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
Applicant’s election without traverse of Group I wherein the compound per formula (1) has a 6-membered aromatic hydrocarbon ring and a substituent in the reply filed on June 18, 2026 is acknowledged.
Claims 9-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on June 18, 2026.
Claim Rejections - 35 USC § 112
Claims 1-8 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 1 and 5, the optional substituents contained by the A groups are not defined.
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.
(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 1-8 are rejected under 35 U.S.C. 102(a1) and (a2) as being anticipated by US 2020/0291181 (Oishi).
As to claims 1 and 2, Oishi discloses (Example 2 [0161]) the use of a compound having the formula
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128
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in the production of a polyamide polybenzimidazole precursor. Oishi’s exemplified compound meets the presently claimed formula (1) wherein R1 is a substituted alkylene group and each A is a substituted monocyclic aromatic ring group containing a 6-membered aromatic hydrocarbon group.
As to claim 3, given that Oishi’s exemplified compound is substituted with fluoroalkyl groups, consistent with Applicants’ disclosure per [0042], such would inherently have a greater n-electron deficiency than a benzene ring.
As to claim 4, Oishi’s exemplified compound is substituted with alkyl groups containing fluorine atoms.
As to claims 5 and 6, Oishi does not expressly disclose the exemplified compound as a cross-linking agent. However, given its identical structure, it would inherently have a cross-linking function. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
As to claim 7, given that the Oishi’s exemplified compound is substituted with fluoroalkyl groups, consistent with Applicants’ disclosure per [0042], such would inherently have a greater n-electron deficiency than a benzene ring.
As to claim 8, Oishi’s exemplified compound is substituted with alkyl groups containing fluorine atoms.
Claims 1-8 are rejected under 35 U.S.C. 102(a1) and (a2) as being anticipated by US 2018/0179374 (Noguchi).
Noguchi discloses a composition a fluoropolymer and a crosslinker inclusive of bisdiaminophenyl crosslinkers [0107] having the formula
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.
Suitable bisdiaminophenyl crosslinkers include 2,2-bis[3-amino-4(N-perfluorophenylamino)phenyl]hexafluoropropane [0109], wherein R4 is a hexafluoropropane group, each R5 is an NH2 group and each R6 is a perfluorophenyl group.
As to claims 1, 2, 5 and 6, Naguchi’s exemplified crosslinker compound meets the presently claimed formula (1) wherein R1 is a substituted alkylene group and each A is a substituted monocyclic aromatic ring group containing a 6-membered aromatic hydrocarbon group.
As to claims 3 and 7, given that Naguchi’s exemplified compound is substituted with fluorine atoms, consistent with Applicants’ disclosure per [0042], such would inherently have a greater n-electron deficiency than a benzene ring.
As to claims 4 and 8, Naguchi’s exemplified compound is substituted with fluorine atoms.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ana L Woodward whose telephone number is (571)272-1082. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Kelley can be reached at 571-270-1831. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANA L. WOODWARD/Primary Examiner, Art Unit 1765
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