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 .
Election/Restrictions
REQUIREMENT FOR UNITY OF INVENTION
As provided in 37 CFR 1.475(a), a national stage application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept (“requirement of unity of invention”). Where a group of inventions is claimed in a national stage application, the requirement of unity of invention shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features. The expression “special technical features” shall mean those technical features that define a contribution which each of the claimed inventions, considered as a whole, makes over the prior art.
The determination whether a group of inventions is so linked as to form a single general inventive concept shall be made without regard to whether the inventions are claimed in separate claims or as alternatives within a single claim. See 37 CFR 1.475(e).
When Claims Are Directed to Multiple Categories of Inventions:
As provided in 37 CFR 1.475 (b), a national stage application containing claims to different categories of invention will be considered to have unity of invention if the claims are drawn only to one of the following combinations of categories:
(1) A product and a process specially adapted for the manufacture of said product; or
(2) A product and a process of use of said product; or
(3) A product, a process specially adapted for the manufacture of the said product, and a use of the said product; or
(4) A process and an apparatus or means specifically designed for carrying out the said process; or
(5) A product, a process specially adapted for the manufacture of the said product, and an apparatus or means specifically designed for carrying out the said process.
Otherwise, unity of invention might not be present. See 37 CFR 1.475 (c).
Restriction is required under 35 U.S.C. 121 and 372.
This application contains the following inventions or groups of inventions which are not so linked as to form a single general inventive concept under PCT Rule 13.1.
In accordance with 37 CFR 1.499, applicant is required, in reply to this action, to elect a single invention to which the claims must be restricted.
Group I, claim(s) 1-9, drawn to a curable composition comprising a colorant, wherein a cured composition that is the reaction product of the curable composition exhibits an overlap shear value on etched aluminum of at least 30 MPa.
Group II, claim(s) 10-18, drawn to a curable composition, wherein a cured product that is the reaction product of the curable composition upon exposure to an acid bath in accordance with the Acid Bath Test Method, exhibits a ΔE 94 color change of less than 1.
Group III, claim(s) 19 and 20, drawn to an article comprising a cured composition, wherein the cured composition is the reaction product of the curable composition according to claim 1.
The groups of inventions listed above do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the following reasons:
Groups I-III lack unity of invention because even though the inventions of these groups require the technical feature of a curable composition comprising a non-aromatic epoxy resin and a non-aromatic curing agent, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Bieber et al. (EP 2468792 A1, cited in IDS, made of record 05/24/2023). Bieber teaches an adhesive prepared by mixing an A part and a B part [0146], wherein the B part comprises Cardura E10P ([0147], Table 3, Example E1) that is glycidyl ester of Versatic acid 10 ([0134], Table 2), and Epodil 757 ([0147], Table 3, Example E1) that is glycidyl ether of cyclohexane dimethanol ([0134], Table 2), and the A part comprises EDR176 ([0147], Table 3, Example E1) that is 3,3’-ethylenedioxybis(propylamine) ([0134], Table 2), Eponex 150 ([0147], Table 3, Example E1) that is hydrogenated bisphenol A diglycidylether ([0134], Table 2), and F713 ([0147], Table 3, Example E1) that is liquid polyTHF diglycidyl ether ([0134], Table 2), wherein the adhesive shows very high adhesive strength [0149, wherein the adhesive is curable [0010], which reads on a curable composition comprising a non-aromatic epoxy resin and a non-aromatic curing agent.
During a telephone conversation with Jeffrey M. Olofson on 09/30/2025 a provisional election was made with traverse to prosecute the invention of Group I, claims 1-9. Affirmation of this election must be made by applicant in replying to this Office action. Claims 10-20 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
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 6 and 8 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 6 recites the limitation "the anhydride-based curing agent" in line 2. There is insufficient antecedent basis for this limitation in the claim because claims 1 and 6 do not recite “an anhydride-based curing agent”. Since claim 1 recites the limitation “a non-aromatic curing agent” in line 3, for further examination of the claims, this limitation is interpreted as “the non-aromatic curing agent comprises an anhydride-based curing agent”.
