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 .
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-9, in the reply filed on 01/09/2026 is acknowledged. The traversal is on the ground(s) that there is a special technical feature because Horn (US 4,024,116) does not teach a copolymer that comprises the structural elements A, B, and C and the claimed melting temperature, melt flow index, and film tensile modulus. This is not found persuasive because Groups I and II lack unity of invention because even though the inventions of these groups require the technical feature of the copolymer of claim 1, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Pineau et al. (US 2017/0096529 A1). Pineau teaches at least one copolyamide bearing amide units and polyether units, having a melting point from about 90 to about 150°C and having a flexural modulus of less than 100 MPa, as determined according to standard ISO 178 (2010) [0018], the said amide unit having the following structure: (A)x/(B))y/(C) [0019], resulting from the condensation of unit (A), unit (B), and unit (C) in which [0020] x=0 or 1, y=0 or 1, and x+y=1 or 2 [0021], A and B corresponding to an aliphatic repeating unit chosen from a unit obtained from at least one amino acid and a unit obtained from at least one lactam, or a unit X.Y obtained from the polycondensation [0022] of at least one diamine, the said diamine being chosen from a linear or branched aliphatic diamine, a cycloaliphatic diamine, or a mixture thereof, and [0023] of at least one dicarboxylic acid, the said diacid being chosen from [0024] an aliphatic diacid, and a cycloaliphatic diacid [0025], the said diamine and the said diacid comprising from 4 to 36 carbon atoms [0026], (C) represents a long-chain aliphatic repeating unit, obtained from a unit X.Y, of C10 or more, and [0027] (A) and (B) being different from each other when they are both present, and (A and B) being different from (C) when they are present alone or together [0028], the said polyether units especially being derived from a polyalkylene ether polyamine, especially a polyalkylene ether diamine [0029], wherein the amino acid has 9 to 12 carbon atoms [0036], wherein the lactam has 4 to 12 carbon atoms [0037], wherein the aliphatic diacid is a linear or branched aliphatic diacid [0043], wherein the formula (A)x/(B))y/(C) may thus correspond to the following formula: (A)/(B)/(C) when x and y=1 [0058], wherein the polyether unit may correspond to polyether blocks bearing reactive ends, such as [0088], polyoxyalkylene blocks bearing diamine chain ends obtained by cyanoethylation and hydrogenation of alpha-omega dehydroxylated aliphatic polyoxyalkylene blocks known as polyalkylene ether diols (polyetherdiols) [0090], wherein the copolyamide bearing amide units and polyether units may thus correspond to the products of condensation [0092] of polyamide blocks bearing dicarboxylic chain ends with polyoxyalkylene blocks bearing diamine chain ends (or polyalkylene ether polyamide) defined above [0094], wherein the polyamide blocks bearing dicarboxylic chain ends are derived, from example, from the condensation of polyamide precursors in the presence of a chain-limiting dicarboxylic acid [0096], wherein the process for preparing the copolyamide may also be considered such that all the monomers are added at the start, i.e. in a single step, to perform the polycondensation [0111], of the diamine(s) [0112], of the dicarboxylic acid(s), and [0113] where appropriate, of the other polyamide comonomer(s) [0114], in the presence of a chain limiter chosen from dicarboxylic acids [0115], in the presence of polyether units [0116], in the presence of a catalyst for the reaction between the amide units and the amide units [0117], wherein the copolyamide may thus have the following structure: [0123] (A)/(B)/(C)/polyether when x and y=1 [0123], wherein the polyether is chosen from PPG, or a PEG-PPG mixture [0124], wherein the composition has a melt volume-flow rate from about 5 to 200 cm3/10’, at 275° C, under a load of 2.16 kg as determined according to standard ISO 1133-2 (2011) [0147], wherein the weight proportion of long-chain aliphatic repeating unit in the said amide unit is from 40% to 95% [0151], wherein the weight proportion of polyether in the composition is greater than 40% [0154], wherein the number-average molecular mass of the polyether blocks is advantageously from 200 to 4000 g/mol [0162], which reads on a copolymer having amide structural elements and polyether structural elements and containing at least one structural element A, at least one structural element B, and at least one structural element C, wherein: structural element A is an aliphatic amide repeat unit selected from a structural element obtained from at least one amino acid, a structural element obtained from at least one lactam, and a structural element X1,Y1 obtained form the polycondensation of at least one aliphatic diamine designated X1, wherein the at least one aliphatic diamine designated X1 is optionally at least one linear aliphatic diamine designated X1, and at least one aliphatic dicarboxylic acid designed Y1, wherein the at least one aliphatic dicarboxylic acid designated Y1 is optionally at least one linear aliphatic dicarboxylic acid designated Y1, structural element A containing 4 to 72 carbon atoms, structural element B is an aliphatic amide repeat unit selected from a structural element obtained from at least one amino acid, a structural element obtained from at least one lactam, and a structural element X2.Y2 obtained from the polycondensation of at least one diamine designed X2, said diamine being selected from a linear or branched aliphatic diamine, a cycloaliphatic diamine, and a mixture thereof, and at least one dicarboxylic acid designated Y2, said diacid being selected from an aliphatic diacid and a cycloaliphatic diacid, structural element B containing 4 to 72 carbon atoms, structural element A being different from structural element B, structural element C is a repeat unit of the formula X3.Y3 obtained from the polycondensation of at least one polypropylene glycol diamine or at least one polyethylene glycol diamine and at least one polypropylene glycol diamine designated X3 and having a molecular weight of between 200 and 4000 g.mol-1 and an aliphatic dicarboxylic acid designated Y3, wherein the aliphatic dicarboxylic acid designated Y3 is optionally a linear aliphatic dicarboxylic acid designated Y3, structural element A representing greater than 0% and less than 36% by weight relative to the total weight of the copolymer, the melting temperature being between 90 and 150°C, as measured by DSC (differential scanning calorimetry) according to standard ISO 11357-3 (2013), the melt flow index being between 5 and 200 cm3/10 min, measured at 160°C under a load of 2.16 kg, determined according to standard ISO 1133-1 (2011), and the film tensile modulus being less than 100 MPa, as determined according to standard ISO 178 (2010). The % by weight relative to the total weight of the copolymer for the structural element A is based on the calculation (100% - 40%) * (100% - 40%) / 100% = 36%.
Pineau does not teach a specific embodiment in which the at least one aliphatic diamine designated X1 is at least one linear aliphatic diamine designated X1. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select Pineau’s at least one diamine from which Pineau’s unit X.Y is obtained in Pineau’s unit (A) to be chosen from a linear aliphatic diamine. The proposed modification would read on wherein the at least one aliphatic diamine designated X1 is at least one linear aliphatic diamine designated X1 as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been obvious to try with a reasonable expectation of success because Pineau teaches that A and B correspond to an aliphatic repeating unit chosen from a unit obtained from at least one amino acid and a unit obtained from at least one lactam, or a unit X.Y obtained from the polycondensation [0022] of at least one diamine, the said diamine being chosen from a linear or branched aliphatic diamine, a cycloaliphatic diamine, or a mixture thereof, and [0023] of at least one dicarboxylic acid, the said diacid being chosen from [0024] an aliphatic diacid, and a cycloaliphatic diacid [0025]. Examples of rationales that may support a conclusion of obviousness include: "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)).
