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 .
Rejections
Claim Rejections - 35 USC § 103
1. 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.
2. Claims 1-7 and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2018/140116 Wu et al. with US Pat. Application Publication No. 2023/0312806 Shi et al. being cited as evidence.
Shi, paragraph [0119], discloses Mor-Free 88-138 as being phosphate ester polyol.
Regarding claim 1:
Wu discloses a two-component, solventless polyurethane adhesive composition containing an isocyanate component and an isocyanate-reactive component containing an amine-initiated polyol containing two or more primary hydroxyl groups and a backbone incorporating tertiary amines, which falls within the scope of the instantly claimed component (Bi), a phosphate ester polyol, which falls within the scope of the instantly claimed component (Biii), and the further one or more non-amine-initiated polyols. See Wu, the abstract, page 1, lines 8-13, page 3, lines 24-25, page 4, lines 1-12, noting the aromatic polyisocyanate and combinations of the polyisocyanates which fall within the scope of the instantly claimed components (Ai) and (Aii). See Wu, page 4, lines 11-12, page 5, lines 12-25, page 6, lines 1-25, particularly noting the aromatic polyisocyanates of lines 13-14, 19-22, and 23-25, noting the preference for the MDI. See Wu, page 7, lines 10-22, particularly noting the use of the mixtures of different kinds of polyols and the polyester and polyether polyols of lines 14-22, particularly lines 17-18, noting the polyester polyols and polyether polyols. See Wu, page 9, lines 18-24, noting the phosphate ester polyols, which fall within the scope of the instantly claimed (Biii).
Wu, page 13, Table 1, Polyisocyanate A, is an MDI polyester prepolymer which is an aromatic polyisocyanate of the instant claims. See also Wu, page 14, Table 2, noting the exemplified use of Polyisocyanate A therein including with CR2D, which gives the instantly claimed composition except for the polyether and polyester polyols.
Wu, page 14, lines 7-9 discloses an OH-terminated polyether-based polyurethane, which falls within the scope of the instantly claimed component (Bii). The OH-terminated polyether-based polyurethane is blended with Specflex Active 2306 and Mor-Free 88-138. See Wu, page 14, lines 9-11. The Specflex Active 2306 is amine-initiated polyol according to Table 1 of page 13, which falls within the scope of the instantly claimed component (Bi). The Mor-Free 88-138 is hydroxyl terminated phosphate ester polyol according to Wu, Table 1 of page 13 and Shi, paragraph [0119], which falls within the scope of the instantly claimed component (Biii). Table 3 of page 14 of Wu exemplifies the combination of the instantly claimed components (Bi), (Bii), and (Biii).
Wu does not describe the instantly claimed inventions with sufficient specificity to anticipate them but does encompass the instantly claimed inventions in their disclosure discussed above.
It would have been obvious to one of ordinary skill in the art prior to the instantly claimed invention to make the instantly claimed two-component solventless adhesive composition from the disclosure of Wu because the disclosure of Wu encompasses the instantly claimed combinations of ingredients, as discussed above, the disclosure of Wu exemplifies two-component, solventless polyurethane adhesive composition containing the instantly claimed ingredients except the instantly claimed components (Biv) and (Bv), the disclosure of Wu teaches that the instantly claimed two-component, solventless polyurethane adhesive compositions may contain additional polyols including polyether polyols, polyester polyols, and mixtures thereof at Wu, page 7, lines 10-22, particularly lines 16-18 and 20-22, noting the polyester polyols, polyether polyol, and mixtures of different polyols which encompasses using polyether polyol and polyester polyol with the exemplified polyol mixtures of Wu, and such a mixture of polyols in the two-component solventless adhesive compositions of Wu would have been expected to give an adhesive having the properties of the exemplified compositions of Wu containing the instantly claimed components (Bi), (Bii), and (Biii) coupled with the properties that polyether polyol and polyester polyol give to such adhesives, noting Wu, page 2, lines 19-24.
Regarding claim 2:
Wu, page 14, Tables 2 and 3, particularly noting the composition labeled “IE1”, discloses a polyol mixture “CR2D” that contributes 34.89 wt% of the polyurethane polyol, 7.17 wt% of the Specflex Activ 2306, and 5.77 wt% of the Mor-Free 88-138, which falls within the scope of the amounts of the instantly claimed components (Bi), (Bii), and (Biii).
Wu does not disclose the instantly claimed amounts of the instantly claimed components (Biv) and (Bv).
It would have been obvious to one of ordinary skill in the art prior to the instantly claimed invention to make the instantly claimed two-component solventless adhesive composition of Wu which contains the ingredient amounts of the instant claim 2 from the disclosure of Wu because Wu exemplifies amounts of the instantly claimed components (Bi), (Bii), and (Biii), Wu discloses adding combinations of polyols, including polyether polyol and polyester polyol, in unlimited amounts which encompasses the amounts of components (Biv) and (Bv) of the instant claim 2, and using relatively small amounts of components (Biv) and (Bv) of the instant claim 2 would have maintained approximately the amounts of the instantly claimed components (Bi), (Bii), and (Biii) of Wu’s Table 3 while adding a small amount of the properties each of polyester polyol and polyether polyol contribute to such adhesives, noting Wu, page 2, lines 19-24.