Claim 8 recites the limitation “the curable compositions” in line 2. There is insufficient antecedent basis for this limitation in the claim because claim 1 recites the limitation “A curable composition” in line 1, “the curable composition” in line 5, and “The curable composition of claim 1” in line 1, but claims 1 and 8 do not recites “curable compositions”. “Curable composition” reads on one composition, and “curable compositions” reads on two or more curable compositions. For further examination of the claims, this limitation is interpreted as “the curable composition”.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-3 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bieber et al. (EP 2468792 A1, cited in IDS, made of record 05/24/2023).
Regarding claim 1, Bieber teaches an adhesive composition [0147] that is prepared by mixing A and B parts at a 1:4 volume ratio [0146], wherein the B-part comprises Eponex 1510, Cardura E10P, and Yellow pigment, and the A-part comprises EDR176, Eponex 1510, F713, and Blue pigment ([0147], Table 3, Example E3), wherein the Eponex 1510 is hydrogenated bisphenol A, the Cardura E10P is glycidyl ester of VersaticTM acid 10, the EDR176 is Jeffamine EDR 176 that is 3,3’-ethylenedioxybis(propylamine), the Eponex 1510 is hydrogenated bisphenol A diglycidylether, and the F713 is Grilonit F713 that is liquid polyTHF diglycidyl ether ([0134], Table 2), wherein the adhesive composition is curable [0010], which reads on a curable composition comprising a non-aromatic epoxy resin, a non-aromatic curing agent, and a colorant as claimed.
The Office recognizes that all of the claimed physical properties are not positively taught by Bieber, namely that a cured composition that is the reaction product of the curable composition exhibits an overlap shear value on etched aluminum of at least 30 MPa. However, Bieber teaches all of the claimed ingredients, amounts, process steps, and process conditions of the curable composition as explained above. Also, Bieber teaches that the adhesive composition has OLS of 31.1±0.8 MPa ([0148], Table 4, Example E3), wherein the OLS is overlap sheer strength of the adhesive composition on non-treated steel strips after the adhesive composition has been allowed to cure [0135, 0136]. Furthermore, the specification of the instant application recites that the cured compositions may have an overlap shear value on an etched aluminum substrate of at least 25 MPa, at least 30 MPa, or at least 35 MPa (p. 7, l. 8-10). Therefore, the claimed physical properties would naturally arise from the curable composition of Bieber. When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent (MPEP 2112.01(I)). If the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present (MPEP 2112.01(II)). If it is the applicant’s position that this would not be the case: (1) evidence would need to be presented to support the applicant’s position; and (2) it would be the Office’s position that the application contains inadequate disclosure that there is no teaching as to how to obtain the claimed properties with only the claimed ingredients, amounts, process steps, and process conditions.
Regarding claim 2, the Office recognizes that all of the claimed physical properties are not positively taught by Bieber, namely that the cured composition has a notched izod toughness value of at least 30 J/m. However, Bieber teaches all of the claimed ingredients, amounts, process steps, and process conditions of the curable composition of claim 1 as explained above. Furthermore, the specification of the instant application recites that the cured compositions may have a notched izod toughness value of at least 20 J/m, at least 30 J/m, or at least 40 J/m (p. 7, l. 11-12). Therefore, the claimed physical properties would naturally arise from the curable composition of Bieber. When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent (MPEP 2112.01(I)). If the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present (MPEP 2112.01(II)). If it is the applicant’s position that this would not be the case: (1) evidence would need to be presented to support the applicant’s position; and (2) it would be the Office’s position that the application contains inadequate disclosure that there is no teaching as to how to obtain the claimed properties with only the claimed ingredients, amounts, process steps, and process conditions.
Regarding claim 3, Bieber teaches that the A-part comprises Ancamine K54 ([0147], Table 3, Example E3), wherein the Ancamine K 54 is tris-(dimethylaminomethyl)-phenol that is an accelerator and catalyst ([0134], Table 2), which is a phenol with tertiary amino groups [0058], which reads on the curable composition of claim 1 further comprising an accelerator comprising a tertiary amine as claimed.
Regarding claim 9, Bieber teaches that the B-part comprises MX257 and K-Flex ([0147], Table 3, Example E3), that the MX257 is Kane Ace MX 257 that is a masterbatch of core shell particles, 37%, in a standard DGEBA resin, that the core is made of a neat polybutadiene polymer, that the shell is made of PMMA, that the K-Flex is K-Flex XM B301 that is acetoacetoxy-functionalized low MW polyester ([0134], Table 2), and that the acetoacetoxy-functionalized low MW polyester is a reactive liquid modifier that can further enhance the impact resistance [0061], which reads on the curable composition of claim 1 further comprising a toughening agent as claimed.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Bieber et al. (EP 2468792 A1, cited in IDS, made of record 05/24/2023) as applied to claim 1, and further in view of Elgimiabi et al. (EP 2700683 A1).
