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 .
Response to Amendment
The previous rejection of Claim 10 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite is/are withdrawn in light of the Applicant’s amendments.
The previous rejection of Claim(s) 1-3, 5-9, and 11, under 35 U.S.C. 103 as being unpatentable over JP 2020-147696 A to Aida et al. (hereinafter Aida) is/are withdrawn in light of the Applicant’s amendments.
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.
Claim(s) 1-3, 5, 7-9, 11-14, and 17-19, is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2022/145227 A1 to Kuzutani et al. (hereinafter Kuzutani).
Regarding claims 1-3, 5, 7-9, 11-14, 17-19, Kuzutani teaches an aqueous resin composition comprising a copolymer, a polyepoxy compound, a curing agent, and a curing accelerator (See abstract). Specifically, in example α-5, the copolymer contains methyl methacrylate, ethylhexyl acrylate, methacrylic acid, styrene and glycidyl methacrylate (See α-5, in Table 1, para 129-131), and has a glass transition temperature of 5 deg C, (See Table 3, para 139). Kuzutani further teaches the copolymer (X) has a Tg of 5 deg or higher or 30 deg or lower (para 68-69), and the glycidyl methacrylate in an amount of 1 mass% or more or 7 mass% or less, (para 48-50), which overlaps and meets the claimed invention range. (See MPEP 2144.05, “where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists”). Kuzutani further teaches the amount range of glycidyl methacrylate is preferred for improving strength, high-temperature stability, and elongation. (para 50). Kuzutani teaches the aqueous composition is applied to a substrate and cured to form a coating film. (para 125-128). Kuzutani further teaches the polyepoxy compound (Y) is used in an amount of 1-35 mass% relative to the total amount of copolymer (X) and polyepoxy compound (Y) (para 74), and the curing agent is used in an amount of preferably 0.20 to 1.0 functional group equivalents to 1 equivalent of epoxy groups in the emulsion. (para 104-105), to give the coating better strength, dispersion stability, rust prevention properties, adhesion, and elongation. (para 74-75, 104-105). Specifically, in the examples, Kuzutani also teaches the polyepoxy compound is a bisphenol A epoxy resin with an epoxy equivalent of 190 g/mol (para 70 and 135), the curing agent is an aliphatic polyamine Adeka Hardener EH-8051 with an amin eq. wt. of 187 g/mol, (para 99-100 and 157).
It would have been obvious to one ordinarily skilled in the art before the effective date of the claimed invention to use 1-3% of the glycidyl (meth)acrylate in (meth)acrylic copolymer (X) in the Examples of Kuzutani and the amount epoxy resin and curing agent, because Kuzutani further teaches the amount range of 1-7 mass% of glycidyl methacrylate is preferred for improving strength, high-temperature stability, and elongation,(para 50) and the amount of the polyepoxy compound (Y) and the curing agent gives the coating better strength, dispersion stability, rust prevention properties, adhesion, and elongation. (para 74-75, 104-105).
Using the above teaching, of bisphenol A epoxy resin with an epoxy equivalent of 190 g/mol (para 70 and 135), and the curing agent of aliphatic polyamine Adeka Hardener EH-8051 with an amin eq. wt. of 187 g/mol, if there is 1-35 mass% of polyepoxy, this correlates to 75-99 mass% of copolymer (X), and if 1.0 amine/epoxy group the above polyamine is used, this correlates to 0.98 g to 34.4 g of curing agent. This correlates to 1.9 mass% to 41 mass% of total content of epoxy and curing agent per total parts, which overlaps the claimed amount, i.e. 0.99-15.25 mass% of epoxy+curing agent per total parts.
Claim(s) 1-3, 5-18, is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2017/0335026 A1 to Motoike (hereinafter Motoike) and JP 08-245858 A to Hikita et al. (hereinafter Hikita).
Regarding claims 1-3, 5-18, Motoike teaches a solid polymer fuel cell with a sealing material, the sealing material formed from a resin composition sandwiched between peelable base materials (para 90-91) and solid fuel cell contains sealing materials (16) which face each other and adhere to each other (See Fig. 1, para 90-95 and 164-169). Motoike further teaches the resin composition specifically contains 95 parts of a copolymer resin and 5 parts of a curing agent (Example 8), wherein the copolymer has a Tg of 7 deg C and contains 20% methyl methacrylate, 10% styrene, 3% glycidyl methacrylate, and 67% ethyl acrylate (Table 1, para 160), wherein the curing agent is a polyamine such as diaminodiphenylmethane, or isophoronediamine (para 79), i.e. aliphatic or aromatic polyamines.
Motoike does not explicitly teach the epoxy resin.
