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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4-9, 11-12, 18, and 26 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 4, claim 4 recites the limitation "the reactivity" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claims 5-6 are rejected by virtue of their dependency on claim 4.
Regarding claims 6, 9, 11-12, and 18, the phrase "more preferably" and “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For examination purposes, “preferably” is interpreted as optional.
Regarding claim 7, claim 7 recites “one or more color change agents” in line 2. It is unclear if the color change agents are the same or different from the “reactive color-change agent” and/or “non-reactive color-change agent” established in claim 1. Claims 8-9 are rejected by virtue of their dependency on claim 7.
Regarding claim 26, claim 26 recites the limitation "the mixed A-side and B-side" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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 1, 6-8, 12, and 19 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Jung et al. (US 20170355886 A1).
Regarding claim 1, Jung teaches a color-changing two-part system (abstract and paragraphs [0006]-[0008] teach a color-changing adhesive composition comprising a two component composition, i.e. two-part system) comprising:
an A-side ([0006]-[0008] teaches component A, i.e. A-side, comprising an adhesive composition); and
a B-side comprising one or more acids ([0006]-[0008] teaches component B, i.e. B-side, comprising a curing agent including a curable epoxy composition including anhydride-based compounds, i.e. acids; [0081],[0104] teaches anhydride curing agent includes METH/E, i.e. acid);
wherein a reactive color-change agent is present in the A-side ([0006]-[0008] teaches component A, i.e. A-side, comprising an adhesive composition; [0049] teaches the adhesive composition contains at least one colorant that are reactive); a non-reactive color-change agent is present in the A-side and/or the B-side ([0064] teaches the curable resin, i.e. adhesive composition, comprises Crystal Violet, i.e. non-reactive color-change agent); or both (interpreted as not required due the “or” statement).
Regarding claim 6, Jung further teaches wherein the reactive color- change agent is present in the A-side in an amount of between about 0.1% and 30% ([0050] teaches the colorant is from 0.1% to 10%), more preferably between about 1% and 25% (interpreted as optional and not required), or even more preferably between about 5% and 20%, by weight of the A-side (interpreted as optional and not required).
Regarding claim 7, Jung further teaches wherein one or more color change agents are pH sensitive ( [0064] teaches Crystal Violet, which is a pH sensitive dye).
Regarding claim 8, Jung further teaches the two-part system according to claim 7, wherein the non-reactive color-change agent provided in the A-side includes Cresol Red, Crystal Violet, or both ([0064] teaches the curable resin, i.e. adhesive composition of A-side, comprises Crystal Violet).
Regarding claim 12, Jung further teaches wherein the A-side comprises one or more additional epoxy resins preferably including one or more multifunctional aromatic epoxy resins, multifunctional aliphatic epoxy resins, epoxy novolac resins, silane modified epoxy resins, or any combination thereof ([0077]-[0078] teaches curable epoxy resins include multifunctional glycidyl ethers, and monomers can include glycidyl ethers of dihydric arenes, aliphatic diols or cycloaliphatic diols; [0078] teaches aromatic glycidyl ethers; [0080] teaches aromatic and aliphatic epoxides; [0079] teaches novalak-type resins are employed).
Regarding claim 19, Jung further teaches wherein the A-side consists essentially of the reactive color-change agent (note that “consist essentially of” is interpreted as specified materials or steps and those that do not materially affect the basic and novel characteristics of the claimed invention, MPEP2111.03 (III); [0006] teaches component A, i.e. A-side, comprising an adhesive composition; [0049] teaches the adhesive composition contains at least one colorant that are reactive; therefore, the A-side is interpreted as consisting essentially of the reactive colorant, since the adhesive composition including the reactive colorant is the specific material of the A-side that provides the basic and novel characteristic of the A-side).
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.
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.
Claim 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Jung as applied to claim 1 above, and further in view of Chan et al. (US 5360840 A).
Regarding claim 2, Jung fails to teach: wherein the reactive color-change agent includes an aniline derivative selected from chloroanlines, methylanilines, and chloromethylanilines.
Jung teaches the adhesive composition comprises epoxy based adhesives ([0039]). Jung teaches colorants are reactive to curable epoxy resins ([0067]).
