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 .
Claim Rejections - 35 USC § 103
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-8, 10, 11, and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moser et al. (US Serial No. 2020/0354844), in view of Klan et al. (“Photoremovable Protecting Groups in Chemistry and Biology: Reaction Mechanisms and Efficacy, Chem Reviews, 2013, Vol.113, pp119-191).
Regarding claims 1-2, 7-8, and 10-11; Moser et al. ‘484 teaches chemically polymerizable compositions including a polymerizable component (e.g. ethylenically unsaturated polymerizable monomer or oligomer, such as vinyl and/or (meth)acryloyl monomers [0039]) and a redox initiator system that includes the transition metal complex, an oxidizing agent, and a photolabile reducing agent of formula:
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Moser et al. ‘484 teaches RPhoto is any known photolabile group that may be irradiated and which cleaves or fragments to release the transition metal may be used.
Moser et al. ‘484 does not explicitly disclose a benzophenone group as a suitable photolabile group, however teaches reference may be made to Petr Klan et al., Photoremovable Protecting Groups in Chemistry and Biology: Reaction Mechanisms and Efficiency, Chem Reviews, 2013, Vol. 113, pp. 119-191 for known photolabile groups [0017]. Klan et al. teaches examples of PPG (photoremovable protecting groups) aryl ketones are provided in Figure 1, specifically showing benzophenone to be a suitable photoremovable protecting group (i.e. photolabile) [p121, col2, para1; Fig.1]. At the time of filing, a person of ordinary skill in the art would have found it obvious to choose a benzophenone photolabile group, as taught by Klan et al., in the photolabile reducing agent of Formula I in Moser et al. ‘484, and would have been motivated to do so since Moser et al. ‘484 teaches any known photolabile group known and referenced in Klan et al. is suitable to achieve the redox initiator system of the present invention [0017].
Regarding claim 3-4; Moser et al. ‘484 teaches the transition metal complex has the general formula [MLp]n+A−, wherein M is a transition metal that participates in a redox cycle, L is a ligand, A− is an anion, n is the formal charge on the transition metal having a whole number value of 1 to 7 and p is the number of ligands on the transition metal having a number value of 1 to 9 [0020]. Moser et al. ‘484 teaches M is selected from Cu, Fe, Ru, Cr, Mo, Pd, Ni, Pt, Mn, Rh, Re, Co, V, Au, Nb, and Ag [0021].
Regarding claim 5; Moser et al. ‘484 does not explicitly teach a first transition metal complex and a second transition metal complex. It is prima facie obvious to combine two compositions (in this case compounds) each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose; the idea of combining them flows logically from their having been individually taught in the prior art. See In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980), see MPEP §2144.06.
Regarding claim 6; Moser et al. ‘484 teaches the redox initiator system is employed in amounts from 0.05 to about 10 parts by weight based on 100 parts by weight of the polymerizable component of the polymerizable composition [clm6].
Regarding claim 13; Moser et al. ‘484 teaches the oxidizing agent comprise benzoyl peroxides (organic peroxide) and cumyl hydroperoxide (organic hydroperoxide) [0032].
Regarding claim 14; Moser et al. ‘484 teaches the composition may optionally comprise a quaternary ammonium halide [0036].
Claim(s) 1 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Townsend et al. (US Serial No. 2018/0312613), in view of Klan et al. (“Photoremovable Protecting Groups in Chemistry and Biology: Reaction Mechanisms and Efficacy, Chem Reviews, 2013, Vol.113, pp119-191).
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Regarding claims 1 and 9; Townsend et al. teaches chemically polymerizable compositions including a polymerizable component (e.g. ethylenically unsaturated polymerizable monomer or oligomer) and a redox initiator system that includes the transition metal complex, an oxidizing agent, and a photolabile reducing agent of formula [0010-0011]:
Townsend et al. teaches RPhoto is any known photolabile group that may be irradiated and which cleaves or fragments to release the transition metal may be used [0012]. Townsend et al. does not explicitly disclose a benzophenone group as a suitable photolabile group, however teaches reference may be made to Petr Klan et al., Photoremovable Protecting Groups in Chemistry and Biology: Reaction Mechanisms and Efficiency, Chem Reviews, 2013, Vol. 113, pp. 119-191 for known photolabile groups [0012]. Klan et al. teaches examples of PPG (photoremovable protecting groups) aryl ketones are provided in Figure 1, specifically showing benzophenone to be a suitable photoremovable protecting group (i.e. photolabile) [p121, col2, para1; Fig.1]. At the time of filing, a person of ordinary skill in the art would have found it obvious to choose a benzophenone photolabile group, as taught by Klan et al., in the photolabile reducing agent of Formula I in Townsend et al., and would have been motivated to do so since Townsend et al. teaches any known photolabile group known and referenced in Klan et al. is suitable to achieve the redox initiator system of the present invention [0012].
Claim(s) 1 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moser et al. (US Serial No. 2021/0040240), in view of Klan et al. (“Photoremovable Protecting Groups in Chemistry and Biology: Reaction Mechanisms and Efficacy, Chem Reviews, 2013, Vol.113, pp119-191).
