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 without traverse of Group I, claims 1-15 and 19-21 in the reply filed on 03/13/2026 is acknowledged.
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.
Claim 19 is 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 19 recites the limitation “the carboxylic anhydride and/or ester of the polyacid" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites the limitation “the polyol" in line 6. 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.
Claims 1-3, 5-15, 19, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Pub. No. 2021/0163801 to Ward et al. (Cited on IDS).
As to claims 1-3, 5-7, 12, 14, 19, and 21, Ward discloses a bio-based reactive polyurethane hotmelt adhesive comprising 14% by weight of 4,4-diphenylmethane diisocyanate and a polyol mixture comprising 20.67% of bio-based polyether, 21% of acrylate resin dianal, 6% by weight of crystalline polyester polyol (Dynacoll 7380), 20% by weight of bio-based crystalline polyester (Terra 481), and 17.7% of bio-based amorphous polyester (Priplast 3238) (Example 7, Table 1). The adhesive composition contains 58.37% by weight of bio-based reactants or materials. Ward further discloses embodiments wherein 100% of the polyether polyol is bio-based, 75% of the crystalline polyester polyol is biobased and at least 50% of said amorphous polyester polyol is bio-based (0104).
Terra 481 has an hydroxyl value of 30 mgKOH/g, a molecular weight of 3500 g/mol, a glass transition of -45 °C, and a melting point of 55.0°C (See data sheet attached). Ward discloses crystalline polyester polyols made from decanedioic acid and 1,2-propanediol or decanedioic acid and 1,4-butanediol, or butanedioc acid and 1,4-butanediol (0043).
Ward discloses amorphous polyester polyols made from C10-C30 fatty acids, C2-C4 diol, (preferably 1,3-propanediol) and C8-C16 dicarboxylic acid (0055). Priplast 3238 is an amorphous polyester polyol that has a molecular weight of 2,000 g/mol and glass transition temperatures of amorphous polyesters typically range from 50-80°C (Google search).
As to claim 8, Ward discloses wherein the adhesive further contains a bio-based polyether polyol and a thermoplastic acrylic resin (Example 7).
As to claim 9, Ward discloses embodiments wherein 100% of the polyether polyol is bio-based, 75% of the crystalline polyester polyol is biobased and at least 50% of said amorphous polyester polyol is bio-based (0104).
As to claim 10, Ward discloses wherein the hotmelt adhesive comprises 20% by weight of bio-based crystalline polyester (Terra 481).
As to claim 11, Ward discloses wherein the hotmelt adhesive comprises 17.7% of bio-based amorphous polyester (Priplast 3238) (Example 7).
As to claims 13 and 15, Ward discloses suitable catalysts used in amounts that range from 0.1 to 1.0% by weight (0069), such as dimorpholine o-diethylether (Example 7).
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.
Claims 4 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. No. 2021/0163801 to Ward et al. (Cited on IDS) in view of U.S. Patent Pub. No. 2013/0231445 to Vendamme et al.
As to claims 4 and 20, Ward discloses a bio-based reactive polyurethane hotmelt adhesive comprising 14% by weight of 4,4-diphenylmethane diisocyanate and a polyol mixture comprising 20.67% of bio-based polyether, 21% of acrylate resin dianal, 6% by weight of crystalline polyester polyol (Dynacoll 7380), 20% by weight of bio-based crystalline polyester (Terra 481), and 17.7% of bio-based amorphous polyester (Priplast 3238) (Example 7, Table 1). The adhesive composition contains 58.37% by weight of bio-based reactants or materials. Ward further discloses embodiments wherein 100% of the polyether polyol is bio-based, 75% of the crystalline polyester polyol is biobased and at least 50% of said amorphous polyester polyol is bio-based (0104).
Ward discloses amorphous polyester polyols made from C10-C30 fatty acids, C2-C4 diol, (preferably 1,3-propanediol) and C8-C16 dicarboxylic acid (0055). Priplast 3238 is an amorphous polyester polyol that has a molecular weight of 2,000 g/mol and glass transition temperatures of amorphous polyesters typically range from 50-80°C (Google search).
Ward does not expressly disclose an amorphous polyester polyol derived from anhydrohexitol, in particular isosorbide.
However, within the same field of endeavor, Vendamme discloses polyurethane adhesive (0041-0044, 0115) derived from diisocyanates and a polyester polyol made from a dimer of a fatty acid, azelaic acid, and isosorbide (Examples).
At the time of filing it would have been obvious to a person of ordinary skill in the art to incorporate isosorbide into the polyester polyol preparation of Ward as taught in Vendamme to allow for the modification of the glass transition temperature of the adhesive and tuning the visco-elastic properties, which allows for better adhesion on a variety of substrates and better cohesion of the adhesive (0136).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL L LEONARD whose telephone number is (571)270-7450. The examiner can normally be reached M - F 7:00-4:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached at 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL L LEONARD/ Primary Examiner, Art Unit 1763
Prosecution Insights