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 without traverse of Group I, claims 1-12 in the reply filed on 07/08/2026 is acknowledged.
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.
Claims 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Pub. No. 2005/0107556 to Tamura et al.
As to claims 1-10, Tamura discloses a phosphorus containing urethane(meth)acrylate with improved flame retardance (0090) comprising an initial reaction between a phosphorus containing polyol (Exolit OP550, same that is used in the applicants examples) represented broadly by the following formula:
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(0056) and isophorone diisocyanate followed by the reaction of all the NCO groups with 2-hydroxyethyl acrylate to obtain a multi-functional acrylate urethane containing phosphorus groups (Examples 1-5).
As to claims 11-12, the structures represented by the general formulas are prepared from a diisocyanate component, a phosphorus containing polyol, and hydroxyethyl acrylate until all NCO groups are reacted. In Examples of Tamura, initial reaction between a phosphorus containing polyol (Exolit OP550, same that is used in the applicants examples) represented broadly by the following formula:
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(0056) and isophorone diisocyanate followed by the reaction of all the NCO groups with 2-hydroxyethyl acrylate to obtain a multi-functional acrylate urethane containing phosphorus groups (Examples 1-5). This process is substantially identical to the process of the instant application. Because Ogura teaches a substantially identical process (same condensation reactions occuring under identical conditions) using identical amounts of analogous components as required by the instantly claimed invention, the claimed formulas presented in claims 11-12 would be inherently formed in the invention of Tamura.
Conclusion
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/MICHAEL L LEONARD/Primary Examiner, Art Unit 1763
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