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 .
The Office Action is in response to the application filed 05/09/2024.
Claim Analysis
Summary of Claim 1:
A composition which contains two or more compounds selected from the compound represented by the following formula (A1), the compound represented by the following formula (A2), the compound represented by the following formula (B1), and the compound represented by the following formula (B2) and meets the following (I) to (III).
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where Rf1 is a fluoroalkyl group having 1 to 20 carbon atoms,
Rf11 is a fluoroalkylene group having 1 to 6 carbon atoms, and when there are a plurality of Rf11 the plurality of Rf11's may be the same as or different from each other,
R1 is an alkylene group or a fluoroalkylene group,
L1 is a single bond or a 1+x1 valent group that may contain N, O, S, or Si and may contain a branch point, and atoms bonded to R1 and R11 are each independently an N, O, S, or Si atom, a carbon atom constituting a branch point, or a carbon atom having an oxo group (=O),
R11 is an alkylene group, or an alkylene group that contains an etheric oxygen atom between carbon-carbon atoms, and when there are a plurality of R11's, the plurality of R11's may be the same as or different from each other,
T1 is -SiRa1z1Ra113-z1,
x1 is an integer of at least 1,
Ra1 is a hydroxyl group or a hydrolyzable group, and when there are a plurality of Ra1's, the plurality of Rai's may be the same as or different from each other,
Ra11 is a nonhydrolyzable group, and when there are a plurality of Ra11's, the plurality of Ra11's may be the same as or different from each other,
z1 is an integer from 0 to 3, and when x1 is at least 2, the plurality of z1's in the molecule may be the same as or different from each other, where at least one of z1's is an integer from 1 to 3,
y1 is an integer of at least 1,
Rf2 is a fluoroalkyl group having 1 to 20 carbon atoms,
Rf12 is a fluoroalkylene group having 1 to 6 carbon atoms, and when there are a plurality of Rf12's, the plurality of Rf12's may be the same as or different from each other,
R2 is an alkylene group or a fluoroalkylene group,
L2 is a single bond or a 1+x2 valent group that may contain N, O, S, or Si and may contain a branch point, and atoms bonded to R2 and R12 are each independently an N, O, S, or Si atom, a carbon atom constituting a branch point, or a carbon atom having an oxo group (=O),
R12 is an alkylene group, or an alkylene group that contains an etheric oxygen atom between carbon-carbon atoms, and when there are a plurality of R12's, the plurality of R12's may be the same as or different from each other,
T2 is -SiRa2z2Ra123-z2,
x2 is an integer of at least 1,
Ra2 is a hydroxyl group or a hydrolyzable group, and when there are a plurality of Ra2's, the plurality of Ra2's may be the same as or different from each other,
Ra12 is a nonhydrolyzable group, and when there are a plurality of Ra12's, the plurality of Ra12's may be the same as or different from each other,
z2 is an integer from 0 to 3, and when x2 is at least 2, the plurality of z2's in the molecule may be the same as or different from each other, where at least one of z2's is an integer from 1 to 3,
y2 is an integer of at least 1,
Rf13 is a fluoroalkylene group having 1 to 6 carbon atoms, and when there are a plurality of Rf13's, the plurality of Rf13's may be the same as or different from each other,
R3 is an alkylene group or a fluoroalkylene group,
R23 is an alkylene group or a fluoroalkylene group,
L3 is a single bond or a 1+x3 valent group that may contain N, O, S, or Si and may contain a branch point, and atoms bonded to R3 and R13 are each an N, O, S, or Si atom, a carbon atom constituting a branch point, or a carbon atom having an oxo group (=O),
L13 is a single bond or a 1+x13 valent group that may contain N, O, S, or Si and may contain a branch point, and atoms bonded to R23 and R33 are each an N, O, S, or Si atom, a carbon atom constituting a branch point, or a carbon atom having an oxo group (=O),
R13 is an alkylene group, or an alkylene group that contains an etheric oxygen atom between carbon-carbon atoms, and when there are a plurality of R13's, the plurality of R13's may be the same as or different from each other,