Regarding claims 4 and 6, Bieber teaches the curable composition of claim 1 as explained above. Bieber teaches that the A-part comprises EDR176 ([0147], Table 3, Example E3), wherein the EDR176 is Jeffamine EDR 176 that is 3,3’-ethylenedioxybis(propylamine) ([0134], Table 2), that the JEFFAMINE is an amine curing agent [0055], that the curing agent can preferably be a mixture of materials [0057], that the further curing agents may comprise other curing agents typically considered to be secondary curatives [0058], and that the optional secondary curative can be present in the first part of the curable adhesive composition with the epoxy resin and the reactive liquid modifier or in the second part of the curable adhesive composition with the curing agent [0060].
Bieber does not teaches that the curing agent comprises an anhydride-based curing agent and that the anhydride-based curing agent comprises an aliphatic or cycloaliphatic moiety. However, Elgimiabi teaches 3-methyltetrahydroxyphthalic acid anhydride or 3-methyltetrahdroxyphthalic acid anhydride that is an epoxy curing agent that is conventionally used for curing epoxy resin compositions and forming crosslinked polymer networks [0029], that the epoxy curing agent is present in a thermosettable composition that is present in a structural adhesive film [0006], that the thermosettable composition further comprises an epoxy compound [0006], and that the epoxy compound is optionally a polyglycidyl ethers of aliphatic or cycloaliphatic hydroxyl compounds [0019]. Bieber and Elgimiabi are analogous art because both references are in the same field of endeavor of a curable composition comprising a non-aromatic epoxy resin and a non-aromatic curing agent. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Elgimiabi’s 3-methyltetrahydroxyphthalic acid anhydride or 3-methyltetrahdroxyphthalic acid anhydride to substitute for a fraction of Bieber’s EDR176 in Bieber’s adhesive composition. The proposed modification would read on the curing agent comprises an anhydride-based curing agent as claimed and that the anhydride-based curing agent comprises an aliphatic or cycloaliphatic moiety as claimed. One of ordinary skill in the art would have been motivated to do so because Elgimiabi teaches that the 3-methyltetrahydroxyphthalic acid anhydride or 3-methyltetrahdroxyphthalic acid anhydride is beneficial for being an epoxy curing agent that is conventionally used for curing epoxy resin compositions and forming crosslinked polymer networks [0029], that the epoxy curing agent is beneficial for being useful in a thermosettable composition that is present in a structural adhesive film [0006], that the thermosettable composition further comprises an epoxy compound [0006], and that the epoxy compound is optionally a polyglycidyl ethers of aliphatic or cycloaliphatic hydroxyl compounds [0019], and because Elgimiabi’s 3-methyltetrahydroxyphthalic acid anhydride or 3-methyltetrahdroxyphthalic acid anhydride would have been beneficial for modifying curing properties of Bieber’s adhesive composition because Bieber teaches that the adhesive composition [0147] is prepared by mixing A and B parts at a 1:4 volume ratio [0146], that the A-part comprises EDR176 ([0147], Table 3, Example E3), that the EDR176 is Jeffamine EDR 176 that is 3,3’-ethylenedioxybis(propylamine) ([0134], Table 2), that the JEFFAMINE is an amine curing agent [0055], that the curing agent can preferably be a mixture of materials [0057], that the further curing agents may comprise other curing agents typically considered to be secondary curatives [0058], and that the optional secondary curative can be present in the first part of the curable adhesive composition with the epoxy resin and the reactive liquid modifier or in the second part of the curable adhesive composition with the curing agent [0060].
