Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Election/Restrictions
Claims 8-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Groups II-IV, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/16/2026.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claims 1-4 and 6-7 are rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Pub. No. 2009/0226645 to Shaffer et al.
As to claims 1-4, Shaffer discloses a polyaspartate composition comprising asymmetric polyaspartate resins comprising the reaction product of 14.56 equivalents of 4,4-diamino dicyclohexylmethane, 0.6552 equivalents of 1,6-hexanediol diacrylate, and 13.91 equivalents of diethyl maleate (Example 1). Shaffer discloses reacting the polyaspartate resins with aliphatic polyisocyanates (Desmodur XP2140 or N-100, based on hexamethylene diisocyanate (0052).
As to claim 6, Shaffer discloses a ratio of primary amino group to 1,6-hexanediol acrylate and diethyl maleate of 14.56:0.6552+13.91 (1:1).
As to claim 7, Shaffer discloses a molar ratio of polyaspartic acid ester to polyisocyanate that ranges from 1.0:0.8 to 1.0:2.0.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 6 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over U.S. Patent Pub. No. 2009/0226645 to Shaffer et al.
As to claim 6, Shaffer discloses a polyaspartate composition comprising asymmetric polyaspartate resins comprising the reaction product of 14.56 equivalents of 4,4-diamino dicyclohexylmethane, 0.6552 equivalents of 1,6-hexanediol diacrylate, and 13.91 equivalents of diethyl maleate (Example 1). Shaffer discloses reacting the polyaspartate resins with aliphatic polyisocyanates (Desmodur XP2140 or N-100, based on hexamethylene diisocyanate (0052).
Shaffer further discloses isophorone diisocyanate as a suitable alternative to the HDI oligomers used in the examples (0031). At the time of filing it would have been obvious to a person of ordinary skill in the art to substitute one known alternative (HDI) for another known alternative (IPDI) with the expectation that said substitution would provide the desired properties to the coating composition, such as protecting the coating from the elements (0007).
Conclusion
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.
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/MICHAEL L LEONARD/ Primary Examiner, Art Unit 1763
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