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 1-3, 5-14, and 15-21 are rejected under 35 U.S.C. 103 as being unpatentable over JP- 2006273986 to Yanagi. (Cited on IDS) in view of U.S. Patent No. 7,612,151 to Minamida et al.
As to claims 1-3, 5-11, 13-14, and 21, Yanagi discloses a hot melt polyurethane adhesive comprising 75 parts of a crystalline polyester polyol (composed of adipic acid and 1,6-hexanediol with a molecular weight of 4500), 75 parts of amorphous polyester polyol E (glass transition of less than 0°C, -42°C, molecular weight of 3,000 composed of isophthalic acid, adipic acid, sebacic acid, neopentyl glycol, 1,6-hexanediol, 50 parts of amorphous polyester F (glass transition of 26°C, molecular weight of 1,000 composed of phthalic acid and neopentyl glycol (0023), and polyisocyanate (4,4-MDI) that is reacted at an NCO:OH ratio of 1.5-2.0 (Examples 4-5). In example 5, the amount of 4,4-MDI used is 45 grams (2.0 NCO:OH ratio = 0.1834 mols of NCO X 250 (MW). Therefore, the content of each component in the adhesive is the following:
MDI: 45 / 245 (total weight) = 18.9%
Crystalline polyester: 75 / 245 = 30.6%
Amorphous polyester E (Tg = -42°C = 30.6%
Amorphous polyester (F (Tg = 26°C = 20.4%.
The content of amorphous polyester E sits on the end range of the claims, i.e. 30%.
Yanagi teaches a proportion of crystalline polyester polyol that ranges from 30 to 70% (0008).
At the time of filing it would have been obvious to the skilled artisan to increase the content of crystalline polyester polyol that would simultaneously decrease the content of amorphous polyester E within the claimed ranges to prepare an adhesive with good workability, high adhesive strength, and that remains a flexible and strong adhesive layer even after cooling, solidifying, and hardening (0007, 0017). The adhesives oil resistance properties would be obvious based on the same chemical composition.
Yanagi does not expressly disclose the addition of 2 to 20 wt% of a polyether polyol.
However, Minamida discloses a moisture curable polyurethane hot melt adhesive comprising a polyol mixture of polyester polyols and polyether polyols wherein the content of polyether polyol within the polyol mixture ranges from 10 to 20 mass parts (9:60).
At the time of filing it would have been obvious to a person of ordinary skill in the art to add the polyether polyol component of Minamida to the adhesive composition of Yanagi to achieve excellent adhesive strength (9:8-12, 63-64).
As to claims 12 and 17-19, Yanagi discloses reacting the composition in the presence of tertiary amine and tin-based catalysts to prepare the adhesive (See Examples, 0019).
As to claim 16, Yanagi discloses substrates adhered with the above adhesive (0002).
As to claim 20, Yanagi discloses viscosity values ranging from 5,000 - 10,000 mPa*s (Examples 1-5).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 5-14, and 15-21 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.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached at 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL L LEONARD/Primary Examiner, Art Unit 1763
Prosecution Insights