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 .
DETAILED ACTION
CLAIM OBJECTION
A bonding position of one of R3 of formula (VI) of claim 10 is misplaced. A bonding position of one of Me of formula (IV) of claim 15 is misplaced.
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, 8-10 and 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.
Th e recited “the steps of” in line 2 of claim 1 lacks an antecedent basis and it should be “steps of’.
A nature of “a Lewis acid” of claim 8 is unclear. If it the same as “a Lewis catalyst” used in claim 1, recitation of “the Lewis acid” is needed. The same reason would be applied to “a Lewis catalyst” of claim 10.
With respect to “obtainable” of claim 16, see Atlantic Thermoplastics Co. Inc. v Faytex Corp. 23 USPQ 2nd 1481 (footnote 6 on page 1486), Ex parte Tanksley 26 USPQ 2nd 1389, and Purdue Research v Watson 1959 CD 124 (Dist. Ct.) affirmed by CCPA 120 USPQ 521. It is unclear what is encompassed by “obtainable”. One does not exactly and precisely know what a given polymer is particularly considering the lack of recitation of a myriad of parameters which affect the polymer identity. MPEP 2133.03 (C). Thus, the examiner suggests “obtained” instead.
Claim 9 depending on the indefinite claim 8 would be also indefinite.
CLAIM ALLOWANCE
Claims 1-2, 4-7, 11-14 and 20-25 are allowed.
Claims 3, 8-10 and 16 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. Claim 10 would be allowable if rewritten or amended to overcome the above objection.
EXAMINER’S COMMENT
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CN 105283507 A (Jan. 27, 2016) with Machine translation is considered the closest art. It teaches poly(dimethyl-co-diethyl) siloxanes in [0041] and ]0062] similar to the instant poly(dimethyl co-diethyl)siloxanes. The examiner does not see any motivation to obtain the instant poly(dimethyl-co-diethyl) siloxanes. Also, it fails to teach the instant process of claim 1.
Although CN 104271686 A (Jan. 7, 2015) teaches poly(dimethyl-co-diethyl) siloxanes falling with scope of the formula (I) of claim 2 in [0041] See [0067] of Machine translation for definitions of Rs), it fails to teach the instant process of claim 1.
WO 2018/137505 A1 (Aug. 2, 2018) with Machine translation teaches various poly(dimethyl co-diethyl) siloxanes at page 10-11 which are different from the instant poly(dimethyl-co-diethyl) siloxanes. Also, it fails to teach the instant process of claim 1.
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/TAE H YOON/Primary Examiner, Art Unit 1762
