DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-13 are pending as amended on 4/13/2023.
Claim Objections
Claim 13 is objected to because of the following informalities: Claim 13 was clearly intended to be amended like claims 4-12, however, “any one of claims 1 to 12” was not struck through in claim 13. Appropriate correction is required.
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.
Claim(s) 1-10 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kimura et al (US 4364876).
Kimura discloses 2-cyanocrylate compounds which are useful as instant setting adhesives for metals and plastics (abstract), which meets the recitation in instant claim 13 of a curable composition for bonding a resin material. Kimura discloses a curable composition comprising the 2-cyanoacrylate compound and a stabilizer (col 4, lines 56-68).
Kimura discloses the following compounds in col 9, each of which have structures according to instant formula (I) as recited in claims 1 and 8-10, wherein L1 is a linear alkylene group having 2 carbons (i.e., -CH2CH2-; first four rows) or branched alkylene group having 3 carbons (i.e., -CH2CH(R2)- wherein R2 is methyl; last row), p is 2, and R1 is a linear alkyl group having 1, 2, 4 or 6 carbon atoms.
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The compound in the first row of Kimura’s table copied above has the same structure as the 2-cyanoacrylate compound of instant example 3, and the compound in the third row of Kimura’s table copied above has the same structure as the 2-cyanoacrylate compound of instant example 4.
Kimura fails to specifically teach that the curable composition is capable of being cured into a product having properties which are recited in the instant claims.
However, instant examples 3 and 4 show properties of cured products formed from compositions of 2-cyanoacrylate compounds having the same structure as the 2-cyanoacrylate compounds taught by Kimura. The instant cured products formed from the same cyanoacrylates taught by Kimura have properties within the presently claimed ranges. Only the cured product of instant comparative example 1, which is formed from a composition of a cyanoacrylate compound that is not representative of Kimura, has properties outside of the claimed ranges. Given that Kimura discloses a composition of cyanoacrylate compounds having the same structure as the compounds in the instant examples, and further given that the additional component in the composition of Kimura (a stabilizer, col 4, lines 56-67) is also disclosed in the instant specification as a component which may be used [0048, 0054], there is reasonable basis to conclude that Kimura discloses an instant setting curable composition, as presently recited, which is a pressure sensitive adhesive as recited in claim 2, and, which is capable of forming a cured product having a storage modulus within the range recited in claim 1, having a Tg within the range recited in claim 3, having a tack value within the range recited in claim 4, having an elongation rate within the range recited in claim 5, having adhesive strengths within the ranges recited in claims 6 and 7, and, having a storage modulus which becomes constant within the range recited in claim 11.
Claim(s) 1-10 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abe et al (WO 2008056516; original and machine translation cited herein, both provided by Applicant on 4/13/2023).
As to claims 1 and 8-10, Abe discloses a 2-cyanoacrylate based adhesive [0023] which contains a 2-cyanoacrylate compound having at least one ether bond in one molecule [0026], including a compound according to formula (2):
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Abe exemplifies a composition comprising stabilizers and 2-(2-butoxyethoxy)ethyl-2-cyanoacrylate ([0176]/Example 3; “DEGB”) as a compound according to formula 2. DEGB has a structure according to instant formula 1 as recited in claims 1 and 8-10, wherein L1 is a linear alkylene group having 2 carbons (i.e., -CH2CH2-), p is 2, and R1 is a linear alkyl group having 4 carbon atoms. (DEGB has the same structure as the 2-cyanoacrylate compound of instant example 4.)
Abe teaches that storage modulus G’ of a cured product of example 3 at 25 C is 8.16 MPa (see p 28 of original, table). 8.16 MPa is equivalent to 8.16x106 Pa, which falls within the presently claimed range of 1.0x104 Pa to 1.0x108 Pa. Given the relatively small difference in G’ between 25 C and 37 C (see Abe table on p 28), and further given that the storage modulus at 25 C falls well within the claimed range, there is reasonable basis to conclude that if measured at 23 C, the storage modulus G’ would remain within the presently claimed range.
As to claims 2-7 and 13, Abe fails to specifically teach that the curable composition is capable of being cured into a product having properties which are recited in the instant claims. However, instant example 4 shows properties of cured products formed from a composition of a 2-cyanoacrylate compound having the same structure as the 2-cyanoacrylate compound taught by Abe. The instant cured product formed from the same cyanoacrylate taught by Abe has properties within the presently claimed ranges. Given that Abe discloses a composition of a cyanoacrylate compound having the same structure as the compound in the instant example, and further given that the additional component in the composition of Abe (stabilizers) is also disclosed in the instant specification as a component which may be used [0048, 0054], there is reasonable basis to conclude that Abe discloses a curable composition, as presently recited, which is an instant pressure sensitive adhesive as recited in claim 2, and, which is capable of forming a cured product having a Tg within the range recited in claim 3, having a tack value within the range recited in claim 4, having an elongation rate within the range recited in claim 5, having adhesive strengths within the ranges recited in claims 6 and 7, and which is capable of bonding a resin material as recited in claim 13.
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.
Claim(s) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimura et al (US 4364876).
The rejection of claims 1-10 and 13 over Kimura is incorporated here by reference.
As to claims 11 and 12, Kimura teaches that an adhesive having the desired viscosity can be obtained by dissolving a polymer (i.e., a component recited in claim 12) into the composition. Kimura teaches that an adhesive composition having a viscosity of 1-10,000 cps is used effectively (col 5, lines 1-16). 10,000 cps is equivalent to 10 Pa.s, and therefore, Kimura’s disclosed viscosity range falls within the presently claimed range of 300 Pa.s or less. (Kimura is silent as to the temperature at which the viscosity is measured, however, given that no temperature is specified, one having ordinary skill in the art would have at least interpreted the usual viscosity range taught by Kimura as being a viscosity range suitable for using the composition at room temperature, i.e., ~25 C). It would have been obvious to the person having ordinary skill in the art, therefore, to have included a polymer in Kimura’s adhesive composition (based on the disclosure to do so in col 5, lines 1-16) in order to achieve a viscosity known to be effective for adhesive compositions.
Alternatively, as to claim 12, Kimura discloses that a flexible cured product can be obtained by adding a plasticizer (col 5, lines 18-24). It would have been obvious to the person having ordinary skill in the art, therefore, to have included plasticizer in Kimura’s composition in order to increase the flexibility of a cured product.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL KAHN whose telephone number is (571)270-7346. The examiner can normally be reached Monday to Friday, 8-5.
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/RACHEL KAHN/Primary Examiner, Art Unit 1766