COMPOUND, METHOD FOR PRODUCING SAME, POLYMERIZABLE COMPOSITION, POLYMER, HOLOGRAPHIC RECORDING MEDIUM, OPTICAL MATERIAL, AND OPTICAL COMPONENT

§103 §112 §DOUBLEPATENT

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 . The response of the applicant has ben read and given careful. Consideration. The applicant has cancelled the non-elected claims rendering the restriction moot. Rejections of the previous action not repeated below are withdrawn. Responses to the arguments of the applicant are presented after the first rejection they are directed to. 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 18 and 19 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 claims 18 and 19 should these claims describe the “sulfur-containing aromatic heterocycle” as the substituent (this would capture the caser where the phenyl or carbazolyl groups are substituted by a sulfur-containing aromatic heterocycle) and the recited rings in claim 19 are examples of the sulfur-containing aromatic heterocycle In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 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. Claims 1,5 and 10-19 are rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa et al. WO 2021100654, in view of Chisholm et al. 20050049376 Ishikawa et al. WO 2021100654 (machine translation attached) exemplifies compounds including (pages 16-20) PNG media_image1.png 372 457 media_image1.png Greyscale PNG media_image2.png 428 447 media_image2.png Greyscale PNG media_image3.png 317 680 media_image3.png Greyscale These are bounded by formula (I) PNG media_image4.png 213 412 media_image4.png Greyscale In the formula, R .sup.1 represents a hydrogen atom or a methyl group. R .sup.2 represents an aromatic ring group which may have a substituent or an alkyl group substituted with an aromatic ring group which may have a substituent. X .sup.1 has a (thio) ester bond, a (thio) carbonate bond, a (thio) amide bond, a (thio) urethane bond, a (thio) urea bond, or a (thio) ether bond, or an oxygen, sulfur, or substituent. Represents a nitrogen atom that may have. X .sup.2 represents an oxygen, sulfur, or nitrogen atom that may have a substituent. A represents a divalent group which may have a substituent. L represents a (m + 1) valent linking group that may have a substituent. m represents an integer of 1 to 3. n represents 0 or 1. [0012-0013]. PNG media_image5.png 288 300 media_image5.png Greyscale (page 78), PNG media_image6.png 325 293 media_image6.png Greyscale PNG media_image7.png 262 241 media_image7.png Greyscale Compound M-1: 0.269 g as a polymerizable monomer, photopolymerization initiator HLI02: 0.0097 g, and radical scavenger TEMPOL: 3.33 mg are dissolved in Duranate® TSS-100: 2.53 g to A. It was made into a liquid. Separately, 1.73 g of Praxel PCL-205U and 0.74 g of Praxel PCL-305: 0.74 g were mixed (Plaxel PCL-205U: Praxel PCL-305 = 70: 30 (mass ratio)), and Tris (2-ethylhexanoate) was added. ) Bismuth octyl acid solution: 0.3 mg was dissolved to prepare solution B. Liquids A and B were degassed at 45 ° C. for 2 hours under reduced pressure, and then 2.39 g of solution A and 2.11 g of solution B were stirred and mixed, and degassed in vacuum for a few more minutes. Subsequently, the vacuum-degassed mixed solution is poured onto the slide glass on which a spacer sheet having a thickness of 0.5 mm is placed on the two opposite ends, the slide glass is placed over the slide glass, and the periphery is fixed with a clip. Then, it was heated at 80 ° C. for 24 hours to prepare a hologram recording medium 1 as an evaluation sample. In this evaluation sample, a recording layer having a thickness of 0.5 mm is formed between slide glasses as a cover. The hologram recording medium 1 is blended with a ratio of the number of isocyanate radicals in solution A to the number of isocyanate-reactive groups in solution B of 1.0, a polymerizable monomer of 58.3 μmol / g, and a photopolymerization initiator of 3. The amount was .63 μmol / g and the radical scavenger was 3.63 μmol / g. Using the hologram recording media 1 and 2 produced as the evaluation samples, the hologram recording and the hologram recording