Pineau does not teach a specific embodiment in which the at least one aliphatic dicarboxylic acid designated Y1 is at least one linear aliphatic dicarboxylic acid designated Y1. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select Pineau’s at least one dicarboxylic acid from which Pineau’s unit X.Y is obtained in Pineau’s unit (A) to be chosen from a linear aliphatic dicarboxylic acid. The proposed modification would read on wherein the at least one aliphatic dicarboxylic acid designated Y1 is at least one linear aliphatic dicarboxylic acid designated Y1 as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been obvious to try with a reasonable expectation of success because Pineau teaches that A and B correspond to an aliphatic repeating unit chosen from a unit obtained from at least one amino acid and a unit obtained from at least one lactam, or a unit X.Y obtained from the polycondensation [0022] of at least one diamine, the said diamine being chosen from a linear or branched aliphatic diamine, a cycloaliphatic diamine, or a mixture thereof, and [0023] of at least one dicarboxylic acid, the said diacid being chosen from [0024] an aliphatic diacid, and a cycloaliphatic diacid [0025], wherein the aliphatic diacid is a linear or branched aliphatic diacid [0043]. Examples of rationales that may support a conclusion of obviousness include: "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)).
Pineau does not teach with sufficient specificity wherein structural element A contains 10 or more carbon atoms. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select the number of carbon atoms in Pineau’s unit (A) to be from 10 to 72. The proposed modification would read on wherein structural element A contains 10 or more and 72 or less carbon atoms as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been obvious to try with a reasonable expectation of success because Pineau teaches that A and B correspond to an aliphatic repeating unit chosen from a unit obtained from at least one amino acid and a unit obtained from at least one lactam, or a unit X.Y obtained from the polycondensation [0022] of at least one diamine, the said diamine being chosen from a linear or branched aliphatic diamine, a cycloaliphatic diamine, or a mixture thereof, and [0023] of at least one dicarboxylic acid, the said diacid being chosen from [0024] an aliphatic diacid, and a cycloaliphatic diacid [0025], the said diamine and the said diacid comprising from 4 to 36 carbon atoms, advantageously from 6 to 18 carbon atoms [0026], wherein the amino acid has 9 to 12 carbon atoms [0036], wherein the lactam has 4 to 12 carbon atoms [0037]. Examples of rationales that may support a conclusion of obviousness include: "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)).
Pineau does not teach with sufficient specificity wherein structural element B contains from 6 to 36 carbon atoms. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select the number of carbon atoms in Pineau’s unit (B) to be from 6 to 36. The proposed modification would read on wherein structural element B contains from 6 to 36 carbon atoms as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been obvious to try with a reasonable expectation of success because Pineau teaches that A and B correspond to an aliphatic repeating unit chosen from a unit obtained from at least one amino acid and a unit obtained from at least one lactam, or a unit X.Y obtained from the polycondensation [0022] of at least one diamine, the said diamine being chosen from a linear or branched aliphatic diamine, a cycloaliphatic diamine, or a mixture thereof, and [0023] of at least one dicarboxylic acid, the said diacid being chosen from [0024] an aliphatic diacid, and a cycloaliphatic diacid [0025], the said diamine and the said diacid comprising from 4 to 36 carbon atoms, advantageously from 6 to 18 carbon atoms [0026], wherein the amino acid has 9 to 12 carbon atoms [0036], wherein the lactam has 4 to 12 carbon atoms [0037]. Examples of rationales that may support a conclusion of obviousness include: "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)).
Pineau does not teach with sufficient specificity that the at least one polyethylene glycol diamine and/or at least one polypropylene glycol diamine designated X3 has a molecular weight of between 200 and 1000 g.mol-1. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select the number-average molecular mass of Pineau’s polyether blocks to be from 200 to 1000 g/mol. The proposed modification would read on wherein the at least one polyethylene glycol diamine and/or at least one polypropylene glycol diamine designated X3 has a molecular weight of between 200 and 1000 g.mol-1 as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been obvious to try with a reasonable expectation of success because Pineau teaches that the number-average molecular mass of the polyether blocks is advantageously from 200 to 4000 g/mol, preferably from 250, 2500 g/mol, especially from 300 to 1000 g/mol, in particular 1000 [0162]. Examples of rationales that may support a conclusion of obviousness include: "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)).
Pineau does not teach a specific embodiment in which the aliphatic dicarboxylic acid designated Y3 is a linear aliphatic dicarboxylic acid designated Y3. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select Pineau’s at least one dicarboxylic acid from which Pineau’s unit X.Y is obtained in Pineau’s long-chain aliphatic repeating unit in Pineau’s unit (C) to be chosen from a linear aliphatic dicarboxylic acid of C10 or more, to select Pineau’s unit (C) to have dicarboxylic chain ends, and to select Pineau’s unit (C) to be bonded to Pineau’s polyether unit at the dicarboxylic chains ends of Pineau’s dicarboxylic chain ends. The proposed modification would read on wherein the aliphatic dicarboxylic acid designated Y3 is a linear aliphatic dicarboxylic acid designated Y3 as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been obvious to try with a reasonable expectation of success because Pineau teaches that (C) represents a long-chain aliphatic repeating unit, obtained from a unit X.Y, of C10 or more [0027], (A and B) being different from (C) when they are present alone or together [0028], a unit X.Y obtained from the polycondensation [0022] of at least one diamine, the said diamine being chosen from a linear or branched aliphatic diamine, a cycloaliphatic diamine, or a mixture thereof, and [0023] of at least one dicarboxylic acid, the said diacid being chosen from [0024] an aliphatic diacid, and a cycloaliphatic diacid [0025], wherein the aliphatic diacid is a linear or branched aliphatic diacid [0043], wherein the polyether unit may correspond to polyether blocks bearing reactive ends, such as [0088], polyoxyalkylene blocks bearing diamine chain ends obtained by cyanoethylation and hydrogenation of alpha-omega dehydroxylated aliphatic polyoxyalkylene blocks known as polyalkylene ether diols (polyetherdiols) [0090], wherein the copolyamide bearing amide units and polyether units may thus correspond to the products of condensation [0092] of polyamide blocks bearing dicarboxylic chain ends with polyoxyalkylene blocks bearing diamine chain ends (or polyalkylene ether polyamide) defined above [0094], wherein the polyamide blocks bearing dicarboxylic chain ends are derived, from example, from the condensation of polyamide precursors in the presence of a chain-limiting dicarboxylic acid [0096], wherein the process for preparing the copolyamide may also be considered such that all the monomers are added at the start, i.e. in a single step, to perform the polycondensation [0111], of the diamine(s) [0112], of the dicarboxylic acid(s), and [0113] where appropriate, of the other polyamide comonomer(s) [0114], in the presence of a chain limiter chosen from dicarboxylic acids [0115], in the presence of polyether units [0116], in the presence of a catalyst for the reaction between the amide units and the amide units [0117]. Examples of rationales that may support a conclusion of obviousness include: "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)).
Pineau does not teach a specific embodiment in which structural element A represents at least 30% by weight relative to the total weight of the copolymer. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select the weight proportion of Pineau’s unit (A) in Pineau’s least one copolyamide to be from 30% to less than 36%. The proposed modification would read on wherein structural element A represents at least 30% and less than 36% by weight relative to the total weight of the copolymer as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been obvious to try with a reasonable expectation of success because Pineau teaches that the weight proportion of long-chain aliphatic repeating unit in the said amide unit is from 40% to 95%, especially from 50% to 95%, especially from 60% to 80%, in particular from 70% to 80%, in particular from 70% to 80% [0151], that the weight proportion of polyether in the composition is greater than 40%, in particular from 50% to 80%, and especially about 50% [0154], that the at least one copolyamide bears amide units and polyether units [0018], the said amide unit having the following structure: (A)x/(B))y/(C) [0019], in which [0020] x=0 or 1, y=0 or 1, and x+y=1 or 2 [0021], wherein the formula (A)x/(B))y/(C) may thus correspond to the following formula: (A)/(B)/(C) when x and y=1 [0058], wherein the copolyamide may thus have the following structure: [0123] (A)/(B)/(C)/polyether when x and y=1 [0123], which means that the weight proportion of Pineau’s unit (A) in Pineau’s least one copolyamide can be greater than 0% and less than 36%. Examples of rationales that may support a conclusion of obviousness include: "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)).
