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 without traverse of Group I, claims 1-4, 6, 8-11 and 24-28 in the reply filed on 09/09/2026 is acknowledged.
Claims 29-35 and 46-50 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected groups, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 102
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) 1, 9-11 and 24 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Weber et al. Macromolecules 2008, 41, 2880-2885 (present on IDS).
Regarding claims 1 and 9-10, Weber teaches porous polyimide PI1 film (page 2883, 1st column, first line) with average pore size of 2.2 nm determined by small angle X-Ray scattering (page 2883, 2nd column, fourth para, last line), with BET specific surface area of 982 m2/g (page 2881, 2nd column, third para), meeting the claimed requirements.
Regarding claims 11 and 24, Weber teaches porous crosslinked polyimide network strucurePI1 comprising a polyimide backbone and an aromatic tetramine crosslinker, linked by direct bonding (Figure 2.), meeting the claimed requirements.
Claim(s) 1-4, 6, 8-11 and 24-28 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Meador et al.US 2015/0141544 A1.
Regarding claims 1-2, 4, 6, 8-9, 11 and 24-25, Meador teaches porous cross-linked polyimide networks (Fig. 12; Table 1, sample 1) with a polyimide main skeleton generated from a dianhydride and a diamine, along with a crosslinked structure as shown below. Meador’s sample 1 is derived from dianhydride BPDA which corresponds to the tetravalent organic group X, diamine ODA which corresponds to the divalent organic group Y, and is crosslinked with 1,3,5-Triaminophenoxybenzene (instant claims 11 and 24-25), with repeat units n value of 15, with density of 0.206 g/cm3, BET surface area of 377 m2/g (instant claims 8-9), which read on the claimed requirements.
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Meador crosslinked polyimide structure (and Table 1, sample 1, with n=15) as shown above is readily envisioned to be identical to general formula (5) as recited in the instant specification with the preferred repeat units n (instant specification para [0191], general formula (5) and para [0192]). Meador does not conduct small-angle X-ray scattering measurements to determine the pore size, size of the scattering vector q or the minimum values of a differential coefficient, or the three point bending test to measure bending elastic modulus and bending strength, however the required properties of instant claims 1-2, 4 and 6 would be inherently satisfied by Meador’s porous crosslinked aerogel. Applicant’s attention is directed to: 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). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
Regarding claim 3, Meador teaches (reference claim 13) peak pore diameter of 5 to 60 nm and additionally provides Fig 4 b where the pore diameter ranges from 7-95 nm, thus satisfying the claimed requirement.
Regarding claims 10 and 27, Meador teaches (para [0111]) 0.5 mm thick polyimide aerogel films, meeting the claimed requirements.
Regarding claim 26, Meador teaches (para [0103]) synthesis of porous polyimide which contains a polymerization product of tetracarboxylic dianhydride, a diamine and a triamine, where the ratio of triamine is calculated to be (0.14/(0.14 +3.16+4.79)) x 100 = 1.7 mass% with respect to the total tetracarboxylic dianhydride, diamine and the triamine, meeting the claimed requirement.
Regarding claim 28, as discussed when addressing claims 24-25, Meador teaches the porous polyimide, where the polyimide contains a polymerization product of a tetracarboxylic dianhydride and a diamine. Meador further discloses that the polyimide has terminal anhydride groups (reference claim 1) and additionally notes (para [0007]) a polyimide derived from pyromellitic dianhydride as the only tetracarboxylic dianhydride, thus satisfying the claimed requirements.
Conclusion
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/S.M.D./
Examiner
Art Unit 1765
/JOHN M COONEY/Primary Examiner, Art Unit 1765