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 Status
Claims 1-20 are pending. Claims 1-20 are under examination in their entirety. Claims 1-20 are rejected. No claims allowed.
Filing Receipt
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Claim Objections
Claim 16 is objected to because of the following informalities: “tolylenediamine” is a misspelling of toluenediamine. Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3 and 7-20 is/are rejected under 35 U.S.C. 103 as being
unpatentable over Vedage et al. (US Patent 5,360,934, Patent date 11-1994) and Yang et al. (US Patent 5,208,379, Patent date 05-1993).
Scope of the Prior Art
Vedage et al. teach a rhodium/ruthenium (Rh/Ru) kappa Al2O3/Al2O3 LiOH catalysts used to hydrogenate bis(para-aminophenyl)methane (MDA, methylenediamine) and toluenediamines (TDA) to produce the hydrogenated counterparts (columns 9-10 Table 3, column 2, lines 15 to the bottom). The counterparts being the claimed ring-hydrogenated equivalents. The MDA and TDA are interpreted to be polyamines.
The rhodium/ruthenium (Rh/Ru) kappa Al2O3/Al2O3 LiOH catalysts read on current claims 2 and 8
The MDA and TDA read on claim 16. The Rh/Ru catalysts taught by Vedage et al. read on claims 1-9, and 18. Concerning claim 1 and the support, the Al2O3 reads on this limitation.
Concerning claim 3, Vedage et al. teach 2.8g 2.7% Rh to 0.3g 5% Ru or 2.8*0.027 to 0.3*0.05 or 0.0756g to 0.015g or 5 to 1 Rh/Ru by weight (columns 9-10 Table 3). This overlaps the claimed range of 1 to 20 Rh to Ru.
Concerning claim 7, Vedage et al. teach 2.8g 4% Rh to 0.3g 5% Ru or 2.8*0.04
to 0.3*0.05 or 0.112g to 0.015g or 7 to 1 Rh/Ru by weight. This overlaps the claimed
range of 6 to 15 Rh to Ru (columns 9-10 Table 3).
Concerning claim 9 and the 4 to 25 parts per wt. of Ru to Al2O3, Vedage et al. 0.3g 5% Ru/Al2O3. The 5% overlaps the current range of 4 to 25.
Concerning claim 10 and 19-20, Vedage et al. teach solvents can be used at 75
to about 500% by weight of the starting compound (column 3, lines 58-65). This overlaps the claimed range.
Concerning claim 11 and the pressures, Vedage et al. teach 200 to 1500 psig (column 4, lines 1-10). 200 to 1500 psig is 1.38 to 10.34 MPa. This overlaps the claimed range.
Concerning the claimed impurities, Vedage et al. teach “systems containing impurities such as oligomers of MDA can be used thus providing for lower equipment costs and operating costs” (column 4, lines 1-10). This teaching of impurities is interpreted to be open ended and not limited to oligomers of MDA.
Ascertain the Differences
Vedage et al. does not teach the source of the aromatic amines is from a polyurethane decomposition process.
Secondary References
Yang et al. teach the decomposition of polyurethane foam with tetrabutyl ammonium hydrogen sulfate and NaOH to produce TDA (Example 1 and 23, column 10). The TDA taught by Yang et al. overlaps the polyamines taught by Vedage et al. The tetrabutyl ammonium hydrogen sulfate contains 12 carbon atoms, current claim 12 step a). Concerning step b) of claim 12, Yang et al. teach extracting with cyclohexane when separating the polyols from the THF soluble product (Example 23).
Concerning claim 12 and 13 and the organic sulfonate having at least 7 carbons, Yang et al. teach the following (column 5).
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Concerning claim 13 and 14 and the base having a pKb of 1 to 10 or <1, Yang et al. teach calcium and sodium hydroxides respectively (column 5).
