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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/2/2026 has been entered.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings filed 6/24/2022 are accepted.
Claim Rejections - 35 USC § 103
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) 1-6, 8-10, and 12-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akiyama et al (US 2014/147599) in view of JP 2019-85408 (herein referred to as “Okumura”) and Hefner et al (US 4,983,692).
Akiyama teaches a release-lined sealant sheet comprising a photo-curable sealant sheet (abstract), and a release liner placed on at least one face of the sealant sheet (abstract), wherein
the release liner is a light transmitting release liner (0031) which has a light transmittance of 50 % or higher in the-a wavelength range from 320nm-400nm (0054).
Akiyama teaches the light transmitting release liner (0031) has a light transmittance of 50 % or higher in the-a wavelength range from 320nm-400nm (0054) but does not explicitly teach the claimed “20% or more transparency in the range of 350 nm to 450 nm.” Similarly, with regards to claim 2, Akiyama does not teach the release liner has a light transmittance of 80 % or lower in the wavelength range from 350 nm to 450 nm. (0065 and 0066). However, Akiyama teaches that the wavelengths at which the release liner is transparent and non-transparent may be selected in order to optimize the properties of the resulting sealant composition. Thus, it would have been obvious to one of ordinary skill in the art at the time the invention was made to optimize the transparency of the release liner disclosed in Akiyama with regards to the degree of total transparency and the transparency at particular wavelengths. The motivation for doing so would have been that Akiyama teaches the transparency of the release liner may be selected based upon the sealant composition used and the desired properties of said composition.
Akiyama does not teach the sealant sheet is formed of a polysulfide-based sealant. However, Okumura teaches a photocurable sealant (abstract) composition comprising (a) an epoxy, (b) a thiol as a curing agent (see description of “First resin composition”) wherein the epoxy may have two or more epoxy groups per molecule (see examples of epoxy resins). Said composition may further comprise a biguanidic cation photobase generator (see list of onium salts) (see all). It would have been obvious to one of ordinary skill in the art at the time the invention was made to utilize the sealant composition of Okumura as the sealant composition disclosed in Akiyama. The motivation for doing so would have been said sealant is a photocurable sealant and is known to exhibit excellent hydrolysis resistance.
Okumura does not teach that the thiol compounds is contained in an amount of 0.05-10pbw relative to 100 parts by weight of the epoxy resin. However, Okumura teaches the thiol is a curing agent and that the equivalent ratio of the number of thiol groups to the number of epoxy groups should be present in amounts of 0.1-10.0. Thus, it would have been obvious to one of ordinary skill in the art at the time the invention was made to optimize the amount of thiol compound (C) added to the epoxy composition in order to control the cure characteristics of the sealant composition.
Akiyama in view of Okumura is relied upon as above. Specifically, Okumura teaches that the epoxy compound may comprise any epoxy compound, but does not teach the epoxy compound should be an epoxy group containing polysulfide polymer. However, Hefner teaches an epoxy group containing polysulfide (see all) and teaches aid resin enhances mechanical strength and corrosion resistance of compositions (col 1, lines 63+). Thus, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to utilize the epoxy group containing polysulfide as the epoxy resin disclosed in Okumura. The motivation for doing so would have been said epoxy group containing polysulfides are taught Hefner to exhibit enhanced mechanical strength and corrosion resistance.
With regards to claim 3, neither reference teaches the sealant sheet has a storage modulus of 0.005 MPa or greater and 0.8 MPa or less at 25 °C. However, Okumura teaches the storage modulus of the sealant composition disclosed therein is a result effective variable that can be selected based upon the desired impact resistance of the sealant composition. Thus, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to optimize the storage modulus of the composition disclose din Okumura in order to obtain the desired impact resistance.
With regards to claim 4, the resulting sealant sheet rendered obvious by the prior art is understood to be a “polysulfide-based sealant” since it comprises polysulfide based epoxy component.
With regards to claims 5 and 6, Okumura teaches said composition may further comprise a biguanidic cation photobase generator (see list of onium salts) (see all).
With regards to claims 9 and 10, Akiyama teaches a method comprising a step of obtaining a release-lined sealant sheet including a photo-curable sealant sheet and a release liner placed on at least one face of the sealant sheet; and a step of subjecting the sealant sheet to photoirradiation through the release liner. Furthermore, Akiyama renders obvious the use of a release liner which has a light transmittance (a) of 20 % or higher in the wavelength range from 350 nm to 450 nm or (b) a light transmittance of 20 % to 80 % in the wavelength range from 350 nm to 450 nm for the reasons noted above.
With regards to claim 12, Hefner teaches the epoxy group-containing polysulfide polymer (AB) is an epoxy-bi-terminated polysulfide.” (col 6, lines 41+).
With regards to claim 13, the examiner takes the position the thiol compound (C) disclosed in Okumura has a thiol equivalence of 45 g/eq or higher and 450 g/eq or lower (see examples/chemical formulas disclosed in Okumura).
With regards to claim 14, the examiner takes the position that the limitations of claim 14 are method limitations which do not inherently result in a materially different product. The courts have held the method of making a product does not patentably distinguish a claimed product from a product taught in the prior art unless the method of making a product inherently results in a materially different product. In the present application, no such showing has been made. Alternatively, the examiner takes the position the epoxy group containing polysulfide resin of Hefner read on the claimed polymer (AB).
With regards to claim 15, Hefner teaches n the epoxy compound a comprise a bifunctional epoxy compound (see column 6).
With regards to claim 16, Hefner teaches the bifunctional epoxy compound may be comprise cycloaliphatic mercaptans (col 9, lines 43+) which read on the claimed “an epoxy compound having a five-membered or larger carbon ring structure in its molecule.”
With regards to claim 17, Hefner teaches the epoxy compound may comprise a trifunctional or higher polyfunctional epoxy compound (column 7, lines 18+).
With regards to claim 18, Okumura teaches the epoxy compound may comprise a novolac epoxy resin as the polyfunctional epoxy compound (page 7 of the translation).
Response to Arguments
Applicant's arguments filed 2/2/2026 have been fully considered but are moot in view of the new grounds of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN R KRUER whose telephone number is (571)272-1510. The examiner can normally be reached M-F 8am-5pm.
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, Callie Shosho can be reached on (571) 272-1123. 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.
/KEVIN R KRUER/Primary Examiner, Art Unit 1787