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 .
Claims 1-8 are pending in this application.
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.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Knopf et al., U.S. 12,516,252 (English language equivalent of WO 2022/023565). Knopf teaches the process of preparing 3,3’-methylene[5-methyloxazolidine] in a preferred embodiment where 2-hydroxypropylamine and formaldehyde in a ratio of 2:3. The instant invention is a process of pre*paring and a composition comprising the reaction product, i.e. 3,3’-methylene[5-methyloxazolidine] via the reaction of 1-amino-2-propanol and a liquid form of formaldehyde in a ratio of 2:2.8. Knopf differs in the formaldehyde where the instant invention uses a liquid form of formaldehyde. Knopf defines the formaldehyde as a formalin solution. Knopf also states that α,α′,α″-trimethyl1,3,5-triazine-1,3,5-(2H,4H,6H)triethanol forms if the ratio of 1-amino-2-propanol and formaldehyde is closer to 1:1. Knopf also teaches the lower water content in the composition increases the storage stability. One of ordinary skill in the art at the time the invention was made would have been motivated to select for the ratio of formaldehyde and 1-amino-2-propanol in the ratio as claimed herein to obtain the 3,3’-methylene[5-methyloxazolidine] as set forth in the reference and in so doing obtain the instant compositions in view of the equivalency teachings outlined above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENDA L COLEMAN whose telephone number is (571)272-0665. The examiner can normally be reached Mon-Fri 10-6 (flex).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey H. Murray can be reached on 571-272-9023. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENDA L COLEMAN/Primary Examiner, Art Unit 1624
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