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Concerning claim 14 and the 6 to 12 carbon atom cation comprising a benzyl radical, Yang et al. teach benzyltriethyl ammonium column 9, Table III. The benzyltriethyl ammonium is a 13 carbon atom cation. Yang et al. teach quaternary ammonium salts that overlap within the 6 to 12 carbon atom cation. See Yang et al. column 5, lines 1-10. Wherein a C8 alkyltrimethyl ammonium salt can be selected. This is a 11 carbon cation.
Obviousness
It would have been prima facie obvious for an ordinary artisan before the effective filing date of the claimed invention to have utilized the polyamine product from the decomposition of polyurethane foams taught by Yang et al. as a source of polyamines in the hydrogenation reactions taught by Vedage et al. with a reasonable expectation of success. The ordinary artisan would have done so to satisfy a source for polyamines. A reasonable expectation of success being from the fact that polyamines containing TDA and impurities were taught by Vedage et al. to be hydrogenated.
Concerning the claimed up to 25% by weight of impurities and current claim 17, substantially identical methods yield substantially identical products. See MPEP 2112.01 I. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
The claimed process involves the hydrolysis of polyurethane using a base and tetrasubstituted amine cation and sulfate anion with a subsequent hydrogenation of the extracted product. See current claim 12. The prior art was argued above to render the current method obvious. Thus, the methods of the prior art are substantially identical to those of the prior art. Therefore, the product of the decomposition of polyurethane arrived at by the ordinary artisan would have the impurities as currently claimed.
Concerning claim 3, 7 and 9-11, MPEP 2144.05 I.: “In the case where the
claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976).”
Claim(s) 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vedage et al. (US Patent 5,360,934, Patent date 11-1994) and Yang et al. (US Patent 5,208,379, Patent date 05-1993) as applied to claims 1-3 and 7-20 and in further view of Ding et al. (CN1331839, 08-2007).
Scope of the Prior Art
The teachings of Vedage et al. and Yang et al. are in the above 103 rejection and are incorporated by reference. Concerning claim 5 and the amount of Ru to general support, Vedage et al. teach 5% Ru to Al2O3 (Table 3, columns 9 and 10). The 5% overlaps the current range of 2 to 8.
Ascertain the Differences
Vedage et al. does not teach the lithium aluminate (LiAlO2) support.
Secondary References
Ding et al. teach hydrogenation catalysts for hydrogenating methylenedianiline can be alumina or lithium aluminate (claim 4 of Ding et al.).
Obviousness
It would have been prima facie obvious for an ordinary artisan before the effective filing date of the claimed invention to have substituted and/or tried the lithium aluminate support taught by Ding et al. in place of the alumina taught by Vedage et al. and/or Ding et al. in the hydrogenation reactions taught by Vedage et al. with a reasonable expectation of success.
The ordinary artisan would have done so to substitute one known method for another to obtain predictable results. See MPEP 2141 III (B). MPEP 2141 (E) "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success.
A reasonable expectation of success from the fact that catalytic supports of
alumina or lithium aluminate are used in the hydrogenation of polyamines that overlap in scope taught by methylenedianiline.
Concerning claim 5, MPEP 2144.05 I.: “In the case where the
claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976).”
The ordinary artisan in need of catalyst support weight ranges of claim 5 would have looked to Vedage et al. (Table 3, columns 9 and 10) and found 5% Ru to Al2O3. The 5% overlaps the current range of 2 to 8.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,612,503 in view of Vedage et al. (US Patent 5,360,934, Patent date 11-1994), Yang et al. (US Patent 5,208,379, Patent date 05-1993) and Ding et al. (CN1331839, 08-2007).
Although the conflicting claims are not identical, they are not patentably distinct from each other because the instantly claimed subject matter embraces or is embraced by the patented subject matter. For example, 503’ claims the following.
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Concerning the claimed limitations pertaining to the currently claimed hydrogenation, which 503’ does not claim and or any remaining limitations on the decomposition of polyurethane (hydrolysis), see the teachings of Vedage et al., Yang et al. and/or Ding et al. as written in the above 103 rejection and incorporated by reference.