The requirement is still deemed proper and is therefore made FINAL.
Claims 10 and 11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 01/09/2026.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claim 4 is objected to because of the following informalities: Claim 4 recites “thee” in line 1, which is a misspelling of “the”. Appropriate correction is required.
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, 6, and 9 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 recites the limitation “structural elements C” in line 3, which is indefinite because it is unclear if it requires more than one “structural element C” or if it is referring to “at least one structural element C” that is recited in claim 1, line 3. For further examination of the claims, this limitation is interpreted as “structural element C”.
Claim 6 recites the limitation “the copolymer is selected from 10.12/6/PPG400.12, 11/6/PPG400.6, 12/6/PPG400.6, 10.10/6/PPG400.10, 11/6/6.6/PPG400.6, 11/12/6/6.6/PPG400.6, and 11/10.10/PPG400.10” in lines 1-3, which is indefinite because the composition of “10.12/6/PPG400.12, 11/6/PPG400.6, 12/6/PPG400.6, 10.10/6/PPG400.10, 11/6/6.6/PPG400.6, 11/12/6/6.6/PPG400.6, and 11/10.10/PPG400.10” is unclear. Based on the specification of the instant application (p. 4, l. 3-p. 16, l. 6), this limitation is interpreted as “the copolymer is selected from a copolymer wherein X1 is decanediamine, Y1 is dodecanedioic acid, B is obtained from caprolactam, X3 is polypropylene glycol diamine having a molecular weight of 400 g/mol, and Y3 is dodecanedioic acid (10.12/6/PPG400.12), a copolymer wherein A is obtained from 11-aminoundecanoic acid or undecanolactam, B is obtained from caprolactam, X3 is polypropylene glycol diamine having a molecular weight of 400 g/mol, and Y3 is adipic acid (11/6/PPG400.6), a copolymer wherein A is obtained from 12-aminododecanoic acid or lauryllactam, B is obtained from caprolactam, X3 is polypropylene glycol diamine having a molecular weight of 400 g/mol, and Y3 is adipic acid (12/6/PPG400.6), a copolymer wherein X1 is decanediamine, Y1 is sebacic acid, B is obtained from caprolactam, X3 is polypropylene glycol diamine having a molecular weight of 400 g/mol, and Y3 is sebacic acid (10.10/6/PPG400.10), a copolymer wherein A is obtained from 11-aminoundecanoic acid or undecanolactam and from caprolactam, X2 is hexanediamine, Y2 is adipic acid, X3 is polypropylene glycol diamine having a molecular weight of 400 g/mol, and Y3 is adipic acid (11/6/6.6/PPG400.6), a copolymer wherein A is obtained from 11-aminoundecanoic acid or undecanolactam, from 12-aminododecanoic acid or lauryllactam, and from caprolactam, X2 is hexanediamine, Y2 is adipic acid, X3 is polypropylene glycol diamine having a molecular weight of 400 g/mol, and Y3 is adipic acid (11/12/6/6.6/PPG400.6), and a copolymer wherein A is obtained from 11-aminoundecanoic acid or undecanolactam, X2 is decanediamine, Y2 is sebacic acid, X3 is polypropylene glycol diamine having a molecular weight of 400 g/mol, and Y3 is sebacic acid (11/10.10/PPG400.10)”.
Claim 9 recites the limitation “The composition as claimed in claim 7, wherein the composition comes in the form of a web, a film, granules, a filament, a grid, a powder or a suspension” in lines 1-3, which is indefinite because it is unclear how it limits the composition or the structure of “the composition as claimed in claim 7” because a composition cannot be in the form of a web, a film, granules, a filament, a grid, a powder or a suspension, but a web, a film, granules, a filament, a grid, a powder, or a suspension can comprise a composition. For further examination of the claims, this limitation is interpreted as “A web, a film, granules, a filament, a grid, a powder or a suspension, each comprising the composition as claimed in claim 7”.
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.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Pineau et al. (US 2017/0096529 A1).
Regarding claim 1, Pineau teaches at least one copolyamide bearing amide units and polyether units, having a melting point from about 90 to about 150°C and having a flexural modulus of less than 100 MPa, as determined according to standard ISO 178 (2010) [0018], the said amide unit having the following structure: (A)x/(B))y/(C) [0019], resulting from the condensation of unit (A), unit (B), and unit (C) in which [0020] x=0 or 1, y=0 or 1, and x+y=1 or 2 [0021], A and B corresponding to an aliphatic repeating unit chosen from a unit obtained from at least one amino acid and a unit obtained from at least one lactam, or a unit X.Y obtained from the polycondensation [0022] of at least one diamine, the said diamine being chosen from a linear or branched aliphatic diamine, a cycloaliphatic diamine, or a mixture thereof, and [0023] of at least one dicarboxylic acid, the said diacid being chosen from [0024] an aliphatic diacid, and a cycloaliphatic diacid [0025], the said diamine and the said diacid comprising from 4 to 36 carbon atoms [0026], (C) represents a long-chain aliphatic repeating unit, obtained from a unit X.Y, of C10 or more, and [0027] (A) and (B) being different from each other when they are both present, and (A and B) being different from (C) when they are present alone or together [0028], the said polyether units especially being derived from a polyalkylene ether polyamine, especially a polyalkylene ether diamine [0029], wherein the amino acid has 9 to 12 carbon atoms [0036], wherein the lactam has 4 to 12 carbon atoms [0037], wherein the aliphatic diacid is a linear or branched aliphatic diacid [0043], wherein the formula (A)x/(B))y/(C) may thus correspond to the following formula: (A)/(B)/(C) when x and y=1 [0058], wherein the polyether unit may correspond to polyether blocks bearing reactive ends, such as [0088], polyoxyalkylene blocks bearing diamine chain ends obtained by cyanoethylation and hydrogenation of alpha-omega dehydroxylated aliphatic polyoxyalkylene blocks known as polyalkylene ether diols (polyetherdiols) [0090], wherein the copolyamide bearing amide units and polyether units may thus correspond to the products of condensation [0092] of polyamide blocks bearing dicarboxylic chain ends with polyoxyalkylene blocks bearing diamine chain ends (or polyalkylene ether polyamide) defined above [0094], wherein the polyamide blocks bearing dicarboxylic chain ends are derived, from example, from the condensation of polyamide precursors in the presence of a chain-limiting dicarboxylic acid [0096], wherein the process for preparing the copolyamide may also be considered such that all the monomers are added at the start, i.e. in a single step, to perform the polycondensation [0111], of the diamine(s) [0112], of the dicarboxylic acid(s), and [0113] where appropriate, of the other polyamide comonomer(s) [0114], in the presence of a chain limiter chosen from dicarboxylic acids [0115], in the presence of polyether units [0116], in the presence of a catalyst for the reaction between the amide units and the amide units [0117], wherein the copolyamide may thus have the following structure: [0123] (A)/(B)/(C)/polyether when x and y=1 [0123], wherein the polyether is chosen from PPG, or a PEG-PPG mixture [0124], wherein the composition has a melt volume-flow rate from about 5 to 200 cm3/10’, at 275° C, under a load of 2.16 kg as determined according to standard ISO 1133-2 (2011) [0147], wherein the weight proportion of long-chain aliphatic repeating unit in the said amide unit is from 40% to 95% [0151], wherein the weight proportion of polyether in the composition is greater than 40% [0154], wherein the number-average molecular mass of the polyether blocks is advantageously from 200 to 4000 g/mol [0162], which reads on a copolymer having amide structural elements and polyether structural elements and containing at least one structural element A, at least one structural element B, and at least one structural