Regarding claim 3:
Wu, page 5, lines 14-20 describes using combinations of two or more of the isocyanates therein which encompasses the instant claim 3.
It would have been obvious to one of ordinary skill in the art prior to the instantly claimed invention to make the instantly claimed two-component solventless adhesive composition of Wu, which are discussed above, using the combinations of two or more of the isocyanates of Wu, page 5, lines 14-20 because such polyisocyanates are encompassed by Wu and would have been expected to give adhesive compositions having the properties disclosed throughout Wu.
Regarding claims 4 and 5:
Wu discloses the amine-initiated polyols of the instant claims 4 and 5 at page 7, line 23 to page 8, line 18, particularly noting lines 4 and 17-18. The exemplified Specflex Activ 2306 of Tables 1 and 3 also falls within the scope of the amine-initiated polyols of the instant claims 4 and 5.
Regarding claim 6:
Wu exemplifies the polyurethane polyol of the instant claim 6 at page 14, lines 5-9.
Regarding claim 7:
The Mor-Free 88-138 of Wu appears to fall within the scope of the instant claim 7 from the description thereof of Shi, paragraph [0119] and Shi’s claims 2 and 3.
Regarding claim 10:
The adhesive of Wu will necessarily have the bond strength of the broad range of the instant claim 10 when bonded to some substrate, particularly a substrate having groups that can react with the isocyanate groups of Wu’s adhesives and form many covalent bonds therewith which necessarily increase adhesion strength. See MPEP 2112.
Wu also exemplifies adhesion strengths within the scope of the instant claim 10 at page 19, Table 8, Adhesive E1.
Regarding claim 11:
Wu does not disclose their adhesives as having any primary aromatic amine which falls within the scope of the instant claim 11 necessarily and inherently. See MPEP 2112.
Regarding claim 12:
The laminates of Wu, pages 18-19, particularly using adhesive E1 of Tables 7 and 8, give the laminate structure of the instant claim 12.
Regarding claim 13:
The method of making the laminates of Wu necessarily requires providing the substrates and components of the adhesive. Wu’s abstract and page 11, lines 1-25 and page 12, lines 1-16 discloses the method steps (IV)-(VII) of the instant claim 13.
Regarding claim 14:
Wu, page 2, lines 6-9, particularly line 8, discloses applying the type of adhesives of Wu at high line speeds but does not specify the running line speed.
It would have been obvious to one of ordinary skill in the art prior to the instantly claimed invention to make the laminates of Wu using the above discussed adhesive compositions of Wu at the running line speeds of the instant claim 14 because Wu teaches that their solventless adhesive compositions can be run at high line speeds and the instantly claimed line speeds are encompassed by “high line speeds” and would give only predictable results such as predictable time to make a given length of laminate.
3. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2018/140116 Wu et al. with US Pat. Application Publication No. 2023/0312806 Shi et al. being cited as evidence, as applied to claims 1-7 and 9-14 in paragraph 2 above, in view of WO 2007/138096 Pfeiffer et al.
The entirety of the discussion of paragraph 2 above is repeated here.
Wu does not disclose the polyester polyol of the instant claim 8 but discloses polyesters polyols without limits. Wu therefore encompasses the polyester polyols of the instant claim 8.
Pfeiffer, page 4, lines 1-19, discloses polyester polyols, including those of the instant claim 8, for use in solvent-free adhesives which contain polyols and polyisocyanates.
It would have been obvious to one of ordinary skill in the art prior to the instantly claimed invention to make the instantly claimed two-component solventless adhesive composition of Wu, which are discussed above, using the polyester polyols of the instant claim 8 because they are encompassed by the general recitation of “polyester polyol” of Wu and they would have been expected to contribute the same properties they contribute to the adhesives of Pfeiffer to the compositions of Wu.
4. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2018/140116 Wu et al. with US Pat. Application Publication No. 2023/0312806 Shi et al. being cited as evidence, as applied to claims 1-7 and 9-14 in paragraph 2 above, in view of US Pat. Application Publication No. 2010/0330238 Wintermantel et al.
The entirety of the discussion of paragraph 2 above is repeated here.
Wu does not disclose the adhesion promoters of the instant claim 9 but discloses the use of adhesion promoters without limits. Wu therefore encompasses the adhesion promoters of the instant claim 9.
Wintermantel discloses the use of amino silane adhesion promoters of the instant claim 9 for use in polyisocyanate based adhesives at paragraphs [0001] and [0044].
It would have been obvious to one of ordinary skill in the art prior to the instantly claimed invention to make the instantly claimed two-component solventless adhesive composition of Wu, which are discussed above, using the amino silane adhesion promoters of the instant claim 9 because they are encompassed by the general recitation of “adhesion promoter” and “silane coupling agent” of Wu’s claim 19 and they would have been expected to contribute the same properties they contribute to the adhesives of Wintermantel to the compositions of Wu, including reaction of their amine groups to the isocyanate groups of Wu’s polyisocyanates and covalent bonding of the alkoxy groups to substrates containing groups capable of reacting with hydrolyzed alkoxysilane groups.
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK D NILAND whose telephone number is (571)272-1121. The examiner can normally be reached on Monday to Friday from 10 to 5.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert S Jones, can be reached at telephone number 571-270-7733. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK D NILAND/Primary Examiner, Art Unit 1762