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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 12 and 17 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 12 states the Mt/Me is the ratio of moles of epoxy to moles of thiol, yet Mt is defined as the thiol amount and Me is defined as the epoxy amount.
It is unclear how claim 17’s “is used for an adhesive” limits the claim. Is this a future intended use? Is this a poor attempt at a process claim? How does claim 17 differ from claim 18?
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 10-18 rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP2008260850.
The reference exemplifies (#11 of table 1) combining 70 parts *1, 10 parts *5, 20 parts *8 and 2 parts *13.
According to paragraph 29 this is:
Parts compound g/eq
70 tetrafunctional -SH (applicant’s thiol) 120
10 trifunctional -SH (applicant’s thiol) 280
20 bis(aminomethyl)cyclohexane (applicant’s A) 2eq/142g (see Spectrum)
2 EH30 trifunctional tertiary amine (applicant’s B) 3eq/265g (see CHEMBSF)
The reference then utilizes 67.4 parts of the mixture to react with 100 parts of epoxy resin 1 in example 11 of table 2. Epoxy resin 1 (paragraph 40) is Epikote 828 of 190g/eq. 100g of Epoxy 1 provides 100g/(190g/eq) or 0.526eq of epoxy (ie applicant’s Me).
The amount of primary amine groups is:
20g/102g x 67.4g x 2eq/142g = 0.186mol -NH2 (ie applicant’s M1+2)
The amount of tertiary amine groups is:
2g/102g x 67.4g x 3eq/265g = 0.015mol -NR2 (ie applicant’s M3)
M1+2/Me is 0.186/0.526 = 0.35
M3/Me is 0.015/0.526 = 0.029
In regards to applicant’s dependent claims:
M3/M1+2 is 0.015/0.186 = 0.081 – meeting applicant’s claim 11.
The amount of thiol groups is:
(70g/102g x 67.4g x 1eq/120g) + (10g/102g x 67.4g x 1eq/280g)
= 0.409eq -SH (ie applicant’s Mt)
Mt/Me=0.409/.526 = 0.78 – meeting applicant’s claim 12.
The reference does not report the properties of applicant’s claims 14-16. Given the reference utilizes applicant’s materials in the same amounts, the same properties are assumed to result.
The composition is useful as an adhesive (abstract) – meeting applicants claims 17 and 18.
Claims 10-18 rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP523001.
The reference exemplifies (table 1 #1) combining 100 parts epoxy 2, 21 parts hardener 1, 12 parts triethyleneglycol dimercaptan, 2.5 parts pentamethylenediethylenetriamine and 7 parts anhydride.
Hardener 1 (paragraph 69) is diaminodiphenylsulfone (ie applicant’s “A”).
Triethyleneglycol dimercaptan is a polythiol. Pentamethylenediethylenetriamine
has three tertiary amines (see the PubChem data sheet) which qualifies as applicant’s “B”.
This is:
Parts compound g/eq
100 epoxy 165g/eq
12 dimercaptan (applicant’s thiol) 2eq/182g (see PubChem sheet )
21 diaminodiphenylsulfone (applicant’s A) 2eq/248g (see ChemBook)
2.5 Pentamethylenediethylenetriamine 3eq/173g (see PubChem sheet)
100g of Epoxy 2 provides 100g/(165g/eq) or 0.606eq of epoxy (ie applicant’s Me).
The amount of primary amine groups is:
21g x 2eq/248g = 0.169mol -NH2 (ie applicant’s M1+2)
The amount of tertiary amine groups is:
2.5g x 3eq/173g = 0.043mol -NR2 (ie applicant’s M3)
M1+2/Me is 0.169/0.606 = 0.28
M3/Me is 0.043/0.606 = 0.07
In regards to applicant’s dependent claims:
M3/M1+2 is 0.07/0.28 = 0.25 – meeting applicant’s claim 11.
The amount of thiol groups is:
12g x 2eq/248g = 0.097eq -SH (ie applicant’s Mt)
Mt/Me=0.097/.606 = 0.16 – meeting applicant’s claim 12.
The reference does not report the properties of applicant’s claims 14-16. Given the reference utilizes applicant’s materials in the same amounts, the same properties are assumed to result.
The composition is useful as an adhesive (paragraph 62) – meeting applicants claims 17 and 18.
Claims 10,11 and 13-18 rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP523001.
The reference exemplifies (table 1 #4) combining 100 parts epoxy 2, 21 parts hardener 1, 12 parts Capcure3-800, 1.8 parts dimethylaminoethyl-3-dimethylaminopropylether and 3.6 parts anhydride.
Hardener 1 (paragraph 69) is diaminodiphenylsulfone (ie applicant’s “A”). Capcure (page 7 of original doc) is a polythiol. Dimethylaminoethyl-3-dimethylaminopropylether has two tertiary amines (see the ChemSpider data sheet) which qualifies as applicant’s “B”.
This is:
Parts compound g/eq
100 epoxy 165g/eq
12 Capcure (applicant’s thiol) -------
21 diaminodiphenylsulfone (applicant’s A) 2eq/248g (see ChemBook)
1.8 dimethylaminoethyl-3-dimethylaminopropylether 2eq/174g (see ChemSpid)
100g of Epoxy 2 provides 100g/(165g/eq) or 0.606eq of epoxy (ie applicant’s Me).
The amount of primary amine groups is:
21g x 2eq/248g = 0.169mol -NH2 (ie applicant’s M1+2)
The amount of tertiary amine groups is:
1.8g/102g x 2eq/174g = 0.021mol -NR2 (ie applicant’s M3)
M1+2/Me is 0.169/0.606 = 0.28
M3/Me is 0.021/0.606 = 0.035
In regards to applicant’s dependent claims:
M3/M1+2 is 0.035/0.28 = 0.125 – meeting applicant’s claim 11.
The reference does not report the properties of applicant’s claims 14-16. Given the reference utilizes applicant’s materials in the same amounts, the same properties are assumed to result.
The composition is useful as an adhesive (paragraph 62) – meeting applicants claims 17 and 18.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J BUTTNER whose telephone number is (571)272-1084. The examiner can normally be reached M-F 9-3pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Kelley can be reached at 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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/DAVID J BUTTNER/Primary Examiner, Art Unit 1765 6/9/26
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