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
Claims 8-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/15/26.
Applicant’s election without traverse of Group I, claims 1-4 in the reply filed on 9/15/26 is acknowledged.
Claim Objections
Claim 4 is objected to because of the following informalities: specifically, claim 4 is inconsistent with subscripts. For example, “CF3-O-CF(CF3)-CF2-O-CF(CF3)CH2COOH” should be “CF3-O-CF(CF3)-CF2-O-CF(CF3)-CH2COOH”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 2 and 4 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
As to claim 2, claim 1 already contains the range. Therefore, the claim fails to further limit the parent claim.
As to claim 4, the ether species, such as CF3-O-CF(CF3)-CF2-O-CF(CF3)-(CH2)2COOH are outside the scope of the formula of claim 1. Specifically, the formula of claim 1 only allows side group methyl ethers (-OCF3). There is no allowance of oxygen to within the carbon chain. Therefore, all of the ether species of claim 4 are outside the scope of parent claim and therefore fails to further limit and fails to include all the limitations of the parent claim.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1 and 3 are allowed.
The closest prior art is:
US 2010/0160510 similar methods and teaches the use of various surfactants, including ones that read on the claimed surfactants. However, the originally filed specification, specifically table 1, shows that the claimed surfactants give higher yield, lower particle size, higher molecular weight and Tg than perfluorinated or nonperfluorinated surfactants. Moreover, the amount of surfactant and the claimed microemulsion are not taught.
WO 2005/003083 teaches similar methods of polymerizing trifluorostyrene, however with perfluorinated surfactants.
US 2013/0211025 teaches similar methods of polymerizing trifluorostyrene with the proviso that is performed with non-fluorinated surfactants.
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
Prosecution Insights