DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims Status
Claims pending at this time are 1-5, 7-9, 11-18 and 21-22 are pending. Claims 6, 10, 19 and 20 were previously cancelled by Applicant.
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.
Claim(s) 1-3, 5, 7-9, 11-16, 18 and 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre grant Publication 2018/0002578 A1 issued to Kauffman et al., as evidenced by Sasol H1 Material Data Sheet.
Regarding Claims 1, 21 and 22:
Regarding Claim 1, where Applicant seeks a polyolefin-based hot melt adhesive composition comprising:
20 to 80 wt. % of a polyolefin polymer selected from polypropylene homopolymers, polybutene homopolymers, ethylene-propylene copolymers, and ethylene-butene copolymers,
2 to 15 wt. % of at least one hydrocarbon wax, and
optionally an antioxidant,
wherein the hydrocarbon wax has a congealing point in a range of 75 to 110 °C,
has a heat of fusion determined with differential scanning calorimetry of 200 to 235 J/g; and
is a synthetic Fischer-Tropsch wax;
Claim 21- The hot melt adhesive composition according to Claim 1, where the polyolefin polymer is present in an amount of 35 to 60 wt. % and
Claim 22- The hot melt adhesive composition according to Claim 1, where the polyolefin polymer is either a mixture of two polymers or is only one polymer, and wherein the polyolefin polymer is present in an amount of 35 to 60 wt. %
Applicant is directed to the teachings of Kauffman et al., who disclose a hot melt adhesive composition that includes at least 35% polymers, from about 15% by weight to 75% by weight of a propylene polymer and a wax component exhibiting a heat of fusion of at least 200 J/g [ ¶ ¶ abstract, 0006 and 0007].
At ¶ 0045, Kauffman et al., teaches that the wax component is present in the amount of at least 15% by weight and that the wax component is a Fischer-Tropsch wax. At ¶ 0047, Kauffman et al., disclose that useful Fischer -Tropsch waxes include Sasol H1. The Material Data Sheet of Sasol H1 provides evidence that Sasol H1 has a congealing point ranging from 96-100 ºC which is within Applicant’s claimed range.
At ¶ 0058, Kauffman et al., teaches the presence of an antioxidant in the amount of 0.1 to 2 weight percent.
Regarding Claim 2, where Applicant seeks that the hot melt adhesive composition according to claim 1, comprising a tan delta (G" / G') in a dynamic mechanical analysis that is equal to 1 in the range of 60 °C to 100 °C; Kauffman et al. teaches the claimed invention but fails to teach that the hot melt adhesive has a tan delta in a dynamic mechanical analysis that is equal to 1 in the range of 60 ºC to100 ºC. It is reasonable to presume that the hot melt adhesive of Kauffman et al., has a tan delta in a dynamic mechanical analysis that is equal to 1 in the range of 60 ºC to100 ºC. Said presumption is based on Kauffman’s disclosure of a hot melt adhesive composition that includes at least 35 weight % polymer, from about 15% by weight to 75% by weight of propylene polymer and a wax component exhibiting a heat of fusion of at least 200 J/g [abstract and ¶¶ 0006 and 0007]. At ¶ 0045, the instant reference discloses that the wax component is present in the amount of at least 15% by weight and that the wax component is a Fischer-Tropsch wax. At ¶ 0047, the instant reference discloses that useful Fischer -Tropsch waxes include Sasol H1. The Material Data Sheet of Sasol H1 provides evidence that Sasol H1 has a congealing point ranging from 96-100 ºC which is within Applicant’s claimed range. At ¶ 0058 they disclose the presence of an antioxidant in the amount of 0.1 to 2 weight percent. The burden is upon Applicant to prove otherwise. In re Fitzgerald 205 USPQ 594. In addition, the presently claimed properties as set forth above, it would obviously have been present once the Kauffman et al. product is provided. Note In re Best, 195 USPQ at 433, footnote (CCPA 1977) as to the providing of this rejection made above under 35 USC 102. Reliance upon inherency is not improper even though rejection is based on Section 103 instead of Section 102. In re Skoner, et al. (CCPA) 186 USPQ 80.
Regarding Claim 3, where Applicant seeks that the hot melt adhesive composition according to claim 1, wherein the hydrocarbon wax has a molecular mass (number average) between 500 and 1200 g-mol-1; Applicant is directed to the Material Data Sheet of Sasol H1 which provides the evidence of Sasol H1 having a molecular weight of 880 Daltons [880 g/mol].
