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 Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claim(s) 1-3-12, 15, 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reuter WO2020104179 (with references made to English language equivalent US 20220009133 of record in view of Fujita (US 4418483).
Regarding Claim 1 Reuter discloses process for producing molded non-crosslinked polymer materials comprising at least one at least partially coated surface, said process comprising the following steps in the stated order:(a) providing a closable, ….mold having at least two mold parts which are movable relative to each other and which form a mold cavity with at least two inner surfaces ([0008]), (b) applying a coating composition (C1) on at least apart of at least one inner surface and drying the applied coating composition ([0007]-[0008], release agent/ coating composition C1, being coated on one of the surfaces ); (c) optionally inserting at least one material (M1) into the mold and heating the mold (0010]); (d) closing the mold and injecting a non-crosslinkable polymer composition (C2) into the closed mold ([0011]); (e-1) heating the mold to expand the non-crosslinkable polymer composition (C2) and optionally fuse the expanded non-crosslinkable polymer composition while at least partially curing the coating composition (C1),([0009]- the coating composition/release agent is cured by flashing as flashing accordingly, is understood fundamentally as a designation for the evaporation or evaporating of organic solvents and/or water from a coating composition; [0010], ‘ heating of the molding tool ), (f) opening of the mold and removing the molded -on-crosslinked polymer material comprising at least one at least partially coated surface ([0013]); (g) optionally post-treating of the material obtained after step (f), wherein the coating composition (C1) comprises (i) at least one solvent L ([0016]); (ii) at least one compound of the general formula (I) : R1—(C═O).r—O—(AO) s—R. 2
in which R is a saturated or unsaturated aliphatic hydrocarbon radical having 6 to 30 carbon atoms,R2 is H,AO stands for one or more alkylene oxide radicals selected from the group consisting of ethylene oxide, propylene oxide and butylene oxide, r is 0 or 1, and s is 0 to30 ([0017]-[0021]); (iii) at least one polysiloxane of the general formula (II) R3-Si(R4)2-[O-Si(R4)(R5)]a-[O-Si(R4)2]b-O-Si(R4)2 R3 (II),in which R3 and R4, in each case independently of one another, are a methyl group or a (HO- CH2)2-C(CH2-CH3)-CH2-0-(CH2)3-* radical, R5 is a methyl group, a is 0 or 1 to 10, and b is 3 to 30 ([0023]-[0027]); (iv) at least one binder ([0028]); (v) at least one crosslinking agent ([0043]); and (vi) optionally at least one polyether-modified alkylpolysiloxane ([0022]). Further, Reuter didn’t particularly disclose that three dimensional molding tools with mold having at least two mold parts which are movable relative to each other . In the related field of endeavor pertaining to the art, Fujita discloses two mold parts with curved/3D configurations (Figure 1, Col 5 line 14-15).
It would have been obvious for one ordinary skilled in the art to combine Reuter teaching with that of the three dimensional mold taught by Fujita teaching for the purpose of complex structure.
Regarding Claim 3 Reuter discloses ,wherein the at least one compound of the general formula (I) is present in a total amount of 0.1 to 10 wt.%
Regarding Claim 4, Reuter discloses, wherein radical R3 in the general formula (II) is a (HO-CH2)2-C(CH2-CH3)-CH2-0-(CH2)3-* radical and radicals R4 and R5 in the general formula (II) are each a methyl group ([0024]-[0025]).
Regarding Claim 5, Reuter discloses wherein a in the general formula (II) is 0 and b in the general formula (II) is 7 to 14 ([0026]-[0027]).
Regarding Claim 6, Reuter discloses. wherein the at least one polysiloxane of the general formula (II) in present in a total amount of 0.1 to 5 wt.%, on the total weight of the coating composition ([0101]).
Regarding Claim 7, Reuter discloses. wherein the coating composition is dried in process step (b) for a period of 20 seconds to 60 minutes0C ([0051], [0215]).
