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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Election/Restrictions
The restriction mailed November 13, 2025 is withdrawn, as applicants have amended such that the claims do not lack unity of invention.
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 1, 3-4, 7-9, 11, 13-21, 23 and 29-31 are rejected under 35 U.S.C. 103 as being unpatentable over Sylvester (US 2018/0043393) in view of Sinko (US 2002/0197468), and further in view of Valko (US 2009/0045071), as evidenced by PPG (Desoprime CA7502 Chrome-Free Epoxy Primer Technical Data Sheet, PPG Aerospace, 2015, 6 pages), PPG (CA 7502B Activator Component, PPG, 2005, 16 pages) and PPG (CA 7502B Base Component, PPG, 2025, 18 pages).
Sylvester teaches a system for treating a metal substrate comprising a pretreatment composition and a sealing composition (Abstract). Sylvester teaches that after the substrate is treated with the sealing composition, a coating composition comprising a film-forming resin may be deposited onto at least a portion of the surface of the substrate that has been contacted with the sealing composition, where the coating composition comprising the film-forming resin may be an electrodepositable composition (p. 11, [0092]). Sylvester teaches that the electrodepositable composition may comprise an ionic salt group containing film-forming polymer, including anionic salt group containing firm-forming polymer for use in an anionic electrodepositable coating composition (p. 11, [0094] and p. 12, [0097]). Sylvester teaches that the electrodepositable coating composition may further comprise a curing agent (p. 12, [0100]).
Sylvester teaches that the substrate that has been contacted with the sealing composition may also be contacted with a primer composition, which includes chromate-free primer coats, such as Desoprime CA7502, which can pass certain military requirements (p. 13, [0112]); however, does not teach or suggest the makeup of the primer.
Note Desoprime CA7052 is a chrome-free high solids epoxy primer for use in aircraft exterior, which uses a polyamide curing agent, as evidenced by PPG (p. 1).
Sinko teaches corrosion inhibitor composition applicable for aluminum and steel protection comprising dimercapto derivatives of thiaiazoles or benzothiazoles (p. 1, [0012]). Sinko teaches that these corrosion inhibitors as suitable for use in aircraft primers, which are high performance organic coatings that are applied to aluminum for protection (p. 1, [0005] and Example 3). Sinko exemplifies the primer as comprising an epoxy resin and a polyamide hardener (p. 4, Table 3). The primer is not electrodeposited.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have used an epoxy primer comprising the claimed azole corrosion inhibitor of Sinko as the primer in Sylvester, as Sinko teaches that these are suitable for use for protection of aluminum substrates, and are particularly useful in aircraft primers, which are taught by Sylvester.
Sylvester in view of Sinko is prima facie obvious over instant claims 1, 11, 13-15 and 17.
As to claims 1 and 3, Sylvester teaches the anionic electrodepositable coating composition to include phosphatized polyepoxide, and does not teach the inclusion of carbamate groups (p. 12, [0098]).
As to claim 4, Sylvester teaches the curing agent for the electrodepositable coating composition to include partially blocked polyisocyanates, aminoplast resins and phenoplast resins (p. 12, [0100]).
As to claims 7-9, Sylvester cites US 2009/0045071, or Valko, for teaching the phosphatized polyepoxide electrodepositable coating composition (p. 12, [0098]). Valko teaches that the electrodepositable coating composition can include azole corrosion inhibitors (p. 2, [0019]). Therefore including the azole corrosion inhibitor OR excluding it from the electrodepositable coating composition is prima facie obvious.
As to claim 16, Sylvester cites App. No. 10/758973, which is the same as US 7,601,425, for teaching corrosion resistant primers, who teaches that the primer can also include a polyester resin blend which is cured with an isocyanate (col. 33, ll. 5-45). Therefore, using an epoxy based primer or polyester based primer, in combination with the azole corrosion inhibitor is prima facie obvious.
