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 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.
Claims 1-15 and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Pub. No. 2012/0252967 Ercole et al.
As to claims 1, 6-9, 11-13, Ercole discloses a polyol composition containing fillers or pigments (0104) used in a curable polyurethane comprising polyols represented by the following formulas:
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In admixture with 1,4-butanediol and a polycaprolactone diol with a molecular weight of 1,000 (0230, Examples 4-14).
As to claims 2-5, Ercole discloses a polyurethane polymer derived from the polyol component that is used as an adhesive between aluminum strips (0021-0024, Figures 4-7). Ercole discloses adhesive properties (Figures 6-7). Ercole is silent with respect to the claimed properties, however, the reference teaches the same reaction components used within amounts taught by the instant specification. Accordingly, the properties relating to adhesive would be inherently present.
As to claim 14, Ercole discloses reacting the polyol composition with a polyisocyanate (See Examples 4-14).
As to claims 17-18, Ercole discloses a two-component composition comprising a polyol composition containing fillers or pigments (0104) used in a curable (0209, 0232) polyurethane by reaction with a second component comprising a polyisocyanate comprising polyols represented by the following formulas:
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In admixture with 1,4-butanediol and a polycaprolactone diol with a molecular weight of 1,000 (0230, Examples 4-14). Ercole discloses the polyurethane polymer is used as an adhesive between aluminum strips (0021-0024, Figures 4-7).
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.
Claims 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. No. 2012/0252967 Ercole et al.
As to claims 2-5, Ercole discloses a polyol composition containing fillers or pigments (0104) used in a curable polyurethane comprising polyols represented by the following formulas:
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In admixture with 1,4-butanediol and a polycaprolactone diol with a molecular weight of 1,000 (0230, Examples 4-14). Ercole discloses a polyurethane polymer derived from the polyol component that is used as an adhesive between aluminum strips (0021-0024, Figures 4-7). Ercole discloses adhesive properties (Figures 6-7). Ercole is silent with respect to the claimed properties. However, the reference teaches all of the claimed ingredients. Therefore, the claimed effects and physical properties, i.e. adhesive properties and hardness properties would implicitly be achieved by a composite with all the claimed ingredients. If it is the applicants’ position that this would not be the case: (1) evidence would need to be provided to support the applicants’ position; and (2) it would the Office’s position that the application contains inadequate disclosure that there is no teaching as to how to obtain the claimed properties with only the claimed ingredients.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. No. 2012/0252967 Ercole et al. in view of U.S. Patent Pub. No. 2019/0309207 to Kang et al.
As to claim 15, Ercole discloses a polyol composition containing fillers or pigments (0104) used in a curable polyurethane comprising polyols represented by the following formulas:
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In admixture with 1,4-butanediol and a polycaprolactone diol with a molecular weight of 1,000 (0230, Examples 4-14). Ercole discloses a polyurethane polymer derived from the polyol component that is used as an adhesive between aluminum strips (0021-0024, Figures 4-7). Ercole discloses adhesive properties (Figures 6-7).
Ercole does not expressly disclose the claimed fillers.
However, the claimed fillers including aluminum nitride or boron nitride within polyurethane adhesives was known at the time of filing. This is support by Kang (0036-0040).
At the time of filing it would have been obvious to a person of ordinary skill in the art to add the fillers taught in Kang to the composition of Ercole to obtain desired physical properties of the adhesive and provide improved insulation (0037).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL L LEONARD whose telephone number is (571)270-7450. The examiner can normally be reached M - F 7:00-4:00.
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/MICHAEL L LEONARD/Primary Examiner, Art Unit 1763