Consequently, the ordinary artisan would have recognized the obvious variation of the instantly claimed subject matter over the patented subject matter.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of copending Application No. 18/839,569 in view of Vedage et al. (US Patent 5,360,934, Patent date 11-1994), Yang et al. (US Patent 5,208,379, Patent date 05-1993) and Ding et al. (CN1331839, 08-2007).
Although the conflicting claims are not identical, they are not patentably distinct from each other because the instantly claimed subject matter embraces or is embraced by the patented subject matter. For example, 569’ claims the following.
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Concerning the base in the current claims, Yang et al. teach the current bases and also teach “While the strong base used may be any base having a high pkb” (column 3, lines 14-20). Thus going from an amine base as claimed in 569’ to the current bases would have been obvious.
Concerning the claimed limitations pertaining to the currently claimed
hydrogenation, which 569’ does not claim and or any remaining limitations on the decomposition of polyurethane (hydrolysis), see the teachings of Vedage et al., Yang et al. and/or Ding et al. as written in the above 103 rejection and incorporated by reference.
Consequently, the ordinary artisan would have recognized the obvious variation of the instantly claimed subject matter over the copending subject matter.
This is a provisional nonstatutory double patenting rejection.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/839,819 in view of Vedage et al. (US Patent 5,360,934, Patent date 11-1994), Yang et al. (US Patent 5,208,379, Patent date 05-1993) and Ding et al. (CN1331839, 08-2007).
Although the conflicting claims are not identical, they are not patentably distinct from each other because the instantly claimed subject matter embraces or is embraced by the patented subject matter. For example, 819’ claims the following.
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Concerning the base in the current claims, Yang et al. teach the current bases and also teach “While the strong base used may be any base having a high pkb” (column 3, lines 14-20). Thus going from an amine base as claimed in 819’ to the current bases would have been obvious.
Concerning the claimed limitations pertaining to the currently claimed
hydrogenation, which 819’ does not claim and or any remaining limitations on the decomposition of polyurethane (hydrolysis), see the teachings of Vedage et al., Yang et al. and/or Ding et al. as written in the above 103 rejection and incorporated by reference.
Consequently, the ordinary artisan would have recognized the obvious variation of the instantly claimed subject matter over the copending subject matter.
This is a provisional nonstatutory double patenting rejection.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of copending Application No. 18/839,078 in view of Vedage et al. (US Patent 5,360,934, Patent date 11-1994), Yang et al. (US Patent 5,208,379, Patent date 05-1993) and Ding et al. (CN1331839, 08-2007).
Although the conflicting claims are not identical, they are not patentably distinct from each other because the instantly claimed subject matter embraces or is embraced by the patented subject matter. For example, 078’ claims the following.
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Concerning the base in the current claims, Yang et al. teach the current bases and also teach “While the strong base used may be any base having a high pkb” (column 3, lines 14-20). Thus going from an amine base as claimed in 078’ to the current bases would have been obvious.
Concerning the claimed limitations pertaining to the currently claimed
hydrogenation, which 078’ does not claim and or any remaining limitations on the decomposition of polyurethane (hydrolysis), see the teachings of Vedage et al., Yang et al. and/or Ding et al. as written in the above 103 rejection and incorporated by reference.
Consequently, the ordinary artisan would have recognized the obvious variation of the instantly claimed subject matter over the copending subject matter.
This is a provisional nonstatutory double patenting rejection.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/575,864 in view of Vedage et al. (US Patent 5,360,934, Patent date 11-1994), Yang et al. (US Patent 5,208,379, Patent date 05-1993) and Ding et al. (CN1331839, 08-2007).
Although the conflicting claims are not identical, they are not patentably distinct from each other because the instantly claimed subject matter embraces or is embraced by the patented subject matter. For example, 864’ claims the following.
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... .
