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 .
Claim Rejections - 35 USC § 101
2. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
3. Claim 7 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because a use is not a statutory category of invention. In accordance with Office practice claim 7 has not been further examined on the merits.
Claim Rejections - 35 USC § 112
4. 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.
5. Claims 1-6 and 8-16 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.
Throughout the claims, it is unclear what constitutes an alkylene derivative. The examiner has reviewed the specification; however, it is not seen that guidance has been provided in determining exactly what structures are encompassed by the language.
Prior Art Rejection
6. 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.
7. Claims 6, 8, and 10-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 104812795 A or CN 108699073 A.
Each reference discloses electrically conductive conjugated polymers produced from fused ring dione monomers, wherein the monomers correspond to those claimed. See abstract and claims of CN 104812795 A. See abstract, claims, and page 1,2, and 5-11 of CN 108699-007 A. Regarding the claimed applications of claims 8 and 10, since the disclosed polymers are conductive, to the extent claimed, the disclosed polymers inherently function as an electron transport layer and or electromagnetic shielding material. Regarding claims 11 and 12, since the claimed monomers are disclosed that yield polymers according to the invention of the claims, the claimed supermolecular, self-assembly characteristics are inherent features of the disclosed polymers. Regarding claims 6 and 13-16, it has not been established that the claimed process limitations yield a patentably distinct product.
Allowable Subject Matter
8. Claims 1-5 and 9 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. The prior art of record fails to disclose the claimed process of producing the conjugated polymer of claims 1-5 by the reaction of the claimed monomers under the action of a substance having oxidability. Regarding claim 9, the prior art fails to disclose the claimed thermoelectric material comprising the claimed n-type conjugated polymer.
Conclusion
9. 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
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