However, Hikita teaches an epoxy resin composition comprising a block copolymer, an epoxy resin, a curing agent, and a inorganic filler (see abstract), wherein the copolymer is (meth)acrylate and glycidyl (meth)acrylate monomers (para 9-10) used in the field of adhesives and sealing materials for electronic components (para 1-3), which is in the same field of use of the Applicant’s invention of curable compositions of copolymers and epoxy resins. Hikita teaches the epoxy resin is specifically a bisphenol A epoxy resin with an epoxy equivalence of 190 g/eq (para 45), and that an amount of 5-70% epoxy resin will give the composition desirable mechanical properties and moldability (para 10).
It would have been obvious to one ordinarily skilled in the art before the effective date of the claimed invention to further include the epoxy resin of Hikita in the composition of Motoike because Hikita teaches the same field of use of the Applicant’s invention of curable compositions of copolymers and epoxy resins and that the epoxy resin will give the composition desirable mechanical properties and moldability (para 10).
Thus, if 5 wt% of epoxy resin from the range of Hikita is used in Motoike, this correlates to about 5 parts epoxy, 95 parts of copolymer resin, and 5 parts of curing agent, or 9.5 mass% of epoxy+curing agent to the total parts, which overlaps the claimed amount, i.e. 0.99-15.25 mass% of epoxy+curing agent per total parts.
Response to Arguments
Applicant's arguments filed 03/04/2026 have been fully considered but they are not persuasive in part.
On page 8-9, the Applicant argues that Kuzutani example α-5 does not teach the Tg of 5-35 deg C and the glycidyl methacrylate content of less than 3.0 mass%. This is not persuasive because Kuzutani further teaches the copolymer (X) has a Tg of 5 deg or higher or 30 deg or lower (para 68-69), and the glycidyl methacrylate in an amount of 1 mass% or more or 7 mass% or less, (para 48-50), which overlaps and meets the claimed invention range. (See MPEP 2144.05, “where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists”).
On page 9-13, the Applicant argues that Kuzutani does not teach or suggest the claimed amount of epoxy+curing agent per 100 parts of acrylic resin. This is not persuasive because, as cited above, Kuzutani teaches the polyepoxy compound (Y) is used in an amount of 1-35 mass% relative to the total amount of copolymer (X) and polyepoxy compound (Y) (para 74), and the curing agent is used in an amount of preferably 0.20 to 1.0 functional group equivalents to 1 equivalent of epoxy groups in the emulsion. (para 104-105). Specifically, in the examples, Kuzutani also teaches the polyepoxy compound is a bisphenol A epoxy resin with an epoxy equivalent of 190 g/mol (para 70 and 135), the curing agent is a polyamine Adeka Hardener EH-8051 with an amin eq. wt. of 187 g/mol, (para 99-100 and 157).
Using the above teaching, of bisphenol A epoxy resin with an epoxy equivalent of 190 g/mol (para 70 and 135), and the curing agent of aliphatic polyamine Adeka Hardener EH-8051 with an amin eq. wt. of 187 g/mol, if there is 1-35 mass% of polyepoxy, this correlates to 75-99 mass% of copolymer (X), and if 1.0 amine/epoxy group of the above polyamine is used, this correlates to 0.98 g to 34.4 g of curing agent. This correlates to 1.9 mass% to 41 mass% of total content of epoxy and curing agent per total parts, which overlaps and meets the claimed amount, i.e. 0.99-15.25 mass% of epoxy+curing agent per total parts.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
On page 13, the applicant argues that Hikita does not teach the claimed curing agent. and thus, does not teach the claimed range of the epoxy+curing agent of 1-18 per 100 parts of acrylic resin. This is not persuasive because Motoike teaches the claimed curing agent of 5 parts per 95 parts of acrylic resin and Hikita teaches adding an amount of 5-70% epoxy resin will give the composition desirable mechanical properties and moldability (para 10).
Thus, if 5 wt% of epoxy resin from the range of Hikita is used in Motoike, this correlates to about 5 parts epoxy, 95 parts of copolymer resin, and 5 parts of curing agent, or 9.5 mass% of epoxy+curing agent to the total parts, which overlaps the claimed amount, i.e. 0.99-15.25 mass% of epoxy+curing agent per total parts.
The examiner notes that it appears that by adding the limitations of both claims 15 and 19 to claim 1, it would overcome the prior art of record.
Conclusion
THIS ACTION IS MADE FINAL. 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 HA S NGUYEN whose telephone number is (571)270-7395. The examiner can normally be reached Mon-Fri, Flex schedule 7:30am-4:00pm.
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/HA S NGUYEN/Primary Examiner, Art Unit 1766