element C, wherein: structural element A is an aliphatic amide repeat unit selected from a structural element obtained from at least one amino acid, a structural element obtained from at least one lactam, and a structural element X1,Y1 obtained form the polycondensation of at least one aliphatic diamine designated X1, wherein the at least one aliphatic diamine designated X1 is optionally at least one linear aliphatic diamine designated X1, and at least one aliphatic dicarboxylic acid designed Y1, wherein the at least one aliphatic dicarboxylic acid designated Y1 is optionally at least one linear aliphatic dicarboxylic acid designated Y1, structural element A containing 4 to 72 carbon atoms, structural element B is an aliphatic amide repeat unit selected from a structural element obtained from at least one amino acid, a structural element obtained from at least one lactam, and a structural element X2.Y2 obtained from the polycondensation of at least one diamine designed X2, said diamine being selected from a linear or branched aliphatic diamine, a cycloaliphatic diamine, and a mixture thereof, and at least one dicarboxylic acid designated Y2, said diacid being selected from an aliphatic diacid and a cycloaliphatic diacid, structural element B containing 4 to 72 carbon atoms, structural element A being different from structural element B, structural element C is a repeat unit of the formula X3.Y3 obtained from the polycondensation of at least one polypropylene glycol diamine or at least one polyethylene glycol diamine and at least one polypropylene glycol diamine designated X3 and having a molecular weight of between 200 and 4000 g.mol-1 and an aliphatic dicarboxylic acid designated Y3, wherein the aliphatic dicarboxylic acid designated Y3 is optionally a linear aliphatic dicarboxylic acid designated Y3, structural element A representing greater than 0% and less than 36% by weight relative to the total weight of the copolymer, the melting temperature being between 90 and 150°C, as measured by DSC (differential scanning calorimetry) according to standard ISO 11357-3 (2013), the melt flow index being between 5 and 200 cm3/10 min, measured at 160°C under a load of 2.16 kg, determined according to standard ISO 1133-1 (2011), and the film tensile modulus being less than 100 MPa, as determined according to standard ISO 178 (2010). The % by weight relative to the total weight of the copolymer for the structural element A is based on the calculation (100% - 40%) * (100% - 40%) / 100% = 36%.
Pineau does not teach a specific embodiment in which the at least one aliphatic diamine designated X1 is at least one linear aliphatic diamine designated X1. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select Pineau’s at least one diamine from which Pineau’s unit X.Y is obtained in Pineau’s unit (A) to be chosen from a linear aliphatic diamine. The proposed modification would read on wherein the at least one aliphatic diamine designated X1 is at least one linear aliphatic diamine designated X1 as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been obvious to try with a reasonable expectation of success because Pineau teaches that A and B correspond to an aliphatic repeating unit chosen from a unit obtained from at least one amino acid and a unit obtained from at least one lactam, or a unit X.Y obtained from the polycondensation [0022] of at least one diamine, the said diamine being chosen from a linear or branched aliphatic diamine, a cycloaliphatic diamine, or a mixture thereof, and [0023] of at least one dicarboxylic acid, the said diacid being chosen from [0024] an aliphatic diacid, and a cycloaliphatic diacid [0025]. Examples of rationales that may support a conclusion of obviousness include: "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)).
Pineau does not teach a specific embodiment in which the at least one aliphatic dicarboxylic acid designated Y1 is at least one linear aliphatic dicarboxylic acid designated Y1. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select Pineau’s at least one dicarboxylic acid from which Pineau’s unit X.Y is obtained in Pineau’s unit (A) to be chosen from a linear aliphatic dicarboxylic acid. The proposed modification would read on wherein the at least one aliphatic dicarboxylic acid designated Y1 is at least one linear aliphatic dicarboxylic acid designated Y1 as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been obvious to try with a reasonable expectation of success because Pineau teaches that A and B correspond to an aliphatic repeating unit chosen from a unit obtained from at least one amino acid and a unit obtained from at least one lactam, or a unit X.Y obtained from the polycondensation [0022] of at least one diamine, the said diamine being chosen from a linear or branched aliphatic diamine, a cycloaliphatic diamine, or a mixture thereof, and [0023] of at least one dicarboxylic acid, the said diacid being chosen from [0024] an aliphatic diacid, and a cycloaliphatic diacid [0025], wherein the aliphatic diacid is a linear or branched aliphatic diacid [0043]. Examples of rationales that may support a conclusion of obviousness include: "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)).
Pineau does not teach with sufficient specificity wherein structural element A contains 10 or more carbon atoms. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select the number of carbon atoms in Pineau’s unit (A) to be from 10 to 72. The proposed modification would read on wherein structural element A contains 10 or more and 72 or less carbon atoms as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been obvious to try with a reasonable expectation of success because Pineau teaches that A and B correspond to an aliphatic repeating unit chosen from a unit obtained from at least one amino acid and a unit obtained from at least one lactam, or a unit X.Y obtained from the polycondensation [0022] of at least one diamine, the said diamine being chosen from a linear or branched aliphatic diamine, a cycloaliphatic diamine, or a mixture thereof, and [0023] of at least one dicarboxylic acid, the said diacid being chosen from [0024] an aliphatic diacid, and a cycloaliphatic diacid [0025], the said diamine and the said diacid comprising from 4 to 36 carbon atoms, advantageously from 6 to 18 carbon atoms [0026], wherein the amino acid has 9 to 12 carbon atoms [0036], wherein the lactam has 4 to 12 carbon atoms [0037]. Examples of rationales that may support a conclusion of obviousness include: "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)).
Pineau does not teach with sufficient specificity wherein structural element B contains from 6 to 36 carbon atoms. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select the number of carbon atoms in Pineau’s unit (B) to be from 6 to 36. The proposed modification would read on wherein structural element B contains from 6 to 36 carbon atoms as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been obvious to try with a reasonable expectation of success because Pineau teaches that A and B correspond to an aliphatic repeating unit chosen from a unit obtained from at least one amino acid and a unit obtained from at least one lactam, or a unit X.Y obtained from the polycondensation [0022] of at least one diamine, the said diamine being chosen from a linear or branched aliphatic diamine, a cycloaliphatic diamine, or a mixture thereof, and [0023] of at least one dicarboxylic acid, the said diacid being chosen from [0024] an aliphatic diacid, and a cycloaliphatic diacid [0025], the said diamine and the said diacid comprising from 4 to 36 carbon atoms, advantageously from 6 to 18 carbon atoms [0026], wherein the amino acid has 9 to 12 carbon atoms [0036], wherein the lactam has 4 to 12 carbon atoms [0037]. Examples of rationales that may support a conclusion of obviousness include: "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)).