Regarding claim 5, Bieber the curable composition of claim 1 as explained above. Bieber teaches that the adhesive composition [0147] is prepared by mixing A and B parts at a 1:4 volume ratio [0146], wherein the B-part comprises 27.43 parts by weight of MX257, 22.35 parts by weight of Epon 828, 8.13 parts by weight of Eponex 1510, 9.14 parts by weight of DEN 431, 2.54 parts by weight of Cardura E10P, and 2.54 parts by weight of K-Flex, and the A-part comprises 7.63 parts by weight of EDR176, 3.47 parts by weight of Eponex 1510, 4.86 parts by weight of F713, and 1.76 parts by weight of Ancamine K54 ([0147], Table 3, Example E3), wherein the MX257 is a masterbatch of core shell particles, 37 %, in a standard DGEBA resin that is Epon 828 or equivalent, the Epon 828 is standard DGEBA-epoxy resin, the Eponex 1510 is hydrogenated bisphenol A, the DEN 431 is epoxy novolac, the Cardura E10P is glycidyl ester of VersaticTM acid 10, the K-Flex is K-Flex XM B301 that is acetoacetoxy-functionalized low MW polyester, the EDR176 is Jeffamine EDR 176 that is 3,3’-ethylenedioxybis(propylamine), the F713 is Grilonit F713 that is liquid polyTHF diglycidyl ether, the Ancamine K54 is tris-(dimethylaminomehyl)-phenol that is an accelerator and catalyst ([0134], Table 2), and the JEFFAMINE is an amine curing agent [0055], which reads on the wherein the curable composition comprises XX parts by weight of curing agent per 100 parts total weight of reactive components. The parts by weight of curing agent per 100 parts total weight of reactive components is based on the calculation 7.63 / (4 * (27.43 * (1 - 0.37) + 22.35 + 8.13 + 9.14 + 2.54 + 2.54) + 7.63 + 3.47 + 4.86 + 1.76) * 100 = 2.9. Bieber teaches that the curing agent can preferably be a mixture of materials [0057], that the adhesive composition preferably contains at least 3 weight percent curing agent based on a total weight of the adhesive composition [0057], that the further curing agents may comprise other curing agents typically considered to be secondary curatives [0058], that the optional secondary curative can be present in the first part of the curable adhesive composition with the epoxy resin and the reactive liquid modifier or in the second part of the curable adhesive composition with the curing agent [0060], and that the amount of the secondary curable preferably is up to 6 weight percent based on a total weight of the curable adhesive composition [0060].
Bieber does not teach that the curable composition comprises 10-45 parts by weight of anhydride-based curing agent per 100 parts total weight of reactive components. However, Elgimiabi teaches 3-methyltetrahydroxyphthalic acid anhydride or 3-methyltetrahdroxyphthalic acid anhydride that is an epoxy curing agent that is conventionally used for curing epoxy resin compositions and forming crosslinked polymer networks [0029], that the epoxy curing agent is present in a thermosettable composition that is present in a structural adhesive film [0006], that the amount of epoxy curing agent in the thermosettable composition is typically comprised between 2 and 15 wt%, based on total weight of the thermosettable composition [0030], that the thermosettable composition further comprises an epoxy compound [0006], and that the epoxy compound is optionally a polyglycidyl ethers of aliphatic or cycloaliphatic hydroxyl compounds [0019]. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Elgimiabi’s 3-methyltetrahydroxyphthalic acid anhydride or 3-methyltetrahdroxyphthalic acid anhydride to substitute for a fraction of Bieber’s EDR176 in Bieber’s adhesive composition, and to optimize an amount of Elgimiabi’s 3-methyltetrahydroxyphthalic acid anhydride or 3-methyltetrahdroxyphthalic acid anhydride in Bieber’s adhesive composition to be 10 parts by weight, based on 100 parts by weight of Bieber’s MX257, Bieber’s Epon 828, Bieber’s Eponex 1510, Bieber’s DEN 431, Bieber’s Cardura E10P, Bieber’s K-Flex, Bieber’s EDR176, Bieber’s F713, Bieber’s Ancamine K54, and Elgimiabi’s 3-methyltetrahydroxyphthalic acid anhydride or 3-methyltetrahdroxyphthalic acid anhydride. The proposed modification would read on the curable composition comprises 10 parts by weight of anhydride-based curing agent per 100 parts total weight of reactive components as claimed. One of ordinary skill in the art would have been motivated to do so because Elgimiabi teaches that the 3-methyltetrahydroxyphthalic acid