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 of Group II (claims 9-14) and a mixture of bisphenol A diglycidyl ether (BADGE) and neopentyl monomer (NEO) for a species in the reply filed on 12/19/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 9-14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2017/0174823 to Weippert (hereinafter “Weippert”).
Weippert discloses a composition based on epoxy resins and thiols which can be polymerized using an amine catalyst (see Abstract and [0002]). Specifically, the composition comprises (A) an epoxide with two or more epoxy groups, (B) a thiol ester with two or more ester group and two or mor thiol groups and/or a thioether with two or more thiol groups (C) 0.005-2 wt.-%, based on the total weight of the composition, of a tertiary amine which comprises a 5- or 6- membered aliphatic nitrogen heterocycle, wherein the composition contains less than 1 wt.-% primary amine (see [0011]). Preferred epoxides are bisphenol A diglycidyl ether (Araldite F, Rutapox 0162) and neopentyl glycol diglycidyl ether (see [0027])) . Preferred thiol is pentaerythritol tetra(3-mercaptopropionate) (PTMP) (see [0029]). The rate of the reaction between epoxy compound and thiol ester in the composition according to the invention and thus the processing time and curing time are controlled by the basicity and the concentration of the added tertiary amine. For a sufficient processing time on the one hand and a short curing time on the other hand, 0.005-2 wt.-% of the tertiary amine with the 5- or 6-membered aliphatic nitrogen heterocycle have proven to be suitable. 0.01-2 wt.-% of the tertiary amine is preferred and in particular 0.02-1.5 wt.-%. In the case of less strong bases, a somewhat higher quantity is advantageous within this range and, in the case of the stronger bases, a somewhat smaller quantity is advantageous. See [0032]. Weippert further discloses 1,8-diazabicyclo[5.4.0]undec-7-ene (DBU) (see [0030-0031]) (tertiary amine meets the claimed organobase as express species recited in instant specification).
It is acknowledged Weippert does not expressly recite shape memory polymer foam. However, it is expected that the reaction disclosed in Weippert would produce a shaped memory polymer foam since the reactants are the same as those claimed.
With respect to the claimed properties recited in claims 11-13, it is expected the reaction product of Weippert would have the claimed properties.
Conclusion
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/IN SUK C BULLOCK/Supervisory Patent Examiner, Art Unit 1772
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