Chan teaches epoxy resin compositions having improved storage stability before curing and improved thermal and mechanical performance after curing comprising a mixture of polyepoxide and a curing agent that is reactive with the polyepoxide (abstract). Chan teaches epoxy compounds suitable for use in the preparation of epoxide resins include tetraglycidyl methylenedianiline, i.e. 4,4'-methylenedianiline derivative (column 3, lines 17-24).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the reactive color-change agent of Jung to incorporate Chan’s teachings of known epoxy resin compositions including tetraglycidyl methylenedianiline (column 3, lines 17-24) and Jung’s teachings of colorants reactive to epoxy resins ([0039],[0067]) to provide: wherein the reactive color-change agent includes an aniline derivative selected from chloroanlines, methylanilines, and chloromethylanilines (i.e. 4,4'-methylenedianiline derivative). Doing so would have a reasonable expectation of successfully improving storage stability, thermal performance, and mechanical performance of the color-changing two-part system.
Regarding claim 3, Jung fails to teach: wherein the reactive color-change agent includes a 4,4'-methylenedianiline derivative.
Jung teaches the adhesive composition comprises epoxy based adhesives ([0039]). Jung teaches colorants are reactive to curable epoxy resins ([0067]).
Chan teaches epoxy resin compositions having improved storage stability before curing and improved thermal and mechanical performance after curing comprising a mixture of polyepoxide and a curing agent that is reactive with the polyepoxide (abstract). Chan teaches epoxy compounds suitable for use in the preparation of epoxide resins include tetraglycidyl methylenedianiline, i.e. 4,4'-methylenedianiline derivative (column 3, lines 17-24).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the reactive color-change agent of Jung to incorporate Chan’s teachings of known epoxy resin compositions including tetraglycidyl methylenedianiline (column 3, lines 17-24) Jung’s teachings of colorants reactive to epoxy resins ([0039],[0067]) to provide: wherein the reactive color-change agent includes a 4,4'-methylenedianiline derivative. Doing so would have a reasonable expectation of successfully improving storage stability, thermal performance, and mechanical performance of the color-changing two-part system.
Regarding claim 4, Jung fails to teach: wherein the reactive color-change agent is epoxidized such that the reactivity is based upon an epoxy functional group.
Jung teaches the adhesive composition comprises epoxy based adhesives ([0039]). Jung teaches colorants are reactive to curable epoxy resins ([0067]).
Chan teaches epoxy resin compositions having improved storage stability before curing and improved thermal and mechanical performance after curing comprising a mixture of polyepoxide and a curing agent that is reactive with the polyepoxide (abstract). Chan teaches epoxy compounds suitable for use in the preparation of epoxide resins include tetraglycidyl methylenedianiline, i.e. epoxidized (column 3, lines 17-24).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the reactive color-change agent of Jung to incorporate Chan’s teachings of known epoxy resin compositions including tetraglycidyl methylenedianiline (column 3, lines 17-24) and Jung’s teachings of colorants reactive to epoxy resins ([0039],[0067]) to provide: wherein the reactive color-change agent is epoxidized such that the reactivity is based upon an epoxy functional group (i.e. tetraglycidyl methylenedianiline). Doing so would have a reasonable expectation of successfully improving storage stability, thermal performance, and mechanical performance of the color-changing two-part system.
Regarding claim 5, modified Jung fails to teach: the two-part system according to claim 4, wherein the reactive color-change agent is 4,4'- methylenedianiline tetra-glycidyl ether.
Jung teaches the adhesive composition comprises epoxy based adhesives ([0039]). Jung teaches colorants are reactive to curable epoxy resins ([0067]).
Chan teaches epoxy resin compositions having improved storage stability before curing and improved thermal and mechanical performance after curing comprising a mixture of polyepoxide and a curing agent that is reactive with the polyepoxide (abstract). Chan teaches epoxy compounds suitable for use in the preparation of epoxide resins include tetraglycidyl methylenedianiline, i.e. 4,4'- methylenedianiline tetra-glycidyl ether (column 3, lines 17-24).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the reactive color-change agent of Jung to incorporate Chan’s teachings of known epoxy resin compositions including tetraglycidyl methylenedianiline (column 3, lines 17-24) and Jung’s teachings of colorants reactive to epoxy resins to provide: the two-part system according to claim 4, wherein the reactive color-change agent is 4,4'- methylenedianiline tetra-glycidyl ether. Doing so would have a reasonable expectation of successfully improving storage stability, thermal performance, and mechanical performance of the color-changing two-part system.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Jung as applied to claim 1 above.