Regarding Claim 5, where Applicant seeks that the hot melt adhesive composition according to claim 1, wherein the hydrocarbon wax is further characterized by one or more of the following features: a Brookfield viscosity at 135 °C of below 20 mPa-s; a penetration at 25 °C of below 10 1/10 mm; the hydrocarbon wax is hydrotreated; and an oil content below 1 wt. %; Applicant is directed to the Material Data Sheet of Sasol H1 which provides evidence of Sasol H1 having an oil content of 0.2 mass% and a Brookfield viscosity at 135 ºC of 8 c P [8 mPa s].
Regarding Claim 7, where Applicant seeks that the hot melt adhesive composition according to claim 1, wherein the adhesive composition is further characterized by one or more of the following properties:- a T-peel strength, which is at least 10% higher compared to the same hot melt adhesive composition without the hydrocarbon wax or with a hydrocarbon wax other than the hydrocarbon wax according to claim 1;- an increase of the storage modulus (G') in a dynamic mechanical analysis with a frequency of 10 Hz at a cooling rate of 2 °C/min of more than 10 MPa, within 10 °C at a point above 60 °C;- an increase of the storage modulus (G') in a dynamic mechanical analysis with a frequency of 10 Hz at a cooling rate of 2 °C/min of more than 500 MPa, between 40 °C and 100 °C; and- a Brookfield viscosity at 160 °C below 5000 mPa-s; Applicant is directed to ¶ 0031 of Kauffman et al. which discloses that the hot melt adhesive composition exhibits a viscosity of less than 3000 cps [3000 mPa s], which is within Applicant’s claimed range.
Regarding Claim 8, where Applicant seeks that the hot melt adhesive composition according to claim 1, wherein the adhesive composition further comprises: a tackifier, a processing oil, or both; Applicant is directed to ¶¶ 0008-0012 and 0053 of Kauffman et al. discloses that the composition can include a tackifying agent.
Regarding Claim 9, where Applicant seeks that the hot melt adhesive composition according to claim 1, comprising the antioxidant, and wherein the antioxidant is present in an amount of 0.1 to 2 wt. %; Applicant is directed to ¶¶ 0057- 0058 of Kauffman et al. which discloses the presence of an antioxidant in the amount of 0.1 to 2 weight percent.
Regarding Claim 11, where Applicant seeks that the hot melt adhesive composition according to claim 1 wherein the polyolefin polymer is either a mixture of two polymers or is only one polymer; Applicant is directed to the abstract and ¶¶ 0006-0007, where Kauffman et al. teaches a hot melt adhesive composition that includes at least 35 weight % polymer, from about 15% by weight to 75% by weight of propylene polymer and a wax component exhibiting a heat of fusion of at least 200 J/g.
Regarding Claim 12 where Applicant seeks that the hot melt adhesive composition according to The hot melt adhesive composition according to wherein the polymer is further characterized by one or more of the following features: a Brookfield viscosity at 190 °C between 1000 to 50000 mPa-s; a ring and ball softening point between 90 and 130 °C;- a heat of fusion determined with differential scanning calorimetry of less than 30 J/g; and- a density of 0.8 to 0.9 g-cm3 ; Applicant is directed to ¶ 0035, where Kauffman et al. teaches that the propylene polymer exhibits a viscosity of less than 100,000 cps; a heat of fusion of about 5 J/g and a density of no greater than 0.90 g/cm3 and a ring and ball softening point of at least 120°C [¶ 0012 and 0053].
Regarding Claim 13, where Applicant seeks a method to produce the hot melt adhesive according to a method to produce the hot melt adhesive according to comprising mixing, in a molten state, at least one polyolefin polymer selected from polypropylene homopolymers, polybutene homopolymers, ethylene-propylene copolymers, and ethylene-butene copolymers, at least one hydrocarbon wax and, optionally, any one or more of a tackifier, a processing oil, or an antioxidant, with each other in a heated mixer until they are homogenous, wherein the hydrocarbon wax - has a congealing point in a range of 75 to 110 °C,- has a heat of fusion determined with differential scanning calorimetry of 200 to 235 J/g; and- is a synthetic Fischer-Tropsch wax; and wherein the composition comprises:- 20 to 80 wt. % of the at least one polyolefin polymer,- 2 to 15 wt. % of the at least one hydrocarbon wax: Applicant is directed to ¶ 0003 of Kauffman et al., where they disclose that hot melt adhesives are used to bond two substrates and are applied in a molten state. Kauffman discloses a hot melt adhesive composition that includes at least 35 weight % polymer, from about 15% by weight to 75% by weight of propylene polymer and a wax component exhibiting a heat of fusion of at least 200 J/g [see abstract and ¶¶ 0006 and 0007]. At ¶ 0045, Kauffman et al., discloses that the wax component is present in the amount of at least 15% by weight and that the wax component is a Fischer-Tropsch wax. At ¶ 0047, they disclose that useful Fischer -Tropsch waxes include Sasol H1. The Material Data Sheet of Sasol H1 provides evidence that Sasol H1 has a congealing point ranging from 96-100 ºCm which is within Applicant’s claimed range. At ¶ 0058, the instant reference discloses the presence of an antioxidant in the amount of 0.1 to 2 weight percent.