Pineau does not teach with sufficient specificity that the at least one polyethylene glycol diamine and/or at least one polypropylene glycol diamine designated X3 has a molecular weight of between 200 and 1000 g.mol-1. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select the number-average molecular mass of Pineau’s polyether blocks to be from 200 to 1000 g/mol. The proposed modification would read on wherein the at least one polyethylene glycol diamine and/or at least one polypropylene glycol diamine designated X3 has a molecular weight of between 200 and 1000 g.mol-1 as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been obvious to try with a reasonable expectation of success because Pineau teaches that the number-average molecular mass of the polyether blocks is advantageously from 200 to 4000 g/mol, preferably from 250, 2500 g/mol, especially from 300 to 1000 g/mol, in particular 1000 [0162]. Examples of rationales that may support a conclusion of obviousness include: "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)).
Pineau does not teach a specific embodiment in which the aliphatic dicarboxylic acid designated Y3 is a linear aliphatic dicarboxylic acid designated Y3. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select Pineau’s at least one dicarboxylic acid from which Pineau’s unit X.Y is obtained in Pineau’s long-chain aliphatic repeating unit in Pineau’s unit (C) to be chosen from a linear aliphatic dicarboxylic acid of C10 or more, to select Pineau’s unit (C) to have dicarboxylic chain ends, and to select Pineau’s unit (C) to be bonded to Pineau’s polyether unit at the dicarboxylic chains ends of Pineau’s dicarboxylic chain ends. The proposed modification would read on wherein the aliphatic dicarboxylic acid designated Y3 is a linear aliphatic dicarboxylic acid designated Y3 as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been obvious to try with a reasonable expectation of success because Pineau teaches that (C) represents a long-chain aliphatic repeating unit, obtained from a unit X.Y, of C10 or more [0027], (A and B) being different from (C) when they are present alone or together [0028], a unit X.Y obtained from the polycondensation [0022] of at least one diamine, the said diamine being chosen from a linear or branched aliphatic diamine, a cycloaliphatic diamine, or a mixture thereof, and [0023] of at least one dicarboxylic acid, the said diacid being chosen from [0024] an aliphatic diacid, and a cycloaliphatic diacid [0025], wherein the aliphatic diacid is a linear or branched aliphatic diacid [0043], wherein the polyether unit may correspond to polyether blocks bearing reactive ends, such as [0088], polyoxyalkylene blocks bearing diamine chain ends obtained by cyanoethylation and hydrogenation of alpha-omega dehydroxylated aliphatic polyoxyalkylene blocks known as polyalkylene ether diols (polyetherdiols) [0090], wherein the copolyamide bearing amide units and polyether units may thus correspond to the products of condensation [0092] of polyamide blocks bearing dicarboxylic chain ends with polyoxyalkylene blocks bearing diamine chain ends (or polyalkylene ether polyamide) defined above [0094], wherein the polyamide blocks bearing dicarboxylic chain ends are derived, from example, from the condensation of polyamide precursors in the presence of a chain-limiting dicarboxylic acid [0096], wherein the process for preparing the copolyamide may also be considered such that all the monomers are added at the start, i.e. in a single step, to perform the polycondensation [0111], of the diamine(s) [0112], of the dicarboxylic acid(s), and [0113] where appropriate, of the other polyamide comonomer(s) [0114], in the presence of a chain limiter chosen from dicarboxylic acids [0115], in the presence of polyether units [0116], in the presence of a catalyst for the reaction between the amide units and the amide units [0117]. Examples of rationales that may support a conclusion of obviousness include: "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)).
Pineau does not teach a specific embodiment in which structural element A represents at least 30% by weight relative to the total weight of the copolymer. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select the weight proportion of Pineau’s unit (A) in Pineau’s least one copolyamide to be from 30% to less than 36%. The proposed modification would read on wherein structural element A represents at least 30% and less than 36% by weight relative to the total weight of the copolymer as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been obvious to try with a reasonable expectation of success because Pineau teaches that the weight proportion of long-chain aliphatic repeating unit in the said amide unit is from 40% to 95%, especially from 50% to 95%, especially from 60% to 80%, in particular from 70% to 80%, in particular from 70% to 80% [0151], that the weight proportion of polyether in the composition is greater than 40%, in particular from 50% to 80%, and especially about 50% [0154], that the at least one copolyamide bears amide units and polyether units [0018], the said amide unit having the following structure: (A)x/(B))y/(C) [0019], in which [0020] x=0 or 1, y=0 or 1, and x+y=1 or 2 [0021], wherein the formula (A)x/(B))y/(C) may thus correspond to the following formula: (A)/(B)/(C) when x and y=1 [0058], wherein the copolyamide may thus have the following structure: [0123] (A)/(B)/(C)/polyether when x and y=1 [0123], which means that the weight proportion of Pineau’s unit (A) in Pineau’s least one copolyamide can be greater than 0% and less than 36%. Examples of rationales that may support a conclusion of obviousness include: "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)).
Regarding claim 2, Pineau teaches that (C) represents a long-chain aliphatic repeating unit, obtained from a unit X.Y, of C10 or more [0027], wherein the weight proportion of long-chain aliphatic repeating unit in the said amide unit is from 40% to 95% [0151], wherein the weight proportion of polyether in the composition is greater than 40% [0154]. As explained above for claim 1, before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select Pineau’s at least one dicarboxylic acid from which Pineau’s unit X.Y is obtained in Pineau’s long-chain aliphatic repeating unit in Pineau’s unit (C) to be chosen from a linear aliphatic dicarboxylic acid of C10 or more, to select Pineau’s unit (C) to have dicarboxylic chain ends, and to select Pineau’s unit (C) to be bonded to Pineau’s polyether unit at the dicarboxylic chains ends of Pineau’s dicarboxylic chain ends. Pineau therefore renders it obvious wherein the copolymer comprises greater than 40% by weight relative to the total weight of the copolymer of structural elements C as claimed.
Regarding claim 3, Pineau teaches that the at least one copolyamide bears amide units and polyether units [0018], the said amide unit having the following structure: (A)x/(B))y/(C) [0019], resulting from the condensation of unit (A), unit (B), and unit (C) in which [0020] x=0 or 1, y=0 or 1, and x+y=1 or 2 [0021], the said amide unit having the following structure: (A)x/(B))y/(C) [0019], resulting from the condensation of unit (A), unit (B), and unit (C) in which [0020] x=0 or 1, y=0 or 1, and x+y=1 or 2 [0021], wherein the formula (A)x/(B))y/(C) may thus correspond to the following formula: (A)/(B)/(C) when x and y=1 [0058], wherein the copolyamide may thus have the following structure: [0123] (A)/(B)/(C)/polyether when x and y=1 [0123], wherein the weight proportion of long-chain aliphatic repeating unit in the said amide unit is from 40% to 95% [0151], wherein the weight proportion of polyether in the composition is greater than 40% [0154], which reads on wherein the copolymer comprises greater than 0% and less than 36% by weight of structural element A, greater than 0% and less than 36% by weight of structural element B, and greater than 40% and less than 100% by weight of structural element C, relative to the total weight of the copolymer, the sum total of the contents of structural elements A, B, and C being 100%. The % by weight relative to the total weight of the copolymer for the structural element A and structural element B is based on the calculation (100% - 40%) * (100% - 40%) / 100% = 36%.