anhydride or 3-methyltetrahdroxyphthalic acid anhydride is beneficial for being an epoxy curing agent that is conventionally used for curing epoxy resin compositions and forming crosslinked polymer networks [0029], that the epoxy curing agent is beneficial for being useful in a thermosettable composition that is present in a structural adhesive film [0006], that the thermosettable composition further comprises an epoxy compound [0006], and that the epoxy compound is optionally a polyglycidyl ethers of aliphatic or cycloaliphatic hydroxyl compounds [0019], because Elgimiabi’s 3-methyltetrahydroxyphthalic acid anhydride or 3-methyltetrahdroxyphthalic acid anhydride would have been beneficial for modifying curing properties of Bieber’s adhesive composition because Bieber teaches that the adhesive composition [0147] is prepared by mixing A and B parts at a 1:4 volume ratio [0146], that the A-part comprises EDR176 ([0147], Table 3, Example E3), that the EDR176 is Jeffamine EDR 176 that is 3,3’-ethylenedioxybis(propylamine) ([0134], Table 2), that the JEFFAMINE is an amine curing agent [0055], that the curing agent can preferably be a mixture of materials [0057], that the further curing agents may comprise other curing agents typically considered to be secondary curatives [0058], and that the optional secondary curative can be present in the first part of the curable adhesive composition with the epoxy resin and the reactive liquid modifier or in the second part of the curable adhesive composition with the curing agent [0060], and because optimizing an amount of Elgimiabi’s 3-methyltetrahydroxyphthalic acid anhydride or 3-methyltetrahdroxyphthalic acid anhydride in Bieber’s adhesive composition would have been beneficial for optimizing an extent of curing of Bieber’s adhesive composition when it is cured because Bieber teaches that the adhesive composition [0147] is prepared by mixing A and B parts at a 1:4 volume ratio [0146], wherein the B-part comprises 27.43 parts by weight of MX257, 22.35 parts by weight of Epon 828, 8.13 parts by weight of Eponex 1510, 9.14 parts by weight of DEN 431, 2.54 parts by weight of Cardura E10P, and 2.54 parts by weight of K-Flex, and the A-part comprises 7.63 parts by weight of EDR176, 3.47 parts by weight of Eponex 1510, 4.86 parts by weight of F713, and 1.76 parts by weight of Ancamine K54 ([0147], Table 3, Example E3), that the curing agent can preferably be a mixture of materials [0057], that the adhesive composition preferably contains at least 3 weight percent curing agent based on a total weight of the adhesive composition [0057], that the further curing agents may comprise other curing agents typically considered to be secondary curatives [0058], that the optional secondary curative can be present in the first part of the curable adhesive composition with the epoxy resin and the reactive liquid modifier or in the second part of the curable adhesive composition with the curing agent [0060], and that the amount of the secondary curable preferably is up to 6 weight percent based on a total weight of the curable adhesive composition [0060], and because Elgimiabi teaches that the 3-methyltetrahydroxyphthalic acid anhydride or 3-methyltetrahdroxyphthalic acid anhydride is an epoxy curing agent that is conventionally used for curing epoxy resin compositions and forming crosslinked polymer networks [0029], that the epoxy curing agent is present in a thermosettable composition that is present in a structural adhesive film [0006], and that the amount of epoxy curing agent in the thermosettable composition is typically comprised between 2 and 15 wt%, based on total weight of the thermosettable composition [0030], which means that an amount of Elgimiabi’s 3-methyltetrahydroxyphthalic acid anhydride or 3-methyltetrahdroxyphthalic acid anhydride in Bieber’s adhesive composition in parts by weight, based on 100 parts by weight of Bieber’s MX257, Bieber’s Epon 828, Bieber’s Eponex 1510, Bieber’s DEN 431, Bieber’s Cardura E10P, Bieber’s K-Flex, Bieber’s EDR176, Bieber’s F713, Bieber’s Ancamine K54, and Elgimiabi’s 3-methyltetrahydroxyphthalic acid anhydride or 3-methyltetrahdroxyphthalic acid anhydride would have affected an extent of curing of Bieber’s adhesive composition when it is cured.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Bieber et al. (EP 2468792 A1, cited in IDS, made of record 05/24/2023) as applied to claim 1.
