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
Applicant’s election without traverse of claims 1-10 in the reply filed on 07/08/2025 is acknowledged.
Claims 11-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/08/2025.
Claim Objections
The following claim(s) are objected to because of these informalities:
In claim 10, line 3, “adhesive” should read “adhesive composition”.
Appropriate correction is required.
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.
Claims 1-10 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 pre-AIA the applicant regards as the invention.
Claim 1, line 11 recites “a water-based polyurethane dispersion”. It is unclear whether this polyurethane dispersion is the same as the one recited earlier in the claim on lines 6-7 or not. For the purpose of examination, claim 1, line 11 reads on "the heat and pressure stable water-based polyurethane dispersion". Dependent claims fall herewith.
Claim 2, lines 4-5 recite "a shoe rubber outsole". It is unclear whether this outsole is the same as the one recited in parent claim 1. For the purpose of examination, claim 2 reads on "the shoe rubber outsole".
Claim 4, line 5 recites "the polyisocyanate". This term is not previously used in this claim or the parent claim and does not have proper antecedent basis. It is noted that the claims filed prior to the preliminary amendment recited a polyisocyanate earlier in the claim as one component of the reaction mixture. For the purpose of examination, claim 4, line 3 reads on "a reaction mixture comprising a polyester polyol and a polyisocyanate", thus providing antecedent basis for the later recitation on line 5.
Claim 4, lines 7-8 recites "a molar excess of the hydroxyl group than the isocyanate". The terms hydroxyl group and isocyanate are not previously used in this claim or the parent claim and do not have proper antecedent basis. Furthermore, it is unclear whether the claim requires a molar excess of hydroxyl group in comparison to the amount of isocyanate. For the purpose of examination and in view of para. 0036 in the PG Pub for the instant disclosure, claim 4, lines 7-8 read on "a molar excess of a polyisocyanate relative to the molar ratio of isocyanate and hydroxyl groups". Examiner also suggests Applicant verify this suggestion is consistent with the intent of the claim or whether a different correction is needed, being mindful to avoid introduction of new matter into the claim.
Claim 10, line 3 recites "the step (3)". It is unclear whether step (3) recited in parent claim 9 or step (3) in parent claim 1 is being referenced. For the purpose of examination, claim 10 reads on "the step (3) of attaching the activated shoe rubber outsole to the shoe".
Allowable Subject Matter
Claims 1, 3, and 5-9 would be allowable if rewritten or amended to overcome the rejection of claim 1 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2 and 4 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claim 10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, and with correction for the claim objection, as set forth in this Office action
Regarding claim 1, the prior art of record does not teach, suggest, or render obvious a process for manufacturing a shoe rubber outsole, comprising:
applying an adhesive composition to an uncured rubber material, wherein said adhesive composition comprises a heat and pressure stable water-based polyurethane dispersion;
wherein the adhesive composition comprises, based on the total weight of the composition:
85 to 99.9 wt.% of the heat and pressure stable water-based polyurethane dispersion;
0.1 to 10 wt.% of at least one modified polyolefin based adhesion promoter;
0 to 0.1 wt.% of at least one optical brightener;
0 to 1 wt.% of at least one hydrophobically modified ethylene oxide-urethane block copolymer (HEUR) thickener;
in combination with the other limitations in the claim.
Huh (US PG Pub 2018/0289104), Natori (US PG Pub 2013/0183520), and Yano (US PG Pub 2014/0137435) are the closest prior art of record. None of these references teaches or suggests the combination of features listed above for claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIM R SMITH whose telephone number is (303)297-4318. The examiner can normally be reached Mon-Fri. 9-6 MST.
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/JIMMY R SMITH JR./Examiner, Art Unit 1745