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 § 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 (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.
(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.
Claims 1 and 3-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fukumoto (U.S. PG Pub. No. 2021/0340457).
In paragraph 20 Fukumoto discloses a fluorine-containing ether compound having the formula R4-CH2-R3-CH2-R2-CH2-R1-CH2-R2-CH2-R3-CH2-R4, where R1 and R3 are perfluoropolyether chains, corresponding to R2 in formula (1) of claim 1, and R2 is a linking group containing one or more polar groups, corresponding to the R3 group of formula (1) of claim 1. The -CH2-R3-CH2-R2-CH2-R1-CH2-R2-CH2-R3-CH2 unit in the formula of Fukumoto therefore corresponds to the CH2-R2[-CH2-R3-CH2-R2]x-CH2 unit in formula 1 of claim 1 for the case where x is 2. In paragraphs 68-70 Fukumoto discloses that R2 preferably has one or two polar groups (w is preferably 1 or 2), within the range recited for R3 of claim 1. In paragraphs 21 and 40-41 Fukumoto discloses that the terminal R4 groups can have a formula (2-1), where r is preferably 0 to 4, more preferably 0 to 2. When r is 1 or 2, the formula (2-1) of Fukumoto meets the limitations of the formula (2) of claim 1, where everything between the oxygen atom on the left-hand side of formula (2-1) and the CH(OH) inside the parentheses in formula (2-1) corresponds to the X group in formula (2), noting that the leftmost CH2 in formula (2-1) of Fukumoto meets the limitations of the carbon atom not bonded to either the polar groups or the ether oxygen atom, since the oxygen atom it is bound to corresponds to the oxygen atom on the left-hand side of formula (2) rather than one of the ether oxygen atoms of the X group. In paragraphs 42-45 Fukumoto discloses that the other suitable end groups also have a number of polar groups within the ranges recited for R1 and R4 in claim 1. Therefore, when at least one of the R4 end groups of Fukumoto has a structure of formula (2-1), the fluorine-containing ether of Fukumoto meets the limitations of the fluorine-containing ether of claim 1.
In Table 1 (following paragraph 210) Fukumoto indicates that both R4 groups can be the same, meeting the limitations of claims 3-4. When r in formula (2-1) of Fukumoto is 0, or one of the R4 groups of Fukumoto has the structure of formula (2-4) of Fukumoto, claim 5 is met for the case where B is a hydrogen atom and l is 1, and when one of the R4 groups of Fukumoto has the structure of formula (2-4) of Fukumoto, claim 6 is met for the case where D is met for the case where s is 0.
As discussed above, Fukumoto discloses in paragraphs 68-70 the structure of the R2 linking groups, which correspond to the R3 linking groups of the claimed compound. Fukumoto discloses that w in the disclosed structure is preferably 1 or 2, leading to linking groups having 3 or 6 carbon atoms and 1 or two hydroxy groups, as recited in claim 7, and which are bound to adjacent methylene groups in the structure disclosed in paragraph 20 of Fukumoto. When w in the structure in paragraph 68 of Fukumoto is 2, the resulting R2 linking group meets the limitations of formula (4-2) of claim 8 for the case where v is 1. When at least one end group of Fukumoto has the structure of formula (2-1) of Fukumoto where r is 1 or 2, the overall structure of Fukumoto will have the number of polar groups within the range recited in claim 9, since the end group of formula (2-1) will have 3 or 4 polar groups, the other end group will have 2 to 4 polar groups, and the linking groups will have 1 or two polar groups, leading to a total of 6 to 10 polar groups from the linking groups.
In paragraphs 57-61 Fukumoto discloses that the R3 perfluoropolyether groups can have various structures meeting the limitations of the R2 group of claim 10, where w1 and w6 are 1 or 2, and some but not all of w2, w3, w4, and w5 are zero depending on which structure is chosen, and also meeting the limitations of formulas (5-1) and (5-2) of claim 11. In paragraph 48 Fukumoto also discloses that the R3 perfluoropolyether groups have a structure meeting the limitations of claim 10 where w1 and w6 are 1, w3 is 1 to 12, and w2, w4, and w5 are zero, and also meeting the limitations of formula (5-1) of claim 11 where h is 1 to 12 and i is 0.
In paragraph 74 Fukumoto discloses that the fluorine-containing ether preferably has a number-average molecular weight of 1000 to 10000, within the range recited in claim 12. In paragraph 16 Fukumoto discloses a lubricant for a magnetic recording medium comprising the fluorine-containing ether, meeting the limitations of claim 13. In paragraph 23 Fukumoto discloses a magnetic recording medium where comprising a magnetic layer, protective layer, and lubricant layer in sequence, where the lubricant layer comprises the fluorine-containing ether, meeting the limitations of claim 14. In paragraph 126 Fukumoto discloses that the average thickness of the lubricant layer is preferably from 0.5 to 2 nm, as recited in claim 15.
In light of the above, claims 1 and 3-15 are anticipated by Fukumoto.
Allowable Subject Matter
Claim 2 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. The R4 end group of formula (2-1) of Fukumoto is similar to formula (2-1) of claim 2 if b were 0, but claim 2 requires b to be 1 to 7. One of ordinary skill in the art would not have any motivation to modify the fluorine-containing ether of Fukumoto to have an end group meeting the limitations of claim 2.
Conclusion
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/JAMES C GOLOBOY/ Primary Examiner, Art Unit 1771
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