Detailed Office Action
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Indefiniteness Rejection
2. 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.
3. Claims 1-17 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.
Firstly, within claim 1, the use of the word, rapid, renders the claims indefinite, because the word is subjective; in terms of time, it is unclear what quantitatively constitutes rapid, since this concept is fundamental to the invention, in view of the disclosure, its meaning must be unambiguous.
Secondly, a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation 0 oC to 80 oC, and the claim also recites 10 oC to 70 oC, with numerous less endpoints, which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Thirdly, regarding claims 3, 4, 7, 10, 12, 14, 15, and 17, the language denoted by “e.g.” renders the claims indefinite because it is unclear whether the denoted language sets forth limitations that are part of the claimed invention. See MPEP § 2173.05(d). It is unclear if or to what extent the exemplified language further limits the non-exemplified language.
Fourthly, with respect to claim 5, within the third line of text, it is unclear what is being conveyed by the use of “even”; it is not seen that the language is further limiting.
Comment with Respect to the Most Relevant Prior Art
4. The most relevant prior art is WO 2017/112653 A1, which discloses within page 42, line 26 through page 43, line 13, a continuous mixing process combining two precursors, wherein “continuous mixing” in view of the disclosed apparatus, corresponds to that of applicant as disclosed within the instant specification. The instant specification discloses that “continuously mixing” corresponds to continuous introduction of the ingredients to be mixed. While the prior art reference discloses the instant reactive blocked prepolymer, the reference fails to disclose the production thereof, as instantly claimed, wherein one precursor consists essentially of a polyisocyanate oligomer and the other precursor comprises an amine (meth)acrylate and these precursors are “continuously mixed”.
5. Claims 1-17 would be allowable if rewritten or amended 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.
Conclusion
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rabon A Sergent whose telephone number is (571)272-1079. The examiner can normally be reached on Monday through Friday from 9:00 AM until 5:00 PM, ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Riviere Kelley, can be reached at telephone number 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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/RABON A SERGENT/Primary Examiner, Art Unit 1765 2