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 .
The applicant's election of Group I, claims 1-15, 17-19 and 21, without traverse in their reply dated 4/10/2026 is acknowledged. Claims 16, 20, and 23-47 were cancelled. Claim 22 wase withdrawn. Claims 1-15,17-19 and 21 are considered on the merits below.
Information Disclosure Statement
The Information Disclosure Statements filed on 3/13/2024 and 9/26/2024 are in compliance with the provisions of 37 CFR 1.97 and have been considered. An initialed copy of the Form 1449 is enclosed herewith.
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 1-15, 17-19, and 21 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.
Regarding claim 1, the claim is indefinite because there are two compounds listed formula (I) and formula (II) without indicating an “and” or an “or” between them. It is unclear if both are required or just one. For examination purposes the examiner interprets there is an “or” between the limitations.
Dependent claims follow the same reasoning.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang et al. (US 2015/0323868 A1, provided on the IDS on 3/13/2024).
Regarding claims 1, 2, 3, 4, 5, and 6, Huang describes a polysiloxane matrix (page 2 “Polysiloxane (A)…”) comprising:
(a) a bis(trialkoxysilyl) monomer of formula (I):
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R1, R1’, R1”, R2, R2', and R2"are independently selected from CH3, CH2CH3, (CH2)2CH3, wherein L is selected from C1-C6 alkyl, C1-C6 heteroalkyl, C2-C6 alkenyl, C2-C6 heteroalkenyl, C2-C6 alkynyl, C1-C6 heteroalkynyl,
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wherein L' and L" are independently selected from, a covalent bond, C1-C6 alkyl or heteroalkyl, C2-C6 alkenyl or heteroalkenyl, C2-C6 alkynyl or heteroalkynyl, wherein L' and L2 are independently selected aryl or heteroaryl rings, wherein L' and L2 are linked by a covalent bond, and wherein L, L', L", and L' and L2 are optionally branched or substituted ([0034]
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); OR
(b) a dialkyldialkoxysilane monomer of formula (II):
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90
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wherein R3, R3', R4, and R4'are independently selected from CH3, CH2CH3, and (CH2)2CH3.
Regarding claim 7, Huang describes the polysiloxane matrix of claim 1, wherein the bis(trialkoxysilyl) monomer is 1,4- bis(trimethoxysilylethyl)benzene and the dialkyldialkoxysilane monomer is dimethyldimethoxysilane ([0033] “1,4-bis(trimethoxysilylmethyl)benzene,”).
Allowable Subject Matter
Claims 8-15, 17-19 and 21 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Reference Huang et al. (US 2015/0323868 A1, provided on the IDS on 3/13/2024) describe most of the limitations of claim 1, however fail to teach or suggest the subject matter of claim 8: “A composition comprising the polysiloxane matrix of claim 1 and an oxygen-sensitive fluorophore”.
None of the prior art discovered describes all the limitations alone or in combination, thus the prior art fails to teach or suggest all the limitations of claims 8-15, 17-19 and 21.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY R BERKELEY whose telephone number is (571)272-9831. The examiner can normally be reached M-Th 9-6.
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, Lyle Alexander can be reached at (571) 272-1254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LYLE ALEXANDER/Supervisory Patent Examiner, Art Unit 1797
/EMILY R. BERKELEY/
Examiner
Art Unit 1796
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