performance of the hologram recording medium were evaluated by the procedure described below. Hologram recording was performed using a semiconductor laser having a wavelength of 405 nm and an exposure power density of 7.5 mW / cm .sup.2 per beam using the exposure apparatus shown in FIG. The medium was rotated from -18 ° to 18 ° and angle multiple recording was performed at the same location. Diffraction efficiency at each multiplex recording was measured. Δn was calculated from the obtained diffraction efficiency, and the total sum of the entire multiple recordings was taken as total Δn [0333-0351]. As described above, in the optical element application of the AR glass light guide plate, the higher the total Δn, the brighter the projected image and the wider the viewing angle. For example, Δn = 1.7 times (0.0123 .fwdarw. 0.0213) corresponds to 2.1 times the diffraction efficiency, which means that the brightness of the projected image is improved 2.1 times. This means that for the same projected image brightness, the power consumption is increased by 0.5 times or the battery usage time is increased by 2.1 times. Further, in memory applications, the recording capacity can be improved by improving total Δn [0408]. Further, in recent years, studies have been conducted on applying a hologram recording medium developed for memory applications to optical element applications for AR glass light guide plates [0006,0291,0299-0303]. Chisholm et al. 20050049376 teaches exemplifies monomers. PNG media_image8.png 113 336 media_image8.png Greyscale PNG media_image9.png 115 382 media_image9.png Greyscale PNG media_image10.png 143 328 media_image10.png Greyscale PNG media_image11.png 108 339 media_image11.png Greyscale PNG media_image12.png 130 403 media_image12.png Greyscale PNG media_image13.png 85 313 media_image13.png Greyscale PNG media_image14.png 92 314 media_image14.png Greyscale These are bounded by formula (I) PNG media_image15.png 131 366 media_image15.png Greyscale wherein Z is an ethylenically unsaturated group; X is O, S, or NH; L.sup.1 and L.sup.2 are each independently C.sub.1-C.sub.3 alkylene, --(C.sub.1-C.sub.3 alkylene)-S--(C.sub.1-C.sub.3 alkylene)-, or --(C.sub.1-C.sub.3 alkylene)-O--(C.sub.1-C.sub.3 alkylene)-; R is hydrogen or C.sub.1-C.sub.6 alkyl; R.sup.1 and R.sup.2 are each independently aryl, including phenyl or naphthyl, aryl(C.sub.1-C.sub.6 alkylene)-, heteroaryl, or heteroaryl(C.sub.1-C.sub.6 alkylene)-, each of which group is substituted with 0 to 5 substituents independently chosen from halogen, C.sub.1-C.sub.4alkyl, C.sub.1-C.sub.4alkoxy, (C.sub.1-C.sub.4alkyl)S--, C.sub.1-C.sub.4haloalkyl, and C.sub.1-C.sub.4haloalkoxy; and Y.sup.1 and Y.sup.2 are each independently O, S, NH or N, with the proviso that when Y.sup.1 and Y.sup.2 are both S, i) X is S, ii) at least one of R.sup.1 and R.sup.2 is heteroaryl or heteroaryl(C.sub.1-C.sub.6 alkylene) substituted as previously described, or iii) one or both of L.sup.1 and L.sup.2 are--(C.sub.1-C.sub.3 alkylene)-S--(C.sub.1-C.sub.3 alkylene)-, or --(C.sub.1-C.sub.3 alkylene)-O--(C.sub.1-C.sub.3 alkylene)-; and with the proviso that when Y.sup.1 or Y.sup.2 is N, then each corresponding combination R.sup.1--Y.sup.1 or R.sup.1--Y.sup.2 is independently an N-containing heteroaryl excluding carbazole [0016-0017]. Still other embodiments include articles made from any of the cured compositions. Articles that may be fabricated from the compositions include, for example, optical articles, such as light management films (LMF) for use in back-light displays; projection displays; traffic signals; illuminated signs; optical lenses; Fresnel lenses; optical disks; diffuser films; holographic substrates; or as substrates in combination with conventional lenses, prisms or mirrors [0075]. Ishikawa et al. WO 2021100654 does not exemplify compounds bounded by formula (I) where the (X2-A)n-S-R2 are different moieties. With respect to claims 1,5 and 18, it would have been obvious to modify monomer PNG media_image16.png 163 178 media_image16.png Greyscale by replacing one or two of the thiobenzothiazole moieties with an oxobenzothiazole groups used in