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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11 and 15 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.
Claim 11 depends from cancelled claim 10. The applicant’s intent with decreasing the scope of a claim is unclear because claim 11 depends from a cancelled claim.
Claim 15 recites the limitation “the mixture” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4, 11, 18-22, 25-29, 31, and 40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 10,882,944 to Haveman et al.
As to claims 1-4, 11, 18-22, 25-28, and 31, Haveman discloses a thixotropic composition comprising a compound represented by the following formula and an aprotic solvent:
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Wherein the compound comprises the reaction product of toluene diisocyanate and monohydroxyl compounds preferably polyethylene glycol monobutyl ether (hydrophilic) at a molar ratio of 1:1.05 to about 1:6 (5:1-18) to prepare a monoisocyanate reaction product that is reacted with xylylene diamine in the presence of solvent and surfactant (Examples, 11:1-36, Table 1). Haveman discloses wherein the composition contains small amounts (0.1 to about 1 wt%, 3:36-37), but preferably, no lithium salts from the viewpoint of improving the manufacturing process due to the corrosiveness associated with lithium (2:20-29). Haveman discloses a surfactant amount of 0.1 mols of surfactant calculated on the amine equivalent of diamine used (10:51-55).
As to claim 29, Haveman discloses a residual free isocyanate content of 0.1% (See Examples).
As to claim 40, Haveman discloses a binder (paint, lacquer, or coating composition) comprising the urea urethane composition (10:58-67).
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.
Claims 1-4, 6, 8, 11, 18-22, 25-29, 31-32, 36, and 40 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 10,377,906 to Leutfeld et al. in view U.S. Patent No. 10,882,944 to Haveman et al.
As to claims 1-4, 6, 8, 11-12, 15, 18-22, 25-28, 31, and 40, Leutfeld discloses a composition comprising 15 to 95% by weight of an amide compound, 5 to 75% by weight of a urea compound, 0 to 50% by weight of an ionogenic compound, preferably a lithium salt, and 0 to 35 wt% of a aprotic solvent (Abstract) wherein the urea compound comprises the reaction product of toluene diisocyanate and a monohydroxyl compounds, preferably polyethylene glycol monobutyl ether (hydrophilic) at a molar ratio of 1:1.05 to about 1:6 (See EP-1188779) to prepare a monoisocyanate reaction product that is reacted with xylylene diamine in the presence of solvent (Composition K6, Col. 21, ll. 51-67). The formula of the urea would be the same as taught in Havemen. Haveman discloses a thixotropic composition comprising a compound represented by the following formula and an aprotic solvent:
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Wherein the compound comprises the reaction product of toluene diisocyanate a monohydroxyl compounds at a molar ratio of 1:1.05 to about 1:6 (5:1-18) to prepare a monoisocyanate reaction product that is reacted with xylylene diamine in the presence of solvent and surfactant (Examples, 11:1-36, Table 1). Haveman discloses wherein the composition contains small amounts (0.1 to about 1 wt%, 3:36-37), but preferably, no lithium salts from the viewpoint of improving the manufacturing process due to the corrosiveness associated with lithium (2:20-29).
With regards to the content of lithium component, Leutfeld discloses a range of 0 to 50% by weight. It is well settled that where prior art describes components of a claimed compound or compositions in concentrations within or overlapping the claimed concentrations a prima facie case of obviousness is established. See MPEP 2144.05. It would therefore have been obvious that in this particular instance to less lithium salt that falls within the claimed range based on prior art presented that disclosed wherein reducing the content of lithium salt improves the manufacturing process due to the corrosiveness associated with lithium (Haveman, 2:20-29).
As to claims 12, 15, 32, and 36, Leutfeld refers to EP-1188779 (HAUBENNESTEL) that discloses the use of at least two or three different types of monohydroxyl alcohols when preparing the monoisocyanate adducts (See Abstract of cited reference). At the time of filing it would have been obvious to use different monohydroxyl alcohols within the composition of Leutfeld as taught in Haubennestel to prepare a composition having a defined structure, high storage stability and have a broad compatibility in binders typically not associated with urea urethanes prepared with only one type of monohydroxy component.
As to claim 29, Leutfeld in view of Haveman disclose a residual free isocyanate content of 0.1% (See Examples).
Allowable Subject Matter
Claim 7-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/MICHAEL L LEONARD/ Primary Examiner, Art Unit 1763