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 .
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.
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 1-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Niemann (U.S. 20060276614).
Niemann teaches the adhesive of the claims including amounts, hydroxy numbers, trace amounts of diisocyanate in the B side, bio based content, VOC levels, surfactants as silicone, amines and organo tin catalyst and MDI A side (Mondur MR) ¶[0035]-¶[0036], water amount, etc. The phosphated soy oil in the Abstract anticipates any phosphate plant oil. Amount of phosphorous in ¶[0022]. Exemplified phosphorous amount is 1 % (see Example 2) and, therefore, this amount can be immediately envisaged when practicing the invention of Niemann with using the phosphate plant oil. Note phosphated plant oil is not required by any claim and Claim 21 only requires an isocyanate A side and a B side with hydroxylated plant oil according to the claim which it taught by multiple examples in Niemann. No petrochemical oils are in the above example anticipating Claim 20. Approximately 30 parts of A are mixed with 70 parts B which is reasonably in the range of “approximately” of Claim 11 as there is no definition in the as-filed specification defining the limits on “approximately. Further, other examples have 24 A and 76 B which makes these proportions exemplified sufficiently specific to anticipate the range of Claim 11. Finally, ¶[0025] teaches ranges which completely encompass the specific amounts of A and B side of Claim 11 which anticipates the claimed amounts.
Note the adhesive of Niemann above (¶[0035-0036]) appears to be the same adhesive as Example 4 of the as-filed spec. This Example 4 does not appear to be a comparative example.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER M RODD whose telephone number is (571)270-1299. The examiner can normally be reached 7 am - 3:30 pm (Pacific).
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/Christopher M Rodd/Primary Examiner, Art Unit 1766
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