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Concerning the claimed limitations pertaining to the currently claimed
hydrogenation, which 864’ does not claim and or any remaining limitations on the decomposition of polyurethane (hydrolysis), see the teachings of Vedage et al., Yang et al. and/or Ding et al. as written in the above 103 rejection and incorporated by reference.
Consequently, the ordinary artisan would have recognized the obvious variation of the instantly claimed subject matter over the copending subject matter.
This is a provisional nonstatutory double patenting rejection.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of copending Application No. 18/575,869 in view of Vedage et al. (US Patent 5,360,934, Patent date 11-1994), Yang et al. (US Patent 5,208,379, Patent date 05-1993) and Ding et al. (CN1331839, 08-2007).
Although the conflicting claims are not identical, they are not patentably distinct from each other because the instantly claimed subject matter embraces or is embraced by the patented subject matter. For example, 869’ claims the following.
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….. .
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Concerning the claimed limitations pertaining to the currently claimed
hydrogenation, which 869’ does not claim and or any remaining limitations on the decomposition of polyurethane (hydrolysis), see the teachings of Vedage et al., Yang et al. and/or Ding et al. as written in the above 103 rejection and incorporated by reference.
Consequently, the ordinary artisan would have recognized the obvious variation of the instantly claimed subject matter over the copending subject matter.
This is a provisional nonstatutory double patenting rejection.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of copending Application No. 18/575,873 in view of Vedage et al. (US Patent 5,360,934, Patent date 11-1994), Yang et al. (US Patent 5,208,379, Patent date 05-1993) and Ding et al. (CN1331839, 08-2007).
Although the conflicting claims are not identical, they are not patentably distinct from each other because the instantly claimed subject matter embraces or is embraced by the patented subject matter. For example, 873’ claims the following.
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…. .
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Concerning the claimed limitations pertaining to the currently claimed
hydrogenation, which 873’ does not claim and or any remaining limitations on the decomposition of polyurethane (hydrolysis), see the teachings of Vedage et al., Yang et al. and/or Ding et al. as written in the above 103 rejection and incorporated by reference.
Consequently, the ordinary artisan would have recognized the obvious variation of the instantly claimed subject matter over the copending subject matter.
This is a provisional nonstatutory double patenting rejection.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/706,399 in view of Vedage et al. (US Patent 5,360,934, Patent date 11-1994), Yang et al. (US Patent 5,208,379, Patent date 05-1993) and Ding et al. (CN1331839, 08-2007).
Although the conflicting claims are not identical, they are not patentably distinct from each other because the instantly claimed subject matter embraces or is embraced by the patented subject matter. For example, 399’ claims the following.
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…. .
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Concerning the claimed limitations pertaining to the currently claimed
hydrogenation, which 399’ does not claim and or any remaining limitations on the decomposition of polyurethane (hydrolysis), see the teachings of Vedage et al., Yang et al. and/or Ding et al. as written in the above 103 rejection and incorporated by reference.
Consequently, the ordinary artisan would have recognized the obvious variation of the instantly claimed subject matter over the copending subject matter.
This is a provisional nonstatutory double patenting rejection.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/042,566 in view of Vedage et al. (US Patent 5,360,934, Patent date 11-1994), Yang et al. (US Patent 5,208,379, Patent date 05-1993) and Ding et al. (CN1331839, 08-2007). A notice of allowability was mailed 05/08/2026.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the instantly claimed subject matter embraces or is embraced by the patented subject matter. For example, 566’ claims the following.
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Concerning the claimed limitations pertaining to the currently claimed
hydrogenation, which 566’ does not claim and or any remaining limitations on the decomposition of polyurethane (hydrolysis), see the teachings of Vedage et al., Yang et al. and/or Ding et al. as written in the above 103 rejection and incorporated by reference.
Consequently, the ordinary artisan would have recognized the obvious variation of the instantly claimed subject matter over the copending subject matter.