R33 is an alkylene group, or an alkylene group that contains an etheric oxygen atom between carbon-carbon atoms, and when there are a plurality of R33's, the plurality of R33's may be the same as or different from each other,
T3 and T13 are each independently -SiRa3z3Ra133-z3,
x3 and x13 are each independently an integer of at least 1,
Ra3 is a hydroxyl group or a hydrolyzable group, and when there are a plurality of Ra3's, the plurality of Ra3's may be the same as or different from each other,
Ra13 is a nonhydrolyzable group, and when there are a plurality of Ra13's, the plurality of Ra13's may be the same as or different from each other,
z3 is an integer from 0 to 3 and the plurality of z3's in the molecule may be the same as or different from each other, where at least one of z3's is an integer from 1 to 3,
y3 is an integer of at least 1,
Rf14 is a fluoroalkylene group having 1 to 6 carbon atoms, and when there are a plurality of Rf14's, the plurality of Rf14's may be the same as or different from each other,
R4 is an alkylene group or a fluoroalkylene group,
R24 is an alkylene group or a fluoroalkylene group,
L4 is a single bond or a 1+x4 valent group that may contain N, O, S, or Si and may contain a branch point, and atoms bonded to R4 and R14 are each an N, O, S, or Si atom, a carbon atom constituting a branch point, or a carbon atom having an oxo group (=O),
L14 is a single bond or a 1+x14 valent group that may contain N, O,S, or Si and may contain a branch point, and atoms bonded to R24 and R34 are each an N, O,S, or Si atom, a carbon atom constituting a branch point, or a carbon atom having an oxo group (=O),
R14 is an alkylene group, or an alkylene group that contains an etheric oxygen atom between carbon-carbon atoms, and when there are a plurality of R14's, the plurality of R14's may be the same as or different from each other,
R34 is an alkylene group, or an alkylene group that contains an etheric oxygen atom between carbon-carbon atoms, and when there are a plurality of R34's, the plurality of R34's may be the same as or different from each other,
T4 and T14 are each independently -SiRa4z4Ra143-z4,
x4 and x14 are each independently an integer of at least 1,
Ra4 is a hydroxyl group or a hydrolyzable group, and when there are a plurality of Ra4's, the plurality of Ra4's may be the same as or different from each other,
Ra14 is a nonhydrolyzable group, and when there are a plurality of Ra14's, the plurality of Ra14's may be the same as or different from each other,
z4 is an integer from 0 to 3 and the plurality of z4's in the molecule may be the same as or different from each other, where at least one of z4's is an integer from 1 to 3,
y4 is an integer of at least 1,
(I) when the composition contains the compound represented by the formula (A1) and the compound represented by the formula (A2),
the chain length al of -O-R1-L1-R11- in the formula (A1), and
the chain length a2 of -O-R2-L2-R12- in the formula (A2) are different from each other,
where, when there are a plurality of T1's and a plurality of T2's, at least one pair of the plurality of pairs of the chain lengths al and chain lengths a2 are different from each other.
(II) when the composition contains the compound represented by the formula (B1) and the compound represented by the formula (B2),there is a difference between the lengths in at least one pair of:
a set of the chain lengths b1 of -R13-L3-R3-O- and the chain lengths b11-O-R23-L13-R33- in the formula (B1), and
a set of the chain lengths b2 of -R14-L4-R4-O- and the chain lengths b12 of -O-R24-L14-R34- in the formula (B2).
(III) in a case other than the above (I) and (II),
the chain length al or the chain length a2 is different from one of the chain lengths b1 or the chain lengths b11 or one of the chain lengths b2 or the chain lengths b12.
Claim Objections
Claims 1 and 5 are objected to because of the following informalities:
Claim 1, Page 71, Line 8 recites “to (III).”; Claim 1, Page 75, Lines 3 and 10, recite “each other.” and “formula (B2).”; and Claim 5, Line 3 recites “formula (C).” (emphasis added). Use of a period in the middle of a claim is improper. Applicant is advised to get rid of the periods that are not at the end of the claim/sentence. Appropriate correction is required.
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 1-13 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 pre-AIA the applicant regards as the invention.
