DETAILED ACTION
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 .
Election/Restrictions
Applicant's election with traverse of Group I, claims 1 - 13 in the reply filed on Augus 17, 2026 is acknowledged. The traversal is on the ground(s) that the search for the composition according to claim 1 (Group I) would inevitably also function to search for art pertaining to the method for production (Group II). This is not found persuasive because as set out in the restriction, in addition to Group I having features not required by Group II, the shared technical feature does not make a contribution over the prior art of Zhao (Polymers, 2021, 13, 296).
The requirement is still deemed proper and is therefore made FINAL.
Claims 14 – 29 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on August 17, 2026.
Status of Claims
Claims 1 – 29 are pending.
Claims 14 – 29 are withdrawn.
Clams 1 – 6 are rejected.
Claims 7-13 are objected.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claim(s) 1 – 6 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (Polymers 2021) in view of Liebler et al. (US 2013/0300020).
The rejected claims cover, inter alia, a crosslinked polymeric composition comprising the following components: (i) a matrix comprising an epoxy-anhydride crosslinked polymer containing a multiplicity of ester linkages resulting from reaction between epoxy-containing and anhydride-containing molecules; and (ii) a hydroxy-containing solid filler component integrated into component (i) and engaged in dynamic reversible covalent crosslinking with component (i) by a reversible exchange reaction between the ester linkages and hydroxy groups in the hydroxy-containing solid filler; wherein the crosslinked polymeric composition behaves as a thermoset up to a temperature X and behaves as a processible thermoplastic at a temperature greater than X.
Dependent claim 2 further limits the epoxy-containing molecule. Dependent clams 3 – 6 further limit the anhydride-containing molecule.
However, Zhao discloses recyclable high-performance epoxy-anhydride resins with DMP-30 as the catalyst of transesterification reactions. Specifically, regarding claim 1, Zhao discloses a crosslinked polymeric composition (pg. 5 para 5 Here we consider that the copolymerization between epoxy and anhydride in the presence of DMP-30 is the main reaction during the curing process; pg. 6 para 1 …a crosslinked network structure containing a large number of ester bonds was formed by the curing reaction of anhydride and epoxy groups.) comprising the following components: (i) a matrix comprising an epoxy-anhydride crosslinked polymer (pg. 3 para 4 the liquid GA (glutaric anhydride) was poured into DGEBA (diglycidyl ether of bisphenol A) in proportion quickly and stirred at 130 C for about 10 min to make the mixture homogeneous. The reactive mixture was cured with a two-step program: 100 C for 2h, and 150C for 6h.) containing a multiplicity of ester linkages resulting from reaction between epoxy-containing and anhydride-containing molecules (pg. 6 para 1 a crosslinked network structure containing a large number of ester bonds was formed by the curing reaction of anhydride and epoxy groups); and a hydroxy- containing solid filler component integrated into component (i) (pg. 2 para 4 Here, DMP-30 plays a dual role, whose tertiary amines and hydroxyl groups are involved in the curing reaction of epoxy-GA, and the tertiary amines can catalyze TERs between ester bonds and alcoholic hydroxyl groups.; pg. 3 para 4 DMP-30 was added to the beaker. The mixture was then stirred magnetically at 80 C for about 3 min) and engaged in dynamic reversible covalent crosslinking with component (i) by a reversible exchange reaction between the ester linkages and hydroxy groups in the hydroxy-containing solid filler (pg. 2 para 1 The network topology can be rearranged via transesterification reactions (TERs) between ester bonds and hydroxyl groups at elevated temperatures, leading to the unique properties of materials such as malleability, self-healing, or reprocessability.; pg. 12 para 1 The effect of DMP-30 content was mainly attributed to the increase of the TER rate with the catalyst content.) wherein the crosslinked polymeric composition behaves as a thermoset up to a temperature X and behaves as a processible thermoplastic at a temperature greater than X (pg. 2 para 4 The dissolution and recycling mechanism is based on the TERs between ester bonds in the network and hydroxyl groups in EG, which is illustrated in Figure 1a: when an epoxy sample is immersed in EG and heated, the EG molecules diffuse into the network, and the network swells; at the same time, alcoholic hydroxyl groups attack the ester bonds on the polymer skeleton, which breaks the long polymer chains into short segments, resulting in the degradation of the network; pg. 15 para 1 The increase of DMP-30 content and temperature could advance the initiating point of dissolution and speed up the decomposition of epoxy resins. Finally, the decomposed epoxy oligomer reclaimed through evaporating excess EG was used as a reactive ingredient to prepare new epoxy resins with high modulus and ductility).
Regarding claim 2, the prior art of Zhao discloses the crosslinked polymeric composition of claim 1, wherein the epoxy-containing molecules are selected from bisphenol A diglycidyl ether, poly(ethylene glycol) diglycidyl ether, and mixture thereof (pg. 3 para 4 the liquid GA (glutaric anhydride) was poured into DGEBA (diglycidyl ether of bisphenol A) in proportion quickly and stirred at 130 C for about 10 min to make the mixture homogeneous.).