Regarding claim 9, Jung fails to explicitly teach: the two-part system according to claim 7, wherein the non-reactive color-change agent is present in the A-side in an amount of between about 0.05% and 5%, more preferably between about 0.1% and 3%, or even more preferably between about 1% and 2%, by weight of the A-side.
Jung teaches the amount of colorant is from 0.05% to 30%, such as from 0.1% to 10% by weight based on the total weight of the adhesive composition ([0050]).
Since Jung teaches the amount of colorant is from 0.05% to 30%, such as from 0.1% to 10% by weight based on the total weight of the adhesive composition ([0050]), wherein the range of 0.1%-10% overlaps with the claimed range of 0.05% and 5%, preferably 0.1% and 3%, or preferably 1% and 2%, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the non-reactive color-change agent of modified Jung to provide: the two-part system according to claim 7, wherein the non-reactive color-change agent is present in the A-side in an amount of between about 0.05% and 5%, more preferably between about 0.1% and 3%, or even more preferably between about 1% and 2%, by weight of the A-side. I.e., it would have been prima facia obvious to have selected the overlapping portion of the range from the taught range of from 0.1% to 10% ([0050]) (In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); see MPEP 2144.05 (I)).
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Jung as applied to claims 1 and 7 above, and further in view of Zaffaroni et al. (US 20140171552 A1).
Regarding claim 10, Jung fails to teach: wherein the non-reactive color-change agent provided in the B-side includes Bromocresol Green.
Zaffaroni teaches a curing two-component epoxy adhesive including an epoxy resin component and a curing agent component, the epoxy resin component, i.e. B-side, including a color change indicator (abstract). Zaffaroni teaches the epoxy resin system makes it possible to enable the user to monitor the curing progress of cold-curing two-component-epoxy adhesives by means of a color change during application ([0001]). Zaffaroni teaches the curing agent-component comprises at least one color change indicator ([0014]). Zaffaroni teaches the color change indicator can include Bromocresol Green ([0021]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the non-reactive color-change agent provided in the B-side of Jung to incorporate Zaffaroni’s teachings of a curing two-component epoxy adhesive that includes Bromocresol Green to provide: wherein the non-reactive color-change agent provided in the B-side includes Bromocresol Green. Doing so would have a reasonable expectation of successfully utilizing known color change indicators to improve monitoring of the curing process of the two-part system.
Regarding claim 11, Jung fails to teach: the two-part system according to claim 7, wherein the non-reactive color-change agent is present in the B-side in an amount of between about 0.05% and 5%, more preferably between about 0.1% and 3%, or even more preferably between about 1% and 2%, by weight of the B-side.
Zaffaroni teaches a curing two-component epoxy adhesive including an epoxy resin component, i.e. B-side, and a curing agent component, i.e. A-side; the epoxy resin component, i.e. B-side, including a color change indicator (abstract). Zaffaroni teaches the epoxy resin system makes it possible to enable the user to monitor the curing progress of cold-curing two-component-epoxy adhesives by means of a color change during application ([0001]). Zaffaroni teaches the curing agent-component, i.e. A-side, comprises at least one color change indicator ([0014]). Zaffaroni teaches the color change indicator can include Bromocresol Green ([0021]). Zaffaroni teaches the color change indicator is present in the range of 0.05 to 5.0 wt %, preferably 0.15 to 1.5 wt %, based on the total weight of the epoxy-resin-component ([0025]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the two-part system of Jung to incorporate Zaffaroni’s teachings of a curing two-component epoxy adhesive that includes color-change agents for each component and the color change indicator present in the range of 0.15 to 1.5 wt % to provide: the two-part system according to claim 7, wherein the non-reactive color-change agent is present in the B-side in an amount of between about 0.05% and 5%, more preferably between about 0.1% and 3%, or even more preferably between about 1% and 2%, by weight of the B-side. Doing so would have a reasonable expectation of successfully utilizing known color change indicators and ranges of the indicators to improve monitoring of the curing process of the two-part system.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Jung as applied to claim 1 above, and further in view of Olang et al. (US 20120183694 A1) and Muenz et al. (CN 101802088 A; see machine translation).
