DETAILED ACTION
This office action is in regards to a continuation-in-part application filed October 6, 2021 claiming priority to PCT/US2021/026413 filed April 8, 2021 and provisional application 63/007,424 filed April 9, 2020. Claims 1-26 are pending and currently being examined.
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 § 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, 4, 7, 9, 11, 13-15, 17, and 21-26 are rejected under 35 U.S.C. 103 as being unpatentable over Slater et al. (US 2017/0275462 A1) as evidenced by Spetz et al. (Ann. Occup. Hyg., Vol. 46, No.7, pp. 637-641, 2002).
Slater et al. disclose a coupling agent formulation [0013]: surface treatment agent serves as a coupling modifier) for cellulosic material-polymer composites [0003] comprising: a) at least one organic peroxide [0100] such as di-cumyl peroxide and b) at least one of i) at least one zinc-containing reagent [0145] such as zinc stearate, but does not disclose a specific formulation comprising said agents. It would have been obvious to one with skill in the art to prepare the formulation disclosed comprising various disclosed additional components through routine experimentation with a reasonable expectation of success.
In regards to claim 4, Slater et al. further disclose wherein the at least one zinc-containing reagent comprises an organic zinc compound comprising Zn-O functionality such as zinc stearate [0145].
In regards to claim 7, Slater et al. further disclose dicumyl peroxide [0100] with a half-life of 5hr @120°C as evidenced by Spetz et al. [p.640, right col., para 2].
In regards to claim 9, Slater et al. disclose the at least one organic peroxide comprises peroxyketals such as 1, 1-Di(tert-butylperoxy)-3,3,5-trimethylcyclohexane [0100].
In regards to claim 11, Slater et al. disclose a masterbatch [Abstract] for cellulosic material-polymer composites [0003-0004] comprising: a) at least one organic peroxide, dicumyl peroxide [0100]; b) at least one of i) at least one zinc-containing reagent of zinc stearate [0145], and c) at least one carrier for the coupling agent masterbatch of a functional filler [0003], but does not disclose a specific formulation comprising said agents. It would have been obvious to one with skill in the art to prepare the formulation disclosed comprising various disclosed additional components through routine experimentation with a reasonable expectation of success.
In regards to claim 13, Slater et al. further disclose wherein the at least one carrier for the coupling agent masterbatch is clay [0056].
In regards to claim 14, Slater et al. further disclose the at least one zinc-containing reagent comprises an organic zinc compound comprising Zn-O functionality of zinc stearate [0145].
In regards to claim 15, Slater et al. further disclose dicumyl peroxide [0100] with a half-life of 5hr @120°C as evidenced by Spetz et al. [p.640, right col., para 2].
In regards to claim 17, Slater et al. further disclose the at least one organic peroxide comprises peroxyketals of 1, 1-Di(tert-butylperoxy)-3,3,5- trimethylcyclohexane [0100]..
In regards to claim 21, Slater et al. discloses a composite [0004] comprising: a) at least one organic peroxide of di-cumyl peroxide [0100], with a half-life of 5hr @120°C as evidenced by Spetz et al. (p.640, right col., para 2); b) at least one of i) at least one zinc-containing reagent of zinc stearate [0145]; d) at least one polymeric matrix comprising a thermoplastic polymer [0003, 0053]; and e) at least one filler comprising cellulose as in a cellulosic material [0003], but does not disclose a specific formulation comprising said agents. It would have been obvious to one with skill in the art to prepare the formulation disclosed comprising various disclosed additional components through routine experimentation with a reasonable expectation of success.
In regards to claim 22, Slater et al. disclose a method of producing [0001, 0101] a coupling agent [0013] wherein the surface treatment agent serves as a coupling modifier masterbatch [Abstract] for cellulosic material-polymer composites [0003-0004], the method comprising: A) combining [0101] a) at least one organic peroxide such as di-cumyl peroxide [0100]; b) at least one of i) at least one zinc-containing reagent such as zinc stearate [0145] to form a coupling agent formulation for cellulosic material-polymer composites [0003-0004]; B) combining the coupling agent formulation for cellulosic material-polymer composites with e) at least one carrier [0003] functional filler for the coupling agent masterbatch to form the coupling agent masterbatch for cellulosic material-polymer composites [0003, 0010], but does not disclose a specific formulation comprising said agents. It would have been obvious to one with skill in the art to prepare the formulation disclosed comprising various disclosed additional components through routine experimentation with a reasonable expectation of success.
