Prosecution Insights
Last updated: April 19, 2026
Application No. 18/566,710

POLYASPARTIC COMPOSITIONS

Non-Final OA §101§102§112
Filed
Dec 04, 2023
Examiner
LEONARD, MICHAEL L
Art Unit
1763
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Vencorex France SAS
OA Round
1 (Non-Final)
64%
Grant Probability
Moderate
1-2
OA Rounds
3y 3m
To Grant
72%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allow Rate
839 granted / 1319 resolved
-1.4% vs TC avg
Moderate +8% lift
Without
With
+8.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
64 currently pending
Career history
1383
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
50.5%
+10.5% vs TC avg
§102
19.2%
-20.8% vs TC avg
§112
18.7%
-21.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1319 resolved cases

Office Action

§101 §102 §112
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. Specification The disclosure is objected to because of the following informalities: The specification contains formulas that are unclear, either because they are not complete or they are absent. Please update the specification. Appropriate correction is required. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. 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 appl icant regards as his invention. Claim s 1-1 6 are 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. Claim 1 recites the limitation "the viscosity" in line 4. There is insufficient antecedent basis for this limitation in the claim. Claim 1 recites the limitation "the mass ratio " in line 7 . There is insufficient antecedent basis for this limitation in the claim. Claim 1 recites the limitation "the molar ratio " in line 8 . There is insufficient antecedent basis for this limitation in the claim. Claim 1 recites the limitation "the number of NCO functions " in line 8 . There is insufficient antecedent basis for this limitation in the claim. Claim 1 recites the limitation "the number of NH functions " in line 9 . There is insufficient antecedent basis for this limitation in the claim. Claim 2 does not contain a formula. It is unclear how to interpret a polyaspartic ester according to a general formula when no general formula is provided. Claim 3 recites the limitation "the aliphatic residue " in line 1 . There is insufficient antecedent basis for this limitation in the claim. Claim 4 contains formulas that are unclear, there are missing connecting points, unclear R-values, and blank spots within the formulas. Please update the formulas for clarity. Claim 7 does not contain a formula. It is unclear how to interpret a polyaspartic ester according to a general formula when no general formula is provided. Claim 9 does not contain a formula. It is unclear how to interpret a polyfunctional isocyanate according to a general formula when no general formula is provided. Claim 14 is rejected under 35 U.S.C. 101 because the claimed invention is not supported by either a asserted utility or a well-established utility. Claim 14 provides for the use of the polyurethane but, since the claim does not set forth any steps involved in the method/process, it is unclear what method/process applicant is intending to encompass. A claim is indefinite where it merely recites a use without any active, positive steps delimiting how this use is actually practiced. Claim 14 is also rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph. Specifically, because the claimed invention is not supported by either a asserted utility or a well-established utility for the reasons set forth above, one skilled in the art clearly would not know how to use the claimed invention. 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. Claim s 1-16 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by U.S. Patent Pub. No. 2016/0168312 to Klucker et al. As to claims 1-6, Klucker discloses a coating composition comprising a polyaspartic ester compound (Desmophen NH-1420) that has the following formula: And an isocyanate component comprising 60% by mass or 80% by mass of Tolonate X-Flo 100 which is a polyisocyanate of the allophanate type prepared from hexamethylene diisocyanate that has a viscosity of 130 mPa*s and NCO content of 12.6% and 40% by mass or 20% by mass of HDT-LV2 which is polyisocyanate of the isocyanurate type prepared from hexamethylene diisocyanate that has a viscosity of 450-750 mPa*s and a NCO functionality of 22-24% (Abstract, 0111-0142, Composition B4, B5, Example 1, Table 0155). Klucker discloses a NCO:NH ratio of 1:1 (0155). As to claims 7-8, Klucker discloses an NCO functionality of the allophanate of 2 ± 0.1 (0033) that is prepared from an aliphatic polyether monoalcohol and hexamethylene diisocyanate (0034-0042). As to claims 9-11, Klucker discloses HDT-LV2 which is polyisocyanate of the isocyanurate type prepared from hexamethylene diisocyanate that has a viscosity of 450-750 mPa*s and a NCO functionality of 22-24% as the second polyisocyanate component (See Examples). As to claim 12, the additive is optional. As to claims 13-16, Klucker discloses a process for preparing a coating composition used to cover floors (0022) comprising preparing a polyaspartic ester composition, a polyisocyanate composition and mixing the compositions together to obtain the coating (Example 1). Relevant Cited Art U.S. Patent Pub. Nos. 2021/0277277 and 20210032407 also meet applicants claims and teach mixtures of allophanate containing polyisocyanates and isocyanurate containing polyisocyanate are reacted with polyaspartic acid esters of the claimed formulas. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT MICHAEL L LEONARD whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-7450 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M - F 7:00-4:00 . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Joseph Del Sole can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-1130 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MICHAEL L LEONARD/ Primary Examiner, Art Unit 1763
Read full office action

Prosecution Timeline

Dec 04, 2023
Application Filed
Mar 09, 2026
Non-Final Rejection — §101, §102, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
64%
Grant Probability
72%
With Interview (+8.0%)
3y 3m
Median Time to Grant
Low
PTA Risk
Based on 1319 resolved cases by this examiner. Grant probability derived from career allow rate.

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