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 .
Election/Restrictions
Claims 19-22 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on July 2, 2026. Without acquiescing with the traversal, rejoinder will be considered where possible once the elected claims are determined to be allowable.
Newly submitted claims 23-28 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: The newly submitted claims correspond to a product and a process of using. The process can use a materially different product such as a composition containing only (meth)acrylate compounds.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 23-28 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Claim Rejections - 35 USC § 102
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.
Claims 1-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Huang et al (July 5, 2023, Matter 6, 2419-2438, 2418-2438).
The applied reference has a common inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
With regards to claim 1, Huang teaches a resin mixture for forming a multimaterial construction (abstract) that is formed from the following compounds:
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(page 2422) reading on having three functional groups bonded to the base molecule in the C=O and three terminal functional groups in C=C (page 2422),
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(page 2422) reading on a multifunctional thiol monomer having more than one second functional group between the terminal thiol group (page 2422),
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(page 2422) reading on the epoxy monomer, and a photoinitiator (page 2433).
With regards to claims 2 and 3, Huang teaches the composition to contain the following compound:
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(page 2422) reading on a urea group.
With regards to claims 4 and 5, Huang teaches the following compound:
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(page 2422) reading on three allyl groups.
With regards to claim 6, Huang teaches the following compound:
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(page 2422) reading on having 6 functional groups.
With regards to claim 7, Huang teaches the base molecule to include a triazine compound (page 2422).
With regards to claims 8 and 9, Huang teaches the composition to contain the following thiol compound:
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(page 2422) reading on a tetra-functional thiol.
With regards to claim 10, Huang teaches the composition to contain the following epoxy compound:
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(page 2422) reading on having two terminal epoxy groups.
With regards to claim 11, Huang teaches the use of photoinitiator blend (page 2433).
With regards to claim 12, Huang teaches the composition to include compounds that inhibit photopolymerization (page 2433).
Claims 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cunningham (WO 2018/157116).
With regards to claims 1-7, Cunningham teaches a thiol-ene based coating composition (abstract) that contains at least trifunctional ethylenically unsaturated monomers (abstract) and a photoinitiator (abstract). Cunningham teaches the monomers to include epoxy compounds (0016) and the at least trifunctional ethenically unsaturated monomer to include 1,3,5-triallyl,3,5-triazine-2,4,6-trione (triallyl isocyanurate) (0026).
With regards to claims 8 and 9, Cunningham teaches the thiol compound to include pentaerythritol tetrakis(3-mercaptoproprionate) (0036) reading on a tetra-functional thiol compound.
With regards to claim 10, Cunningham teaches the epoxy compound to be the following compound: 3,4-Epoxycyclohexane Methyl 3',4'- (0067) reading on having two terminal groups.
With regards to claim 11, Cunningham teaches the composition to include a photoinitiator (0046) and thermal initiators (0016).
With regards to claim 12, Cunningham teaches the addition of a stabilizer (0047).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA WHITELEY whose telephone number is (571)272-5203. The examiner can normally be reached 8 - 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached at 5712721130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JESSICA WHITELEY/ Primary Examiner, Art Unit 1763
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