forming the monomer PNG media_image17.png 168 177 media_image17.png Greyscale in a manner similar to the manner used in example 5 of Chisholm et al. 20050049376 to produce the asymmetric monomer PNG media_image18.png 188 430 media_image18.png Greyscale with a reasonable expectation of forming a useful high refractive index monomer based upon the monomers PNG media_image19.png 255 278 media_image19.png Greyscale and PNG media_image20.png 263 277 media_image20.png Greyscale of Ishikawa et al. WO 2021100654 and the disclosure of PNG media_image21.png 154 478 media_image21.png Greyscale and that the high refractive index moieties can be the same or different in PNG media_image21.png 154 478 media_image21.png Greyscale . With respect to claims 18, the benzothiazole is an aromatic ring containing moiety and a sulfur containing aromatic heterocycle With respect to claims 1,5 and 18-19, it would have been obvious to modify monomer by replacing one of the sulfur containing moieties including the thioether linkage to the (meth)acrylate moiety of monomers PNG media_image22.png 194 213 media_image22.png Greyscale or PNG media_image23.png 198 230 media_image23.png Greyscale PNG media_image24.png 208 207 media_image24.png Greyscale or PNG media_image25.png 213 233 media_image25.png Greyscale with an oxobenzothiazole or thiobenzothiazole moiety used in forming the monomers PNG media_image17.png 168 177 media_image17.png Greyscale PNG media_image16.png 163 178 media_image16.png Greyscale in a manner similar to the manner used in example 5 of Chisholm et al. 20050049376 to produce the asymmetric monomer PNG media_image18.png 188 430 media_image18.png Greyscale with a reasonable expectation of forming a useful high refractive index monomer based upon the monomers PNG media_image19.png 255 278 media_image19.png Greyscale and PNG media_image20.png 263 277 media_image20.png Greyscale of Ishikawa et al. WO 2021100654 and the disclosure of PNG media_image21.png 154 478 media_image21.png Greyscale and that the high refractive index moieties can be the same or different in PNG media_image21.png 154 478 media_image21.png Greyscale . With respect to claims 18, the benzothiazole is an aromatic ring containing moiety and a sulfur containing aromatic heterocycle and with respect to claim 19, the examiner has interpreted the claims as embracing the phenyl-sulfur containing heterocycle moieties (see 112 above) With respect to claims 10-17, in addition to the basis above, it would have been obvious to add the resulting monomers in forming a photopolymerizable composition including a photoinitiator (claims 10-15) and using it to record a hologram, (claims 16) including those which can be used in augmented reality (AG) devices based upon the disclosure of the formation of holograms and optical devices in Ishikawa et al. WO 2021100654 at [0006,0291,0299-0303] and Chisholm et al. 20050049376 at [0075]. The applicant argues that that Ishikawa et al. does not exemplify or render the compounds claimed obvious and that the monomers of the references are not related. The examiner agrees that the monomers are not anticipated/exemplified by either of the references. The examiner disagrees with the argued position that the monomers of the references are not related/analogous. In addition to the urethane acrylates of Ishikawa et al. WO 2021100654 used in the statements of obviousness, Ishikawa et al. WO 2021100654 teaches acrylates including exemplifying PNG media_image26.png 121 142 media_image26.png Greyscale and PNG media_image27.png 113 127 media_image27.png Greyscale on page 16., which are clearly related to PNG media_image21.png 154 478 media_image21.png Greyscale of Chisholm et al. 20050049376, the common disclosed of benzothiazole groups as high refractive index moieties and the use of these monomers in forming holograms and optical devices in the references clearly establishes that these are analogous. The data in the specification has not established that replacing the -S- (thioether) linkage with an -O- (ether) linkage material affects the optical properties. Claims 1,5 and 10-17 are rejected under 35 U.S.C. 103 as being