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 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 1, 4-6, 8-12, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. No. 2015/0225336 to Haeberle et al.
As to claims 1, 4-6, 8, 11-12, Haeberle discloses a process for the preparation of polycarbodiimides comprising carbodiimization of diisocyanates in the presence of phospholene oxide catalysts, separating the catalyst by distillation to obtain a mixture comprising carbodiimide and diisocyanate (0043), followed by a further distillation step (0072-0078) to obtain a mixture comprising polycarbodiimide, catalyst, and diisocyanate (0055, 0078). Haeberle further discloses the addition of an alcohol to the obtained mixture and reaction either completely or partially with the polycarbodiimide and diisocyanate with the alcohols such as methanol, ethanol, dodecanol, etc. (0085-0087). At the time of filing it would have been obvious to react the alcohol component with the polycarbodiimide mixture to covalently modify the product which allows for better compatibility with ester resins when the polycarbodiimide is used as a crosslinker (0084).
With regards to the claimed structure, the structures represented by the claimed formulas are be generated by carbodiimization reaction of diisocyanates, distillation of remaining residues and reaction of the carbodiimide and monomeric diisocyanate with an alcohol component. This process is substantially identical to the process taught in Haeberle Because Haeberle teaches a substantially identical process using identical amounts of analogous components as required by the instantly claimed invention, the claimed formulas would be formed in the invention of Haeberle.
As to claims 9-10, Haeberle discloses a distillation step at temperatures and pressures of 150 to 200°C and 0.1 to 10mbar (0073).
As to claim 15, Haeberle discloses a content of monomeric diisocyanate of 1 wppm to 100 wppm (0079).
Claims 2-3 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. No. 2015/0225336 to Haeberle et al. in view of U.S. Patent No. 5,246,993 to Scherzer et al.
As to claims 2-3 and 14, Haeberle discloses a process for the preparation of polycarbodiimides comprising carbodiimization of diisocyanates in the presence of phospholene oxide catalysts, separating the catalyst by distillation to obtain a mixture comprising carbodiimide and diisocyanate (0043), followed by a further distillation step (0072-0078) to obtain a mixture comprising polycarbodiimide, catalyst, and diisocyanate (0055, 0078). Haeberle further discloses the addition of an alcohol to the obtained mixture and reaction either completely or partially with the polycarbodiimide and diisocyanate with the alcohols such as methanol, ethanol, dodecanol, etc. (0085-0087). At the time of filing it would have been obvious to react the alcohol component with the polycarbodiimide mixture to covalently modify the product which allows for better compatibility with ester resins when the polycarbodiimide is used as a crosslinker (0084).
Haeberle does not expressly disclose the amount of alcohol component.
However, Scherzer within the same field of endeavor discloses a process for preparing polycarbodiimides that are further modified with less than 20 mol% of alcohol component (3:22-30) at temperatures of 50 to 200°C (2:64-65) wherein excess alcohol is distilled off (Example 5).
At the time of filing it would have been obvious to a person of ordinary skill in the art to add the alcohol taught in Haeberle within the amounts taught in Scherzer to establish a relatively uniform degree of condensation and allow for desirable facilitation of the carbodiimides into plastic materials during crosslinking (3:32-47).
Claims 7 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. No. 2015/0225336 to Haeberle et al. in view of U.S. Patent Pub. No. 2012/0123062 to Laufer et al.
As to claims 7 and 13, Haeberle discloses a process for the preparation of polycarbodiimides comprising carbodiimization of diisocyanates in the presence of phospholene oxide catalysts, separating the catalyst by distillation to obtain a mixture comprising carbodiimide and diisocyanate (0043), followed by a further distillation step (0072-0078) to obtain a mixture comprising polycarbodiimide, catalyst, and diisocyanate (0055, 0078). Haeberle further discloses the addition of an alcohol to the obtained mixture and reaction either completely or partially with the polycarbodiimide and diisocyanate with the alcohols such as methanol, ethanol, dodecanol, etc. (0085-0087). At the time of filing it would have been obvious to react the alcohol component with the polycarbodiimide mixture to covalently modify the product which allows for better compatibility with ester resins when the polycarbodiimide is used as a crosslinker (0084).
Haeberle does not expressly disclose the claimed diisocyanates.
However, within the same field of endeavor Laufer discloses carbodiimization of 1,3,5-triisopropyl-2,4-diisocyanatobenzene (0037).
At the time of filing it would have been obvious to a person of ordinary skill in the art to substitute the diisocyanates used in the process of Haeberle with the diisocyanate of Laufer to prepare polycarbodiimides to prepare products that have higher molecular weights, lower polydispersities, and higher compatibility with plastics when used as stabilizers (0076).
Conclusion
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/MICHAEL L LEONARD/ Primary Examiner, Art Unit 1763