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 .
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.
Claims 1-20 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.
The claims contain language that is unclear and therefore renders the claims indefinite. The indefinite phrase is repeated throughout the claims and appears specifically in claims 1, 3, 4, 6, 7, 9, 10 and 12. The phrase is used in the same manner, but only the first instance wherein the phrase is used in claim 1 will be discussed. The Applicant should correct each of the instances in the identified claims.
In claim 1, the Applicant designates “j” as signifying the number or R11 groups in Formula (1). However, the Applicant recites “in Formula (1), j represents an integer of 0 or greater and 4 or less, j pieces of R11’s each independently represent…” (emphasis added). The terminology “j pieces of R11’s is unclear and not standard in the art. It has been interpreted to mean that when “j” is an integer greater than zero each of the R11 groups may be selected from the recited list, however the Applicant should amend the claims to reflect this. Appropriate correction is required. The same language is repeated through the claims and specification.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. WO 2008/050669 (henceforth WO ‘669) teaches a photoreceptor comprising a polycarbonate copolymer having the repeating groups of the following Formula (1) and (2):
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498
542
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WO ‘669 further teaches that the diol of formula (3) should be present in an amount of 90 ppm or less and is not a component of the polycarcbonate resin (Abstract). As such, WO ‘669 teaches the requisite formulas of claim 1, but does not teach they form a polycarbonate polymer.
WO 2012/115088 (henceforth WO ‘088) teaches a photoreceptor comprising a polycarbonate resin having the following formula (1) (see Abstract and [0016-23]):
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82
422
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.
In the above formula (1) Ar1 is represented by the following formula (2), Ar2 is represented by the following formula (3) and Ar3 is represented by the following formula (4) (see [0016-23]):
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78
216
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158
242
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.
In the above formula (3) X2 is a divalent group and not a bond ([0023]). As such, the polycarbonate resin of WO ‘088 is structurally different from that claimed by the Applicant in pending claim 1. Neither of WO ‘669 or WO ‘088 teach the use of two biphenyl monomeric units in the polyester/polycarbonate resins.
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/PETER L VAJDA/Primary Examiner, Art Unit 1737 01/21/2026