Pineau does not teach a specific embodiment wherein the copolymer comprises between 30% and 50% by weight of the structural element A, relative to the total weight of the copolymer. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select the weight proportion of Pineau’s unit (A) in Pineau’s least one copolyamide to be greater than 30% and less than 36%. The proposed modification would read on wherein the copolymer comprises between 30% and 36% by weight of the structural element A, relative to the total weight of the copolymer as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been obvious to try with a reasonable expectation of success because Pineau teaches that the weight proportion of long-chain aliphatic repeating unit in the said amide unit is from 40% to 95%, especially from 50% to 95%, especially from 60% to 80%, in particular from 70% to 80%, in particular from 70% to 80% [0151], that the weight proportion of polyether in the composition is greater than 40%, in particular from 50% to 80%, and especially about 50% [0154], that the at least one copolyamide bears amide units and polyether units [0018], the said amide unit having the following structure: (A)x/(B))y/(C) [0019], in which [0020] x=0 or 1, y=0 or 1, and x+y=1 or 2 [0021], wherein the formula (A)x/(B))y/(C) may thus correspond to the following formula: (A)/(B)/(C) when x and y=1 [0058], wherein the copolyamide may thus have the following structure: [0123] (A)/(B)/(C)/polyether when x and y=1 [0123], which means that the weight proportion of Pineau’s unit (A) in Pineau’s least one copolyamide can be greater than 0% and less than 36%. Examples of rationales that may support a conclusion of obviousness include: "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)).
Pineau does not teach a specific embodiment wherein the copolymer comprises between 10% and 40% by weight of structural element B, relative to the total weight of the copolymer. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select the weight proportion of Pineau’s unit (B) to be greater than 10% and less than 20%. The proposed modification would read on wherein the copolymer comprises between 10% and 20% by weight of structural element B, relative to the total weight of the copolymer as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been obvious to try with a reasonable expectation of success because Pineau teaches that the weight proportion of long-chain aliphatic repeating unit in the said amide unit is from 40% to 95%, especially from 50% to 95%, especially from 60% to 80%, in particular from 70% to 80%, in particular from 70% to 80% [0151], that the weight proportion of polyether in the composition is greater than 40%, in particular from 50% to 80%, and especially about 50% [0154], that the at least one copolyamide bears amide units and polyether units [0018], the said amide unit having the following structure: (A)x/(B))y/(C) [0019], in which [0020] x=0 or 1, y=0 or 1, and x+y=1 or 2 [0021], wherein the formula (A)x/(B))y/(C) may thus correspond to the following formula: (A)/(B)/(C) when x and y=1 [0058], wherein the copolyamide may thus have the following structure: [0123] (A)/(B)/(C)/polyether when x and y=1 [0123], which means that the weight proportion of Pineau’s unit (B) in Pineau’s least one copolyamide can be greater than 0% and less than 36%. Examples of rationales that may support a conclusion of obviousness include: "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)).
Pineau does not teach a specific embodiment wherein the copolymer comprises between 30% and 50% by weight of structural element C, relative to the total weight of the copolymer. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select Pineau’s at least one dicarboxylic acid from which Pineau’s unit X.Y is obtained in Pineau’s long-chain aliphatic repeating unit in Pineau’s unit (C) to be chosen from a linear aliphatic dicarboxylic acid of C10 or more, to select Pineau’s unit (C) to have dicarboxylic chain ends, to select Pineau’s unit (C) to be bonded to Pineau’s polyether unit at the dicarboxylic chains ends of Pineau’s dicarboxylic chain ends, and to select the total weight proportion of Pineau’s unit (C) and Pineau’s polyether unit to be greater than 40% and less than 50%. The proposed modification would read on wherein the copolymer comprises between 40% and 50% by weight of structural element C, relative to the total weight of the copolymer as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been obvious to try with a reasonable expectation of success because Pineau teaches that (C) represents a long-chain aliphatic repeating unit, obtained from a unit X.Y, of C10 or more [0027], (A and B) being different from (C) when they are present alone or together [0028], a unit X.Y obtained from the polycondensation [0022] of at least one diamine, the said diamine being chosen from a linear or branched aliphatic diamine, a cycloaliphatic diamine, or a mixture thereof, and [0023] of at least one dicarboxylic acid, the said diacid being chosen from [0024] an aliphatic diacid, and a cycloaliphatic diacid [0025], wherein the aliphatic diacid is a linear or branched aliphatic diacid [0043], wherein the polyether unit may correspond to polyether blocks bearing reactive ends, such as [0088], polyoxyalkylene blocks bearing diamine chain ends obtained by cyanoethylation and hydrogenation of alpha-omega dehydroxylated aliphatic polyoxyalkylene blocks known as polyalkylene ether diols (polyetherdiols) [0090], wherein the copolyamide bearing amide units and polyether units may thus correspond to the products of condensation [0092] of polyamide blocks bearing dicarboxylic chain ends with polyoxyalkylene blocks bearing diamine chain ends (or polyalkylene ether polyamide) defined above [0094], wherein the polyamide blocks bearing dicarboxylic chain ends are derived, from example, from the condensation of polyamide precursors in the presence of a chain-limiting dicarboxylic acid [0096], wherein the process for preparing the copolyamide may also be considered such that all the monomers are added at the start, i.e. in a single step, to perform the polycondensation [0111], of the diamine(s) [0112], of the dicarboxylic acid(s), and [0113] where appropriate, of the other polyamide comonomer(s) [0114], in the presence of a chain limiter chosen from dicarboxylic acids [0115], in the presence of polyether units [0116], in the presence of a catalyst for the reaction between the amide units and the amide units [0117], that the weight proportion of long-chain aliphatic repeating unit in the said amide unit is from 40% to 95%, especially from 50% to 95%, especially from 60% to 80%, in particular from 70% to 80%, in particular from 70% to 80% [0151], and that the weight proportion of polyether in the composition is greater than 40%, in particular from 50% to 80%, and especially about 50% [0154]. Examples of rationales that may support a conclusion of obviousness include: "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)).
Regarding claim 4, Pineau teaches that A and B correspond to an aliphatic repeating unit chosen from a unit obtained from at least one amino acid and a unit obtained from at least one lactam, or a unit X.Y obtained from the polycondensation [0022] of at least one diamine, the said diamine being chosen from a linear or branched aliphatic diamine, a cycloaliphatic diamine, or a mixture thereof, and [0023] of at least one dicarboxylic acid, the said diacid being chosen from [0024] an aliphatic diacid, and a cycloaliphatic diacid [0025], the said diamine and the said diacid comprising from 4 to 36 carbon atoms [0026], wherein when the aliphatic repeating unit is obtained from a unit derived form an amino acid, it may be chosen from 11-aminoundecanoic acid [0036], wherein when the aliphatic repeating unit is obtained from a unit derived from a lactam, it may be chosen from decanolactam and lauryllactam [0037], wherein the when the diamine is aliphatic and linear, the diamine monomer is preferably chosen from decanediamine [0039], wherein the diacid monomer is preferably chosen from sebacic acid and dodecanedioic acid [0044], which optionally reads on wherein the structural element A is obtained from a structural element selected from decanolactam, 11-aminoundecanoic acid, lauryllactam, the structural element designated 10.10 obtained from decanediamine and sebacic acid, and the structural element designated 10.12 obtained from decanediamine and dodecanedioic acid as claimed.
