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 with traverse of Group I: Claims 1-4 in the reply filed on 06/11/2026 is acknowledged. The traversal is on the ground(s) that restriction is not proper under MPEP § 803 because the inventions are not independent or distinct and there is no serious burden. Although the prior restriction requirement file dated 05/04/2026 appears to be written under an incorrect unity of invention analysis for a §371 national stage application, the restriction is maintained as proper under MPEP § 803 because the inventions are independent or distinct from each other because the crosslinking agent having formula (1) of Group I may be used in a materially different product such as a monomer to form a polymer, and the curable composition of Group II may be used with a materially different crosslinking agent. Furthermore, there is a serious search and/or examination burden because one or more of the following reasons apply: (a) the inventions have acquired a separate status in the art in view of their different classification; (b) the inventions have acquired a separate status in the art due to their recognized divergent subject matter; (c) the inventions require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries); (d) the prior art applicable to one invention would not likely be applicable to another invention; (e) the inventions are likely to raise different non-prior art issues under 35 U.S.C. 101 and/or 35 U.S.C. 112, first paragraph.
The requirement is still deemed proper and is therefore made FINAL.
Claims 5-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 06/11/2026.
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.
Claim 1 is 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.
Claim 1 recites the “formula (1TQ)…” However, in line 3, the claim recites “[Formula 1]” which appears to be incorrect.
Claims 2-4 are dependent claims which fail to alleviate the issues above.
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.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
US 2001/0009966 A1 to Wunsch et al. (hereinafter Wunsch).
Regarding claims 1-4, Wunsch teaches a tetrakis(2-vinylbenzyl)silane (para 114), which has the formula
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268
268
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. This meets the claimed formula (1TQ), wherein n=4, M is 1 carbon alkylene group.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
Yang et al., “Preparation of a pH-Responsive Porous Materials Functionalized by Pyridine Groups via the Heck Reaction,” Acta Chimica Sinica, vol. 73, pp. 623-628 (2015), as cited by the Applicant in IDS dated 10/07/2025. (hereinafter Yang).
Regarding claims 1-4, Yang teaches the formula
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186
201
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, (page 625). This meets the claimed formula (1TQ), wherein n=4, M is a single bond.
Claim(s) 1, 3-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tomaschautzky et al., “Tridentate Lewis-acids based on triphenylsilane,” Dalton Transaction, vol 46, pp. 1645-1659 (2017), as cited by the Applicant in IDS dated 10/07/2025. (hereinafter Tomaschautzky).
Regarding claims 1, 3-4, Tomaschautzky teaches the formula
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62
81
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(page 1652). This meets the claimed formula (1TQ), wherein n=3, M is a single bond, and R is hydrogen.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HA S NGUYEN whose telephone number is (571)270-7395. The examiner can normally be reached Mon-Fri, Flex schedule 7:30am-4:00pm.
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/HA S NGUYEN/Primary Examiner, Art Unit 1766
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