DETAILED ACTION
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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 October 24, 2025 has been entered.
Election/Restrictions
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. Claim 10, previously withdrawn from consideration as a result of a restriction requirement, includes all the limitations of an allowable claim. Pursuant to the procedures set forth in MPEP § 821.04(a), the restriction requirement as set forth in the Office action mailed on August 01, 2025 is hereby withdrawn and claim 10 is hereby rejoined and fully examined for patentability under 37 CFR 1.104. In view of the withdrawal of the restriction requirement, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Claim Rejections - 35 USC § 112
Claims 1-7, 10-12 and 15-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claims 1, 18 and 19, it is unclear how the (meth)acrylate (i) distinguishes over the reactive acid (iii). In this regard, the (meth)acrylate (i) [0019-0023] includes (meth)acrylic acid, which reads on a reactive acid, as well as any material having a (meth)acrylate group, which reads on a reactive acid ester such as the hydroxyl ethyl methacrylate phosphate ester reactive acid (iii) per claim 12. Notably, the reactive acid (iii) includes both acids and acid esters per specification [0032].
In claims 1, 18 and 19, inasmuch as the vinyl-terminated polybutadiene (iv) includes polymers having (meth)acrylate-termination per specification [0031], it is unclear how such distinguishes over the (meth) acrylate (i) which includes polymers (meth)acrylate-termination per specification [0021-0023].
In claims 1 (last line), 18 (last line) and 19 (line 27), it is unclear how the antecedently-recited amine (ii) is further limited by the structure having undefined R, X and z limitations
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In claim 12, it is unclear how the hydroxyl ethyl methacrylate phosphate ester distinguishes over the (meth)acrylate (i).
Response to Arguments
Applicant’s arguments and amendments filed October 24, 2025 have been fully considered and are persuasive. The 35 USC 103 rejections based on CN 10812993 (Chen) and US 2019/0023872 (Messana) have been withdrawn.
Applicants’ claims 1, 18 and 19 have been amended to recite that Part A of the composition now requires the further inclusion of components (iii) and (iv) and that when Part A and Part B are mixed together, the composition demonstrates at least 3 hours of open time and reaches its peak cure temperature in less than one hour. Chen was cited as disclosing a two part curable composition comprising:
(a) Part A containing
a methacrylic acid,
an acrylate monomer such as methacrylate and hydroxyethyl, methacrylate phosphate,
a plasticizer,
toughening agents such as vinyl-terminated nitrile rubber,
an amine reducing agent such as N,N-dimethyl p-toluidine,
a stabilizer, and
a surface finishing agent; and
Part B containing
an oxidant such as lauroyl peroxide,
an epoxy resin,
a plasticizer,
a filler, and
a pigment.
Messana, was cited as teaching that using the presently claimed amines over Chen’s amine reducing agents leads to improved adhesive properties. In the previous Office action, it was concluded that it would have been obvious to one having ordinary skill in the art to replace the toluidine cure accelerators disclosed by Chen with Messana’s amine functional alternative compounds for their expected improved performance. Neither reference, however, either alone or in combination, provides any guidance as to how to obtain a two part composition governed by the presently claimed curing features. Thus, Chen and Messana fail to teach all limitations of the claimed invention. An extensive prior art search has failed to reveal any additional references which would fairly teach, suggest or motivate one having ordinary skill in the art to arrive at the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ana L Woodward whose telephone number is (571)272-1082. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Kelley can be reached at 571-270-1831. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANA L. WOODWARD/Primary Examiner, Art Unit 1765