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 § 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.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ito et al. (EP 585898).
Considering Claims 1 and 4: Ito et al. teaches a weak base anion resin (5:51-57) comprising alkylamine segments covalently bonded to crosslinking segments (3:17-28) comprising vinyl amine units (3:17-28) that are optionally alkylated to provide methylvinylamine, dimethylvinylamine, or diethylvinylamine (5:21-44); and teaches that the weak base anion resin absorbs organic acids (6:33-41).
Considering Claim 2: Ito et al. teaches the copolymer as being prepared from vinylamine and divinylbenzene (3:17-28).
Considering Claim 3: Ito et al. teaches the polymer as comprising a di(meth)acrylate (3:18-28).
Considering Claim 5: Ito et al. teaches the copolymer as being prepared from vinylamine and divinylbenzene (3:17-28) and teaches that the weak base anion resin absorbs organic acids (6:33-41).
Considering Claim 6: Ito et al. teaches the copolymer as being prepared from vinylamine and divinylbenzene (3:17-28) and teaches the polymer as comprising a di(meth)acrylate (3:18-28) and teaches that the weak base anion resin absorbs organic acids (6:33-41).
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tbal et al. (Reactive Polymers 17, 1992, 207-217).
Considering Claims 1-6: Tbal et al. teaches a resin comprising vinylamine segments covalently linked to a crosslinking agent that is divinylbenzene and/or ethylene glycol dimethacrylate (Abstract, Table 1), and teaches the resin as absorbing Cu(II), Pb(II), or Cd(II) (Table 3).
Response to Arguments
Applicant's arguments filed July 13, 2026 have been fully considered but they are not persuasive, because:
A) The applicant’s argument that Ito et al. does not teach the claimed alkylamine segments is not persuasive. Ito et al. Ito et al. teaches a weak base anion resin (5:51-57) comprising alkylamine segments covalently bonded to crosslinking segments (3:17-28) comprising vinyl amine units (3:17-28) that are optionally alkylated to provide methylvinylamine, dimethylvinylamine, or diethylvinylamine (5:21-44). Ito et al. teaches that the anion consists essentially of “a vinyl amine and divinylbenzene” (3:17-28), and thus explicitly teaches the claimed species. The examples show the polymers as being prepared from vinylformamide monomers that are then hydrolyzed to form the vinyl amine units claimed. These units are then optionally alkylated to provide methylvinylamine, dimethylvinylamine, or diethylvinylamine (5:21-44).
B) The applicant’s argument that Ito only absorbs organic acids, rather than ions, is not persuasive. Organic acids are explicitly claimed as preferred ions for the weak base anion resin (Claim 4).
C) The applicant’s argument that Tbal et al. only teaches vinyl amine and not other species is not persuasive. A genus does not always anticipate a claim to a species within the genus. However, when the species is clearly named, the species claim is anticipated no matter how many other species are additionally named. See Ex parte A, 17 USPQ2d 1716 (Bd. Pat. App. & Inter. 1990). See MPEP § 2131.02.
D) The applicant’s argument that chelating and absorption are different is not persuasive. During prosecution, claim terms are given there broadest reasonable interpretation consistent with the original specification. Tbal et al. teaches that the metal ions are attached to the amine functional groups of the resin, result in a resin with ions attached to the polymer beads (pg. 214). This reads on the broadest reasonable interpretation of absorbance, as the ions are removed from the liquid and attached to the polymer.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIAM J HEINCER whose telephone number is (571)270-3297. The examiner can normally be reached M-F 7:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Eashoo can be reached at 571-272-1197. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LIAM J HEINCER/Primary Examiner, Art Unit 1767
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