In regards to claim 23, Slater et al. disclose a cellulosic material-polymer composite and further discloses a method of producing a cellulosic material-polymer composite [Abstract; 0004], the method comprising: I) combining [0101] components comprising: A) said coupling agent [0013]; B) a polymer matrix; and C) a filler [0053], to form a component combination; and II) forming the component combination into a composite [0004].
In regards to claim 24, Slater et al. disclose a method of producing a cellulosic material-polymer composite and further disclose extruding the composition to form a composite [0006] comprising an extruder [0191], but does not disclose wherein step I) further comprises a step of feeding components A), B), and C) to an extruder and step II) comprises a step of extrusion through a die. It would have been obvious to one with skill in the art to utilize the method disclosed comprising feeding the disclosed components into an extruder and shaping the composite as desired.
In regards to claim 25, Slater et al. disclose a formulation for a coupling agent masterbatch for cellulosic material-polymer composites and further discloses a method of producing a cellulosic material-polymer composite [Abstract; 0004], wherein the method comprises: I) combining [0101] components comprising: A) said coupling agent [0013]; B) a polymer matrix; and C) a filler [0053], to form a component combination; and II) forming the component combination into a composite [0004].
In regard claim 26, Slater et al. disclose a method of producing a cellulosic material-polymer composite and further disclose extruding the composition to form a composite [0006] comprising an extruder [0191], but does not disclose wherein step I) further comprises a step of feeding components A), B), and C) to an extruder and step II) comprises a step of extrusion through a die. It would have been obvious to one with skill in the art to utilize the method disclosed comprising feeding the disclosed components into an extruder and shaping the composite as desired.
Claim(s) 2-3, 5-6, 10, 12, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Slater et al. (US 2017/0275462 A1) as evidenced by Spetz et al. (Ann. Occup. Hyg., Vol. 46, No.7, pp. 637-641, 2002) in view of Bruce et al. (US 2020/0369866 A1).
The rejection of claim 1 is adequately set forth in Paragraph 4 above and is incorporated herein by reference.
In regards to claim 2, Slater et al. do not disclose further comprising: c) at least one silicon-containing reagent having structure (II): SiR5R6R7R8 (II); wherein R5, R6, R7, or R8 do not comprise an unsaturation and are hydrogen or alkyl or alkoxy groups and may be the same or different from each other and may be the same or different from the R1, R2, R3, or R4 groups that do not contain an unsaturation. However, Bruce et al. disclose polymer composites [Abstract] comprising cellulose [0025] and at least one silicon-containing reagent having structure (II): SiR5R6R7R8 (II); wherein R5, R6, R7, or RB do not comprise an unsaturation and are hydrogen or alkyl or alkoxy groups and may be the same or different from each other and may be the same or different from the R1, R2, R3, or R4 groups that do not contain an unsaturation such as hexyltrimethoxysilane [0033]. It would have been obvious to one with skill in the art to utilize the formulation disclosed by Slater et al. further comprising additional filler treating agents utilized in similar composites, as disclosed by Bruce et al., through routine experimentation.
In regards to claim 3, Slater et al. do not disclose comprising the at least one silicon-containing reagent of formula (I) and further comprising at least one of boric acid, sodium tetraborate decahydrate, sodium tetraborate pentahydrate, sodium tetraborate anhydrous, disodium octaborate tetrahydrate, disodium octaborate anhydrous, sodium metaborate, calcium borate, zinc borate, ammonium borate, or combinations thereof. However, Bruce et al. disclose polymer composites (abstract) comprising cellulose [0025]; at least one silicon-containing reagent of formula (I), vinyltrimethoxysilane [0119] and boric acid [0017]. It would have been obvious to one with skill in the art to utilize the formulation disclosed by Slater et al., further comprising additional filler treating agents and filler materials utilized in similar composites, as disclosed by Bruce et al. through routine experimentation.
In regards to claim 5, Slater et al. do not disclose wherein the at least one silicon-containing reagent having structure (I) comprises at least one of compounds listed. However, Bruce et al. disclose polymer composites [Abstract] comprising cellulose [0025] and at least one silicon-containing reagent having structure (I) comprises vinyl(alkoxy)silanes such as vinyltrimethoxysilane [0119]. It would have been obvious to one with skill in the art to utilize the formulation disclosed by Slater et al. further comprising additional filler treating agents utilized in similar composites, as disclosed by Bruce et al. through routine experimentation.
In regards to claim 6, Slater et al. in view of Bruce et al. disclose a formulation similar to the coupling agent formulation of claim 2, as disclosed above, and Bruce et al. further disclose wherein the at least one silicon-containing reagent having structure (II) comprises (alkyl)(alkoxy)silanes such as hexyltrimethoxysilane [0033].
