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 .
Claim Rejections - 35 USC § 103
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.
Claims 16-31 are rejected under 35 U.S.C. 103 as being unpatentable over CN-101294046 to Yang et al. with evidence provided by CN-110885663 to Jianfeng et al. and U.S. Patent Pub. No. 2018/0118900 to Thevenieau et al.
As to claims 16-25, Yang discloses a UV-curable polyurethane waterborne coating composition comprising a polyurethane dispersion containing polythiols and a polyurethane acrylate containing unsaturated double bonds that are mixed at a mercapto:double bond ratio of 0.8:1 (0024, range from 0.2-1:1, 0013) in the presence of a crosslinking agent and a polyacrylate thickener. Yang discloses a polyurethane comprising a polyester backbone derived from adipic acid, 2,2-dimethylolpropionic acid, and isophorone diisocyanate that is reacted with a 1,2,3-trimercaptopropane to prepare the thiol containing polyurethane with a polyester backbone. Yang discloses a content of mercapto groups of 1.05 x 102 to 1.26 x 103 mol/g and a solids content of 15-65% (0011). Yang discloses a polyurethane acrylate comprising the reaction or 2-hydroxyethyl methacrylate or trimethylolpropane diacrylate and a polyisocyanate wherein the double bond concentration is 1.0 x 104 to 1.05 x 10 mol/g with a solids content of 15-65% (0012).
Yang does not expressly disclose a crystalline polyester polyol. However, Jianfeng teaches polyester polyols with a weight average molecular weight of 1000-20000 (0011) prepared from adipic acid and at least one diol or polycaprolactone diols are crystalline polyester polyols (0033). Accordingly, based on Jianfeng the polyester polyols used in Yang would be classified as crystalline. Further, the use of crystalline polyester polyols enhances initial bonding performance (0033). At the time of filing it would have been obvious to a person of ordinary skill in the art to use the crystalline polyester polyol to improve initial bonding of the coating composition to a desirable substrate.
As to claim 26, Yang discloses the polythiols such as 1,2,3-trimercaptopropane and pentaerythritol or 2,3-di(2,2’mercaptoethyl) propanetiol (0015).
As to claims 27-31, Yang discloses crosslinking the composition in the presence of suitable photoinitiators (See Examples) to prepare a crosslinked composition (0018) that are green, environmentally friendly and that can be applied in environmental protection, construction, home appliances, and optical fibers (0008).
Further, the use of crosslinked polymers comprising polymers with thiol functional groups and polymers with unsaturated groups in the use of medical implants was known at the time of filing. This is supported by Thevenieau et al. (Abstract, 0251, 0252). Therefore, it is maintained that it would have been obvious to one have ordinary skill in the art to have produced an implant, per the teachings of Thevenieau using the crosslinked composition of Yang with the reasonable expectation of success. This is because teaching of “desired final products” implicity suggest the production of any conventional product, inclusive of medical implants as presently claimed, to one having ordinary skill in the art.
Conclusion
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/MICHAEL L LEONARD/ Primary Examiner, Art Unit 1763
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