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 .
Claim Rejections - 35 USC § 112
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 15 and 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.
Specifically, claim 15, which claim 17 depends upon, contains chemical formula 6, however the symbols R6, R7 and R8 are undefined and therefore, the scope of the claim cannot be determined.
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) 1-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tae Gyu Hwang et al. “On-site colorimetric detection of adulterated gasoline using highly reflective 1D photonic crystal sensors based on photo-crosslinked polymer-titania hybrids”, ELSEVIER, Sensors & Actuators: B. Chemical, August 6, 2022, pages 1-13, vol. 371, article no. 132488 (herein Hwang, cited in the IDS filed 1/12/24). Note that the instant application is by “another” because it comprises the additional author: Jongnam Park.
Applicant cannot rely upon the certified copy of the foreign priority application to overcome this rejection because a translation of said application has not been made of record in accordance with 37 CFR 1.55. When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate. See MPEP §§ 215 and 216.
As to claims 1-17, Hwang disclose the same copolymer, the copolymer titanium composite, the composition thereof and method of making the composite in the examples and in scheme 1, partially reproduced below:
PNG
media_image1.png
431
960
media_image1.png
Greyscale
This reads on the preferred formula and, m, l and n of the instant claims. Note the solvents are preferably xylene, etc.
Claim(s) 14-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 108485565 (herein He).
In setting forth the instant rejection, a machine translation has been relied upon, which is supplied with the instant action. The original CN document was supplied with the IDS filed 1/12/24.
As to claim 14, He discloses a copolymer comprising monomer units of N-acryloyl dopamine and 4-acryloyloxybenzophenone. See examples such as example 1 in paragraph 37. N-acryloyl dopamine gives monomer units of the structure
PNG
media_image2.png
181
90
media_image2.png
Greyscale
and 4-acryloyloxybenzophenone gives monomer units of the structure
PNG
media_image3.png
178
75
media_image3.png
Greyscale
, both reading on the claimed structures.
As to claim 15, the copolymer may also comprise acrylamide (paragraph 16), which reads on the claimed formula wherein R7=single bond, R6=R8=hydrogen.
As to claims 16-17, the copolymer is in a composition with solvents. See paragraph 22 and examples.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK S KAUCHER whose telephone number is (571)270-7340. The examiner can normally be reached M-F 8-6 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arrie Lanee Reuther can be reached at (571) 270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MARK S KAUCHER/Primary Examiner, Art Unit 1764