Claim 1, Page 72, Lines 2-3; Claim 1, Page 72, Lines 28-29; Claim 1, Page 73, Lines 27; and Claim 1, Page 74, Line 26 recite "the plurality of z1’s”, "the plurality of z2’s”, “the plurality of z3’s”, and “the plurality of z4’s”, respectively. However, the only other references to z1, z2, z3, and z4 in Claim 1 refer to them in the singular (i.e., “z1 is an integer”) making it unclear what "the plurality of z1’s”, "the plurality of z2’s”, "the plurality of z3’s”, and "the plurality of z4’s” refer to. There is insufficient antecedent basis for these limitations in the claims.
Claim 1, Page 75, Lines 2-3 recites “the plurality of pairs of the chain lengths a1 and chain lengths a2”. However, it is unclear if the composition comprises a compound with branching that results in a single compound with multiple different chain lengths, if the pair may comprise chain lengths from the same compound (i.e., if (A1) has branch with two different chain lengths a1).
Claim 1, Page 75, Line 6 recites “at least one pair”. However, if the composition comprises compounds represented by formula (B1) and (B2), it is unclear if the at least one pair requires a chain length from each of (B1) and (B2) (e.g., b1 and b2, or b1 and b12, etc.) or if the pair may comprise chain lengths only from (B1) (i.e., b1 and b11) or chain lengths only from (B2) (i.e., b2 and b12).
Claims 2-13 are rejected for being dependent on a rejected base claim.
Claim Rejections - 35 USC § 102
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 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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamashita et al. (JP 2021/107524 A; cited in the IDS submitted on 05/10/2024; US counterpart US 2022/0153929 A1 used as English translation; hereafter as “Yamashita”).
Regarding Claims 1-3, 5 and 7, Yamashita teaches a surface-treating agent [Claim 1], corresponding to the surface treatment agent of Claim 7, comprising:
A mixture of Compound (A) and Compound (B) [¶ 0296], meets the composition which contains two compounds, represented by formula (A1) and formula (A2) of Claim 1;
Compound (A) [¶ 0394], meets the compound represented by formula (A1) of Claims 1-2; wherein:
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(Going from left to right) the CF3- group (meets Rf1 of Claim 1), the (OCF2CF2)21 (OCF2)34 group (meets (ORf11)y1, wherein y1 = 55 and the plurality of Rf11’s may be different from each other of Claim 1), the (OCF2) group (meets -O-R1- of Claim 1; meets R41 is a fluorine atom, a = 1, and b=0 of Claim 5), the -CO-NH-CH2-C- group (meets L1, where L1 is a tetravalent (x1 = 3) group containing NH and a carbon atom having an oxo group of Claim 1), the (CH2CH2CH2) group (meets R11 and x1 = 3 of Claim 1), and the –Si(OMe)3 groups (meets T1 is -SiRa1z1Ra113-z1, wherein z1 is 0 and Ra11 is a nonhydrolyzable group of Claim 1); and
Compound (B) [¶ 0394], meets the compound represented by formula (A2) of Claims 1-2; wherein:
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(Going from left to right) the CF3- group (meets Rf2 of Claim 1); , the (OCF2CF2)21 (OCF2)34 group (meets (ORf12)y2, wherein y2 = 55 and the plurality of Rf12’s may be different from each other of Claim 1), the (OCF2) group (meets -O-R2- of Claim 1; meets R41 is a fluorine atom, a = 1, and b=0 of Claim 5), the -CO-N- group (meets L2, where L2 is a trivalent (x2 = 2) group containing N and a carbon atom having an oxo group of Claim 1), the (CH2CH2CH2) group (meets R12 and x2 = 2 of Claim 1), and the –Si(OMe)3 groups (meets T2 is -SiRa2z2Ra123-z2, wherein z2 is 0, and Ra12 is a nonhydrolyzable group of Claim 1);
wherein the – (OCF2)–CO–NH–CH2C(CH2CH2CH2)3– group of Compound (A) has a chain length of 9 atoms, and the – (OCF2)–CO–N–(CH2CH2CH2)3– group of Compound (B) has a chain length of 7 atoms, which corresponds to the chain length a1 in formula (A1) is different from chain length a2 in formula (A2) of Claim 1 (I); and
wherein the CF3- end groups of Compound (A) and Compound (B) correspond to wherein Rf1 is the same as Rf2 of Claim 3.