Regarding claim 18, Jung fails to teach: wherein the two-part system, after mixing the A-side and the B-side, expands to a volume of between about 10% and 800%, more preferably between about 50% and 700%, or even more preferably between about 100% and 600% of the original unexpanded volume of the A-side and the B-side.
Jung teaches in some embodiments the adhesive composition is a sprayable adhesive ([0028],[0030]).
Olang teaches hybrid spray foams that utilize epoxy resin to produce a quick-setting foam that remains in place until the foam forms and cures (abstract). Olang teaches spray foams are used to fill cavities, cracks, and crevices to enhance the sealing and insulating properties of buildings ([0002]). Olang teaches a two-part system including an A-side and B-side ([0039]), the A-side containing an epoxy resin ([0039]). Olang teaches the A or B side may include color indicators ([0076],[0080]-[0081]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the two-part system of Jung to incorporate Olang’s teachings of spray foams to enhance the sealing and insulating properties that include color indicators to provide: wherein the two-part system, after mixing the A-side and the B-side, expands to a volume. Doing so would have a reasonable expectation of successfully utilizing known formats of curable epoxy compositions, e.g. foams, therefore improving sealing and insulating properties of the two-part system.
Modified Jung fails to teach: after mixing the A-side and the B-side, expands to a volume of between about 10% and 800%, more preferably between about 50% and 700%, or even more preferably between about 100% and 600% of the original unexpanded volume of the A-side and the B-side.
Muenz teaches a foamable and curable composition comprising epoxy resin and polyester ([0002]). Muenz teaches the foaming agent can be adjusted or varied as needed to impart the required degree of expandability to the foamable composition; and the foamable composition can expand in volume by at least 10%, 25%, 50%, 100%, 150%, 200%, such as 100-200% ([0040]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the two-part system of modified Jung to incorporate Muenz teachings of a foamable and curable composition with an expansion range such as 100-200% to provide: after mixing the A-side and the B-side, expands to a volume of between about 10% and 800%, more preferably between about 50% and 700%, or even more preferably between about 100% and 600% of the original unexpanded volume of the A-side and the B-side. Doing so would have a reasonable expectation of successfully optimizing the degree of expandability of the two-part system to improve sealing and insulating properties of the two-part system.
Claims 20-21 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Jung as applied to claim 1 above, and further in view of Czaplicki et al. (WO 2020206346 A1; cited in the IDS filed 04/23/2024).
Regarding claim 20, Jung fails to teach: wherein the one or more acids comprise at least one or more phosphate esters and optionally phosphoric acid, citric acid, acetic acid, other acidic phosphorous compounds, or any combination thereof.
Czaplicki teaches a two-part system comprising a first component including one or more epoxy resins; a second component including one or more phosphate esters; and wherein, upon mixing the first component and second component a cured elastomeric composition (abstract). Czaplicki teaches a need for improved elastomeric materials that may be utilized as gasket and sealing materials; and a need for foam and form-in-place gasket and sealing materials that cure at room temperature; wherein the invention provides one or more of the needs ([0007]). Czaplicki teaches the two-part system includes a composition including an A-side and B-side ([0023]). Czaplicki teaches the B-side comprises one or more phosphate esters, phosphoric acid or any combination thereof ([0025]). Czaplicki teaches the B-side comprises phosphate esters ([0025]), such as cashew nut shell liquid -based phosphate esters ([0026]), 2-ethylhexyl glycidyl ether -based phosphate esters ([0026]), phenyl glycidyl ether -based phosphate esters ([0026]), or any combination thereof ([0026]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the one or more acids of Jung to incorporate Czaplicki’s teachings of a curable two-part system including phosphate esters and optionally phosphoric acid or any combination thereof ([0025]-[0026]) to provide: wherein the one or more acids comprise at least one or more phosphate esters and optionally phosphoric acid, or any combination thereof. Doing so would have a reasonable expectation of successfully improving the sealing and curing properties of the system as taught by Czaplicki.
