) having a repeating unit of
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102
622
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. However, this is inconsistent as polyphenylene sulfone is known to have a repeating unit
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96
358
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. Therefore, it is unclear if Applicant is claiming polyphenylene sulfone or rather a different polymer formed of the repeating unit as claimed. Thus, claim 7 is indefinite. Claims 13-20 depend from claim 7 and are indefinite for the same reasons.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The terms “polysulfone”, “polyether sulfone” and “polyphenylene sulfone” in claim 8 are used by the claim to mean polymers having the repeated structural units as identified in Applicant’s disclosure, while the accepted meaning is polymers having different repeating units (see also the 35 U.S.C. 112(b) rejection above). The terms are indefinite because the specification does not clearly redefine the terms and it is unclear exactly what structural formulas the terms are intended to refer to. Therefore, claim 8 is indefinite. Claims 9-12 depend from claim 8 and are indefinite for the same reasons.
Conclusion
Claims 1-20 are pending.
Claims 1-20 are rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT S WALTERS JR whose telephone number is (571)270-5351. The examiner can normally be reached Monday-Friday 8-5.
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/ROBERT S WALTERS JR/
September 16, 2026Primary Examiner, Art Unit 1717
