DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 16 February 2026 has been entered.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Objection
Claims 1-5 and 11 stand objected to because of the following informalities: Claim 1 recites “ in an amount of from 0.3 to 2%”, which appears to be “ in an amount of from 0.3 to 2% by weight” in light of the specification (Table IV). Appropriate correction is required.
Response to Amendment and Arguments
Applicant’s amendment overcomes the rejection of claims 1-5 and 11 under 35 U.S.C. 103 over US2017/0226391A1 (Vietti). The rejection has been withdrawn.
Applicant’s arguments in light of the amendment have been fully considered but are moot as they do not apply to the current rejection.
Claim Rejections - 35 USC § 103
Claims 1-5 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over US2020/0106061A1 (Mizuta), which is listed in Applicant’s information disclosure statement, in view of Vietti.
Regarding claims 1 and 4-5, Mizuta teaches an adhesive composition comprising a polyisocyanate and a polyester polyol of a molecular weight of from 3000 to about 100,000 g/mol ([0015]), exemplified as 10,000 above ([0166]-[0170], [0173]-[0175], and [0177]-[0178]), which meets the claimed molecular weight .
Mizuta further teaches that the composition may further comprises epoxy resins in an amount of 0.1 or more parts by mass and 10 or less parts by mass relative to 100 parts of the polyol ([0113] and [0118]), which meets the claimed additive and amount.
Mizuta does not expressly teaches the presence of a phosphate ester polyol compound, the claimed structure or amount.
Vietti teaches a phosphate ester can be added to an adhesion composition to provide improved properties such as significantly better green bonds, simplified lamination process and resistance to defects and delamination ([0002], [0115] and [0133]), wherein the phosphate polyol can be prepared by reacting a polyphosphoric acid with a polyether polyol ([110]), and the phosphate polyol having a structure of ([0023]) :
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which meets the claimed structure (II).
Vietti further discloses that the polyol is in excess relative to the phosphoric acid after the reaction with a phosphoric acid ([0045]), thus one of ordinary skill would expect the formation of phosphate diester polyol of structure (I).
Vietti exemplifies a formulation comprises 100 pbw of a polyol containing 75-80% of hydroxy functional polyester and 0.25 pbw of glycerin phosphate ([0117] and [0122], Table 10A), thus the glycerin phosphate is present in an amount of about 0.31-0.33 wt.% of the combined polyol component, calculated by the examiner , i.e., 0.25/(0.25+100X80) to (0.25/(0.25+100X75) , which meets the claimed amount.
At the time the invention was made it would have been obvious for a person of ordinary skill in the art to add the phosphate ester polyol of Vietti and its amount in the adhesive composition of Mizuta. The rationale to do so would have been the motivation provided by the teachings of Vietti that to do so would predictably provide better green bonds, simplified lamination process and resistance to defects and delamination ([0115] and [0133]).
Regarding claim 2 , Mizuta exemplifies a formulation comprises 10 parts of a polyester polyol and 2 parts of a polyisocyanate ([0194]), thus the ratio of the polyol component to that of the polyisocyanate is about 10:2=5, which meets the claimed range.
Regarding claims 3 and 11, Mizuta and Vietti teach all of the claimed ingredients in the claimed amounts, one of ordinary skill would have reasonable basis to expect the bond strength, aging time or moldability would naturally arise and be achieved by the composition of Mizuta Vietti. "Products of identical chemical composition can not have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. See MPEP § 2112.01.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AIQUN LI whose telephone number is (571)270-7736. The examiner can normally be reached Monday-Friday 9:00 am -4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski can be reached at 571-2721302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AIQUN LI/Ph.D., Primary Examiner, Art Unit 1766