Regarding claim 7, Bieber teaches the curable composition of claim 1 as explained above. Bieber teaches that the adhesive composition [0147] is prepared by mixing A and B parts at a 1:4 volume ratio [0146], wherein the B-part comprises 27.43 parts by weight of MX257, 22.35 parts by weight of Epon 828, 8.13 parts by weight of Eponex 1510, 9.14 parts by weight of DEN 431, 2.54 parts by weight of Cardura E10P, and 2.54 parts by weight of K-Flex, and the A-part comprises 7.63 parts by weight of EDR176, 3.47 parts by weight of Eponex 1510, 4.86 parts by weight of F713, and 1.76 parts by weight of Ancamine K54 ([0147], Table 3, Example E3), wherein the MX257 is a masterbatch of core shell particles, 37 %, in a standard DGEBA resin that is Epon 828 or equivalent, the Epon 828 is standard DGEBA-epoxy resin, the Eponex 1510 is hydrogenated bisphenol A, the DEN 431 is epoxy novolac, the Cardura E10P is glycidyl ester of VersaticTM acid 10, the K-Flex is K-Flex XM B301 that is acetoacetoxy-functionalized low MW polyester, the EDR176 is Jeffamine EDR 176 that is 3,3’-ethylenedioxybis(propylamine), the F713 is Grilonit F713 that is liquid polyTHF diglycidyl ether, and the Ancamine K54 is tris-(dimethylaminomehyl)-phenol that is an accelerator and catalyst ([0134], Table 2), which reads on wherein the curable composition comprises 19.20 parts by weight of non-aromatic epoxy resin per 100 parts total weight of reactive components. The parts by weight of non-aromatic epoxy resin per 100 parts total weight of reactive components is based on calculation (4 * (8.13 + 2.54) + 3.47 + 4.86) / (4 * (27.43 * (1 - 0.37) + 22.35 + 8.13 + 9.14 + 2.54 + 2.54) + 7.63 + 3.47 + 4.86 + 1.76) * 100 = 19.20. Bieber teaches that the epoxy resins can be a single material or a mixture of materials selected to provide the desired viscosity characteristics before curing and to provide the desired mechanical properties after curing [0017], and that the portion of the epoxy resin molecule that is not an oxirane group can be aromatic, aliphatic, or a combination thereof and can be linear, branched, cyclic, or a combination thereof [0018], which suggests using Bieber’s Eponex 1510, Bieber’s Cardura E10P, and Bieber’s F713 to substitute for Bieber’s 22.35 parts by weight of Epon 828 and Bieber’s 9.14 parts by weight of DEN 431 in Bieber’s adhesive composition, which would read on the curable composition comprises 66.62 parts by weight of non-aromatic epoxy resin per 100 parts total weight of reactive components as claimed. The parts by weight of non-aromatic epoxy resin per 100 parts total weight of reactive components is based on calculation (4 * (22.35 + 8.13 + 9.14 + 2.54) + 3.47 + 4.86) / (4 * (27.43 * (1 - 0.37) + 22.35 + 8.13 + 9.14 + 2.54 + 2.54) + 7.63 + 3.47 + 4.86 + 1.76) * 100 = 66.62.
Bieber does not teach a specific embodiment wherein the curable composition comprises 50-95 parts by weight of non-aromatic epoxy resin per 100 parts total weight of reactive components. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Bieber’s Eponex 1510, Bieber’s Cardura E10P, and Bieber’s F713 to substitute for Bieber’s 22.35 parts by weight of Epon 828 and Bieber’s 9.14 parts by weight of DEN 431 in Bieber’s adhesive composition. The proposed modification would read on the curable composition comprises 69.27 parts by weight of non-aromatic epoxy resin per 100 parts total weight of reactive components as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for modifying viscosity characteristics before curing and mechanical properties after curing of Bieber’s adhesive composition because Bieber teaches that the adhesive composition [0147] is prepared by mixing A and B parts at a 1:4 volume ratio [0146], wherein the B-part comprises 27.43 parts by weight of MX257, 22.35 parts by weight of Epon 828, 8.13 parts by weight of Eponex 1510, 9.14 parts by weight of DEN 431, 2.54 parts by weight of Cardura E10P, and 2.54 parts by weight of K-Flex, and the A-part comprises 7.63 parts by weight of EDR176, 3.47 parts by weight of Eponex 1510, 4.86 parts by weight of F713, and 1.76 parts by weight of Ancamine K54 ([0147], Table 3, Example E3), wherein the MX257 is a masterbatch of core shell particles, 37 %, in a standard DGEBA resin that is Epon 828 or equivalent, the Epon 828 is standard DGEBA-epoxy resin, the Eponex 1510 is hydrogenated bisphenol A, the DEN 431 is epoxy novolac, the Cardura E10P is glycidyl ester of VersaticTM acid 10, the K-Flex is K-Flex XM B301 that is acetoacetoxy-functionalized low MW polyester, the EDR176 is Jeffamine EDR 176 that is 3,3’-ethylenedioxybis(propylamine), the F713 is Grilonit F713 that is liquid polyTHF diglycidyl ether, and the Ancamine K54 is tris-(dimethylaminomehyl)-phenol that is an accelerator and catalyst ([0134], Table 2), that that the epoxy resins can be a single material or a mixture of materials selected to provide the desired viscosity characteristics before curing and to provide the desired mechanical properties after curing [0017], and that the portion of the epoxy resin molecule that is not an oxirane group can be aromatic, aliphatic, or a combination thereof and can be linear, branched, cyclic, or a combination thereof [0018].