unpatentable over Purvis et al. 20220153895, in view of Hioki et al. JP 2017014213 and Chisholm et al. 20050049376 Purvis et al. 20220153895 exemplifies on page 5 acrylate and urethane acrylate compounds including: PNG media_image28.png 197 180 media_image28.png Greyscale PNG media_image29.png 179 195 media_image29.png Greyscale PNG media_image30.png 193 153 media_image30.png Greyscale These are bounded by the formulae PNG media_image31.png 195 346 media_image31.png Greyscale wherein in Formula IIa and Formula IIb: R.sub.20 is a substituent comprising an optionally substituted acrylate, an optionally substituted methacrylate, or a combination thereof; R.sub.21 and R.sub.22 are each independently an optionally substituted aryl or C(R.sub.23).sub.3; and R.sub.23 is at each independent occurrence is an optionally substituted aryl [0012-0013]. These are synthesized in the examples [0357-0364,0367-0372]. These compounds can be used to form the Bragg holographic gratings of figure 3 and in the production of augmented reality system illustrated in figure 4 [0027-0028,0252-0254,0256] Hioki et al. JP 2017014213 exemplifies compounds PNG media_image32.png 393 473 media_image32.png Greyscale which are bounded by formula PNG media_image33.png 203 250 media_image33.png Greyscale Wherein, R .sup.1 represents a hydrogen atom or a methyl group, R .sup.2 represents an aromatic ring which may have a substituent, and X .sup.1 and X .sup.2 are each independently oxygen, sulfur, or substituted. Represents a nitrogen atom which may have a group, A .sup.1 and A .sup.2 each independently represent a divalent group, and m and n each independently represent an integer of 0 or 1. R .sup.2 in may have a condensed ring as also aromatic ring having a substituent R .sup.2, large aromatic hydrocarbon ring, aromatic heterocyclic ring, the aralkyl group Can be separated. Aromatic hydrocarbon rings include benzene, naphthalene, anthracene, phenanthrene, perylene, tetracene, pyrene, benzpyrene, chrysene, biphenylene, triphenylene, acenaphthene, fluoranthene, fluorene, etc. The group of is mentioned. As aromatic heterocycles, furan ring, benzofuran ring, dibenzofuran ring, thiophene ring, benzothiophene ring, dibenzothiophene ring, naphthothiophene ring, dinaphthothiophene ring, pyrrole ring, indole ring, carbazole ring, pyridine ring, quinoline ring , Aromatic heterocycles containing one heteroatom such as isoquinoline ring; heteroatoms such as imidazole ring, triazole ring, tetrazole ring, oxazole ring, thiazole ring, pyridazine ring, pyrimidine ring, pyrazine ring, triazine ring, thiadiazole ring Aromatic heterocycles containing two or more of: benzoxazole ring, thienoxazole ring, thiazolooxazole ring, oxazolooxazole ring, oxazoloimidazole ring, oxazolopyridine ring, oxazolopyridazine ring, oxazolopyrimidine ring, ox Zolopyrazine ring, naphthoxazole ring, quinolinoxazole ring, dioxazolopyrazine ring, phenoxazine ring, benzothiazole ring, furothiazole ring, thienothiazole ring, thiazolothiazole ring, thiazoloimidazole ring, thienothiadiazole ring, thiazolo Aromatic heterocycles containing two or more heteroatoms such as thiadiazole, thiazolopyridine, thiazolopyridazine, thiazolopyrimidine, thiazolopyrazine, naphthothiazole, quinolinothiazole, and phenothiazine And a ring in which two or three rings are fused. These ring structures may be connected to a sulfur atom at an arbitrary position, and may have an arbitrary substituent. Examples of the aralkyl group include a benzyl group, a 2-phenylethyl group, a naphthylmethyl group, a furylmethyl group, a thienylmethyl group, a benzothienylmethyl group, and the like, and may have an arbitrary substituent. Among these aromatic rings that may have a substituent, an aromatic hydrocarbon ring is preferable, and a naphthalene ring, anthracene ring, and fluorene ring are more preferable from the viewpoint of achieving both a low water absorption and a high refractive index [0014-0017]. Exemplified monomers include PNG media_image34.png 342 248 media_image34.png Greyscale PNG media_image35.png 214 156 media_image35.png Greyscale PNG media_image36.png 120 216 media_image36.png Greyscale (Example 