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 .
Response to Amendment
The previous rejection of Claim(s) 1, 3-5, 8, and 9, under 35 U.S.C. 102(a)(1) as being anticipated by WO 2019/123934 A1 to Miyatake et al. (hereinafter Miyatake) is/are withdrawn in light of the Applicant’s amendments.
The previous rejection of Claim(s) 2 and 6 under 35 U.S.C. 103 as being unpatentable over WO 2019/123934 A1 to Miyatake et al. (hereinafter Miyatake), as applied to claim 1 above, and further in view of JP 2002-309077 A to Ando et al. (hereinafter Ando) is/are withdrawn in light of the Applicant’s amendments.
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.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2002-309077 A to Ando et al. (hereinafter Ando) and further in view of US 2011/0054074 A1 to Jonschker et al. (hereinafter Jonschker).
Regarding claims 1-9, Ando teaches a 2-pack curable composition comprising agent A and agent B, wherein agent A contains (A) a reactive silicon group-containing polyoxypropylene polymer, (B) a copolymer with one or more meth(acrylic) units having a silicon-containing group capable of crosslinking (para 13 and Example 2, para 78-79), (C) a hardener for an epoxy resin, (2,4,6-tris(dimethylaminomethylphenol (TAP), and (D) silane coupling agent (aminoethyl-aminopropyltrimethoxysilane), and agent B contains (E) an epoxy resin (bisphenol A epoxy resin), (F) a condensing catalyst (dibutyltin dilaurate) and (G) water (See abstract, para 7-16 and Table 1, para 84).
PNG
media_image1.png
347
745
media_image1.png
Greyscale
. The above agent B meets the claimed agent A containing the epoxy resin, water and the catalyst, and the above agent A meets the claimed agent B containing the polymer having crosslinkable silicon group, the epoxy curing agent, and (meth)acrylic polymer. Ando further teaches that the two part composition with agent B containing the epoxy resin with the condensation catalyst and water and agent A containing the reactive silicon group-containing polyoxyalkylene polymer will have good storage as well as good internal curability with no decrease in curability during storage (para 6-7 and para 86). Ando also teaches that the (B) a copolymer with one or more meth(acrylic) units having a silicon-containing group capable of crosslinking is added from the viewpoint of achieving the final adhesives strength and force (para 50 and 60), and is used in a component (A) and (B) ratio of 99/1-10/90 (para 61). Ando further teaches that fillers and thixotropic agents may be added to the composition. (para 75). The above agent A and B are mixed and applied to cured (para 80-82) at room temperature or by heating, and used as an adhesive. (para 77).
Ando does not explicitly teach a core-shell rubber particle.
However, Jonschker teaches an adhesive comprising a matrix material and core/shell particles (See abstract), wherein the adhesive may be a two-component adhesive comprising component A containing epoxides and component B containing curing agents for the epoxides, and the core/shell particles are preferably in either component A or component B (para 50), which is the field of use of two-component adhesive compositions of the Applicant’s invention. Jonschker further teaches that the core/shell particles reduce shrinkage, improve fracture toughness, improve reinforcement, increase Tg, improve bonding, and improve chemical resistance. (para 23-34).
It would have been obvious to one ordinarily skilled in the art before the effective date of the claimed invention to include the core/shell particles of Jonschker in component A or B of Ando because Jonschker teaches the same field of use of two-component adhesive compositions of the Applicant’s invention and further teaches that the core/shell particles reduce shrinkage, improve fracture toughness, improve reinforcement, increase Tg, improve bonding, and improve chemical resistance. (para 23-34).
Regarding the claimed properties of breaking strength, elongation at break, and storage modulus cited in claim 3, one skilled in the art would have a reasonable expectation for the epoxy resin composition of Ando and Jonschker to have the claimed properties of the claimed invention because the combination of Ando and Jonschker teaches a substantially identical composition to the claimed invention such as the same bisphenol A epoxy resin, trimethoxy-silyl-terminated polypropylene oxide, curing agent and catalyst, and core-shell rubber particle cited in the Applicant’s examples and the Applicant further teaches that it is the combination of the epoxy resin, polymer containing crosslinkable silicon group, and the core-shell rubber particle that gives the claimed properties. (See Applicant’s examples and Table). See MPEP 2112.01. (Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)).
Claim(s) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 109880569 A to Sun et al. (hereinafter Sun), and further in view of US 2011/0054074 A1 to Jonschker et al. (hereinafter Jonschker).
Regarding claims 1-9, Sun teaches a two component sealant comprising component A and component B, wherein component A contains 100 parts of a hydrolysable (i.e. crosslinkable) silane modified polyether polymer (MS polymer), 1-20 parts of an epoxy curing agent, 0-90 parts of a filler, and 1-4 parts of a silane coupling agent, and component B contains 30-80 parts of an epoxy resin, 0.2-3 parts of a MS catalyst, 0-50 parts of a filler, and 0.1-2 parts of a co-catalyst (page 1-2), wherein the co-catalyst is deionized water. (page 2 and See Examples), and the above components of component B are combined and mixed together. (page 3). The MS polymer is preferably a silane-modified polyether polymer S303H, the epoxy resin is epoxy 828, the epoxy curing agent is 2,4,6-tris(dimethylaminomethyl)phenol, the MS catalyst is a dibutyltin catalyst (U-220H), and water co-catalyst, (See examples). Sun further teaches that by storing the above silane-modified polyether polymer separately from the epoxy resin, the sealant’s storage stability performance is enhanced, and by adding the epoxy curing agent with the silane-modified polyether polymer and the MS catalyst with the epoxy resin, the two components only cure upon mixing and further enhances the sealants long term storage stability. (page 2).
Sun does not explicitly teach the core-shell rubber particle.
However, Jonschker teaches an adhesive comprising a matrix material and core/shell particles (See abstract), wherein the adhesive may be a two-component adhesive comprising component A containing epoxides and component B containing curing agents for the epoxides, and the core/shell particles are preferably in either component A or component B (para 50), which is the field of use of two-component adhesive compositions of the Applicant’s invention. Jonschker further teaches that the core/shell particles reduce shrinkage, improve fracture toughness, improve reinforcement, increase Tg, improve bonding, and improve chemical resistance. (para 23-34).
It would have been obvious to one ordinarily skilled in the art before the effective date of the claimed invention to include the core/shell particles of Jonschker in component A or B of Sun because Jonschker teaches the same field of use of two-component adhesive compositions of the Applicant’s invention and further teaches that the core/shell particles reduce shrinkage, improve fracture toughness, improve reinforcement, increase Tg, improve bonding, and improve chemical resistance. (para 23-34).
Regarding the claimed properties of breaking strength, elongation at break, and storage modulus cited in claim 3, one skilled in the art would have a reasonable expectation for the epoxy resin composition of Sun and Jonschker to have the claimed properties of the claimed invention because the combination of Sun and Jonschker teaches a substantially identical composition to the claimed invention such as the same bisphenol A epoxy resin, trimethoxy-silyl-terminated polyether, curing agent and catalyst, and core-shell rubber particle cited in the Applicant’s examples and the Applicant further teaches that it is the combination of the epoxy resin, polymer containing crosslinkable silicon group, and the core-shell rubber particle that gives the claimed properties. (See Applicant’s examples and Table). See MPEP 2112.01. (Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 HA S NGUYEN whose telephone number is (571)270-7395. The examiner can normally be reached Mon-Fri, Flex schedule 7:30am-4:00pm.
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, Randy Gulakowski can be reached at (571)272-1302. 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.
/HA S NGUYEN/Primary Examiner, Art Unit 1766