Regarding claim 8, Bieber teaches the curable composition of claim 1 as explained above. Bieber teaches that the adhesive composition [0147] is prepared by mixing A and B parts at a 1:4 volume ratio [0146], wherein the B-part comprises 27.43 parts by weight of MX257, 22.35 parts by weight of Epon 828, 8.13 parts by weight of Eponex 1510, 9.14 parts by weight of DEN 431, 2.54 parts by weight of Cardura E10P, 2.54 parts by weight of K-Flex, and 0.05 parts by weight of Yellow pigment, and the A-part comprises 7.63 parts by weight of EDR176, 3.47 parts by weight of Eponex 1510, 4.86 parts by weight of F713, 1.76 parts by weight of Ancamine K54, and 0.02 parts by weight of Blue pigment ([0147], Table 3, Example E3), wherein the MX257 is a masterbatch of core shell particles, 37 %, in a standard DGEBA resin that is Epon 828 or equivalent, the Epon 828 is standard DGEBA-epoxy resin, the Eponex 1510 is hydrogenated bisphenol A, the DEN 431 is epoxy novolac, the Cardura E10P is glycidyl ester of VersaticTM acid 10, the K-Flex is K-Flex XM B301 that is acetoacetoxy-functionalized low MW polyester, the EDR176 is Jeffamine EDR 176 that is 3,3’-ethylenedioxybis(propylamine), the F713 is Grilonit F713 that is liquid polyTHF diglycidyl ether, and the Ancamine K54 is tris-(dimethylaminomehyl)-phenol that is an accelerator and catalyst ([0134], Table 2), which reads on wherein the colorant is present in the curable compositions in an amount of 0.08 wt. %, based on the total weight of the reactive components. The wt. % of the colorant based on the total weight of the reactive components is based on the calculation (4 * 0.05 + 0.02) / (4 * (27.43 * (1 - 0.37) + 22.35 + 8.13 + 9.14 + 2.54 + 2.54) + 7.63 + 3.47 + 4.86 + 1.76) * 100% = 0.08%. Bieber teaches that the B-part further comprises 3.56 parts by weight of Apyral 24, 0.91 parts by weight of Twaron 3091, and 1.12 Glass beads, that the A-part further comprises 0.42 parts by weight of Calcium nitrate ([0147], Table 3, Example E3), that the Apyral 24 is aluminum trihydrate filler, that the Twaron 3091 is highly fibrillated aramid pulp with a fiber length between 0.7 and 1.1 mm, that the glass beads are glass beads class IV 300 µm ([0134], Table 2), that the pigment, the calcium nitrate, and the aluminum trihydrate are fillers [0107], that the aramid fibers are filler [0106], that the adhesive composition may contain any suitable amount of the filler [0110], and that in preferred embodiments, the adhesive composition contains 0.01 to 50 weight percent filler based on a total weight of the adhesive composition [0110], which suggests using Bieber’s Yellow pigment and Bieber’s Blue pigment to substitute for at least a fraction of Bieber’s 3.56 parts by weight of Apyral 24, 0.91 parts by weight of Twaron 3091, 1.12 Glass beads, and 0.42 parts by weight of Calcium nitrate in Bieber’s adhesive composition, which would read on wherein the colorant is present in the curable compositions in an amount of 0.08 to 8.7 wt. %, based on the total weight of the reactive components. The wt. % of the colorant based on the total weight of the reactive components is based on the calculation (4 * (0.05 + 3.56 + 0.94 + 1.12) + 0.02 + 0.42) / (4 * (27.43 * (1 - 0.37) + 22.35 + 8.13 + 9.14 + 2.54 + 2.54) + 7.63 + 3.47 + 4.86 + 1.76) * 100% = 8.7%.
