DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-5, 7-11, and 13-17 are pending. Claims 6 and 12 have been canceled.
The copy foreign priority application No.202210246991.6 filed in China on March 14, 2022 has not been made of record in this application.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 2-5 and 8-11 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 2 depends on claim 1, and claim 8 depends on claim 7 which depends on claim 1.
Claims 2 and 8 recite that the double-bond-containing a-aminoketone photoinitiator A is:
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, wherein R1 and R2 are each independently C1-C18 alkyl, -(CH2)r-C3-C6 cycloalkyl group or –(CH2)r-phenyl, r is 0, 1, 2, 3, or 4, and X is an unsubstituted alkyl, a substituted alkyl with at least one -CH2- each independently substituted with -O-, -CO-, -COO-, -OCO-, or -O-CH2-CH(OH)-CH2-O-, or absent.
However, claim 1 has been amended to recite specific a-aminoketone-containing polyfunctionalized macromolecular photoinitiators which are obtained from reactions of polythiols and a double-bond-containing a-aminoketone photoinitiator A of formula:
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.
The double-bond-containing a-aminoketone photoinitiators A in claims 2 and 8 wherein R1 and R2 are each independently C2-C18 alkyl, -(CH2)r-C3-C6 cycloalkyl group or –(CH2)r-phenyl, r is 0, 1, 2, 3, or 4, and X is an unsubstituted alkyl, a substituted alkyl with at least one -CH2- each independently substituted with -CO-, -COO-, -OCO-, or -O-CH2-CH(OH)-CH2-O-, or absent cannot form the a-aminoketone-containing polyfunctionalized macromolecular photoinitiators in claims 1 and 7.
Claims 3 and 9 depend on claims 2 and 8, and recite that both R1 and R2 are methyl when X is absent. Claims 2 and 8 depend on claims 1 and 7, and claim 7 depends on claim 1.
However, claim 1 has been amended to recite specific a-aminoketone-containing polyfunctionalized macromolecular photoinitiators which are obtained from reactions of polythiols and a double-bond-containing a-aminoketone photoinitiator A wherein X is -CH2-CH2-O-CH2-.
Therefore, the a-aminoketone-containing polyfunctionalized macromolecular photoinitiators in claims 1 and 7 cannot be made with a double-bond-containing a-aminoketone photoinitiator A wherein that both R1 and R2 are methyl when X is absent.
Claim 4 depends on claim 1, and claim 10 depends on claim 7, which depends on claim 1.
Claims 4 and 10 recite that the polythiol compound B is a trithiol or tetrathiol.
However, claim 1 has been amended to recite specific a-aminoketone-containing polyfunctionalized macromolecular photoinitiators which are obtained from reactions of trithiols or tetrathiols and a double-bond-containing a-aminoketone photoinitiator A of formula:
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.
Therefore, the limitations in claims 4 and 10 are already included in claims 1 and 7.
Claim 5 depends on claim 4, which depends on claim 1. Claim 11 depends on claim 10, which depends on claim 7 and claim 7 depends on claim 1.
Claims 5 and 11 recite that the polythiol B is selected from the group consisting of compounds formulas B1, B2, B3, B4, B5, B6, and combinations thereof.
However, claim 1 has been amended to recite specific a-aminoketone-containing polyfunctionalized macromolecular photoinitiators of formulas (1)-(5).
The compound of formula (1) in claim 1 is obtained from the reaction of a double-bond-containing a-aminoketone photoinitiator A of formula:
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with a polythiol of formula B3.
The compound of formula (2) in claim 1 is obtained from the reaction of a double-bond-containing a-aminoketone photoinitiator A of formula:
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with a polythiol of formula B1.
The compound of formula (3) in claim 1 is obtained from the reaction of a double-bond-containing a-aminoketone photoinitiator A of formula:
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with a polythiol of formula B4.
The compound of formula (4) in claim 1 is obtained from the reaction of a double-bond-containing a-aminoketone photoinitiator A of formula:
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with a polythiol of formula B5.
The compound of formula (1) in claim 1 is obtained from the reaction of a double-bond-containing a-aminoketone photoinitiator A of formula:
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with a polythiol of formula B6.
There are no a-aminoketone-containing polyfunctionalized macromolecular photoinitiators obtained with a polythiol of formula B2 in claims 5 and 11, or with a combinations of polythiols.
