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
Claims 1, 3, and 5 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 December 18, 2025.
Applicant argues that there would be not serious burden on the Examiner to search all groups of the invention. This application is a 371 application and, thus, that is not a criteria for restriction. As stated below, the special technical feature does not make a contribution over Columbus et al (US 4,444,933) and, thus, the restriction is proper. However, upon finding the elected claims to be in condition for allowance, rejoinder will be considered where possible.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 16 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 16, the phrase "like" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c).
In the present instance, claim 16 recites the broad recitation that the plasticizer is of acetate type, and the claim also recites the acetate type is like any of the group of triacetin, which is the narrower statement of the range/limitation.
In the present instance, claim 16 recites the broad recitation that the plasticizer is of phthalate, and the claim also recites the phthalate is like diocytl phthalate, which is the narrower statement of the range/limitation.
In the present instance, claim 16 recites the broad recitation that the plasticizer is of trimellitate, and the claim also recites the trimellitate is trioctyl trimellitate, which is the narrower statement of the range/limitation.
In the present instance, claim 16 recites the broad recitation that the plasticizer is of adipate, and the claim also recites the adipate is dimethyl adipate, which is the narrower statement of the range/limitation.
In the present instance, claim 16 recites the broad recitation that the plasticizer is of benzoate, and the claim also recites the benzoate is diethylene glycol dibenzoate, which is the narrower statement of the range/limitation.
The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 6, 7, 9, 11, 12, 15, 16, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Columbus et al (US 4,444,933).
With regards to claim 6, Columbus teaches a cyanoacrylate-based adhesive composition (abstract) that contains a cyanoacrylate, a vinyl chloride/vinyl acetate copolymer (abstract), an anionic polymerization inhibitor and a free radical polymerization inhibitor (column 4, lines 20-55), a thickening agent (column 3, lines 18-58), and a catalyst for curing (column 4 lines 1-19). Columbus teaches the amount of the copolymer to be 14.279% (column 10 example 1). Columbus does not teach the addition of a solvent (entire disclosure and column 10 example 1).
With regards to claim 7, Columbus teaches the cyanoacrylate to include ethyl 2-cyanoacrylate (column 3 lines 59-67).
With regards to claim 9, Columbus teaches the anionic inhibitor to include sulfonic acid (column 4, lines 20-55).
With regards to claim 11, Columbus teaches the free radical polymerization inhibitor to include p-methoxyphenol (column 4, lines 20-55).
With regards to claim 12, Columbus teaches the thickening agent to include a polymethyl methacrylate (column 3, lines 31-58).
With regards to claim 15, Columbus teaches the addition of a plasticizer (column 6 line 53 to column 7 line 9).
With regards to claim 16, Columbus teaches the plasticizer to include phthalate compounds (column 6 line 53 to column 7 line 9).
With regards to claim 21, Columbus teaches a cyanoacrylate composition (abstract) that includes 55-92% of a cyanoacrylate monomer (abstract) that includes ethyl cyanoacrylate (column 3 lines 59-67), 0.001 to 0.05% of an anionic polymerization inhibitor that includes sulfonic acid (column 4, lines 20-55), 0.01 to 0.05% of a free radical polymerization inhibitor that includes hydroquinone (column 4, lines 20-55), a polymethyl methacrylate thickening agent (column 3, lines 32-58), 8% of a plasticizer (column 7 line 50 to column 8 line 9), and an external catalyst (column 4, lines 1-19).
Claims 6, 7, 9, 11, 12, and 15-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mcardle et al (WO 2015/059644).
With regards to claim 6, Mcardle teaches a cyanoacrylate composition that is an adhesive (abstract) that includes a cyanoacrylate compound (abstract), a mixture of radical stabilizing agents and acid stabilizing agent (page 5), thickeners (page 6), a copolymer of vinyl chloride and vinyl acetate (page 6) at a concentration from 2 to 10% (page 7), and a suitable accelerator (page 7). Mcardle does not teach the addition of a solvent (page 16 example 1).
With regards to claim 7, Mcardle teaches the cyanoacrylate to include methyl, butyl, or octyl (page 1).
With regards to claim 9, Mcardle teaches the acid inhibitor to include boron trifluoride (page 5).
With regards to claim 11, Mcardle teaches the free radical initiator to include hydroquinone (page 5).
With regards to claim 12, Mcardle teaches the thickener to include methyl polymethacrylate (page 16 example 1).
With regards to claim 15, Mcardle teaches the addition of a plasticizer (page 9).
With regards to claim 16, Mcardle teaches the plasticizer to include triacetin (page 17).
With regards to claim 17, Mcardle teaches the catalyst to include crown ether compounds (page 7).
With regards to claim 18, Mcardle teaches the addition of a thixotropic agent (page 7).
With regards to claim 19, Mcardle teaches the addition of a compound to improve the adhesion to metal substrates (page 7).
With regards to claim 20, Mcardle teaches the addition of an anhydride (page 19 table IV).
With regards to claim 21, Mcardle teaches an adhesive composition (abstract) that does not contain solvent (page 16 example 1) that contains a cyanoacrylate that includes ethyl cyanoacrylate at a concentration of 87.563% (page 16 example 1), an anionic inhibitor that includes methane sulfonic acid at a concentration of 0.016% (pages 16-17 example 1), a free radical inhibitor at a concentration of 0.04% (page 16 example 1) and that includes hydroquinone (page 5), methyl polymethacrylate at a concentration of 5.98% (page 16 example 1), a thixotropic agent at a concentration of 5.98% (page 16 example 1), a plasticizer that is triacetin (page 17 example 2), and an accelerator that includes crown ether at a concentration of 0.2% (page 16 example 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references also read on the limitations of claim 6: Pfjoan et al (WO 2016/038514) and Hersee et al (US 8,742,048).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA WHITELEY whose telephone number is (571)272-5203. The examiner can normally be reached 8 - 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached at 5712721130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JESSICA WHITELEY/Primary Examiner, Art Unit 1763