DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 3 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 3 is dependent upon canceled claim 2.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakayama et al. (2014/0127497) in view of Ye (CN 104710616 A).
Nakayama et al. teach a liquid composition comprising a polyamic acid of the claimed structure that is a reaction product of PPD and s-BPDA; N-methyl-2-pyrrolidone (aprotic solvent with a boiling point of 204°C); and a phosphorus compound (triphenyl phosphate, phosphoric acid monoethyl ester, or phosphoric monolauryl ester) [Examples]. The reaction of PPD and s-BPDA will produce the following structure:
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Nakayama et al. teach that the phosphorous compound can be any phosphorus compound [0064], including phosphorous acid compounds [0065].
Nakayama et al. fail to teach the claimed phosphorus acid compound.
However, Ye teaches that tris(2,4-di-tert-butylphenyl) phosphite is a common phosphorus acid derivative in an analogous composition as an antioxidant [0028].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use tris(2,4-di-tert-butylphenyl) phosphite as taught by Ye as the phosphorous acid compound in Nakayama et al. It is a simple substitution of one known element for another to obtain predictable results.
Response to Arguments
Applicant's arguments filed 8/26/2026 have been fully considered but they are not persuasive.
The applicant has made the argument that Nakayama et al. fail to teach the claimed phosphite or phosphonite. This has been remedied by the addition of Ye.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN USELDING whose telephone number is (571)270-5463. The examiner can normally be reached on M-F 8am to 6:30pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached on 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN E USELDING/ Primary Examiner, Art Unit 1763
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