DETAILED 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 .
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 4/5/2024 and 3/20/2026 was filed timely. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
3. 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 (i.e., changing from AIA to pre-AIA ) 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.
4. 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.
5. Claims 1-13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over (US 2020/0155421 A1) to Kawana et al. (hereinafter Kawana) in view of the teachings of (US 2019/0008730 A1) to Fujimi et al. (hereinafter Fujimi).
Kawana is directed toward a two-paste dental curable composition. Kawana discloses at paragraph [0015] a two-paste dental curable composition. Kawana discloses at paragraph [0016] a first monomer having an acid group and a second monomer having no acid group, which reads on Applicants monomer (A) and monomer (B). Kawana discloses at paragraph [0069] an organic peroxide compound. Kawana discloses at paragraph [0068] a transition metal complex may be included. Kawana discloses at paragraph [0017] a silane coupling agent is included of Formula (I):
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That reads on Applicants silane coupling agent (F). Kawana discloses at paragraph [0027] a silane coupling agent of 5-(meth)acryloxypentyltrimethoxysilane and other that reads on Applicants species. Kawana discloses each and every element, but is silent regarding the use of an ascorbic acid compound.
Fujimi is directed toward a two-paste dental curable composition. Kawana and Fujimi are both directed toward a two-paste dental curable composition and therefore are analogous art. Fujimi teaches at paragraph [0013] that the composition can incorporate an ascorbate and a vanadium compound to accelerate curing.
It would be obvious to one skilled in the art at the time of the filing of the disclosure of Kawana in view of the teachings of Fujimi to control the cure rate that forms a prime facie case of obviousness for claims 1-13 and 15.
Allowable Subject Matter
6. Claim 14 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
7. The following is a statement of reasons for the indication of allowable subject matter: The prior art does not teach the use of a ligand in a 2 part dental composition.
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY D WASHVILLE whose telephone number is (571)270-3262. The examiner can normally be reached M-F 9-5.
9. 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.
10. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski can be reached at 571-272-1302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
11. 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.
/JEFFREY D WASHVILLE/Primary Examiner, Art Unit 1766
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