Therefore, claims 2-5 and 8-11 fail to further limit the subject matter of claims 1 and 7.
Applicant may cancel the claims, amend the claims to place the claims in proper dependent form, rewrite the claims in independent form, or present a sufficient showing that the dependent claims comply with the statutory requirements.
Allowable Subject Matter
Claims 1, 7, and 13-17 are allowed.
Temel et al. (“Synthesis of Main Chain Polymeric Benzophenone Photoinitiator via Thiol-ene Click Chemistry and Its Use in Free Radical Polymerization”) teach the synthesis of polymeric photoinitiator via thiol-ene click chemistry (abstract), but fail to teach the a-aminoketone-containing polyfunctionalized macromolecular photoinitiator in claim 1.
There are no prior art teachings that would motivate one of ordinary skill to modify Temel et al. and obtain the a-aminoketone-containing polyfunctionalized macromolecular photoinitiator in claim 1 of the instant application.
Response to Arguments
Applicant’s arguments with respect to claims 1-5, 7-11, and 13-17 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.
The examiner would like to note that:
-the objection to the drawings is withdrawn after the filing of the replacement drawings;
-the rejection of claims 1, 2, and 13-17 under 35 U.S.C. 103 as being unpatentable over Yamato et al. (EP 1 177 182 B1) in view of Temel et al. (“Synthesis of Main Chain Polymeric Benzophenone Photoinitiator via Thiol-ene Click Chemistry and Its Use in Free Radical Polymerization”) is withdrawn after the applicant’s amendment to claim 1;
-the rejection of claims 4 and 5 under 35 U.S.C. 103 as being unpatentable over Yamato et al. (EP 1 177 182 B1) in view of Temel et al. (“Synthesis of Main Chain Polymeric Benzophenone Photoinitiator via Thiol-ene Click Chemistry and Its Use in Free Radical Polymerization”) as applied to claim 1 and in further view of Yang (“Health Safety Research Progress of Photoinitiators”, made of record by the applicant on July 26, 2023) is withdrawn after the applicant’s amendment to claim 1;
-the rejection of claims 1-3 and 13-17 under 35 U.S.C. 103 as being unpatentable over Ming et al. (CN 114605572 A, with attached machine translation) in view of Temel et al. (“Synthesis of Main Chain Polymeric Benzophenone Photoinitiator via Thiol-ene Click Chemistry and Its Use in Free Radical Polymerization”) is withdrawn after the applicant’s amendment to claim 1;
-the rejection of claims 7 and 8 under 35 U.S.C. 103 as being unpatentable over Yamato et al. (EP 1 177 182 B1) in view of Temel et al. (“Synthesis of Main Chain Polymeric Benzophenone Photoinitiator via Thiol-ene Click Chemistry and Its Use in Free Radical Polymerization”) as applied to claim 1 above, and further in view of Toda et al. (US 2016/0145392) and Kapar (US Patent 3,192,224) is withdrawn after the applicant’s amendment to claim 1;
-the rejection of claims 7-9 under 35 U.S.C. 103 as being unpatentable over Ming et al. (CN 114605572 A, with attached machine translation) in view of Temel et al. (“Synthesis of Main Chain Polymeric Benzophenone Photoinitiator via Thiol-ene Click Chemistry and Its Use in Free Radical Polymerization”) as applied to claim 1 above, and further in view of Toda et al. (US 2016/0145392) and Kapar (US Patent 3,192,224) is withdrawn after the applicant’s amendment to claim 1; and
-the rejection of claims 10 and 11 under 35 U.S.C. 103 as being unpatentable over Yamato et al. (EP 1 177 182 B1) in view of Temel et al. (“Synthesis of Main Chain Polymeric Benzophenone Photoinitiator via Thiol-ene Click Chemistry and Its Use in Free Radical Polymerization”), Toda et al. (US 2016/0145392) and Kapar (US Patent 3,192,224) as applied to claim 7 above, and further in view of Yang (“Health Safety Research Progress of Photoinitiators”, made of record by the applicant on July 26, 2023) is withdrawn after the applicant’s amendment to claim 1.
However, new grounds of rejection for claims 2-5 and 8-11 are shown in paragraphs 4 and 5 above.
Conclusion
Applicant's amendment necessitated the new grounds 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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/ANCA EOFF/Primary Examiner, Art Unit 1722
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