In regards to claim 10, Slater et al. do not disclose wherein the at least one zinc-containing reagent comprises compounds listed. However, Bruce et al. disclose polymer composites [Abstract] comprising cellulose [0025] comprising various fillers including zinc oxide [0017]. It would have been obvious to one with skill in the art to utilize the formulation disclosed by Slater et al., further comprising additional filler agents utilized in similar composites, as disclosed by Bruce et al. through routine experimentation.
In regards to claim 12, Slater et al. do not disclose further comprising: c) at least one silicon-containing reagent having structure (II): SiR5R6R7R8 (11); wherein R5, R6, R7, or RB do not comprise an unsaturation and are hydrogen or alkyl or alkoxy groups and may be the same or different from each other and may be the same or different from the R1, R2, R3, or R4 groups that do not contain an unsaturation. However, Bruce et al. disclose polymer composites [Abstract] comprising cellulose [0025] and at least one silicon-containing reagent having structure (II): SiR5R6R7R8 (II); wherein RS, R6, R7, or RB do not comprise an unsaturation and are hydrogen or alkyl or alkoxy groups and may be the same or different from each other and may be the same or different from the R1, R2, R3, or R4 groups that do not contain an unsaturation such as hexyltrimethoxysilane [0033]. It would have been obvious to one with skill in the art to utilize the formulation disclosed by Slater et al., further comprising additional filler treating agents utilized in similar composites, as disclosed by Bruce et al., through routine experimentation.
In regards to claim 18, Slater et al. do not disclose wherein the at least one zinc-containing reagent comprises compounds listed. However, Bruce et al. disclose polymer composites [Abstract] comprising cellulose [0025] comprising various fillers including zinc oxide [0017]. It would have been obvious to one with skill in the art to utilize the formulation disclosed by Slater et al., further comprising additional filler agents utilized in similar composites, as disclosed by Bruce et al. through routine experimentation.
In regards to claim 19, Slater et al. do not disclose wherein the at least one silicon-containing reagent having structure (I) comprises compounds listed. However, Bruce et al. disclose polymer composites [Abstract] comprising cellulose [0025] and at least one silicon-containing reagent having structure (I) comprises vinyl(alkoxy)silanes such as vinyltrimethoxysilane [0119]. It would have been obvious to one with skill in the art to utilize the formulation disclosed by Slater et al., further comprising additional filler treating agents utilized in similar composites, as disclosed by Bruce et al. through routine experimentation.
In regards to claim 20, Slater et al. do not disclose wherein the at least one silicon-containing reagent having structure (II) comprises compounds listed. However, Bruce et al. disclose polymer composites [Abstract] comprising cellulose [0025] and at least one silicon-containing reagent having structure (II) comprises (alkyl)(alkoxy)silanes such as hexyltrimethoxysilane [0033]. It would have been obvious to one with skill in the art to utilize the formulation disclosed by Slater et al., further comprising additional filler treating agents utilized in similar composites, as disclosed by Bruce et al. through routine experimentation.
Claims 8 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Slater et al. (US 2017/0275462 A1) as evidenced by Spetz et al. (Ann. Occup. Hyg., Vol. 46, No.7, pp. 637-641, 2002) in view of Kim et al. (US 2019/0023882 A1).
The rejection of claim 1 is adequately set forth in Paragraph 4 above and is incorporated herein by reference.
In regards to claim 8, Slater et al. do not disclose wherein the at least one organic peroxide comprises at least one functionalized organic peroxide. However, Kim et al. disclose similar cellulosic material-polymer composites [Abstract] comprising least cine functionalized organic peroxide of t-butylperoxy maleic acid [0130]. It would have been obvious to one with skill in the art to utilize the formulation disclosed by Slater et al., further comprising similar organic peroxides utilized in similar composites, as disclosed by Kim et al. through routine experimentation.
In regards to claim 16, Slater et al. do not disclose wherein the at least one organic peroxide comprises at least one functionalized organic peroxide. However, Kim et al. disclose similar cellulosic material-polymer composites [Abstract] comprising least one functionalized organic peroxide such as t-butylperoxy maleic acid [0130]. It would have been obvious to one with skill in the art to utilize the formulation disclosed by Slater et al., further comprising similar organic peroxides utilized in similar composites, as disclosed by Kim et al. through routine experimentation.
Conclusion
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/RONALD GRINSTED/Examiner, Art Unit 1763
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