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 § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al. (CN 106905460 A, “Zhang”). The disclosure of Zhang is based off a machine translation of the reference included with this action, except for [0036] which comes from the original document.
With respect to claims 1, 3, and 8, Zhang discloses a sulfur-containing polymer ([0002]) that forms coordinate bonds with metal ions ([0009]); therefore, at least one of metal ions are bound to the sulfur of the sulfur-containing group. The polymer includes those made from styrene sulfide having the structure shown below ([0012], [0036]), which corresponds to a thioether where R is -S1 and R’ is -CH3. The metal includes palladium ([0033]).
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Styrene sulfide
Allowable Subject Matter
Claim 4 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 following is an examiner’s statement of reasons for indicating allowable subject matter. Claim 4 contains allowable subject matter over the “closest” prior art Zhang et al. (CN 106905460 A, “Zhang”), Byerley et al. (US 5,453,530, “Byerley”), Jang et al. (WO 2013/089538 A1, “Jang”), Chambers et al. (US 3,650,978, “Chambers”), Rainer (US 2002/0161122 A1). The disclosure of Zhang is based off a machine translation of the reference included with this action, while the disclosure of Jang is based off a machine translation of the reference included with the action mailed 22 April 2026.
Zhang discloses a sulfur-containing polymer ([0002]) that forms coordinate bonds with metal ions ([0009]); therefore, at least one of metal ions are bound to the sulfur of the sulfur-containing group. The polymer includes those made from styrene sulfide having the structure shown below ([0012], [0036]), which corresponds to a thioether where R is -S1 and R’ is -CH3. The metal includes palladium ([0033]).
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Styrene sulfide
However, Zhang does not disclose the sulfur-containing group is a polysulfide of formula (Ia), a thiol group of formula (Ib), a thioether group of the formula (Ic) of -S-CH2CH3, a thionoester of formula (Id), or a thioester of formula (Ie). Instead, Zhang discloses a thioether of formula -S-CH3, which does not fall within the scope of claim 4.
Byerley discloses a polymer made having a repeating unit having the structure of shown below, where R is H or methyl, and n is 1, 2, or 3 (Col. 2, 53-63; Col. 3, lines 16-29). The polymer enables determination of wetting and penetration into the compound into the substrate (Col. 2, lines 35-42) (i.e., the polymer is a surface polymer that penetrates into a substrate). The repeating unit is a thioester and corresponds to the claimed sulfur-containing group having the formula (I) RR’ where R is -S-C(O) and R’ is a bond, and thus also corresponds to the claimed formula (Ie).
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Repeating unit
However, Byerley does not disclose wherein at least one of metal atoms or metal ions are bound to the sulfur of the sulfur-containing group.
Jang discloses an optical material made from a polymerization compound that includes a thioepoxy material and a polythiol compound ([15], [20]). The polythiol compound includes bis(2-mercaptoethyl)sulfide ([21]), which has the structure shown below, corresponding to the claimed polymer having a sulfur-containing group being a thiol and corresponds to a thiol having the formula (Ib) as claimed. The optical material comprising the polymer is used with substrates ([79]) and is therefore a surface polymer as claimed.
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Bis(2-mercaptoethyl)sulfide
However, Jang does not disclose wherein at least one of metal atoms or metal ions are bound to the sulfur of the sulfur-containing group.
Chambers discloses thioalcohol-esterified and hydroxythioether-esterified vinyl monomermaleic anhydric polymers (Col. 1, lines 27-29). The polymers have half-thioester of maleic acid repeating units shown below where R is a monovalent hydrocarbon radical having 1-20 carbon atoms (Col. 1, lines 47-48). This corresponds to the claimed formula (I) where R is -S-C(O) and R’ is a bond and also corresponds to the claimed formula (Ie).
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Half-thioester of maleic acid repeating unit
However, Chambers does not disclose wherein at least one of metal atoms or metal ions are bound to the sulfur of the sulfur-containing group.
Rainer discloses polymers used to remove dissolved metals from water ([0002]). The polymer is a sulfur-containing water insoluble hydrogel polymer ([0016]) (i.e., has a plurality of repeating units comprising a sulfur-containing group). The dissolved metals include copper, which is transferred to the sulfur-containing polymer ([0055]) (i.e., the metal atoms are bound to the sulfur of the sulfur-containing group). The polymer is contained in a substrate ([0032]) and is therefore a surface polymer as claimed (the polymer is contained in an inner surface).
However, Rainer does not disclose wherein the sulfur-containing group is a polysulfide group, a thiol group, a thiol group, a thioether group, a thionoester, or a thioester group.
Thus, none of the cited references, either alone or in combination, disclose the invention of claim 4 and therefore claim 4 contains allowable subject matter.
Response to Arguments
Due to the cancellation of claims 2 and 7, the 35 U.S.C. 102(a)(1) and 35 U.S.C. 103 rejections of claim 2 are withdrawn, and the 35 U.S.C. 103 rejection of claim 7 is withdrawn.
Due to the amendment to claim 1, the 35 U.S.C. 102(a)(1) rejections of claims 1 and 3-4 over Byerley, the 35 U.S.C. 103 rejections of claims 1 and 3-4 over Jang, the 35 U.S.C. 103 rejections of claims 1 and 3-4 over Chambers, and the 35 U.S.C. 103 rejections of claims 1 and 8 over Rainer are withdrawn. This is because none of these references disclose wherein the sulfur-containing group is a polysulfide group, a thiol group, a thioether group, a thionoester group, or a thioester group, and wherein at least one of metal atoms or metal ions are bound to sulfur of the sulfur-containing group. However, upon updating the searches, a new reference, namely Zhang, was found, which meets claims 1, 3, and 8 as set forth above.
Applicant’s arguments with respect to claims 1, 3-4, and 8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Steven A Rice whose telephone number is (571)272-4450. The examiner can normally be reached Monday/Wednesday 07:30-12:30 and 20:30-22:30; Tuesday/Thursday/Friday 07:30-16:30 Eastern.
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/STEVEN A RICE/Examiner, Art Unit 1787
/CALLIE E SHOSHO/Supervisory Patent Examiner, Art Unit 1787
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