5) Using the above-mentioned compound M-1, PNG media_image37.png 219 159 media_image37.png Greyscale a hologram recording medium was produced by the following procedure. <Preparation of photoreactive composition for hologram recording medium> Compound M-1 (polymerizable monomer) and diphenyl (2,4,6-trimethylbenzoyl) phosphine oxide (photopolymerization initiator) were dissolved in hexamethylene diisocyanate (isocyanate) to obtain liquid A. Next, an octylic acid solution of tris (2-ethylhexanoate) bismuth (urethane polymerization catalyst) was dissolved in polyoxypropylene glycol (polyol) having a molecular weight of about 1000 to prepare a B solution. Each of liquid A and liquid B was degassed under reduced pressure at 45 ° C. for 2 hours, and then liquid A and liquid B were stirred and mixed, and further degassed under reduced pressure for several minutes. <Production of hologram recording medium> Subsequently, a spacer sheet having a thickness of 1.5 mm and a width of 10 mm is placed on the ends of two opposite sides of 75 mm of a rectangular slide glass of 25 mm × 75 mm, and the above mixed liquid is vacuum degassed between the spacer sheets on the slide glass. Then, another glass slide was placed thereon, the periphery was fixed with a clip and heated at 80 ° C. for 24 hours to produce a hologram recording medium. In this hologram recording medium, a recording layer having a thickness of 1.5 mm is formed between slide glasses as a support. In addition, a plurality of the above-mentioned hologram recording media were produced for evaluation of recording performance described later. (Comparative Example 2) As compound M-5, 1,4-bis (2-naphthylthio) -2-butyl acrylate was synthesized according to the following procedure. To a mixture containing 2.69 g of potassium t-butoxide stirred in 40 ml of acetone at room temperature, 3.21 g of 2-naphthalenethiol was added. The red colored solid dissolved and the mixture was stirred for an additional 15 minutes. 2.54 g of 1,4-dibromo-2-butanol was added over 15 minutes and a precipitate formed. After 1 hour, it was confirmed that 2-naphthalenethiol completely disappeared by thin layer chromatography (using 40% dichloromethane / hexane as a developing solvent). The mixture was filtered and washed with 20 ml of acetone and the filtrate was concentrated on a rotary evaporator. The resulting brown solid was crystallized from cyclohexane to yield the intermediate butanol compound as a yellow powdery solid (3.0 g, 76% yield). Recrystallization with isopropyl alcohol produced a pure intermediate butanol compound that could be obtained. To a solution of 1.96 g of intermediate butanol compound and 0.51 g of triethylamine, which was stirred at 0 ° C. in 40 ml of dichloromethane, 0.46 g of acryloyl chloride was added and stirred for 1 hour. It is washed with 10 ml of 5% aqueous sodium bicarbonate solution and 10 ml of deionized water, dried over anhydrous sodium sulfate, the solvent is removed on a rotary evaporator and 2.10 g of compound M-5 as a yellow viscous oil. (94% yield) was obtained. PNG media_image38.png 123 514 media_image38.png Greyscale Compound M-5 is a compound having a high refractive index contrast and useful as a polymerizable monomer for a hologram recording medium in Japanese Patent Application Publication No. 2005-527867 and International Publication No. 2003/102693 pamphlet. In Example 5, M-5 was used in place of Compound M-1 as the polymerizable monomer, and B A holographic recording medium of Comparative Example 2 was prepared in the same manner except that dibutyltin dilaurate (urethane polymerization catalyst) was dissolved in polyoxypropylene glycol (polyol) having a molecular weight of about 1000 as the liquid. Table 1 shows the content of each material in the photoreactive compositions used in Example 5 and Comparative Example 2. <Hologram recording and evaluation method> Using the hologram recording media of Example 5 and Comparative Example 2 described above, the hologram recording performance was evaluated by the procedure described below. The incident angle to the hologram recording medium was 61 multiple recordings at the same