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 .
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 11, 13-15 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Pub. No. 2020/0270390 to Irle et al.
As to claim 11, Irle discloses a clear, colorless (turbidity less than 2.0) polyisocyanate
containing allophanate and isocyanurate groups derived from 1,6-hexamethylene diisocyanate that an average isocyanate functionality of ≥4 to <10.0 (Abstract) and a monomeric HDI content of < 0.3% by weight (See Example 1).
As to claim 13, Irle discloses a two component system comprising the polyisocyanate containing allophanate and isocyanurate groups and at least one NCO-reactive compound (0095).
As to claims 14-15 and 17, Irle discloses a two-component coating system obtained by reacting the polyisocyanate containing allophanate and isocyanurate groups with an isocyanate reactive component in the presence of catalyst and/or heat (0096-0099) on a substrate (0101).
Allowable Subject Matter
Claims 1-4, 6-10 and 12 are allowed.
Response to Arguments
Applicant's arguments filed 12/22/2025 have been fully considered but they are not persuasive.
The applicant argued that Irle does not teach the claimed turbidity values. It is noted that Irle does not expressly disclose turbid values, however, the reference teaches colorless, clear isocyanurate and allophanate containing urethanes with low viscosities. Visual clarity is taken to meet the claim limitation with regards to turbidity. Evidence should be provided to show that isocyanurate and allophanate containing urethanes that are clear, derived from aliphatic diisocyanates, and that are freed of low monomer NCO groups do not necessarily possess the claimed turbidity values. This evidence has not been presented.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/MICHAEL L LEONARD/ Primary Examiner, Art Unit 1763