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
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) 15-34 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2008/0044684 A1 to Chan et al. (hereinafter Chan).
Regarding claims 15-34, Chan teaches a polyimide obtained by first preparing a polyamic solution from mixing a dianhydride, water, and solvent with two different diamines (para 55), and the polyamic solution is cast as a film one support filmed, dried and imidized to form a polyimide film (para 233-234), wherein for Example 39, the mixture reacted is 50 mol% of 4,4’-oxydiphthalic anhydride (ODPA), 40 mol% of 4,4’-diaminodiphenylsulfone (DDS) and 10-40 mol% of 1,3-bis(4-aminophenoxy)benzene (1,3,4-APB), (See para 217-234, Table 1, Examples 39 and 40), which meets the claimed polyimide formula (Ia) and (Ib), wherein ODPA meets R1 and X1, and R3 and Y1, DDS meets R2, and 134-APB meets R4c, and a DDS:134-APB molar ratio of 0.80 : 0.20, which meets the claimed molar ratio. The above is mixed in a solvent of Dimethylacetamide (See examples), which meets the polar aprotic solvent, and the reaction mixture is heated from 0-200 deg C (See Fig. 1), in an inert atmosphere of nitrogen (para 233). Chan further teaches the above polyimide units will range from 10-500 units (para 85), preferably 10-200 (para 57), which meets the claimed combined m and n range. Chan states that if there is a slight excess of amine used, they can be terminated/chainstopped with phthalic anhydride used as terminal end groups (para 57 and 194), which meets the claimed stoichiometric balance. Chan further teaches the polyimide may further contain additives such as stabilizers, and flow aids (para 80).
In regard to the properties of the Mw and polydispersity, the one skilled in the art would have a reasonable expectation for the polyimide to have the claimed properties of the claimed invention because Chan teaches a substantially identical composition to the claimed invention such as the imidization reaction of ODPA, DDS, and 134-APB, in a molar ratio within the claimed range and Applicant states in their specification that it is the molar ratios which controls the degree of polymerization and the m and n ranges. See MPEP 2112.01. (Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)).
Conclusion
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/HA S NGUYEN/ Primary Examiner, Art Unit 1766
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