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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-15 and 19-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3, 5-15, and 21-26 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 in view of U.S. Patent Pub. No. 2022/0340796 to Komatsuzaki.
As to claims 1-3, 5-7, 12, 14, and 21-25, 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).
Ward does not expressly disclose the use of biomass reactant derived ethylene glycol to prepare the crystalline polyester polyol.
However, within the same field of endeavor Komatsuzaki discloses moisture curable hot melt polyurethane adhesives comprising the reaction product of polyisocyanates and a polyester polyol mixture that includes a polyester polyol derived from biomass-derived polybasic acids and glycols preferably sebacic acid and ethylene glycol (0014-0016) wherein the content of bio-based polyester polyol ranges from 20 to 80 mass% from the viewpoint of obtaining excellent film strength and adhesiveness to certain fabrics (0021).
At the time of filing it would have been obvious to a person of ordinary skill in the art to substitute the solid polyester polyol taught in Ward with the biomass derived polyester polyol in Komatsuzaki to prepare an adhesive that is environmentally friendly (0009) while still providing excellent adhesiveness and film strength (0009).
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, 15, and 26, 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).
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 in view of U.S. Patent Pub. No. 2022/0340796 to Komatsuzaki that has been explained above and is applied here as such 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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/MICHAEL L LEONARD/Primary Examiner, Art Unit 1763
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