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 .
Claim Interpretation
Regarding claims 1-4, MPEP § 2111.02(III) says, "If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction". The word “anaerobic” in the phrase “the anaerobic adhesive” is interpreted as intended use.
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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jialanella (US 20080103274 A1).
Regarding claims 1, 2, and 4, Jailanella teaches an adhesive composition (Table 1, Part A 1%) comprising:
57.2 parts by weight methyl methacrylate as the (meth)acrylic monomer;
0.24 parts by weight (0.42 parts by weight relative to methyl methacrylate) anaerobic curing hydroquinone-based accelerator which can have the following structure:
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Where R17 is hydrogen and R15 can be alkyl (paragraphs [0065] [0066]).
0.29 parts of 1,4-benzoquinone (0.51 parts by weight relative to methyl methacrylate);
Methacrylate-butadiene-styrene (MBS) as a thickener.
Jailanella further teaches that the composition can contain organic peroxides (paragraphs [0069-0070]).
Regarding claim 3, Jailanella also teaches that the hydroquinone-based compound is in concentrations of 0.1 parts by weight or more and most preferably 2.5 parts by weight or less of the total composition, which is equivalent to 0.18 parts by weight or more to 4.4 parts by weight or less relative to the (meth)acrylic monomer as referenced above (paragraph [0068]). The range as taught by Jailanella has substantial and significant overlap with the claimed range and is disclosed with sufficient specificity so as to anticipate the claimed range.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KOLTON JONES whose telephone number is (571)272-9802. The examiner can normally be reached Generally Monday-Friday 8:00 am - 5:00 pm EST.
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/KOLTON JONES/Examiner, Art Unit 1763
/JOSEPH S DEL SOLE/Supervisory Patent Examiner, Art Unit 1763
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