Regarding claims 1 and 12; Moser et al. ‘240 teaches chemically polymerizable compositions including a polymerizable component (e.g. ethylenically unsaturated polymerizable monomer or oligomer) and a redox initiator system that includes the transition metal complex, an oxidizing agent, and a photolabile reducing agent of formula [0010-0013]:
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Moser et al. ‘240 teaches RPhoto is any known photolabile group that may be irradiated and which cleaves or fragments to release the transition metal may be used [0012]. Moser et al. ‘240 does not explicitly disclose a benzophenone group as a suitable photolabile group, however teaches reference may be made to Petr Klan et al., Photoremovable Protecting Groups in Chemistry and Biology: Reaction Mechanisms and Efficiency, Chem Reviews, 2013, Vol. 113, pp. 119-191 for known photolabile groups [0012]. Klan et al. teaches examples of PPG (photoremovable protecting groups) aryl ketones are provided in Figure 1, specifically showing benzophenone to be a suitable photoremovable protecting group (i.e. photolabile) [p121, col2, para1; Fig.1]. At the time of filing, a person of ordinary skill in the art would have found it obvious to choose a benzophenone photolabile group, as taught by Klan et al., in the photolabile reducing agent of Formula I in Moser et al. ‘240, and would have been motivated to do so since Moser et al. ‘240 teaches any known photolabile group known and referenced in Klan et al. is suitable to achieve the redox initiator system of the present invention [0012].
Claim(s) 15-16, 18, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moser et al. (US Serial No. 2020/0354844), in view of Klan et al. (“Photoremovable Protecting Groups in Chemistry and Biology: Reaction Mechanisms and Efficacy, Chem Reviews, 2013, Vol.113, pp119-191).
Regarding claims 15-16, 18, and 19; Moser et al. ‘484 teaches a redox initiator system that includes the transition metal complex, an oxidizing agent, and a photolabile reducing agent of formula:
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Moser et al. ‘484 teaches RPhoto is any known photolabile group that may be irradiated and which cleaves or fragments to release the transition metal may be used.
Moser et al. ‘484 does not explicitly disclose a benzophenone group as a suitable photolabile group, however teaches reference may be made to Petr Klan et al., Photoremovable Protecting Groups in Chemistry and Biology: Reaction Mechanisms and Efficiency, Chem Reviews, 2013, Vol. 113, pp. 119-191 for known photolabile groups [0017]. Klan et al. teaches examples of PPG (photoremovable protecting groups) aryl ketones are provided in Figure 1, specifically showing benzophenone to be a suitable photoremovable protecting group (i.e. photolabile) [p121, col2, para1; Fig.1]. At the time of filing, a person of ordinary skill in the art would have found it obvious to choose a benzophenone photolabile group, as taught by Klan et al., in the photolabile reducing agent of Formula I in Moser et al. ‘484, and would have been motivated to do so since Moser et al. ‘484 teaches any known photolabile group known and referenced in Klan et al. is suitable to achieve the redox initiator system of the present invention [0017].
Claim(s) 15 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Townsend et al. (US Serial No. 2018/0312613), in view of Klan et al. (“Photoremovable Protecting Groups in Chemistry and Biology: Reaction Mechanisms and Efficacy, Chem Reviews, 2013, Vol.113, pp119-191).
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Regarding claims 15 and 17; Townsend et al. a redox initiator system that includes the transition metal complex, an oxidizing agent, and a photolabile reducing agent of formula [0010-0011]:
Townsend et al. teaches RPhoto is any known photolabile group that may be irradiated and which cleaves or fragments to release the transition metal may be used [0012]. Townsend et al. does not explicitly disclose a benzophenone group as a suitable photolabile group, however teaches reference may be made to Petr Klan et al., Photoremovable Protecting Groups in Chemistry and Biology: Reaction Mechanisms and Efficiency, Chem Reviews, 2013, Vol. 113, pp. 119-191 for known photolabile groups [0012]. Klan et al. teaches examples of PPG (photoremovable protecting groups) aryl ketones are provided in Figure 1, specifically showing benzophenone to be a suitable photoremovable protecting group (i.e. photolabile) [p121, col2, para1; Fig.1]. At the time of filing, a person of ordinary skill in the art would have found it obvious to choose a benzophenone photolabile group, as taught by Klan et al., in the photolabile reducing agent of Formula I in Townsend et al., and would have been motivated to do so since Townsend et al. teaches any known photolabile group known and referenced in Klan et al. is suitable to achieve the redox initiator system of the present invention [0012].
Claim(s) 15 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moser et al. (US Serial No. 2021/0040240), in view of Klan et al. (“Photoremovable Protecting Groups in Chemistry and Biology: Reaction Mechanisms and Efficacy, Chem Reviews, 2013, Vol.113, pp119-191).
Regarding claims 15 and 20; Moser et al. ‘240 teaches a redox initiator system that includes the transition metal complex, an oxidizing agent, and a photolabile reducing agent of formula [0010-0013]:
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Moser et al. ‘240 teaches RPhoto is any known photolabile group that may be irradiated and which cleaves or fragments to release the transition metal may be used [0012]. Moser et al. ‘240 does not explicitly disclose a benzophenone group as a suitable photolabile group, however teaches reference may be made to Petr Klan et al., Photoremovable Protecting Groups in Chemistry and Biology: Reaction Mechanisms and Efficiency, Chem Reviews, 2013, Vol. 113, pp. 119-191 for known photolabile groups [0012]. Klan et al. teaches examples of PPG (photoremovable protecting groups) aryl ketones are provided in Figure 1, specifically showing benzophenone to be a suitable photoremovable protecting group (i.e. photolabile) [p121, col2, para1; Fig.1]. At the time of filing, a person of ordinary skill in the art would have found it obvious to choose a benzophenone photolabile group, as taught by Klan et al., in the photolabile reducing agent of Formula I in Moser et al. ‘240, and would have been motivated to do so since Moser et al. ‘240 teaches any known photolabile group known and referenced in Klan et al. is suitable to achieve the redox initiator system of the present invention [0012].
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA ROSWELL whose telephone number is (571)270-5453. The examiner can normally be reached M-F 8:00 am to 5:00 pm.
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/JESSICA M ROSWELL/ Primary Examiner, Art Unit 1767