Regarding Claims 1-3 and 5-7, Yamashita further teaches:
surface-treating agents 14 and 16 which comprise diluent (10) and diluent (11) [¶ 0423], which corresponds to the composition of Claim 1, and to the surface treatment agent of Claim 7;
wherein diluent (10) comprises Compound (G) [¶ 0394, 0405], corresponding to the compound represented by formula (A1) of Claims 1-2; wherein:
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(Going from left to right) the CF3- group (meets Rf1 of Claim 1), the (OCF2CF2)26 (OCF2)24CH2 group (meets (ORf11)y1, wherein y1 = 50 and the plurality of Rf11’s may be different from each other of Claim 1), the (-O-CH2CH2CH2) group (meets -O-R1- of Claim 1; and meets a = 0, b = 3 of Claim 5), the -Si- group (meets L1, where L1 is a tetravalent (x1 = 3) group containing Si of Claim 1), the (CH2CH2CH2) groups (meet R11 of Claim 1), and the –Si(OMe)3 groups (meet T1 is -SiRa1z1Ra113-z1, wherein z1 is 0 and Ra11 is a nonhydrolyzable group of Claim 1); and
wherein diluent (11) comprises Compound (H) [¶ 0394, 0406], corresponding to the compound represented by formula (A2) of Claims 1-2; wherein:
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(Going from left to right) the CF3- group (meets Rf2 of Claim 1), the (OCF2CF2)26 (OCF2)27 group (meets (ORf12)y2, wherein y2 = 53 and the plurality of Rf12’s may be different from each other of Claim 1), the (-O-CF2) group (meets -O-R2- of Claim 1; meets R41 is a fluorine atom, a = 1, and b = 0 of Claim 5; and meets a+b in R1 (a+b = 3) and a+b in R2 (a+b = 1) are different from each other of Claim 6), the -C(OH)- group (meets L2, where L2 has an oxygen atom and a carbon atom branch point of Claim 1), the (CH2CH2CH2) groups (meet R12 and x2 = 2 of Claim 1), and the –Si(OMe)3 groups (meet T2 is -SiRa2z2Ra123-z2, wherein z2 is 0 and Ra12 is a nonhydrolyzable group of Claim 1);
wherein the – (O-CH2CH2CH2)–Si(CH2CH2CH2)– group of Compound (G) has a chain length of 8 atoms, and the – (OCF2)–C(OH)(CH2CH2CH2)– group of Compound (H) has a chain length of 6 atoms, which corresponds to the chain length a1 in formula (A1) is different from chain length a2 in formula (A2) of Claim 1 (I); and
wherein the CF3- end groups of Compound (G) and Compound (H) correspond to wherein Rf1 is the same as Rf2 of Claim 3.
Regarding Claims 8-13, Yamashita further teaches:
a surface-treating agent further comprising a solvent which is used as a water-proof coating agent [Claims 17-18; Table 1; ¶ 0396-0408], corresponding to a coating liquid comprising the composition and a liquid medium of Claim 8;
a surface-treating layer on the surface of optical members [¶ 0411-0413, 0428], corresponding to the article including a surface layer formed of the composition on a surface of a substrate of Claims 9 and 11;
the surface treating agent is subjected to the wet coating method [¶ 0332-0339], corresponding to forming a surface layer by wet coating method of Claims 10, and 12-13.
In light of the above, the cited claims are rendered anticipated by Yamashita.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Yamashita et al. (JP 2021/107524 A; cited in the IDS submitted on 05/10/2024; US counterpart US 2022/0153929 A1 used as English translation; hereafter as “Yamashita”).