Regarding claim 21, modified Jung fails to teach: the two-part system according to claim 20, wherein the one or more phosphate esters include cashew nut shell liquid -based phosphate esters, 2-ethylhexyl glycidyl ether -based phosphate esters, phenyl glycidyl ether -based phosphate esters, or any combination thereof.
Czaplicki teaches a two-part system comprising a first component including one or more epoxy resins; a second component including one or more phosphate esters; and wherein, upon mixing the first component and second component a cured elastomeric composition (abstract). Czaplicki teaches a need for improved elastomeric materials that may be utilized as gasket and sealing materials; and a need for foam and form-in-place gasket and sealing materials that cure at room temperature; wherein the invention provides one or more of the needs ([0007]). Czaplicki teaches the two-part system includes a composition including an A-side and B-side ([0023]). Czaplicki teaches the B-side comprises phosphate esters ([0025]), such as cashew nut shell liquid -based phosphate esters ([0026]), 2-ethylhexyl glycidyl ether -based phosphate esters ([0026]), phenyl glycidyl ether -based phosphate esters ([0026]), or any combination thereof ([0026]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the one or more acids of Jung to incorporate Czaplicki’s teachings of a curable two-part system including cashew nut shell liquid -based phosphate esters, 2-ethylhexyl glycidyl ether -based phosphate esters, phenyl glycidyl ether -based phosphate esters, or any combination thereof ([0025]-[0026]) to provide: the two-part system according to claim 20, wherein the one or more phosphate esters include cashew nut shell liquid -based phosphate esters, 2-ethylhexyl glycidyl ether -based phosphate esters, phenyl glycidyl ether -based phosphate esters, or any combination thereof. Doing so would have a reasonable expectation of successfully utilizing known phosphate esters to improve the sealing and curing properties of the system as taught by Czaplicki.
Regarding claim 25, Jung further teaches the two-part system according to claim 20, wherein the two-part composition is a thermoset ([0003],[0006],[0020] teaches the two component composition is curable and uses curable epoxy composition, i.e. thermoset).
Claims 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over Jung as applied to claim 1 above, and further in view of Jung (US 20130096234 A1; herein “US ‘234”).
Regarding claim 26, Jung fails to explicitly teach: wherein a color of the mixed A-side and B-side is not a color that would be expected based on color from a mixture of the original color of the A-side and the original color of the B- side.
Jung teaches the adhesive composition is capable of changing color to a final color (which is different from the initial color) upon contacting a curing composition comprising one or more curing agents ([0027]).
US ‘234 teaches an epoxy composition comprising a first component comprising a curing agent and a first dye, and a second component comprising a curable epoxy resin and a second dye (abstract). US ‘234 teaches upon mixing of the two components, a third color is formed [0030]); wherein, the color may be may be additive, (e.g., mixing yellow and blue yields green) or may not be additive (e.g., yellow and blue yields red) ([0030]), i.e. a color of the mixed A-side and B-side is not a color that would be expected based on color from a mixture of the original color of the A-side and the original color of the B- side. US ‘234 teaches dyes are chosen to enable improved visual determination of components and enable distinction between various color changes ([0032]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the A-side and B-side of Jung to incorporate Jung’s teachings of an initial color changing to a different color upon curing ([0027]) and US ‘234’s teachings of two components having different dyes that when mixed, forms a color that may not be additive, i.e. an unexpected color, ([0030]) to provide: wherein a color of the mixed A-side and B-side is not a color that would be expected based on color from a mixture of the original color of the A-side and the original color of the B- side. Doing so would have a reasonable expectation of successfully improving visual determination of A-side and B-side and distinction between various color changes when the A-side is mixed with the B-side (US ‘234, [0032]).
Regarding claim 27, Jung fails to teach: the two-part system according to claim 20, wherein the pH of the A- side is about 5 to 10.
