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 .
DETAILED ACTION
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 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (WO 2016/137671 A1 (Sep. 1, 2016) equivalent to US 10.329,464.
Chen teaches a cured adhesive obtained from a mixture of a part A and a part B in table II of WO.
Chen teaches a cured adhesive obtained from a mixture of a part B comprising 32.5 g of E-828, 32.5 g of MX-257 and 66.0 of MX-416 at top of page 20.
Chen teaches a part B comprising 32.5 g of E-828, 32.5 g of MX-257 and 66.0 of MX-416 at top of page 20 in which a ratio of the part A and Part B being 2:1 is further taught.
The MX 257 is also taught in instant table 2 at page 12 of specification as second core-shell rubber particles. The MX-257 would meet the instant component A), 4) of claim 1.
The MX-416 is taught in the instant table 2 at page 11 12 of specification as first CSR particles. The MX-416 would meet the instant component A), 3) of claim 1.
Although components of the part A and part B of Chen are different from the part A and part B recited in the instant claim 1, such different components of the part A and part B would have little probative for the cured adhesive obtained the mixture of part A and part B as long as the mixture comprise all of the recited components of the instant claim 1. An invention in a product-by-process is a product, not a process. See In re Brown, 459 F2d 531, 173 USPQ 685 (CCPA 1972) and In re Thorpe, 777 F2d 695, 697, 227 USPQ 964 (Fed. Cir. 1985). MPEP 2113.
Further, the instant claim 1 silent as to amounts of a second epoxy resin and a third and/or fourth core-shell rubber particles and a ratio of the recited part A and part B, and thus the cured adhesive obtained from a mixture of a part A and a part B taught in the table 2 would meet the instant cured adhesive of claim 10.
Chen teaches bonding two substrates (i.e., aluminum panel) in lines 7-9 of page 16 further meeting the instant claims 11 and 12.
Thus, the instant invention lacks novelty.
REASONS FOR ALLOWANCE
The fundament difference between the instant invention and that of Chen would be the followings.
Both parts A and B of the instant invention comprise an epoxy resin as opposed to the only part B comprising an epoxy resin taught by Chen. A mixture of core-shell rubber particles (i.e., MX-257 and MX-416) is present with the part A comprising a polyamine (i.e., an epoxy curative) in the instant invention as opposed to the part B of Chen without the polyamine.
The examiner does not see any motivation to modify the two-part adhesive of Chen in order to arrive at the instant two-part adhesive.
Thus, claims 1-9 and 13-18 are allowed.
EXAMINER’S COMMENT
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. A.
Popp (CA 2753569 A1 (Sep. 2, 2010), published as WO 2010/099281 A1 (Sep. 2, 2010)) teaches a precursor composition for a curable adhesive comprising two parts, part A and part B at page 20 in which utilization of MX-156 (i.e., the instant first CSR particles, see instant table 1 at page 10 of the specification) is taught. Although Popp teaches MX-257 (i.e., the instant component A), 4) of claim 1) at page 17, Popp fails to teach a mixture of the MX-156 and MX-257 in the part A comprising polyamines.
Chen (US 2018/0030319 A1, Feb. 1, 2018) teaches two-part adhesive compositions in Tables 1 A and 1B. Although Chen teaches a mixture of MX-257 and Mx-416 in the part B of the Table 2, the part B is absent from the instant polyamines of a first part of claim 1.
The examiner does not see any motivation to modify the two-part adhesive of Popp and Chen in order to arrive at the instant two-part adhesive comprising the part A comprising the polyamine and a mixture of core-shell particles (e.g., a mixture of MX-257 and MX-416).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAE H YOON whose telephone number is (571)272-1128. The examiner can normally be reached Mon-Fri.
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/TAE H YOON/ Primary Examiner, Art Unit 1762
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