DETAILED CORRESPONDENCE
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 .
Response to Arguments
Applicant's arguments have been fully considered.
Applicant argues
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Examiner does not find this persuasive because Lin refers to the polyamide as a curing agent. Lin contemplates that the nylon 4T is reactive, not merely coextruded.
Applicant argues
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Examiner does not find this persuasive because the claim requires a product of the reaction of PAEK crosslinked with polyamide.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In reference to claim 1, there is no support for the limitation
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the specification provides a range of polyamide chain lengths / polyamide species, the amendment limits the chain lengths / polyamide species without commensurate support from the specification and amounts to an arbitrary selection that lacks explicit or implied support.
Note: Claims 2-29 are also rejected by virtue of their dependence on claim 1.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 1 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN 109251468 A) in view of CN317 (CN110684317A, of record by applicant, translation made of record herein).
In reference to claim 1, Li discloses molding from a matrix obtained from a reaction of a polyaryletherketone (PAEK) with at least one crosslinker capable of thermal crosslinking with keto groups of the PAEK to form at least two imine groups per crosslinker molecule, the crosslinker being selected from: polyamides (“18 pts. wt. polyetheretherketone, …6 pts. wt. curing agent. …The curing agent is prepared by mixing an aliphatic curing agent and a polyamide curing agent in a ratio of 2:3:1.”. Li describes the material being useful for additive manufacturing. This reads on a molding.)
Li does not disclose the polyamide is a long chain polyamides crosslinked with PAEK (e.g., “polyamides, which are selected from PA 4.T, PA 5.T, PA 6.T, PA 9.T, PA 8.T, PA 10.T, PA 12.T, PA 6.1, PA 8.1. PA 9.1, PA 10.1, PA 12.1, PA 6.T/6, PA 6.T/10, 6.T/12, PA 6.T/6.I. PA 6.T/8.T, PA 6.T/9.T, PA 6.T/10.T, PA 6.T/12.T, PA 12.T/6.T. PA 6.T/6.I/6, PA 6.T/6.I/12, PA 6.T/6.1/6.10, PA 6.T/6.I/6.12, PA 6.T/6.6, PA 6.T/6.10, PA 6.T/6.12, PA 10.T/6, PA 10.T/11, PA 10.T/12, PA 8.T/6.T, PA 8.T/66, PA 8.T/8.I, PA 8.T/8.6, PA 8.T/6.1, PA 10.T/6.T, PA 10.T/6.6, PA 10.T/10.I, PA 10.T/10.1/6.T, PA 10.T/6.1. PA 4.T/4.I/46, PA 4.T/4.I/6.6, PA 5.T/5.I, PA 5.T/5.I/5.6, PA 5.T/5.I/6.6, PA 6.T/6.I/6.6, PA MXDA.6. PA 6.T/IPDA.T, PA 6.T/MACM.T, PA T/PACM.T, PA 6.T/MXDA.T, PA 6.T/6.I/8.T/8.I,PA 6.T/6.1/10.T/10.1,PA 6.T/6.I/PDA.T/IPDA.I.PA 6.T/6.I/MXDA.T/MXDA.I PA 6.T/6.I/MACM.T/MACM.I, PA 6.T/6.I/PACM.T/PACM.I, A 6.T/10.T/IPDA.T, PA 6.T/12.T/IPDA.T, PA 6.T/10.T/PACM.T, PA 6.T/12.T/PACM.T. PA 10.T/IPDA.T. PA 12.T/IPDA.T, PA 4.6, PA 6.6, PA 6.12, PA 6.10 and copolymers and mixtures thereof.”) and <10% crosslinker.
In the same field of endeavor or reasonably pertinent to the particular problem faced by the inventor, cross-linked polyaryletherketones (abstact), CN317 discloses a similar material wherein the molecular chains of the polyether-ether-ketone and nylon 4T are crosslinked. Nylon 4T is a longchain polyamide and reads on the claimd polyamides. It is identical to PA4T and renders the group as a whole obvious.
CN317 explains that this allows that “an interpenetrating network structure is formed, and the normal-temperature impact resistance of the product is enhanced”
Therefore, it would have been obvious to one of ordinary skill in the art with a reasonable expectation of success before the effective filing date of the claimed invention to configure the molding to comprise long chain nylons at <10% as claimed and thereby arrive at the claimed invention.
In reference to claim 3, see claim 1 of Li (e.g., “aluminum nitride powder 1-2… titanium dioxide 0.2-0.4 %”)
Claim 1, 3-4, 23, 25, 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shroff (US 20180051202) in view of CN317 (CN110684317A).