Regarding Claim 8 Reuter discloses wherein the non-crosslinkable polymer composition (C2) is selected from the group consisting of expanded thermoplastic polyurethane particles ([0319]),
Regarding Claim 9 Reuter discloses wherein the expanded thermoplastic polyurethane particles have an average diameter of 0.2 mm to 20 mm,
Regarding Claim 10 Reuter discloses , wherein expandable thermoplastic polyurethane particles comprise at least one blowing agent ([0209]).
Regarding Claim 11 Reuter discloses , wherein the non-crosslinkable thermoplastic polyurethane comprises at least one blowing agent ([0209]).
Regarding Claim 12 Reuter discloses,wherein step (e-1) is performed at a temperature of 100 to 140 °C ([0204]).
Regarding Claim 15, A molded non-crosslinked polymer material comprising at least one at least partially coated surface, produced by the process according to claim 1 (as discussed in Claim 1)
Regarding Claim 17 Reuter discloses , wherein the at least one compound of the general formula (I) is present in a total amount of 0.5 to 5 wt.%, based on the total weight of the coating composition ([0085]).
Regarding Claim 18 Reuter discloses, wherein the at least one polysiloxane of the general formula (II) in present in a total amount of 0.5 to 4 wt.%, based on the total weight of the coating composition ([0101]).
Regarding Claim 19 Reuter discloses, wherein the coating composition (Cl) is dried in process step (b) for a period of 20 seconds to 25 minutes at a temperature of 20 to 70°C ([0051], [0215]).
Regarding Claim 20 Reuter discloses, wherein the non-crosslinkable polymer composition (C2) is selected from the group consisting of expanded thermoplastic polyurethane particles and non-crosslinkable thermoplastic polyurethane compositions ([0319]) .
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reuter WO2020104179 (with references made to English language equivalent US 20220009133 of record) in view of Fujita (US 4418483) as applied in claim 8 further in view of Romanov (US 20210206036).
Regarding claim 13 Reuter discloses heating of the mold tool ([0010]) and curing of the composition at a temperature of 100 to 140 °C ( [0060], [0204], [0255]; [0009] discloses that flashing of the release agent is taking place as therefore the C1/release agent is being cured) but didn’t disclose that is performed using steam or using radiofrequency. In the related field of endeavor pertaining to the art, Romanov discloses that radiowaves are used to fuse the particles ([0118]).
It woud have been obvious for one ordinary skilled in the art to Reuter teaching with that of Romanov’s heating by radiowaves for a more homogenous fusing of the particles.
Regarding Claim 14 Reuter discloses heating of the mold tool ([0010]) and curing of the composition at a temperature of at least 45°C is used ([0204], [0255)]. Romanov disclose further, wherein a radiofrequency is 2 Mhz ([0025]) equivalent to of 4 KV within the claimed range
Allowable Subject Matter
Claim 2 and 16 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art fails to teach that wherein the coating composition (C1) comprises at least one compound of formula (Ia) RI-0-(AO)s-H (Ia) and at least one compound of formula (Ib)R'-(C=0)-OH (Ib) in which R is a saturated or unsaturated, aliphatic hydrocarbon radical having 6 to 30 carbon atoms, preferably a saturated or unsaturated, aliphatic hydrocarbon radical having 12 to 22 carbon atoms, R' is a saturated or unsaturated, aliphatic hydrocarbon radical having 6 to 30 carbon atoms,preferably an unsaturated, aliphatic hydrocarbon radical having 21 carbon atoms,AO stands for one or more alkylene oxide radicals selected from the group consisting of ethylene oxide, propylene oxide and butylene oxide, preferably ethylene oxide, and s is 2 to 28.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEBJANI ROY whose telephone number is (571)272-8019. The examiner can normally be reached 9:30-5:30 pm.
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/DEBJANI ROY/Examiner, Art Unit 1741
/ALISON L HINDENLANG/Supervisory Patent Examiner, Art Unit 1741