Regarding Claim 14, where Applicant seeks a nonwoven laminate comprising the hot melt adhesive composition according to claim 1; Applicant is directed to ¶¶ 0060-0061, where Kauffman et al., disclose that the hot melt adhesive composition is useful when applied or incorporated into nonwovens.
Regarding Claim 15, where Applicant seeks that the nonwoven laminate according to claim 14, wherein the laminate comprises at least one nonwoven layer or at least one nonwoven layer and one polymer layer; Applicant is directed to ¶¶ 0060-0061, where Kauffman et al., disclose that the hot melt adhesive composition is useful when applied or incorporated into nonwovens.
Regarding Claim 16, where Applicant seeks a method to produce a nonwoven laminate according to claim 15 comprising at least the following steps:- preparing a hot melt adhesive composition comprising a) 20 to 80wt.% of a at least one polyolefin polymer selected from polypropylene homopolymers, polybutene homopolymers, ethylene-propylene copolymers, and ethylene- butene copolymers; b) 2 to 15 wt. % of at least one hydrocarbon wax; and c) optionally an antioxidant, wherein the hydrocarbon wax has a) a congealing point in a range of 75 to 110 °C; b) a heat of fusion determined with differential scanning calorimetry of 200 to 235 J/g; and c) is a synthetic Fischer-Tropsch wax;- spray coating the at least one nonwoven layer or the polymer layer with the hot melt adhesive composition thereby to produce a coated layer;- providing at least a second nonwoven or polymer layer, which is arranged on top of the coated layer, and- pressing the layers together; Applicant is directed to Kauffman et al., who disclose a hot melt adhesive composition that includes at least 35 weight % polymer, from about 15% by weight to 75% by weight of propylene polymer and a wax component exhibiting a heat of fusion of at least 200 J/g [see abstract and¶¶ 0006 and 0007]. At ¶ 0045, the instant reference discloses that the wax component is present in the amount of at least 15% by weight and that the wax component is a Fischer-Tropsch wax. At ¶ 0047, the instant reference discloses that useful Fischer -Tropsch waxes include Sasol H1. The Material Data Sheet of Sasol H1 provides evidence that Sasol H1 has a congealing point ranging from 96-100 ºCm which is within Applicant’s claimed range. At ¶ 0058 they teach the presence of an antioxidant in the amount of 0.1 to 2 weight percent. At ¶ 0062 they disclose that the hot melt adhesive composition is applied to a substrate via spray coating. At ¶¶ 0060, 0061 and 0068 they disclose that the hot melt adhesive composition is useful when applied or incorporated into nonwovens which can pre pressed together via an engraving roller. Additionally, at ¶ 0003 they disclose that hot melt adhesives are used to bond two substrates and the hot melt adhesive composition is applied in a molten state.
Regarding Claim 18, where Applicant seeks that the method according to claim 16, wherein pressing the layers together includes feeding the layers arranged on top of each other between two rollers, thus pressing the layers together; Applicant is directed to ¶ 0061, 0062 and 0068 of Kauffman et al., where they disclose that the hot melt adhesive can be applied to a substrate via a combination of spray coating and engraved roller coating. At ¶ 0022, Kauffman et al disclose a second substrate bonded to a first substrate through the hot melt adhesive composition. At ¶ 0061, they disclose the substrates as nonwovens.
Allowable Subject Matter
Claims 4 and 17 are 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.
Regarding claim 4, Applicant claims a polyolefin-based hot melt adhesive composition as recited in claim 1, further including wherein the hydrocarbon was has a content of branched hydrocarbons between 10 and 25 wt% as recited in claim 4. The closest prior art, U.S. Pre grant Publication 2018/0002578 issued to Kauffman et al., who teaches a hot melt adhesive composition that includes at least 35 weight % polymer, from about 15% by weight to 75% by weight of propylene polymer and a wax component exhibiting a heat of fusion of at least 200 J/g [abstract and ¶¶ 0006 and 0007]. At ¶ 0045 the instant reference discloses that the wax component is present in the amount of at least 15% by weight and that the wax component is a Fischer-Tropsch wax. At ¶ 0047, they disclose that useful Fischer -Tropsch waxes include Sasol H1. The Material Data Sheet of Sasol H1 provides evidence that Sasol H1 has a congealing point ranging from 96-100 ºC which is within Applicant’s claimed range. At ¶ 0058, they disclose the presence of an antioxidant in the amount of 0.1 to 2 weight percent. Kauffman fails to teach or suggest a hydrocarbon wax being a Fischer-Tropsch synthetic was having a content of branched hydrocarbons between 10 and 25 wt%. The key characteristic of Sasolwax H1 is its predominantly has a linear molecular structure. This high degree of linearity and crystallinity is what provides the product's unique features, such as a high melting point and low viscosity in its melted state.
