Detailed Office Action
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Prior Art Rejections
2. 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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
3. Claims 1, 3, 4, 6, and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 112048151 A.
CN 112048151 A discloses an epoxy resin composition wherein the curing agent may be m-phenethylamine, corresponding to applicants’ claimed formulas (1) (claim 1) and (1-3) (claim 3). See abstract; page 3, subparagraph 11; and claim 7 within the provided English translation. Regarding claims 4 and 6, the position is taken that the reference provides for the aforementioned curing agent being the sole curing agent; therefore, the quantity limitation of the claims is met.
4. Claims 1, 3, 4, and 6-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2021/048282 A1.
WO 2021/048282 A1 discloses an epoxy resin composition wherein the curing agent is a blend of curing agents, which may include as the disclosed second curing agent 1,3-bis(aminoethyl)benzene or 1,4-bis(aminoethyl)benzene, corresponding to applicants’ claimed formulas (1) (claim 1) and (1-3) and (1-1) (claim 3). See abstract and paragraph [053]. Regarding claims 4 and 6, within paragraph [056], quantities of the respective curing agent components are disclosed such that the claimed amounts are met. Regarding claim 8, the disclosed adhesive is adequate to meet the paint of claim 8; the cured adhesive on a surface satisfies the function of a coating (paint).
5. Claims 1 and 4-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2017/175741 A1.
WO 2017/175741 A1 discloses an epoxy resin composition, suitable for the production of coatings, wherein the epoxy resin curing agent is a diamine of formula (I), wherein the disclosed formula (I) corresponds to applicants’ formula (1) of claim 1. See abstract. Regarding claims 4 and 6, quantities of the curing agent are disclosed within page 10, subparagraph 5 of the provided translation such that the claimed amounts are met. Regarding claim 5, within page 9, subparagraph 7 of the translation, it is disclosed that the produced amine may further contain raw material diamine, which corresponds to xylylene diamine.
6. Claims 1, 2, and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2021/048282 A1 in view of Hanaoka et al. (US 2023/0416450 A1).
WO 2021/048282 A1 discloses an epoxy resin composition wherein the curing agent is a blend of curing agents, which may include as the disclosed second curing agent 1,3-bis(aminoethyl)benzene or 1,4-bis(aminoethyl)benzene, corresponding to applicants’ claimed formula (1) of claim 1. See abstract and paragraph [053]. Regarding claim 6, within paragraph [056], quantities of the respective curing agent components are disclosed such that the claimed amounts are met. Regarding claim 8, the disclosed adhesive is adequate to meet the paint of claim 8; the cured adhesive on a surface satisfies the function of a coating (paint).
7. Though the primary reference fails to disclose the claimed adduct modified product, the production of adducts through the reaction of xylylene diamine with an epoxy was known at the time of invention as a means for producing epoxy curing agents. This position is supported by the teachings of Hanaoka et al. See paragraphs [0022]+. Hanaoka et al. specifically teach within paragraph [0023] that the modification promotes the production of coatings having excellent water resistance. Accordingly, in view of these teachings and the structural similarity between the diamines of the primary and secondary references, the position is taken that one would have been motivated to modify the curing agents of the primary reference so as to realize the benefits of improved water resistance.
8. Claims 1, 2, and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2017/175741 A1 in view of Hanaoka et al. (US 2023/0416450 A1).
WO 2017/175741 A1 discloses an epoxy resin composition, suitable for the production of coatings, wherein the epoxy resin curing agent is a diamine of formula (I), wherein the disclosed formula (I) corresponds to applicants’ formula (1) of claim 1. See abstract. Regarding claim 6, quantities of the curing agent are disclosed within page 10, subparagraph 5 of the provided translation such that the claimed amounts are met.
9. Though the primary reference fails to disclose the claimed adduct modified product, the production of adducts through the reaction of xylylene diamine with an epoxy was known at the time of invention as a means for producing epoxy curing agents. This position is supported by the teachings of Hanaoka et al. See paragraphs [0022]+. Hanaoka et al. specifically teach within paragraph [0023] that the modification promotes the production of coatings having excellent water resistance. Accordingly, in view of these teachings and the structural similarity between the diamines of the primary and secondary references, the position is taken that one would have been motivated to modify the curing agents of the primary reference so as to realize the benefits of improved water resistance.
Conclusion
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rabon A Sergent whose telephone number is (571)272-1079. The examiner can normally be reached on Monday through Friday from 9:00 AM until 5:00 PM, ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Riviere Kelley, can be reached at telephone number 571-270-1831. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RABON A SERGENT/Primary Examiner, Art Unit 1765