location from -30 ° to 30 ° every other 1 °, and the sum of the square roots of diffraction efficiency at that time was M / # (M number). Hereinafter, the measurement method will be described in detail with reference to FIG. (Measurement of M / #) FIG. 1 is a configuration diagram showing an outline of an apparatus used for hologram recording. In FIG. 1, S indicates a hologram recording medium, M1 and M2 both indicate mirrors, PBS indicates a polarization beam splitter, and L1 indicates a semiconductor laser light source for recording light that emits light having a wavelength of 405 nm (a single mode manufactured by TOPPICA Photonics). Laser), PD1 And PD2 indicate a photodetector (S2281 manufactured by Hamamatsu Photonics). Reference numeral 1 denotes a post-exposure LED unit. The light having a wavelength of 405 nm generated from L1 was divided by PBS, and crossed on the recording surface so that the angle formed by the two beams was 37.3 °. At this time, the bisector of the angle formed by the two beams is perpendicular to the recording surface, and the vibration planes of the electric field vectors of the two beams obtained by the division are two intersecting lines. Irradiation was performed so as to be perpendicular to the plane including the beam. The above case was set to 0 °, and the angle of moving the hologram recording medium with respect to the optical axis was changed from -30 ° to 30 ° in increments of 1 degree, and 61-multiplex recording was performed. After 61 multiple recording, the LED unit 1 (wavelength 405 nm) was turned on for a certain period of time to perform post-exposure, and the polymerizable monomer remaining without being polymerized was completely polymerized. Subsequently, only the light (wavelength 405 nm) from the mirror M1 in FIG. 1 is irradiated as the reference light, the reproduction light is detected by PD1 and PD2, and a photo sensor amplifier (C9329 manufactured by Hamamatsu Photonics, not shown) is used. The diffraction efficiency from an angle of −30 ° to 30 ° was measured. The sum of the square roots of the obtained diffraction efficiencies over the entire multiple recording area was defined as M / #. Using a plurality of hologram recording media prepared for each example and comparative example, the evaluation was performed a plurality of times by changing the increase and decrease of the irradiation energy at the initial stage of recording and the increase and decrease of the total irradiation energy. The irradiation energy was changed in the range of 10 to 3000 mJ / cm .sup.2 by changing the irradiation time with the power density of L1 being 15 mW / cm .sup.2 . Specifically, several percent for each recording While maintaining the above diffraction efficiency, a condition for allowing the contained monomer to polymerize almost completely by 61 multiplex recording (M / # almost reaches equilibrium by 61 multiplex recording) was sought, and the maximum value was obtained as M / #. I was able to. The maximum value obtained was defined as M / # of the medium. <Evaluation results of M / #> M / # of the hologram recording medium of Example 5 was 18.4, and M / # of the hologram recording medium of Comparative Example 2 was 11.6. It was found that a hologram recording medium having good recording characteristics can be obtained by using the polymerizable monomer having a high refractive index of the present invention [0204-0218] Purvis et al. 20220153895 exemplifies urethane acrylates with two thiophenyl or two phenoxy moieties as high refractive index moieties, but does not teach urethane acrylates with three high refractive index moieties or benzothiazole containing moieties as high refractive index moieties. With respect to claims 1 and 5, it would have been obvious to modify the urethane acrylates PNG media_image28.png 197 180 media_image28.png Greyscale PNG media_image29.png 179 195 media_image29.png Greyscale of Purvis et al. 20220153895, by adding third high refractive index moiety based upon the teachings of Hioki et al. JP 2017014213 which uses monomers with three high refractive index moieties and evidences their superiority in holographic