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
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1 and 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent pub. No. 2010/0203344 to Simons (Cited on IDS).
As to claims 1 and 3-4, Simons discloses a primary hydroxyl containing polyester polyol comprising the initial reaction between polypropylene glycol (MW=1025, corresponds to R2) and falls within the integer range for n of 5 to 500) and adipic acid (corresponds to R1) to prepare a carboxyl end capped reactant. The reactant is cooled and reacted with glycerol (See Examples, corresponds to R3 and R4). The difference between the claimed formula and that of formula I in Simons is the substituents of R5, R6, and R7. When the carboxyl end capped intermediate is reacted with glycerol R5 and R6 are hydroxy groups. However, Simons also teaches the reaction of the intermediate with trimethylolpropane or triethylolpropane as viable alternatives. Accordingly, a prima facie case of obviousness exists. The position is taken that it would have been obvious to utilize the non-preferred trimethylolpropane or triethylolpropane to cap the carboxyl functional intermediate of Simons to arrive at the presently claimed formula because the reactants are taught as suitable alternatives and would provide the final polyol with the desired primary hydroxyl functional groups that results in favorable performance of the polyol when used in a two component laminating adhesive (0005-0006).
Response to Arguments
Applicant's arguments filed 12/01/2025 have been fully considered but they are not persuasive.
The applicant argues that Simons fails to teach the claimed formula. This is not found persuasive because Simons within certain embodiments teaches the reaction of the carboxyl functional intermediate with suitable primary hydroxyl containing reactants other than the preferred glycerol (i.e. trimethylolpropane or triethylolpropane) which would result in the claimed formula specifically relating to substituents R5, R6, and R7.
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 MICHAEL L LEONARD whose telephone number is (571)270-7450. The examiner can normally be reached M - F 7:00-4:00.
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/MICHAEL L LEONARD/ Primary Examiner, Art Unit 1763
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