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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/7/26 has been entered.
Response to Amendment
Amendments to the claims, filed on 12/18/25, have been entered in the above-identified application.
Any rejections made in the previous action, and not repeated below, are hereby withdrawn.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 103
Claims 1, 3-7, 9, and 11-13 are rejected under 35 U.S.C. 103 as obvious over De Vries et al (WO 2019/014593 A1) in view of Wu (US 6,512,033 B1).
Regarding claims 1, 3, 5, 7, 9, 11, and 12, De Vries teaches a polyurethane system formed with reactants of (A) an isocyanate component (e.g., Part I); and (B) (e.g., Part II) a polyol composition wherein the polyol composition (B) comprises catalysts of a non-tin metal compound and an amine-based catalyst, wherein the non-tin metal compound is selected from the group consisting of at least one zinc-containing organic metal catalyst (e.g., zinc octoate, zinc naphthenate, and/or zinc neodecanoate); wherein the polyol composition (B) further comprises a chemically acting blowing agent that is water; wherein the amine-based catalyst is a blocked amine catalyst; wherein the polyol composition (B) further comprises polyesterols (e.g., polyester polyol); wherein the polyol composition (B) further comprises a chain extender; wherein the polyol composition (B) further comprises auxiliary and/or additional agents (e.g., fillers and/or dispersing aids); wherein the isocyanate component (A) comprises polyisocyanates (abstract; para 3, 10, 28, 33, 36, 45, 48, 49, 51, 52).
De Vries fails to expressly teach wherein the polyol composition (B) comprises polytetrahydrofuran. However, De Vries teaches exemplary polyols include those disclosed in Wu, U.S. Pat. No. 6,512,033 at column 4, line 10 to line 64 (para 28).
Wu teaches suitable polyols include polytetramethylene ether diols (col 4, lines 10-29) which would have allowed one of ordinary skill in the art at the time of invention to at once envisage that of poly(tetramethylene ether) glycol (i.e., polytetrahydrofuran); or would have rendered obvious to one of ordinary skill in the art at the time of invention poly(tetramethylene ether) glycol (i.e., polytetrahydrofuran).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to use the poly(tetramethylene ether) glycol of Wu in the polyurethane system formed of De Vries, since De Vries gives direct motivation, and, since it is prima facie obvious to select a known material based on its suitability for its intended use (MPEP § 2144.07).
Regarding the limitation “non-solvent,” De Vries fails to expressly state the polyurethane system is non-solvent. However, De Vries teaches embodiments that specifically lack a solvent (claim 1) which would have suggested that of a non-solvent polyurethane system. Wu also suggests the use of plasticizers in its compositions as an alternative to solvents ( col 7, lines 8-15).
Regarding claims 4 and 6, De Vries teaches one or more zinc cocatalysts may be present in an amount of about 0.05 percent by weight to about 5 percent by weight based on the weight of Part 2 (i.e., Part B) (para 10); and the amine containing compound and/or the blocked compound may be present in Part 2, the polyol component, in an amount based on the weight of Part 2 of about 0.05 percent by weight or greater and about 5.0 percent by weight or less (para 43). These ranges lie within the ranges of the instant claims.
Regarding claim 13, De Vries teaches the constituents and composition of the non-solvent polyurethane of the instant claims, so it is deemed to possess an isocyanate index in a range from 80 to 200. As stated in In re Best, 562 F.2d 1252, 1255 (CCPA 1977): Where, as here, the claimed and prior art products are identical or substantially identical, or are produced by identical or substantially identical processes, the PTO can require an applicant to prove that the prior art products do not necessarily or inherently possess the characteristics of his claimed product. [citation omitted] Whether the rejection is based on "inherency" under 35 U.S.C. § 102, on "prima facie obviousness" under 35 U.S.C. § 103, jointly or alternatively, the burden of proof is the same, and its fairness is evidenced by the PTO's inability to manufacture products or to obtain and compare prior art.
Response to Arguments
Applicant’s arguments with respect to the instant claims have been considered but are moot due to the new grounds of rejection under 35 U.S.C. 103(a) in view of a new combination of prior art of record. The Applicant is directed to the 35 USC § 103 section above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. TCI (2026) teaches that poly(tetramethylene ether) glycol is synonymous with polytetrahydrofuran. Gantrade (2026) teaches poly(tetramethylene ether) glycol is a polyether diol.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN L VAN SELL whose telephone number is (571)270-5152. The examiner can normally be reached Mon-Thur, Generally 7am-6pm.
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NATHAN VAN SELL
Primary Examiner
Art Unit 1783
/NATHAN L VAN SELL/Primary Examiner, Art Unit 1783