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 § 112
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.
Claim 11 is 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.
Claim 11 recites the limitation "the (meth)acrylate C". There is insufficient antecedent basis for this limitation in the claim as it is introduced in non-intervening claims 9.
Claim 11 recites the limitation "the (meth)acrylate D". There is insufficient antecedent basis for this limitation in the claim as it is introduced in non-intervening claims 10.
Allowable Subject Matter
Claims 1-10 and 12-14 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art is cited on PTO 892. None of the prior art cited or reviewed by the examiner alone or in combination reasonably discloses the composition that includes the compound B with a carboxy group and with the claimed molecular weight in combination with the ratio of the number of moles of carboxy to number of moles of tertiary amino group that reads on the claim range (or makes obvious the claimed range). Each of the cited prior art references, attached, reasonably discloses the claimed compounds, molecular weight or a adjustable range of moles of carboxy to amine; however, taken alone or collectively, none of the references disclose or makes obvious the combination of features as instantly claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID P TUROCY whose telephone number is (571)272-2940. The examiner can normally be reached Mon, Tues, Thurs, and Friday, 7:00 a.m. to 5:30 p.m.
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/DAVID P TUROCY/Primary Examiner, Art Unit 1718
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