This is a provisional nonstatutory double patenting rejection.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/575,871 in view of Vedage et al. (US Patent 5,360,934, Patent date 11-1994), Yang et al. (US Patent 5,208,379, Patent date 05-1993) and Ding et al. (CN1331839, 08-2007). A notice of allowability was mailed 05/08/2026.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the instantly claimed subject matter embraces or is embraced by the patented subject matter. For example, 871’ claims the following.
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Concerning the claimed limitations pertaining to the currently claimed
hydrogenation, which 871’ does not claim and or any remaining limitations on the decomposition of polyurethane (hydrolysis), see the teachings of Vedage et al., Yang et al. and/or Ding et al. as written in the above 103 rejection and incorporated by reference.
Consequently, the ordinary artisan would have recognized the obvious variation of the instantly claimed subject matter over the copending subject matter.
This is a provisional nonstatutory double patenting rejection.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/575,876 in view of Vedage et al. (US Patent 5,360,934, Patent date 11-1994), Yang et al. (US Patent 5,208,379, Patent date 05-1993) and Ding et al. (CN1331839, 08-2007). A notice of allowability was mailed 05/08/2026.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the instantly claimed subject matter embraces or is embraced by the patented subject matter. For example, 876’ claims the following.
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Concerning the claimed limitations pertaining to the currently claimed
hydrogenation, which 876’ does not claim and or any remaining limitations on the decomposition of polyurethane (hydrolysis), see the teachings of Vedage et al., Yang et al. and/or Ding et al. as written in the above 103 rejection and incorporated by
reference.
Consequently, the ordinary artisan would have recognized the obvious variation of the instantly claimed subject matter over the copending subject matter.
This is a provisional nonstatutory double patenting rejection.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/575,870 in view of Vedage et al. (US Patent 5,360,934, Patent date 11-1994), Yang et al. (US Patent 5,208,379, Patent date 05-1993) and Ding et al. (CN1331839, 08-2007). A notice of allowability was mailed 05/08/2026.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the instantly claimed subject matter embraces or is embraced by the patented subject matter. For example, 870’ claims the following.
PNG
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390
857
media_image55.png
Greyscale
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389
849
media_image56.png
Greyscale
PNG
media_image57.png
189
865
media_image57.png
Greyscale
Concerning the claimed limitations pertaining to the currently claimed
hydrogenation, which 870’ does not claim and or any remaining limitations on the decomposition of polyurethane (hydrolysis), see the teachings of Vedage et al., Yang et al. and/or Ding et al. as written in the above 103 rejection and incorporated by
reference.
Consequently, the ordinary artisan would have recognized the obvious variation of the instantly claimed subject matter over the copending subject matter.
This is a provisional nonstatutory double patenting rejection.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/575,595 in view of Vedage et al. (US Patent 5,360,934, Patent date 11-1994), Yang et al. (US Patent 5,208,379, Patent date 05-1993) and Ding et al. (CN1331839, 08-2007). A notice of allowability was mailed 05/08/2026.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the instantly claimed subject matter embraces or is embraced by the patented subject matter. For example, 595’ claims the following.
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295
805
media_image58.png
Greyscale
PNG
media_image59.png
139
796
media_image59.png
Greyscale
PNG
media_image60.png
88
876
media_image60.png
Greyscale
PNG
media_image61.png
244
849
media_image61.png
Greyscale
Concerning the claimed limitations pertaining to the currently claimed
hydrogenation, which 595’ does not claim and or any remaining limitations on the
decomposition of polyurethane (hydrolysis), see the teachings of Vedage et al., Yang et al. and/or Ding et al. as written in the above 103 rejection and incorporated by
reference.
Consequently, the ordinary artisan would have recognized the obvious variation of the instantly claimed subject matter over the copending subject matter.
This is a provisional nonstatutory double patenting rejection.
Conclusion
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/B.G.D/ Examiner, Art Unit 1692 /Andrew D Kosar/Supervisory Patent Examiner, Art Unit 1625
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