Bieber does not teach a specific embodiment wherein the colorant is present in the curable composition in an amount of between 0.1 and 10 wt. %, based on the total weight of the reactive components. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Bieber’s Yellow pigment and Bieber’s Blue pigment to substitute for at least a fraction of Bieber’s 3.56 parts by weight of Apyral 24, 0.91 parts by weight of Twaron 3091, 1.12 Glass beads, and 0.42 parts by weight of Calcium nitrate in Bieber’s adhesive composition, and to optimize a total amount of Bieber’s Yellow pigment and Bieber’s Blue pigment to be between 0.1 and 10 weight percent, based on the total weight of Bieber’s MX257, Bieber’s Epon 828, Bieber’s Eponex 1510, Bieber’s DEN 431, Bieber’s Cardura E10P, Bieber’s K-Flex, Bieber’s EDR176, Bieber’s F713, and Bieber’s Ancamine K54. The proposed modification would read on the colorant is present in the curable compositions in an amount of 0.1 to 10 wt. %, based on the total weight of the reactive components as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing a desired color of Bieber’s adhesive composition, and for optimizing mechanical properties of Bieber’s adhesive composition because Bieber teaches that the adhesive composition [0147] is prepared by mixing A and B parts at a 1:4 volume ratio [0146], wherein the B-part comprises 27.43 parts by weight of MX257, 22.35 parts by weight of Epon 828, 8.13 parts by weight of Eponex 1510, 9.14 parts by weight of DEN 431, 2.54 parts by weight of Cardura E10P, 2.54 parts by weight of K-Flex, and 0.05 parts by weight of Yellow pigment, and the A-part comprises 7.63 parts by weight of EDR176, 3.47 parts by weight of Eponex 1510, 4.86 parts by weight of F713, 1.76 parts by weight of Ancamine K54, and 0.02 parts by weight of Blue pigment ([0147], Table 3, Example E3), that the B-part further comprises 3.56 parts by weight of Apyral 24, 0.91 parts by weight of Twaron 3091, and 1.12 Glass beads, that the A-part further comprises 0.42 parts by weight of Calcium nitrate ([0147], Table 3, Example E3), that the Apyral 24 is aluminum trihydrate filler, that the Twaron 3091 is highly fibrillated aramid pulp with a fiber length between 0.7 and 1.1 mm, that the glass beads are glass beads class IV 300 µm ([0134], Table 2), that the pigment, the calcium nitrate, and the aluminum trihydrate are fillers [0107], that the aramid fibers are filler [0106], that the adhesive composition may contain any suitable amount of the filler [0110], and that in preferred embodiments, the adhesive composition contains 0.01 to 50 weight percent filler based on a total weight of the adhesive composition [0110], which means that Bieber’s Yellow pigment and Bieber’s Blue pigment to substitute for at least a fraction of Bieber’s 3.56 parts by weight of Apyral 24, 0.91 parts by weight of Twaron 3091, 1.12 Glass beads, and 0.42 parts by weight of Calcium nitrate in Bieber’s adhesive composition, and to optimize a total amount of Bieber’s Yellow pigment and Bieber’s Blue pigment to be between 0.1 and 10 weight percent, based on the total weight of Bieber’s MX257, Bieber’s Epon 828, Bieber’s Eponex 1510, Bieber’s DEN 431, Bieber’s Cardura E10P, Bieber’s K-Flex, Bieber’s EDR176, Bieber’s F713, and Bieber’s Ancamine K54, which means that a total amount of Bieber’s Yellow pigment and Bieber’s Blue pigment in weight percent, based on the total weight of Bieber’s MX257, Bieber’s Epon 828, Bieber’s Eponex 1510, Bieber’s DEN 431, Bieber’s Cardura E10P, Bieber’s K-Flex, Bieber’s EDR176, Bieber’s F713, and Bieber’s Ancamine K54, would have affected a desired color of Bieber’s adhesive composition and mechanical properties of Bieber’s adhesive composition.
Correspondence
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/DAVID T KARST/ Primary Examiner, Art Unit 1767