In reference to claim 1, Shroff discloses a matrix obtained from a reaction of a polyaryletherketone (PAEK) (“PEEK “ [Table 1]) with at least one crosslinker capable of thermal crosslinking with keto groups of the PAEK to form at least two imine groups per crosslinker molecule, the crosslinker being selected from: polyamides (“Examples of hardeners may include… polyamides” [P0015])
Shroff uses the matrix as a coating.
The term coating overlaps with a molding.
Alternatively, Shroff discloses forming a coated particle comprising, e.g., sand coated with the matrix.
Shroff does not disclose the polyamide is a long chain polyamides crosslinked with PAEK (e.g., “polyamides, which are selected from PA 4.T, PA 5.T, PA 6.T, PA 9.T, PA 8.T, PA 10.T, PA 12.T, PA 6.1, PA 8.1. PA 9.1, PA 10.1, PA 12.1, PA 6.T/6, PA 6.T/10, 6.T/12, PA 6.T/6.I. PA 6.T/8.T, PA 6.T/9.T, PA 6.T/10.T, PA 6.T/12.T, PA 12.T/6.T. PA 6.T/6.I/6, PA 6.T/6.I/12, PA 6.T/6.1/6.10, PA 6.T/6.I/6.12, PA 6.T/6.6, PA 6.T/6.10, PA 6.T/6.12, PA 10.T/6, PA 10.T/11, PA 10.T/12, PA 8.T/6.T, PA 8.T/66, PA 8.T/8.I, PA 8.T/8.6, PA 8.T/6.1, PA 10.T/6.T, PA 10.T/6.6, PA 10.T/10.I, PA 10.T/10.1/6.T, PA 10.T/6.1. PA 4.T/4.I/46, PA 4.T/4.I/6.6, PA 5.T/5.I, PA 5.T/5.I/5.6, PA 5.T/5.I/6.6, PA 6.T/6.I/6.6, PA MXDA.6. PA 6.T/IPDA.T, PA 6.T/MACM.T, PA T/PACM.T, PA 6.T/MXDA.T, PA 6.T/6.I/8.T/8.I,PA 6.T/6.1/10.T/10.1,PA 6.T/6.I/PDA.T/IPDA.I.PA 6.T/6.I/MXDA.T/MXDA.I PA 6.T/6.I/MACM.T/MACM.I, PA 6.T/6.I/PACM.T/PACM.I, A 6.T/10.T/IPDA.T, PA 6.T/12.T/IPDA.T, PA 6.T/10.T/PACM.T, PA 6.T/12.T/PACM.T. PA 10.T/IPDA.T. PA 12.T/IPDA.T, PA 4.6, PA 6.6, PA 6.12, PA 6.10 and copolymers and mixtures thereof.”) and <10% crosslinker.
In the same field of endeavor or reasonably pertinent to the particular problem faced by the inventor, cross-linked polyaryletherketones (abstact), CN317 discloses a similar material wherein the molecular chains of the polyether-ether-ketone and nylon 4T are crosslinked. Nylon 4T is a longchain polyamide and reads on the claimd polyamides. It is identical to PA4T and renders the group as a whole obvious.
CN317 explains that this allows that “an interpenetrating network structure is formed, and the normal-temperature impact resistance of the product is enhanced”
Therefore, it would have been obvious to one of ordinary skill in the art with a reasonable expectation of success before the effective filing date of the claimed invention to configure the molding to comprise long chain nylons at <10% as claimed and thereby arrive at the claimed invention.
In reference to claim 3, the prior art discloses the invention as in claim 1.
Shroff disclose a coated particle comprising, e.g., sand coated with the matrix. Sand reads on a filling agent.
In reference to claim 4, the prior art discloses the invention as in claim 1.
Shroff disclose a coated particle. This reads on a coating.
In reference to claim 23, the prior art discloses the invention as in claim 1.
Shroff describes the invention being for oil and gas.
In reference to claim 25, the prior art discloses the invention as in claim 1.
See paragraph 15 of Shroff. CN317 indicates that crosslinking PAEK and nylon together forms an improved product. Optimizing the amounts of each ingredient is obvious.
In reference to claim 29, the prior art discloses the invention as in claim 1.
See table 1 of Shroff (“PEEK “ [Table 1]).
Conclusion
US 20170218115 A1 discloses a “polyamide curing agent composition, i.e., the reaction product of the amine component and the dimer fatty acid component”
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS KRASNOW whose telephone number is (571)270-1154. The examiner can normally be reached M-R: 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xiao Zhao can be reached at 571-270-5343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS KRASNOW/Examiner, Art Unit 1744