Pineau does not teach a specific embodiment wherein the structural element A is obtained from a structural element selected from decanolactam, 11-aminoundecanoic acid, lauryllactam, the structural element designated 10.10 obtained from decanediamine and sebacic acid, and the structural element designated 10.12 obtained from decanediamine and dodecanedioic acid. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select Pineau’s unit (A) to be chosen from a unit obtained from one amino acid that is 11-aminoundecanoic acid, a unit obtained from one lactam chosen from decanolactam and lauryllactam, and a unit X.Y obtained from the polycondensation of one diamine that is decanediamine and one dicarboxylic acid chosen from sebacic acid and dodecanedioic acid. The proposed modification would read on wherein the structural element A is obtained from a structural element selected from decanolactam, 11-aminoundecanoic acid, lauryllactam, the structural element designated 10.10 obtained from decanediamine and sebacic acid, and the structural element designated 10.12 obtained from decanediamine and dodecanedioic acid as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been obvious to try with a reasonable expectation of success because Pineau teaches that A and B correspond to an aliphatic repeating unit chosen from a unit obtained from at least one amino acid and a unit obtained from at least one lactam, or a unit X.Y obtained from the polycondensation [0022] of at least one diamine, the said diamine being chosen from a linear or branched aliphatic diamine, a cycloaliphatic diamine, or a mixture thereof, and [0023] of at least one dicarboxylic acid, the said diacid being chosen from [0024] an aliphatic diacid, and a cycloaliphatic diacid [0025], the said diamine and the said diacid comprising from 4 to 36 carbon atoms [0026], wherein when the aliphatic repeating unit is obtained from a unit derived form an amino acid, it may be chosen from 11-aminoundecanoic acid [0036], wherein when the aliphatic repeating unit is obtained from a unit derived from a lactam, it may be chosen from decanolactam and lauryllactam [0037], wherein the when the diamine is aliphatic and linear, the diamine monomer is preferably chosen from decanediamine [0039], wherein the diacid monomer is preferably chosen from sebacic acid and dodecanedioic acid [0044]. Examples of rationales that may support a conclusion of obviousness include: "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)).
Regarding claim 5, Pineau teaches that A and B correspond to an aliphatic repeating unit chosen from a unit obtained from at least one amino acid and a unit obtained from at least one lactam, or a unit X.Y obtained from the polycondensation [0022] of at least one diamine, the said diamine being chosen from a linear or branched aliphatic diamine, a cycloaliphatic diamine, or a mixture thereof, and [0023] of at least one dicarboxylic acid, the said diacid being chosen from [0024] an aliphatic diacid, and a cycloaliphatic diacid [0025], the said diamine and the said diacid comprising from 4 to 36 carbon atoms [0026], wherein when the aliphatic repeating unit is obtained from a unit derived from a lactam, it may be chosen from caprolactam [0037], wherein the when the diamine is aliphatic and linear, the diamine monomer is preferably chosen from hexanediamine and decanediamine [0039], wherein the diacid monomer is preferably chosen from adipic acid and sebacic acid [0044], which optionally reads on wherein the structural element B is obtained from a structural element selected from caprolactam, the structural element designated 6.6 obtained from hexanediamine and adipic acid, and the structural element designated 10.10 obtained from decanediamine and sebacic acid as claimed.
Pineau does not teach a specific embodiment wherein the structural element B is obtained from a structural element selected from caprolactam, the structural element designated 6.6 obtained from hexanediamine and adipic acid, and the structural element designated 10.10 obtained from decanediamine and sebacic acid. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select Pineau’s unit (B) to be chosen from a unit obtained from one lactam that is caprolactam, a unit X.Y obtained from the polycondensation of one diamine that is hexanediamine and one dicarboxylic acid that is adipic acid, and a unit X.Y obtained from the polycondensation of one diamine that is decanediamine and one dicarboxylic acid that is sebacic acid. The proposed modification would read on wherein the structural element B is obtained from a structural element selected from caprolactam, the structural element designated 6.6 obtained from hexanediamine and adipic acid, and the structural element designated 10.10 obtained from decanediamine and sebacic acid as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been obvious to try with a reasonable expectation of success because Pineau teaches that A and B correspond to an aliphatic repeating unit chosen from a unit obtained from at least one amino acid and a unit obtained from at least one lactam, or a unit X.Y obtained from the polycondensation [0022] of at least one diamine, the said diamine being chosen from a linear or branched aliphatic diamine, a cycloaliphatic diamine, or a mixture thereof, and [0023] of at least one dicarboxylic acid, the said diacid being chosen from [0024] an aliphatic diacid, and a cycloaliphatic diacid [0025], the said diamine and the said diacid comprising from 4 to 36 carbon atoms [0026], wherein when the aliphatic repeating unit is obtained from a unit derived from a lactam, it may be chosen from caprolactam [0037], wherein the when the diamine is aliphatic and linear, the diamine monomer is preferably chosen from hexanediamine and decanediamine [0039], wherein the diacid monomer is preferably chosen from adipic acid and sebacic acid [0044]. Examples of rationales that may support a conclusion of obviousness include: "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)).
Regarding claim 6, Pineau teaches that the at least one copolyamide bear amide units and polyether units [0018], the said amide unit having the following structure: (A)x/(B))y/(C) [0019], resulting from the condensation of unit (A), unit (B), and unit (C) in which [0020] x=0 or 1, y=0 or 1, and x+y=1 [0021], A and B corresponding to an aliphatic repeating unit chosen from at least one amino acid and a unit obtained from at least one lactam, or a unit X.Y obtained from the polycondensation [0022] of at least one diamine, the said diamine being chosen from a linear aliphatic diamine, and [0023] of at least one dicarboxylic acid, the said diacid being chosen from [0024] an aliphatic diacid [0025], the said diamine and the said diacid comprising from 4 to 36 carbon atoms [0026], (C) represents a long-chain aliphatic repeating unit, obtained from a unit X.Y, of C10 or more, and [0027] (A) and (B) being different from each other when they are both present, and (A and B) being different from (C) when they are present alone or together [0028], the said polyether units especially being derived from a polyalkylene ether polyamine, especially a polyalkylene ether diamine [0029], wherein the amino acid is chosen from 11-aminoundecanoic acid and 12-aminododecanoic acid [0036], wherein when the aliphatic repeating unit is obtained from a unit derived from a lactam, it may be chosen from caprolactam, undecanolactam, and lauryllactam [0037], wherein when the diamine is aliphatic and linear, the diamine monomer is preferably chosen from hexanediamine [0039], wherein the diacid monomer is preferably chosen from adipic acid and sebacic acid [0044], wherein the formula (A)x/(B))y/(C) may thus correspond to the following formula: (A)/(C) when y=0 [0058], wherein the polyether unit may correspond to polyether blocks bearing reactive ends, such as [0088], polyoxyalkylene blocks bearing diamine chain ends obtained by cyanoethylation and hydrogenation of alpha-omega dehydroxylated aliphatic polyoxyalkylene blocks known as polyalkylene ether diols (polyetherdiols) [0090], wherein the copolyamide bearing amide units and polyether units may thus correspond to the products of condensation [0092] of polyamide blocks bearing dicarboxylic chain ends with polyoxyalkylene blocks bearing diamine chain ends (or polyalkylene ether polyamide) defined above [0094], wherein the polyamide blocks bearing dicarboxylic chain ends are derived, from example, from the condensation of polyamide precursors in the presence of a chain-limiting dicarboxylic acid [0096], wherein the process for preparing the copolyamide may also be considered such that all the monomers are added at the start, i.e. in a single step, to perform the polycondensation [0111], of the diamine(s) [0112], of the dicarboxylic acid(s), and [0113] where appropriate, of the other polyamide comonomer(s) [0114], in the presence of a chain limiter chosen from dicarboxylic acids [0115], in the presence of polyether units [0116], in the presence of a catalyst for the reaction between the amide units and the amide units [0117], wherein the copolyamide may thus have the following structure: [0123] (A)/(C)/polyether when y=0 [0123], wherein the polyether is chosen from PPG [0124], wherein the number-average molecular mass of the polyether blocks is advantageously from 200 to 4000 g/mol, preferably from 250 to 2500 g/mol, especially from 300 to 1000 g/mol [0162], which optionally reads on wherein the copolymer is selected from 10.12/6/PPG400.12, 11/6/PPG400.6, 12/6/PPG400.6, 10.10/6/PPG400.10, 11/6/6.6/PPG400.6, 11/12/6/6.6/PPG400.6, and 11/10.10/PPG400.10.