As to claims 19-20, Sinko teaches the corrosion inhibitors to include dimercapto derivatives of thiaiazoles or benzothiazoles, and salt derivatives thereof, which includes zinc salts, exemplifying the use of ZnDMTD, or zinc 2,5-dimercapto-1,3,4-thiadiazole. The mercapto derivative of benzothiazole is known in the art as mercaptobenzothiazole, and choosing a zinc salt thereof is prima facie obvious based on the teachings of Sinko.
As to claims 21 and 23, Sylvester teaches the pretreatment and sealing of an aluminum substrate, teaching that the substrate can be coated with an electrodepositable coating after the sealing composition. Sylvester exemplifies application of a primer to an electrocoated panel (p. 20, [02224]). Therefore, applying the primer on top of the electrodepositable coating is prima facie obvious.
Claims 1, 3-4, 7-9, 11, 13-21, 23 and 29-31 are rejected under 35 U.S.C. 103 as being unpatentable over December (US 6,342,144) in view of Sinko (US 2002/0197468).
December teaches a cured multilayer coating which comprises applying by electrophoretic deposition a first curable composition (I) to a substrate, and applying a second curable coating composition (II) to the applied first curable coating composition (I) (Abstract). December teaches the composition as being suitable for aluminum substrates (col. 20, ll. 31-33).
December teaches the curable coating composition (I) to include anodic coating compositions (col. 5, ll. 22-30), and includes carbamate functional resins (col. 6, ll. 1-64) and curing agents (col. 16, ll. 17-51).
December teaches a second curable coating composition (II) which can be applied using methods other than electrophoretic deposition, such as spraying (col. 20, ll. 55-62). December teaches that the composition comprises (a) one or more active hydrogen-containing groups, such as those having hydroxyl or epoxy functional groups (col. 21) and (b) a curing agent such as aminoplastic resins, block isocyanate curing agents (col. 26).
December teaches that the curable composition can include corrosion inhibiting pigments, such as strontium chromate (col. 28, ll. 15-27), but does not teach or suggest the claimed azole inhibitors.
Sinko teaches an corrosion inhibitor composition applicable for aluminum and steel protection comprising dimercapto derivatives of thiaiazoles or benzothiazoles (p. 1, [0012]), teaching that it is an effective replacement of chromates, such as strontium chromate, in organic coatings intended for aluminum protection (p. 1, [0009]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have substituted the strontium chromate corrosion inhibiting pigment of December with the azole compounds of Sinko, as Sinko teaches that they are replacements for strontium chromate in organic coatings used to protect aluminum.
December in view of Sinko is prima facie obvious over instant claims 1, 4, 11, 17.
As to claims 7-9, December teaches that the curable coating composition (I) may further contain strontium chromate as well, therefore, excluding the strontium chromate is prima facie obvious, as its inclusion is optional. Alternatively, substituting the strontium chromate in (I) of December with the azole based corrosion inhibitors of Sinko is prima facie obvious.
As to claims 13-16, December teaches the second curable coating composition (II) to include acrylics, polyesters, epoxies, polyurethanes, etc. which have epoxy or hydroxyl functional groups (col. 21, ll. 13-24), which are cured with aminoplast resins, block isocyanate curing agents (col. 26).
As to claims 19-20, Sinko teaches the corrosion inhibitors to include dimercapto derivatives of thiaiazoles or benzothiazoles, and salt derivatives thereof, which includes zinc salts, exemplifying the use of ZnDMTD, or zinc 2,5-dimercapto-1,3,4-thiadiazole. The mercapto derivative of benzothiazole is known in the art as mercaptobenzothiazole, and choosing a zinc salt thereof is prima facie obvious based on the teachings of Sinko.
Claims 21, 23 and 29-31 can be similarly rejected, as above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIEANN R JOHNSTON whose telephone number is (571)270-7344. The examiner can normally be reached Monday-Friday, 8:00 AM - 4:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski can be reached at (571)272-1302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Brieann R Johnston/Primary Examiner, Art Unit 1766
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