Regarding claim 17, Applicant claims a method to produce a nonwoven laminate as recited in claim 16, further including wherein the spray coating is performed at a temperature of 120 to 160 °C, to a coating weight of between 1 and 4 g/m2, a nozzle air pressure of 0.005 to 0.05 MPa and a machine speed of between 1 and 4 m/min or 4 to 600 m/min to obtain a coated layer as recited in claim 17. The closest prior art, U.S. Pre grant Publication 2018/0002578 issued to Kauffman et al., who teaches a hot melt adhesive composition that includes at least 35 weight % polymer, from about 15% by weight to 75% by weight of propylene polymer and a wax component exhibiting a heat of fusion of at least 200 J/g [abstract and ¶¶ 0006 and 0007]. At ¶ 0045 the instant reference discloses that the wax component is present in the amount of at least 15% by weight and that the wax component is a Fischer-Tropsch wax. At ¶ 0047, they disclose that useful Fischer -Tropsch waxes include Sasol H1. The Material Data Sheet of Sasol H1 provides evidence that Sasol H1 has a congealing point ranging from 96-100 ºC which is within Applicant’s claimed range. At ¶ 0058, they disclose the presence of an antioxidant in the amount of 0.1 to 2 weight percent. Additionally, Kauffman teaches that the hot melt adhesive composition is applied to a substrate via spray coating. At ¶¶ 0060, 0061 and 0068 they further disclose that the hot melt adhesive composition is useful when applied or incorporated into nonwovens. At ¶ 0003 they disclose that hot melt adhesives are used to bond two substrates and the hot melt adhesive is applied in a molten state. Kauffmann et al. do not disclose that the spray coating is performed at a temperature of 120 to 160 °C, to a coating weight of between 1 and 4 g/m2, a nozzle air pressure of 0.005 to 0.05 MPa and a machine speed of between 1 and 4 m/min or 4 to 600 m/min to obtain a coated layer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. JP-H 09221648-A issued to Yoneda et al. disclose making hot melt adhesive compositions [abstract, ¶ ¶ 0001 and 0009] with excellent in creep resistance, appropriate flexibility, and is less likely to cause problems such as bleed-out and bleeding.
At ¶ 0010, the instant reference teaches that the base polymer comprises an amorphous polyolefin copolymer which is a binary or ternary random copolymer containing 45% by weight or more of a butylene component and an adhesive composition. This binary or ternary random copolymer is selected from ethylene, propylene and butylene. The main component is one having at least one kind of constituent component and containing butylene as an essential component. The content of the butylene component in the binary or ternary random copolymer is limited to 45% by weight or more, preferably 50 to 90% by weight. When the content of the butylene component is less than 45% by weight, the cohesive force of the base polymer is lowered and the creep resistance is lowered. On the other hand, if it exceeds 90% by weight, the cohesive force becomes high and the texture becomes poor. In the above base polymer, other amorphous polyolefin may be used in combination with the amorphous polyolefin which is a binary or ternary random copolymer containing 45% by weight or more of butylene component. When such other amorphous polyolefin is used in combination, the total content of butylene components in the entire base polymer is 30 .
The amount is preferably adjusted to be not less than wt%, more preferably 40 to 90 wt%.
At ¶ 0019, the instant reference teaches that oils, plasticizers, various heat stabilizers, antioxidants, ultraviolet absorbers and the like may be added to the above-mentioned pressure-sensitive adhesive composition, if necessary. As the above-mentioned oil or plasticizer, besides normal paraffin oil, naphthene-based or aromatic-based oil, polybutene, liquid rubber, liquid resin and the like may be appropriately used.
At ¶ 0018, the instant reference teaches that waxes may be added to the adhesive composition and some examples of the waxes include polyethylene wax, polypropylene wax, paraffin wax, microcrystalline wax, and modified products thereof.
At ¶ 0028, a Fischer-Tropsch wax, Sazol "Sazol H1 is used. As evidence by the datasheet, this specific wax has a congealing point of 96-100 °C, which overlaps with Applicant’s sought congealing point in a range of 75 to 110 °C.
At ¶ 0025 of Yoneda et al. teach that the adhesive composition is laminated with a polypropylene nonwoven.
Yoneda et al. do not disclose that the wax has a heat of fusion determined with differential scanning calorimetry of 200 to 235 J/g.
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/Arti Singh-Pandey/
Primary Patent Examiner
Art Unit 1759
asp