DETAILED ACTION
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.
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.
Claims 1-8 and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Gan et al. (US 2002/0119317) in view of Yu et al. (CN 104497480) using the English language machine translation for the citations below and in view of Spencer et al. (US 2021/0002439).
Regarding claims 1, 2, 3, 5, 10, 11, 13 and 14: Gan et al. teaches a method of making a composite (para. 2) comprising mixing (para. 107) one or more/mixtures of multifunctional epoxy resins such as a phenol novolac epoxy resin, with a difunctional epoxy resin such as a glycidyl ether of bisphenol A (para. 84). A flame retardant is added (para. 99). Gan et al. also teaches that solvents can be added in an amount of 0-50 wt% (para. 105). The mixture is heated up to 130-140 °C under nitrogen purge/in a controlled environment (para. 112). Gan et al. teaches cooling the mixture to room temperature or 20 °C (para. 112).
Gan et al. does not disclose cooling the mixture to ta temperature range of from about 40 °C to about 90 °C and adding a diluent. However, Yu et al. teaches a method of making a flame retardant epoxy composition comprising heating the epoxy components to a temperature of 100-110 °C and then cooling to 80 °C before adding the active diluting agent (pg. 14) such as dipentene dioxide (pg. 8 para. 23), which is a monofunctional epoxy resin. Gan et al. and Yu et al. are analogous art since they are both concerned with the same field of endeavor, namely flame retardant epoxy compositions. Before the effective filing date of the claimed invention a person having ordinary skill in the art would have found it obvious to cool the reaction product of Gan et al. as in Yu et al. before adding a diluent and would have been motivated to do so to control the viscosity without pre-reacting the active diluent with the epoxy matrix.
Gan et al. also does not teach a second flame retardant which is an intumescent. However, Spencer et al. teaches a similar composite (abstract) comprising an intumescent in the epoxy resin matrix (para. 79). Gan et al. and Spencer et al. are analogous art since they are both concerned with the same field of endeavor, namely fire retardant epoxy compositions. Before the effective filing date of the claimed invention a person having ordinary skill in the art would have found it obvious to include the intumescent with the flame retardant in Gan et al. as in Spencer et al. and would have been motivated to do so since the intumescent generates a non-combustible gas to promote fire retardancy.
Regarding claims 4 and 6: Gan et al. teaches the amount of epoxy resin material used in the composition is 30-95 wt % (para. 62), which overlaps the claimed ranges.
Regarding claim 7: Gan et al. teaches the flame retardant is a phosphorus containing flame retardant (para. 76, 77).
Regarding claim 8: Gan et al. teaches the flame retardant in an amount of 0-40 wt % (para. 103).
Regarding claim 12: Gan et al. teaches the basic claimed method as set forth above including cooling the mixture to room temperature or 20 °C (para. 112) as well as forming an aerospace part/printed wiring board (para. 2). Not disclosed is mixing the mixture for 2-6 hours. However, Endo et al. teaches mixing for 2 hours (para. 61). At the time of the invention a person having ordinary skill in the art would have found it obvious to mix the mixture for 2 hours and would have been motivated to do so in order to sufficiently mix the composition.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because of the new grounds of rejection in view of Spencer et al.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Megan McCulley whose telephone number is (571)270-3292. The examiner can normally be reached Monday - Friday 9-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Eashoo can be reached on 571-272-1197. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MEGAN MCCULLEY/
Primary Examiner, Art Unit 1767