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 .
Election/Restrictions
Claims 1-6 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on August 6, 2026.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 7-9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tasch et al (WO 2024/042388).
With regards to claim 7, Tasch teaches a two part composition (title) that includes an epoxy resin and a curing agent (abstract) wherein the epoxy resin is a phenolic epoxy resin (page 6) and the curing agents include aliphatic amines (page 7). Tasch further teaches the composition to include diluents, corrosion inhibitors, and fillers (page 11). Tasch teaches the addition of a curing accelerator (page 7). Tasch teaches the first part of the composition to include the epoxy and the second part to include the curing agent (pages 1-2) which includes the curing accelerator (page 7). Tasch teaches that the diluent to be present in either the first or second part (page 18).
With regards to claim 8, Tasch teaches the filler to include talc and/or calcium carbonate (page 11).
With regards to claim 9, Tasch teaches the two part epoxy composition to include 3Ms SA9822 which has a mix weight ratio of 3.72B:1.0A (+ 10%).
Claims 7-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hofstetter et al (US 2015/0284608).
With regards to claim 7, Hofstetter teaches a two-component epoxy adhesive (abstract) containing a component A having an epoxy resin (abstract) and component B having an aliphatic amine and a phenalkylamine (abstract). Hofstetter teaches the epoxy to be a phenol compound (0051). Hofstetter further teaches the composition to include curing accelerators in component B (0028), fillers in either or both of components A and B (0122), and additives that can be either in component A or B (0104) to include diluents (0105), and stabilizers against oxidation (corrosion) (0106).
With regards to claim 8, Hofstetter teaches the filler to include talc or calcium carbonate (0100).
With regards to claim 9, Hofstetter teaches the A and B components to be mixed at a 1:1 ratio (0116).
With regards to claim 10, Hofstetter teaches the curing agent to include both an aliphatic amine and a phenalkyamine (abstract).
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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Tasch et al (WO 2024/042388) in view of Hofstetter et al (US 2015/0284608).
The disclosure of Tasch is adequately set forth in paragraph 4 above and is herein incorporated by reference.
With regards to claim 10, Tasch does not teach the curing agent to include both an aliphatic amine and a phenalkylamine.
The disclosure of Hofstetter is adequately set forth in paragraph 5 above and is herein incorporated by reference. Hofstetter teaches the motivation for using both curing agents together to be because it provides an adhesive that is crash resistant, can be used to make repairs at points, cures at room temperature, and exhibits good mechanical strength (0012). Tasch and Hofstetter are analogous in the art of dual component epoxy compounds. In light of the benefit above, it would have been obvious to one skilled in the art prior to the effective filing date of the present invention to use both curing agents of Hofstetter in the composition of Tasch, thereby obtaining the present invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA WHITELEY whose telephone number is (571)272-5203. The examiner can normally be reached 8 - 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached at 5712721130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JESSICA WHITELEY/Primary Examiner, Art Unit 1763
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