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 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
Applicant’s election without traverse of Group I, claims 1-9, 13-16 in the reply filed on 12/3/2025 is acknowledged.
Claim Objections
Claim 1 is objected to because of the following informalities: the claim recites “for the manufacture of a wood-based material” in lines 1 and 2. It appears that the claim should recite “for manufacturing a wood-based material”. The claim also recites “accelerating the curing” in lines 6 and 7. It appears that the claim should recite “accelerating curing”. Appropriate correction is required.
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 1-5 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Qian (CN108929636, see machine translated version).
Regarding claim 1, Qian teaches a wood glue (binder composition) (paragraph [0002]) comprising polyphenylpolymethylene polyisocyanate (an organic phase having at least one isocyanate binder) (paragraph [0008]), water (an aqueous phase) (paragraph [0008]) and dodecylbenzenesulfonic acid (an ionic solubilizer) (paragraph [0008]).
The limitations “for the manufacture of a wood-based material" and “for rapid mixing of both phases and/or for accelerating the curing of the isocyanate binder” is deemed to be a statement with regard to intended use and is not further limiting in so far as the structure of the product is concerned. In article claims, a claimed intended use must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. MPEP 2111.02. The glue of Qian is capable of manufacturing a wood based material and the solubilizer is capable of mixing both phases and/or accelerating the curing of the isocyanate binder in that it contains the same constituents and displays the same characteristics as claimed by Applicant.
Regarding claim 2, Qian teaches wherein the solubilizer is dodecylbenzenesulfonic acid (a surface-active substance) (paragraph [0008]).
Regarding claim 3, Qian teaches wherein the solubilizer is dodecylbenzenesulfonic acid (an ionic surfactant based on aromatic compounds) (paragraph [0008]).
Regarding claim 4, Qian teaches wherein the solubilizer is dodecylbenzenesulfonic acid (a sulfonic acid derivative) (paragraph [0008]).
Regarding claim 5, Qian teaches wherein the solubilizer is dodecylbenzenesulfonic acid (paragraph [0008]).
Regarding claim 9, Qian teaches a wood glue (binder composition) (paragraph [0002]) comprising polyphenylpolymethylene polyisocyanate (an organic phase having at least one isocyanate binder) (paragraph [0008]), water (an aqueous phase) (paragraph [0008]) and dodecylbenzenesulfonic acid (an ionic solubilizer) (paragraph [0008]).
The product-by-process limitation “the solubilizer does not participate in the reaction for curing the isocyanate binder and/or acts catalytically in the curing of the isocyanate binder” would not be expected to impart distinctive structural characteristics to the composition. The product itself does not depend on the process of making it. MPEP 2113. It can therefore be ascertained that the composition of Qian possesses the same characteristics as the Applicant’s claimed composition.
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.
Claims 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Qian (CN108929636, see machine translated version).
Qian is relied upon as disclosed above.
Regarding claim 6, Qian does not disclose wherein the solubilizer is highly water-soluble such that at least a aqueous solution with a solubilizer mass fraction of 70% can be prepared. However, where in the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges in mass fraction involve only routine skill in the art, absence a showing of criticality. MPEP 2144.05 II. One would have been motivated to modify the solubilizer mass fraction of Qian in order to provide a high efficiency composite wood glue which has low cost, good aging resistance and is non-toxic (Qian, paragraph [0007]).
Regarding claim 8, Qian does not disclose wherein a proportion of the solubilizer of 0.1% to 0.5% based on the mass of the isocyanate binder. However, where in the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges in amount involve only routine skill in the art, absence a showing of criticality. MPEP 2144.05 II. One would have been motivated to modify the amount of solubilizer of Qian in order to provide a high efficiency composite wood glue which has low cost, good aging resistance and is non-toxicity (Qian, paragraph [0007]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Qian (CN108929636, see machine translated version) in view of Sugawara (JP2017-122148, see machine translated version).
Qian is relied upon as disclosed above.
Regarding claim 7, Qian fails to teach wherein the isocyanate binder is polymeric diphenylmethane diisocyanate. However, Sugawara teaches an adhesive comprising an organic sulfonic acid and an isocyanate (paragraph [0010]), wherein the isocyanate is diphenylmethane diisocyanate (paragraph [0019]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the diphenylmethane diisocyanate of Sugawara et al. as the isocyanate of Qian because they are functionally equivalent (Qian et al., paragraph [0008]; Sugawara et al., paragraph [0019]).
