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 .
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.
Claim Interpretation
Claim 1 recites limitations regarding the SP value of the solvent used in the claimed method; however, neither the claims nor the specification provide a definition of the abbreviation SP. The examiner notes that the abbreviation SP is used in the art to refer to the solubility parameter of a solvent; furthermore, the instant specification teaches that the SP value is calculated via the Hansen method (specification page 9: lines 13-14), which is a method of determining the solubility parameter of a solvent. The limitation “SP value” recited in claim 1 has therefore been interpreted to refer to the solubility parameter of the solvent as calculated via the Hansen method.
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.
Claims 3 and 4 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.
Claim 3 depends from claim 1, and states that the elastomer has a weight average molecular weight (Mw) of 1,000 or more; however, the claim does not specify the units of said Mw. The Mw of a polymer may be reported using different units. See, e.g., Resendes et al, US2006/0106171, which reports the Mw of a rubber using units of kg/mol (¶0032) vs. Rego et al, US2006/0084761, which reports the Mw of a rubber using the units g/mol (¶0024). Claim 3 is therefore indefinite as it does not define the units used for measuring the Mw.
Claim 4 depends from claim 2, and states that the elastomer has a weight average molecular weight (Mw) of 1,000 or more Per the same rationale as outlined above with claim 3, claim 4 is indefinite as it does not define the units used for measuring the Mw.
Allowable Subject Matter
Claims 1 and 2 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record is Breuillac et al, published in Macromolecules vol. 52, pages 7102-7113.
Breuillac discloses the production of a crosslinked polybutadiene, wherein the crosslinks are dioxaborolane structures such as those that would be expected to result from the method recited in the instant claims. Note however, that the prior art process is formed via a process comprising the steps of
Synthesizing a bis-thiol dioxoaborolane crosslinker by reacting thioglycerol with benzene-1,4-diboronic acid, and
Grafting the crosslinker formed in step (a) onto a polybutadiene (page 7104: Figure 1; Synthesis of Bis-Be-SH).
The prior art process therefore utilizes a diboronic acid compound; however, said diboronic acid is derivatized to form a crosslinker that then reacts with pendant vinyl groups (-CH=CH2) in the polybutadiene structure. The prior art does not teach a process wherein an elastomer having a monoboronic acid ester functional group corresponding to formula (4) is reacted directly with a diboronic compound to form crosslinks.
Note also that the crosslinking reaction performed in anisole (page 7104: Vitrimers synthesis) which has a solubility parameter of about 19.5 MPa1/2, i.e. about 9.5 (cal/cm3)1/2 (see the attached table from CRC handbook). Breuillac therefore does not teach the use of a solvent having a SP of 10 to 13 (cal/cm3)1/2 as required.
Furthermore, no reference has been found that would provide a motivation to modify the teachings of Breuillac either to perform the crosslinking reaction using a diboronic acid compound in a solvent having a SP of 10 to 13 (cal/cm3)1/2 as recited in the instant claims. The claimed invention is therefore allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Liu et al, Journal of Materials Chemistry A vol. 7, discloses the production of elastomeric vitrimers via a reaction of a rubber with a bis-thiol dioxoaborolane crosslinker, followed by integration of an imidazole complex into the boronic ester crosslinked polymer.
Huang et al, ACS Macro Letters vol. 10, discloses crosslinking a styrene/butadiene rubber (SBR) by reacting the polymer with a dithiol-containing boronic ester.
Chen et al, ACS Applied Materials & Interfaces vol. 10, discloses crosslinking SBR by reacting it with a bis-thiol dioxoaborolane crosslinker.
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/JEFFREY S LENIHAN/Primary Examiner, Art Unit 1765
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