recording media to those using a single high refractive index moiety (comparative example 1 and those having two high refractive index moieties (comparative example 2) and using a benzothiazole moiety as the high refractive index moiety based upon the use of benzothiazole moieties as high refractive index moieties in Hioki et al. JP 2017014213 and Chisholm et al. 20050049376, where Chisholm et al. 20050049376 establishes that the use of benzothiazole moieties in example 2 yields a monomer with a refractive index of 1.629, while a similar monomer (example 6) only has a refractive index of 1.603 so the higher refractive index is appreciated in the prior art.. With respect to claims 10-17, in addition to the basis above, it would have been obvious to add the resulting monomers in forming a photopolymerizable composition including a photoinitiator (claims 10-15) and using it to record a hologram, (claims 16) including those which can be used in augmented reality (AG) devices based upon the disclosure of the formation of holograms and optical devices in Purvis et al. 20220153895 at [0027-0028,0252-0254,0256] , Hioki et al. JP 2017014213 at [0204-0218] and Chisholm et al. 20050049376 at [0075] The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1,5 and 10-17 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of copending Application No. 19/087805 (20250206731) in view of Purvis et al. 20220153895 and Chisholm et al. 20050049376 PNG media_image39.png 597 381 media_image39.png Greyscale PNG media_image40.png 239 384 media_image40.png Greyscale PNG media_image41.png 78 369 media_image41.png Greyscale Claims 1-18 of copending Application No. 19/087805 dope not require a benzothizole groups to be one of the moieties or recite a urethane linkage for L. It would have been obvious to one skilled in the art to produce a monomer bounded by formula (I) of copending Application No. 19/087805 where the high refractive index moieties R1 and R3 are phenyl as taught in Purvis et al. 20220153895 and Chisholm et al. 20050049376 and R2 is a benzothiazole which is bounded by formula (2) of claim 8 of copending Application No. 19/087805 and taught as a useful high refractive index moiety in Chisholm et al. 20050049376 with a reasonable expectation of forming a useful monomer, photopolymerizable composition including it and polymerized hologram based upon these references clearly describing holograms. This is a provisional nonstatutory double patenting rejection. Claims 1,5 and 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12717227 in view of Chisholm et al. 20050049376 With respect to claims 1,5 and 18-19, it would have been obvious to form a monomer similar to the (meth)acrylate moiety of monomers or PNG media_image24.png 208 207 media_image24.png Greyscale or PNG media_image25.png 213 233 media_image25.png Greyscale with an phenyl-oxobenzothiazole or phenyl-thiobenzothiazole moiety based upon the different high refractive index moieties in example 5 of Chisholm et al. 20050049376 to produce the asymmetric monomer PNG media_image18.png 188 430 media_image18.png Greyscale with a reasonable expectation of forming a useful high refractive index monomer based upon the monomers and the disclosure of PNG media_image21.png 154 478 media_image21.png Greyscale and that the high refractive index moieties can be the same or different in PNG media_image21.png 154 478 media_image21.png Greyscale . With respect to claims 18, the benzothiazole is an aromatic ring containing moiety and a sulfur containing aromatic heterocycle and with respect to claim 19, the examiner has interpreted the claims as embracing the phenyl-sulfur containing heterocycle moieties (see 112 above) 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 Martin J Angebranndt whose telephone number is (571)272-1378. The examiner can normally be reached 7-3:30 pm EST. 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, Ching-Yu (Coris) Fung can be reached at 571-270-5713. 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. MARTIN J. ANGEBRANNDT Primary Examiner Art Unit 1737 /MARTIN J ANGEBRANNDT/Primary Examiner, Art Unit 1737 October 5, 2026