Regarding claim 3, the prior art of Zhao discloses the crosslinked polymeric composition of any one of claims 1-2, wherein the anhydride-containing molecules are monoanhydrides (pg. 3 para 4 the liquid GA (glutaric anhydride) was poured into DGEBA (diglycidy) ether of bisphenol A) in proportion quickly and stirred at 130 C for about 10 min to make the mixture homogeneous.).
The difference between Zhao and the instantly claimed invention is as follows: (claim 4) the monoanhydrides are selected from the group consisting of methyl nadic anhydride (MNA), tetrahydrophthalic anhydride (THPA), methyl tetrahydrophthalic anhydride (MTHPA), methylhexahydrophthalic anhydride MHHPA), maleic anhydride (MAH), phthalic anhydride (PA), and mixtures of any of these; (claim 5) the anhydride-containing molecules are dianhydrides; and (claim 6) the dianhydrides are selected from the group consisting of benzophenonetetracarboxylic dianhydride (BTDA), pyromellitic dianhydride (PMDA), 3,3'4,4'-biphenyltetracarboxylic acid dianhydride (BPDA), 4,4'-hexafluoroisopropylidenebisphthalic dianhydride (6FDA), 4,4'-oxydiphthalic 47 anhydride (ODPA), 4,4'-(4,4'-isopropylidenediphenoxy)diphthalic anhydride (BPADA), perylenetetracarboxylic dianhydride, and mixtures of any of these.
However, with regard to the monoanhydrides are selected from the group consisting of methyl nadic anhydride (MNA), tetrahydrophthalic anhydride (THPA), methyl tetrahydrophthalic anhydride (MTHPA), methylhexahydrophthalic anhydride MHHPA), maleic anhydride (MAH), phthalic anhydride (PA), and mixtures of any of these (claim 4); the Examiner turns to the teaching of Leibler. The prior art of Leibler discloses a crosslinked polymeric composition (para [0002] invention relates to resins and thermoset composites comprising them, these materials being able to be hot-fashioned). In Liebler the monoanhydrides are selected from the group consisting of methyl nadic anhydride (MNA), tetrahydrophthalic anhydride (THPA), methyl tetrahydrophthalic anhydride (MTHPA), methylhexahydrophthalic anhydride MHHPA), maleic anhydride (MAH), phthalic anhydride (PA), and mixtures of any of these (para [0080]-[0081] referentially, cyclic anhydrides may be used as hardeners. Certain common cyclic anhydrides are shown in table 1 below. Mention may also be made of maleic anhydride).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instantly claimed invention to combine these references to use maleic anhydride to form epoxy anhydride (Leibler para [0027] to obtain materials that have a high Tg and a high rigidity, epoxy resins are polymerized using as hardeners acid anhydrides).
Therefore, all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the instantly claimed invention. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (U.S. 2007).
With regard to the anhydride-containing molecules are dianhydrides (claim 5), the Examiner turns to the prior art of Leibler. The prior art of Leibler discloses a crosslinked polymeric composition (para [0002]. invention relates to resins and thermoset composites comprising them, these materials being able to be hot-fashioned) wherein the anhydride- containing molecules are dianhydrides (para [0081] Mention may also be made of pyromellitic dianhydride). It would have been obvious to one of ordinary skill in the art to combine these references to use pyromellitic dianhydride to form epoxy anhydride (para [0027] to obtain materials that have a high Tg and a high rigidity, epoxy resins are polymerized using as hardeners acid anhydrides).
Regarding, the dianhydrides are selected from the group consisting of benzophenonetetracarboxylic dianhydride (BTDA), pyromellitic dianhydride (PMDA), 3,3'4,4'-biphenyltetracarboxylic acid dianhydride (BPDA), 4,4'-hexafluoroisopropylidenebisphthalic dianhydride (6FDA), 4,4'-oxydiphthalic 47 anhydride (ODPA), 4,4'-(4,4'-isopropylidenediphenoxy)diphthalic anhydride (BPADA), perylenetetracarboxylic dianhydride, and mixtures of any of these (claim6), the Examiner turns to the teaching of Liebler. The prior art of Leibler further discloses wherein the dianhydrides are selected from the group consisting of benzophenonetetracarboxylic dianhydride (BTDA), pyromellitic dianhydride (PMDA), 3,3'4,4' -biphenyltetracarboxylic acid dianhydride (BPDA), ,4'-hexafluoroisopropylidenebisphthalic dianhydride (6FDA), 4,4'- oxydiphthalic anhydride (ODPA), 4,4'-(4,4'-isopropylidenediphenoxy)diphthalic anhydride (BPADA), perylenetetracarboxylic dianhydride, and mixtures of any of these (Para [0081] Mention may also be made of pyromellitic dianhydride).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instantly claimed invention to combine these references to use Pyromellitic dianhydride to form epoxy anhydride (Leibler para [0027] to obtain materials that have a high Tg and a high rigidity, epoxy resins are polymerized using as hardeners acid anhydrides).
Therefore, all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the instantly claimed invention. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (U.S. 2007).
Allowable Subject Matter
Claims 7-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: None of the prior art of record teaches or suggest a motivation for the hydroxy-containing solid filler component being comprised of a biomass, food waste of comprised of lignocellulosic waste.
Conclusion
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/YATE' K CUTLIFF/Primary Examiner, Art Unit 1692
