Detailed Office Action
Notice of Pre-AIA or AIA Status
1. 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
2. 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.
3. Claims 1-14 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.
Since the comonomer copolymerizable with the trioxane and polymerization controlling agent may be satisfied by the same compound/reactant, such as tetrahydrofuran, the meets and bounds of the claims cannot be determined. There is no definitive claim limitation distinguishing the comonomer and polymerization controlling agent.
Prior Art Rejections
4. 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.
5. Claims 1-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2020/250945 A1 (US 2022/0056259 A1 to Okada et al. being an English language equivalent, paragraph cites within the rejection are made with respect to US 2022/0056259 A1).
WO 2020/250945 A1 discloses a method of producing an oxymethylene copolymer, suitable for producing moldings, comprising the reaction of trioxane (paragraph [0019] and a comonomer (paragraph [0022], wherein BF3.X, where X can be tetrahydrofuran (THF), and aryl fluoride boron are used as polymerization catalysts (paragraphs [0025], [0026], and [0028]). Tetrahydrofuran corresponds to the instantly claimed cyclic ether polymerization controlling agent. The boron trifluoride and aryl fluoride boron catalysts correspond to the instantly claimed cationic polymerization catalyst. Regarding claims 2, 3, and 11, within paragraph [0029] and claim 10, the disclosed range the BF3.X compound to the main monomer (trioxane) is 1.10-6 mol to 1.10-4 mol of BF3.X relative to 1 mole of main monomer. Therefore, using the molecular weights of THF as 139.9 g/mol and trioxane as 90.08 g/mole the calculated range is 1.55x10⁻⁶ to 1.55x10⁴ g/g trioxane (1.55 ug/g to 155 µg/g). Accordingly, the claimed amounts are met. Regarding claims 9 and 12-14, in view of the disclosure within paragraph [0024], the claimed range is met. Regarding claim 6, within paragraph [0042] it is disclosed that solution polymerization may be used and within paragraph [0047], it is disclosed that the catalyst is preferably used as a solution.
6. Claims 1-5 and 7-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2002-275227 A.
JP 2002-275227 A discloses polyacetal resins utilizing as reaction monomers trioxane, oxetane, and cyclic ethers, including tetrahydrofuran, with cationic polymerization catalysts. See abstract and paragraphs <0022> and <0025> within the provided English language. Oxetane is here as 4-membered ring with one oxygen atom, thus considered as polymerization controlling agent of claim 1. Molding compositions and articles are produced.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rabon A Sergent whose telephone number is (571)272-1079. The examiner can normally be reached on Monday through Friday from 9:00 AM until 5:00 PM, ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Riviere Kelley, can be reached at telephone number 571-270-1831. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RABON A SERGENT/ Primary Examiner, Art Unit 1765
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