US ‘234 teaches an epoxy composition comprising a first component comprising a curing agent and a first dye, and a second component comprising a curable epoxy resin and a second dye (abstract). US ‘234 teaches upon mixing of the two components, a third color is formed [0030]); wherein, the color may be may be additive, (e.g., mixing yellow and blue yields green) or may not be additive (e.g., yellow and blue yields red) ([0030]), i.e. a color of the mixed A-side and B-side is not a color that would be expected based on color from a mixture of the original color of the A-side and the original color of the B- side. US ‘234 teaches dyes are chosen to enable improved visual determination of components and enable distinction between various color changes ([0032]). US ‘234 teaches a pH indicating dye can be used, which indicates a shelf-life of an epoxy curing agent as it degrades ([0024]). US ‘234 teaches a dye has a color change in a pH transition range as it gels or cures ([0034]). US ‘234 teaches the initially mixed composition may have a pH greater than 12, while the cured composition may have a pH of between 7 and 9 ([0036]). US ‘234 teaches the curable epoxy resin may comprise Cresol Red, which is yellow below a pH about 7.2 and reddish-purple above a pH about 8.8, i.e. the pH of the A- side is about 5 to 10, and the curing agent comprises Methyl Red, which is red below pH about 4.4 and yellow above pH about 6.2; wherein mixing the two components yields a gray color and upon gelling and curing, the mixture turns pink ([0036]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the two-part system of Jung to incorporate US ‘234’s teachings of two components having different dyes that when mixed forms a color ([0030]) and one of the components includes a dye that has a color at a pH of 5-10 ([0036]) to provide: the two-part system according to claim 20, wherein the pH of the A- side is about 5 to 10. Doing so would have a reasonable expectation of successfully improving visual determination of A-side and B-side and distinction between various color changes when the A-side is mixed with the B-side (US ‘234, [0032]) by providing a known pH for the A-side that would provide a desired color as taught by US ‘234 ([0036]).
Regarding claim 28, modified Jung fails to teach: the two-part system according to claim 27, wherein the pH of the B-side is less than 7.
US ‘234 teaches an epoxy composition comprising a first component comprising a curing agent and a first dye, and a second component comprising a curable epoxy resin and a second dye (abstract). US ‘234 teaches upon mixing of the two components, a third color is formed [0030]); wherein, the color may be may be additive, (e.g., mixing yellow and blue yields green) or may not be additive (e.g., yellow and blue yields red) ([0030]), i.e. a color of the mixed A-side and B-side is not a color that would be expected based on color from a mixture of the original color of the A-side and the original color of the B- side. US ‘234 teaches dyes are chosen to enable improved visual determination of components and enable distinction between various color changes ([0032]). US ‘234 teaches a pH indicating dye can be used, which indicates a shelf-life of an epoxy curing agent as it degrades ([0024]). US ‘234 teaches a dye has a color change in a pH transition range as it gels or cures ([0034]). US ‘234 teaches the initially mixed composition may have a pH greater than 12, while the cured composition may have a pH of between 7 and 9 ([0036]). US ‘234 teaches the curable epoxy resin may comprise Cresol Red, which is yellow below a pH about 7.2 and reddish-purple above a pH about 8.8 and the curing agent comprises Methyl Red, which is red below pH about 4.4 and yellow above pH about 6.2, i.e. the pH of the B-side is less than 7; wherein mixing the two components yields a gray color and upon gelling and curing, the mixture turns pink ([0036]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the two-part system of Jung to incorporate US ‘234’s teachings of two components having different dyes that when mixed forms a color ([0030]) and one of the components includes a dye that has a color at a pH of less than 7 ([0036]) to provide: the two-part system according to claim 27, wherein the pH of the B- side is less than 7. Doing so would have a reasonable expectation of successfully improving visual determination of A-side and B-side and distinction between various color changes when the A-side is mixed with the B-side (US ‘234, [0032]) by providing a known pH for the B-side that would provide a desired color as taught by US ‘234 ([0036]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY H NGUYEN whose telephone number is (571)272-2338. The examiner can normally be reached M-F 7:30A-5:00P.
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/HENRY H NGUYEN/Primary Examiner, Art Unit 1758
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