DETAILED ACTION
Applicant’s amendment dated 20 February 2026 is hereby acknowledged. Claims 3, 6, 8, 12, 13, 15, 17, 19-22, 25-27, 29, 32, and 34-36 as amended are pending, with claims 20-22, 25-27, 29, 32, and 34 withdrawn. All outstanding objections and rejections made in the previous Office Action, and not repeated below, are hereby withdrawn.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior office action.
New grounds of rejection set forth below are necessitated by applicant’s amendment filed on 20 February 2026. For this reason, the present action is properly made final.
Claim Rejections - 35 USC § 103
Claim(s) 3, 6, 8, 12, 13, 15, 17, 19, 35 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over US 2014/0150970 (“Desai”) in view of US 2008/0081212 (“Inbe”).
As to claims 35 and 36, Desai teaches a composition for treating a substrate (para. 0006), including a first component containing an epoxy compound, including the recited and a second component including a curing agent (compound that reacts with epoxy compound) (abstract). Desai teaches rubber (elastomer) particles (abstract). Examples of Desai teach the use of cyclic diamines as a curing agent, including diamines having a carbon atom positioned between the amino group and cyclic structure as required by claim 36 (Table 4, teaching composition using 1,3-bis(aminomethyl)cyclohexane) and bisphenol epoxy resin (Epon 828, see table 1). Desai teaches core shell rubber particles dispersed in epoxy resin of the recited particle size (para. 0057).
While not exemplified with the cyclic amine, Desai teaches an epoxy amine ratio in the recited range (para. 0018), and teaches the amine may be the cyclic amine (para. 0036). In particular, Desai teaches the recited range as a ratio of calculated by epoxy equivalent weight and amine hydrogen equivalent weight, and is therefore a molar ratio of epoxide groups to amine hydrogen. As such, the use of composition having the recited amount of cyclic diamine is an obvious modification suggested by Desai as suitable for forming adhesive.
Desai does not teach the deoxidizing composition, but does teach that the composition is suitable as a structural adhesive, for example, for wind turbine blades of metal including aluminum or steel (paras. 0015-0016).
Inbe teaches a conversion coating for aluminum or steel (para. 0101). Inbe teaches the composition includes titanium or zirconium (Group IVB metal), and an organosiloxane, which includes silicon, a Group IVA metal as acknowledged by applicant. Inbe teaches compositions containing the recited amounts of Zr, Si, and free fluorine (see Table 1). Inbe differs from the recited composition in that the exemplar compositions have a pH of 3.5, which is above the recited range. However, Inbe teaches that the pH of the surface treatment may range from 1.5 to 6.5, with preferable ranges of 2.5 to 4.5, which overlaps the recited range (para. 0092). Inbe teaches that the pH may be adjusted to obtain sufficient to obtain an appropriate conversion without excessive etching. While Inbe does not refer to the coating as a deoxidizing composition, the same formulation taught by Inbe is presumed to have the recited effect. Inbe teaches that the coating composition provides improved adhesiveness and corrosion resistance (para. 0035). Therefore, it would be an obvious modification to use a composition of Inbe, including in the recited pH, to prepare a metal substrate with corrosion resistance and adhesion.
As to claim 3, while not exemplified, Desai teaches that the core shell elastomer may be particles having styrene butadiene core (para. 0058), and is obvious as being suggested by Desai.
As to claims 6 and 8, Desai does not teach the recited deoxidizing composition components. While not exemplified, Inbe teaches that the composition may include oxidizing agents for promoting film formation, including H2WO4 and H2MoO4 (para. 0095), thus Group VIB metals, and therefore the addition of Group VIB metal is an obvious addition suggested by Inbe for promoting coating film formation. Note that the limitations of claim 8 are deemed to apply to the homopolymer or copolymer, which is an optional component under claim 6.
As to claim 12, Desai teaches that the rubber (elastomer) particles have core/shell structure (abstract).
As to claim 13, Desai teaches accelerator (Table 4).
As to claim 15, Desai teaches filler material in the recited amount (Table 4, example 2, teaching graphemic carbon in amounts calculated less than 25 wt %).
As to claim 17, while not exemplified, Desai teaches that epoxy adducts in the invention may be from diols formed by reaction of cyclic carbonates with diamines (para. 0025). Note that this limitation is construed to include prereacted product of cyclic carbonate compound with diamines (see applicant’s specification, para. 0160).
As to claim 19, Desai does not teach a cleaner composition, but teaches application on aluminum or metal substrate. Inbe teaches a metal conversion coating for metal surfaces such as steel or aluminum for improved corrosion resistance and adhesion, and teaches that the surface may be treated with a degreaser, thus a cleaner composition (para. 0125), and thus the inclusion of a cleaner in the system is an obvious modification taught by Inbe for pretreating a metal substrate.
Response to Arguments
Applicant's arguments filed 20 February 2026 have been fully considered but they are not persuasive.
Applicant’s evidence, as presented in the specification and first and second Kriley declarations, does not suggest unexpected results that would overcome a prima facie finding of obviousness. Applicant’s evidence suggests some better results for specific formulations having specific cyclic amines than some comparative amines. The evidence is not commensurate in scope with the claims; further, it does not demonstrate any advantages over the closest prior art, nor does it suggest any synergistic effect with the recited surface treatment. Applicant’s further argument that the recited ratio of epoxy and amine hydrogen refers only to the specific epoxies and amines recited, and not the overall ratio as taught by Desai is not persuasive, because the use of cyclic amines and as the whole amine component and bisphenol epoxy as the whole epoxy component is within the teaching of Desai.
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 KREGG T BROOKS whose telephone number is (313)446-4888. The examiner can normally be reached Monday to Friday 9 am to 5:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arrie Reuther can be reached at (571)270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KREGG T BROOKS/ Primary Examiner, Art Unit 1764