Regarding Claims 1-7, Yamashita teaches a surface-treating agent [Claim 1], corresponding to the composition of Claim 1, and to the surface treatment agent of Claim 7, comprising:
Formula (1), Rf1-RF-O-XA-C(Z1-SiR21p1R22q1)3 [Claim 1; ¶ 0007-0016, 0023, 0186-0188, 0272-0273] (meets formula (A1) and formula (A2) of Claims 1-2);
wherein Z1 is –(CH2)z1-O-(CH2)z2– [¶ 0024, 0186] and z1, z2 are each an integer from 0 to 6 [¶ 0186], which is equivalent to Rf1-RF-O-XA-C((CH2)z1-O-(CH2)z2–SiR21p1R22q1)3 (meets x1, x2 = 3 of Claim 1) and wherein (from left to right):
Rf1 is a C1-16 alkyl group with substituted fluorine atoms [¶ 0011; Claim 1] (meets Rf1 and Rf2 of Claim 1, and meets Rf1 is the same as Rf2 of Claim 3);
RF-O is 1-200 repeat units of a divalent fluoropolyether group with 1-6 carbon atoms [¶ 0012; Claim 1] (meets (-(ORf11)y1-O- and -(ORf12)y2-O- of Claim 1);XA is a di-to-decavalent organic group [¶ 0015, 0132-0149] (meets R1 and R2 of Claim 1, meets a = 0, b = 2-10 of Claim 5, and meets a+b in R1 and a+b in R2 are different from each other of Claim 6);
-C(CH2)z1– (meets L1 and L2, wherein L1 and L2 have a carbon atom constituting a branch point of Claim 1, and meets L1 is the same as L2 of Claim 4);
-O-(CH2)z2 (meets R11 and R12 of Claim 1);
-SiR21p1R22q1 , wherein p1 = 3, q1 = 0, R21 is a hydroxyl group or hydrolysable group [¶ 0028-0031] (meets T1 and T2 of Claim 1);
which is equivalent to chain lengths of 5-24 [¶ 0015, 0025-0026] (meets the chain length a1 and chain length a2 are different from each other of Claim 1).
However, Yamashita does not teach all of the claimed ingredients together in one embodiment.
Nevertheless, Yamashita teaches the compound, formula (A1) and formula (A2) with sufficient specificity that one of ordinary skill in the art would arrive at the claimed combination. Moreover, one of ordinary skill in the art at the time of the claimed invention would have found it “obvious to try” , formula (A1) and formula (A2) as the teaching represents a finite number of identified, predictable combinations. KSR Int'l Co. v. Teleflex, Inc., 550 U.S. 398 (2007).
Regarding Claims 8-13, Yamashita further teaches:
a surface-treating agent further comprising a solvent which is used as a water-proof coating agent [Claims 17-18; Table 1; ¶ 0396-0408], corresponding to a coating liquid comprising the composition and a liquid medium of Claim 8;
a surface-treating layer on the surface of optical members [¶ 0411-0413, 0428], corresponding to the article including a surface layer formed of the composition on a surface of a substrate of Claims 9 and 11
the surface treating agent is subjected to the wet coating method [¶ 0332-0339], corresponding to forming a surface layer by wet coating method of Claims 10, and 12-13.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over Claim 1 of copending Application No. 19/173,893. Although the claims at issue are not identical, they are not patentably distinct from each other because formula (A1) and formula (A2) of copending App. No. 19/173,893 correspond to the instantly claimed formula (A1), formula (A2), formula (B1), and formula (B2) of Claim 1. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1, and 7-13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-4 and 9-10 of copending Application No. 19/172954. Although the claims at issue are not identical, they are not patentably distinct from each other because formula (A1) and formula (A2), and surface treatment agent of copending App. No. 19/172954 correspond to the instantly claimed formula (A1), formula (A2), formula (B1), formula (B2), and surface treatment agent . This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1 and 9-13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1, and 6-7 of copending Application No. 19/174068. Although the claims at issue are not identical, they are not patentably distinct from each other because formula (A1) and formula (A2), substrate with a surface layer comprised of the composition, and method for producing a substrate by dry coating method or wet coating method of copending App. No. 19/174068 correspond to the instantly claimed formula (A1), formula (A2), formula (B1), formula (B2), substrate with a surface layer comprised of the composition, and method for producing a substrate by dry coating method or wet coating method. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
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/DORIS LING/Examiner, Art Unit 1764
/ROBERT C BOYLE/Primary Examiner, Art Unit 1764