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Klyszcz-Nasko et al. (DE 102017108078, see machine translated version) in view of Qian (CN108929636, see machine translated version).
Regarding claim 13, Klyszcz-Nasko et al. teach a wood-based material (paragraph [0011]) having at least one chip material (paragraph [0011]) and at least one cured composition in at least one layer of the wood-based material (paragraph [0011]).
Klyszcz-Nasko et al. fail to teach wherein the composition is a binder composition comprising at least one isocyanate binder and a solubilizer for rapid mixing and/or for accelerating the curing of the isocyanate binder. However, Qian teaches a wood glue (binder composition) (paragraph [0002]) comprising polyphenylpolymethylene polyisocyanate (an organic phase having at least one isocyanate binder) (paragraph [0008]), water (an aqueous phase) (paragraph [0008]) and dodecylbenzenesulfonic acid (an ionic solubilizer) (paragraph [0008]).
The limitation “for rapid mixing of both phases and/or for accelerating the curing of the isocyanate binder” is deemed to be a statement with regard to intended use and is not further limiting in so far as the structure of the product is concerned. In article claims, a claimed intended use must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. MPEP 2111.02. The glue of Qian is capable of manufacturing a wood based material and the solubilizer is capable of mixing both phases and/or accelerating the curing of the isocyanate binder in that it contains the same constituents and displays the same characteristics as claimed by Applicant.
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the binder composition of Qian in at least one layer of Klyszcz-Nasko et al. in order to provide low cost, good aging resistance and is non-toxicity (Qian, paragraph [0007]).
Regarding claim 14, Klyszcz-Nasko et al. teach a wood based material comprising a structure with at least three layers comprising a lower surface layer, a middle layer and an upper surface layer (paragraph [0011]), wherein at least one of the layers having a binder composition without solubilizer (paragraph [0011]).
Klyszcz-Nasko et al. fail to teach wherein at least one of the layers has a binder composition with a solubilizer. However, Qian teaches a wood glue (binder composition) (paragraph [0002]) comprising polyphenylpolymethylene polyisocyanate (an organic phase having at least one isocyanate binder) (paragraph [0008]), water (an aqueous phase) (paragraph [0008]) and dodecylbenzenesulfonic acid (an ionic solubilizer) (paragraph [0008]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the binder composition of Qian in at least one layer of Klyszcz-Nasko et al. in order to provide low cost, good aging resistance and is non-toxicity (Qian, paragraph [0007]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Klyszcz-Nasko et al. (DE 102017108078) in view of Qian (CN108929636, see machine translated version), in further view of Sugawara (JP2017-122148, see machine translated version).
Klyszcz-Nasko et al. and Qian are relied upon as disclosed above.
Regarding claim 15, Klyszcz-Nasko et al. teach wherein the wood-based material comprises a structure with at least a lower surface layer, a middle layer and an upper surface layer (paragraph [0011]).
Klyszcz-Nasko et al. fail to teach wherein all layers have a binder composition with a solubilizer, wherein an amount of the solubilizer in the middle layer is higher than in the surface layers. However, Sugawara teaches a wood based material (paragraph [0058]) comprising a structure with at least a lower surface layer, a middle layer and an upper surface layer (paragraph [0068]), wherein all layers have a binder composition with a solubilizer, wherein an amount of the solubilizer in the middle layer is higher than in the surface layers (paragraphs [0068], [0069]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the layers of Sugawara et al. in the material of Klyszcz-Nasko et al. in order to provide a board with sufficient strength to be molded in short period of time (Sugawara et al., paragraph [0068]).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Qian (CN108929636, see machine translated version) in view of Klyszcz-Nasko et al. (DE 102017108078, see machine translated version).
Qian is relied upon as disclosed above.
Regarding claim 16, Qian fails to teach wherein the wood-based material is a board-shaped wood based material. However, Klyszcz-Nasko et al. teach a wood-based material (paragraph [0011]) which is a board-shaped wood based material (paragraph [0064], Fig. 2) comprising a binder composition (paragraph [0011]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to provide the binder composition of Qian in a wood based material as that of Klyszcz-Nasko et al. because the composition of Qian is a wood glue (Qian, paragraph [0002]) and in order to provide a lightweight sandwich panel (Klyszcz-Nasko et al., paragraph [0011]).
Conclusion
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/Chinessa T. Golden/Primary Examiner, Art Unit 1788 1/21/2026