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.
Claim(s) 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kostic et al (“Timber-mortar composites…) in view of Burckhardt et al (US 2017/0292050).
Regarding claim 1, Kostic discloses a method for producing a laminate, wherein:
(i) a wood body is provided,
(ii) the wood body is coated on its top face with an adhesive applied in liquid form,
(iii) the still-wet applied adhesive is overcoated with a liquid cementitious composition, and
(iv) the liquid cementitious composition and the adhesive are each cured.
Kostic does not disclose that the adhesive comprises at least one silane-group-containing polymer which is liquid at room temperature and at least one amine curing agent.
However, Kostic further indicates that the use of a silane composition with amine functionalities is advantageous (see Kostic: page 832, "4. Conclusion"): "the inclusion of a silane composition (with amine functionalities) improved the final properties by forming covalent bonds between the treated wood and the epoxy functionalities of the adhesive". On this basis, a person skilled in the art knows that the use of a silane and amine compound has a positive effect on the adhesion between layers.
Burckhardt discloses an adhesive suitable for wood and concrete, the adhesive comprising at least one silane-group-containing polymer which is liquid at room temperature, at least one epoxy liquid resin, and at least one amine hardener.
A person skilled in the art seeking to benefit from the effects of the silane compound and the amine compound would not be dissuaded from using the adhesive composition in Burckhardt in the method in Kostic, instead of performing the pre-
treatment, and would thereby arrive at the subject matter of claim 1.
Kostic further discloses employing beechwood and curing at 20°C (i.e. room temperature). Burckhardt discloses the silane group contains silicon (see paragraph [0015]), various epoxy resins (see paragraphs [[0056]-[0061] and may employ materials such as cement or fillers (see paragraph [0179]). Further, it is the examiner’s position that the wood and adhesive thicknesses and polymer ratios are within the purview of one having ordinary skill in the art and would have been obvious to employ based on the physical requirements of the materials being manufactured.
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 2, 8 and 13 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.
Claim 2, line 2, “preferably” is indefinite and needs to be rephrased.
Claim 2, line 3, “especially” is indefinite and needs to be rephrased.
Claim 8, line 3, “optionally” is indefinite and needs to be rephrased.
Claim 13, line 3, “optionally” is indefinite and needs to be rephrased.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES D SELLS whose telephone number is (571)272-1237. The examiner can normally be reached M-Th 8:30-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phillip Tucker can be reached at 571-272-1095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAMES D. SELLS
Primary Examiner
Art Unit 1745
/JAMES D SELLS/Primary Examiner, Art Unit 1745