Pineau does not teach a specific embodiment wherein the copolymer is selected from 10.12/6/PPG400.12, 11/6/PPG400.6, 12/6/PPG400.6, 10.10/6/PPG400.10, 11/6/6.6/PPG400.6, 11/12/6/6.6/PPG400.6, and 11/10.10/PPG400.10. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select Pineau’s unit (A) to be a unit obtained from one lactam that is caprolactam. One of ordinary skill in the art would have been motivated to do so because it would have been obvious to try with a reasonable expectation of success because Pineau teaches that A and B correspond to an aliphatic repeating unit chosen from a unit obtained from a unit obtained from at least one lactam [0022], wherein when the aliphatic repeating unit is obtained from a unit derived from a lactam, it may be chosen from caprolactam [0037]. Examples of rationales that may support a conclusion of obviousness include: "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)).
Pineau does not teach a specific embodiment wherein the copolymer is selected from 10.12/6/PPG400.12, 11/6/PPG400.6, 12/6/PPG400.6, 10.10/6/PPG400.10, 11/6/6.6/PPG400.6, 11/12/6/6.6/PPG400.6, and 11/10.10/PPG400.10. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select the number-average molecular mass of Pineau’s polyether blocks to be 400 g/mol. One of ordinary skill in the art would have been motivated to do so because it would have been obvious to try with a reasonable expectation of success because Pineau teaches that the number-average molecular mass of the polyether blocks is advantageously from 200 to 4000 g/mol, preferably from 250, 2500 g/mol, especially from 300 to 1000 g/mol, in particular 1000 [0162]. Examples of rationales that may support a conclusion of obviousness include: "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)).
Pineau does not teach a specific embodiment wherein the copolymer is selected from 10.12/6/PPG400.12, 11/6/PPG400.6, 12/6/PPG400.6, 10.10/6/PPG400.10, 11/6/6.6/PPG400.6, 11/12/6/6.6/PPG400.6, and 11/10.10/PPG400.10. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select Pineau’s unit X.Y to be obtained from the polycondensation of one diamine that is decanediamine and one dicarboxylic acid chosen from sebacic acid and dodecanedioic acid in Pineau’s long-chain aliphatic repeating unit in Pineau’s unit (C), to select Pineau’s unit (C) to have dicarboxylic chain ends, and to select Pineau’s unit (C) to be bonded to Pineau’s polyether unit at the dicarboxylic chains ends of Pineau’s dicarboxylic chain ends. One of ordinary skill in the art would have been motivated to do so because it would have been obvious to try with a reasonable expectation of success because Pineau teaches that (C) represents a long-chain aliphatic repeating unit, obtained from a unit X.Y, of C10 or more [0027], (A and B) being different from (C) when they are present alone or together [0028], a unit X.Y obtained from the polycondensation [0022] of at least one diamine, the said diamine being chosen from a linear or branched aliphatic diamine, a cycloaliphatic diamine, or a mixture thereof, and [0023] of at least one dicarboxylic acid, the said diacid being chosen from [0024] an aliphatic diacid, and a cycloaliphatic diacid [0025], wherein when the diamine is aliphatic and linear, the diamine monomer is preferably chosen from hexanediamine [0039], wherein the diacid monomer is preferably chosen from adipic acid and sebacic acid [0044], wherein the polyether unit may correspond to polyether blocks bearing reactive ends, such as [0088], polyoxyalkylene blocks bearing diamine chain ends obtained by cyanoethylation and hydrogenation of alpha-omega dehydroxylated aliphatic polyoxyalkylene blocks known as polyalkylene ether diols (polyetherdiols) [0090], wherein the copolyamide bearing amide units and polyether units may thus correspond to the products of condensation [0092] of polyamide blocks bearing dicarboxylic chain ends with polyoxyalkylene blocks bearing diamine chain ends (or polyalkylene ether polyamide) defined above [0094], wherein the polyamide blocks bearing dicarboxylic chain ends are derived, from example, from the condensation of polyamide precursors in the presence of a chain-limiting dicarboxylic acid [0096], wherein the process for preparing the copolyamide may also be considered such that all the monomers are added at the start, i.e. in a single step, to perform the polycondensation [0111], of the diamine(s) [0112], of the dicarboxylic acid(s), and [0113] where appropriate, of the other polyamide comonomer(s) [0114], in the presence of a chain limiter chosen from dicarboxylic acids [0115], in the presence of polyether units [0116], in the presence of a catalyst for the reaction between the amide units and the amide units [0117]. Examples of rationales that may support a conclusion of obviousness include: "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)).
The proposed modification would read on wherein the copolymer is selected from 10.12/6/PPG400.12, and 10.10/6/PPG400.10 as claimed.
Regarding claim 7, Pineau teaches a composition comprising, on a weight basis, the total being equal to 100% [0017], from 98% to 100% of the at least one copolyamide [0018], and from 0 to 2% of at least one additive chose from stabilizers and dyes, or a mixture thereof [0030], wherein the composition is for manufacturing a heat-sensitive adhesive [0001, 0031], wherein the heat-sensitive adhesive consists of the composition [0177], which reads on am adhesive composition comprising predominantly at least one copolymer as defined in claim 1, and between 0% and 2% by weight of at least one additive selected from a stabilizer, a dye, and a mixture thereof, relative to the total weight of the composition as claimed.
Regarding claim 8, Pineau teaches that the composition comprises, on a weight basis, the total being equal to 100% [0017], from 98% to 100% of the at least one copolyamide [0018], which means that Pineau’s composition optionally further comprises a second copolyamide, which optionally reads on wherein the composition comprises greater than 0% by weight of at least one polymer selected from a polyamide, relative to the total weight of the composition.
Pineau does not teach a specific embodiment wherein the composition comprises between 0.25% and 15% by weight of at least one polymer selected from a polyamide, relative to the total weight of the composition. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use a second of Pineau’s copolyamide to substitute for a fraction of Pineau’s from 98% to 100% of Pineau’s at least one copolyamide, and to select the amount of the second of Pineau’s copolyamide in Pineau’s composition to be between 0.25% and 15%, on a weight basis. The proposed modification would read on wherein the composition comprises between 0.25% and 15% by weight of at least one polymer selected from a polyamide, relative to the total weight of the composition as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been obvious to try with a reasonable expectation of success because Pineau teaches that the composition comprises, on a weight basis, the total being equal to 100% [0017], from 98% to 100% of the at least one copolyamide [0018], which suggests a second of Pineau’s copolyamide in an amount in Pineau’s composition that is greater than 0%, on a weight basis. Examples of rationales that may support a conclusion of obviousness include: "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)).
Regarding claim 9, Pineau teaches that the composition is for the manufacture of a heat-sensitive adhesive, in particular a veil, a film, granules, a filament, a grate, a powder, or a suspension [0031], that the heat-sensitive adhesive consists of the composition [0177], that the heat-sensitive adhesive is chosen in particular from a veil, a film, granules, a filament, a grate, a powder, and a suspension [0179], which reads on wherein the composition comes in the form of a web, a film, granules, a filament, a grid, a powder, or a suspension as claimed.
Correspondence
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/DAVID T KARST/Primary Examiner, Art Unit 1767
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