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 § 103
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 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 5,914,383 to Richter et al. in view of EP-3428207 to Nakajima et al.
As to claims 1-4 and 10-13, Richter discloses a polyisocyanate composition having a residual NCO content of 0.17%, a non-detachable uretonimine content (not found), a uretdione content of 3%, a isocyanurate content of 68% and an iminoxadizaine content of 14% (Experiment 2a). Richter prefers a very low content of phosphorus in the polyisocyanate composition (0.38, 0.19, Examples 8-9) even when phosphorus is part of the reactant or catalyst. Accordingly, it would have been obvious to reduce the levels of phosphorus to those within the claimed amounts in order to improve water dispersibility and surface tension in combination with improved crosslinking and physical properties of the coating (0064-0067).
Richter does not expressly teach modifying the isocyanate composition with a non-ionic hydrophilic compound.
Nakajima discloses a polyisocyanate composition comprising a polyisocyanate having an aliphatic diisocyanate unit and a non-ionic hydrophilic compound. At the time of filing it would have been obvious to modify the polyisocyanate composition of Richter with the non-ionic compound of Nakajima in order to prepare an isocyanate composition that is excellent in storage stability and is capable of forming a coating with excellent adhesion to a base material (0011).
As to claim 5, Richter discloses hexamethylene diisocyanate in the examples.
As to claims 6-9, Richter in view of Nakajima disclose 2.0 to 30 mass% of a nonionic hydrophilic polyether containing 5 to 20 ethylene oxide repeat units is reacted with the polyisocyanate. The polyether in Nakajima is the same as used in the instant examples. Accordingly, the pH would be the same.
As to claims 14-15, Richter discloses substrates coated with a coating composition
containing the polyisocyanate composition (10:40-64).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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.
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/MICHAEL L LEONARD/Primary Examiner, Art Unit 1763