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 .
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.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 102[a)(1) as being anticipated by Imaoka et al (US 2019/0136042).
Imaoko teaches a vulcanization (0018) bonding composition (0009) comprising 100
parts by mass of an epihalohydrin rubber; 2 to 7 parts by mass of a hydroxyl group-free tri- to penta-functional acrylate (0047-00048); 0.5 to 3 parts by mass of an epoxy resin; 0.2 to 3 parts by mass of metal salt hydrate (0055) such as nickel dibutyldithiocarbamate (see Table 1); and 0.1 to 10 parts by mass of a vulcanizing agent (0087).
With regards to claim 2, Imaoka teaches the epihalohydrin rubber may be an epihalohydrin-ethylene oxide copolymers, epihalohydrin-propylene oxide copolymers, epihalohydrin-allyl glycidyl ether copolymers, epihalohydrin-ethylene oxide-allyl glycidyl ether terpolymers, epihalohydrin-propylene oxide-allyl glycidyl ether terpolymers, and epihalohydrin-
ethylene oxide-propylene oxide-allyl glycidyl ether quaternary copolymers (0025).
With regards to claim 3, Imaoka teaches the hydroxyl group-free tri- to penta-functional acrylate may be trimethylolpropane triacrylate, pentaerythritol tetraacrylate, and ditrimethylolpropane tetraacrylate (0047-0048).
With regards to claim 4, Imaoka teaches the epoxy resin may be a bisphenol A epoxy resin (0057).
With regards to claim 5, Imaoka teaches the vulcanizing agent may be a thiourea vulcanizing agents, quinoxaline vulcanizing agents, mercaptotriazine vulcanizing agents, and bisphenol vulcanizing agents (0064).
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) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Imaoka et al (US 2019/0136042).
Imaoko teaches a vulcanization (0018) bonding composition (0009) comprising 100
parts by mass of an epihalohydrin rubber; 2 to 7 parts by mass of a hydroxyl group-free tri- to penta-functional acrylate (0047-00048); 0.5 to 3 parts by mass of an epoxy resin; 0.2 to 3 parts by mass of metal salt hydrate (0055) such as nickel dibutyldithiocarbamate (see Table 1); and 0.1 to 10 parts by mass of a vulcanizing agent (0087).
Imaoka is relied upon as above. Specifically, Imaoka teaches the amount of the metal salt hydrate (d) to be added in the composition is y 1 to 20 parts by weight, relative to 100 parts by weight of the epichlorohydrin polymer (0055) but does not explicitly teach the amount should be 0.2-3pbw. However, Imaoka teaches the metal hydrate amount is selected to ensure adhesion while not deteriorating the mechanical properties of the composition. Thus, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to optimize the amount of metal hydrate added to the composition. The motivation for doing so would have been to ensure adhesion while not deteriorating the mechanical properties of the composition.
With regards to claim 2, Imaoka teaches the epihalohydrin rubber may be an epihalohydrin-ethylene oxide copolymers, epihalohydrin-propylene oxide copolymers, epihalohydrin-allyl glycidyl ether copolymers, epihalohydrin-ethylene oxide-allyl glycidyl ether terpolymers, epihalohydrin-propylene oxide-allyl glycidyl ether terpolymers, and epihalohydrin-
ethylene oxide-propylene oxide-allyl glycidyl ether quaternary copolymers (0025).
With regards to claim 3, Imaoka teaches the hydroxyl group-free tri- to penta-functional acrylate may be trimethylolpropane triacrylate, pentaerythritol tetraacrylate, and ditrimethylolpropane tetraacrylate (0047-0048).
With regards to claim 4, Imaoka teaches the epoxy resin may be a bisphenol A epoxy resin (0057).
With regards to claim 5, Imaoka teaches the vulcanizing agent may be a thiourea vulcanizing agents, quinoxaline vulcanizing agents, mercaptotriazine vulcanizing agents, and bisphenol vulcanizing agents (0064).
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Imaoka as applied to claims 1-5 above, and further in view of Funayama et al (US20060216518)..
With regards to claims 6 and 7, Imaoka teaches the composition may be used to form a vulcanized rubber layer stacked next to a rubber (0003; 00118 ) or fluororesin layer (098-0105). Imaoka further teaches the laminates are used for automotive hoses and that the rubber should possess thermal aging resistance, weather resistance and oil resistance (0118). Imaoaka does not teach the rubber layer should comprise a fluororubber composition comprising at least a peroxide vulcanizing agent. However, Funayama teaches that fluororubbers comprising a peroxide vulcanizing agent have thermal aging resistance, resistance to weather, sour gasoline and alcohol-containing gasoline, and low fuel permeation, and, thus, have been used in fuel oil hoses (0004). Thus, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to utilize a fluororubber containing a peroxide vulcanizing agent as the rubber layer disclosed in Imaoka. THE motivation for doing so would have been Funayama teaches that fluororubbers comprising a peroxide vulcanizing agent have thermal aging resistance, resistance to weather, sour gasoline and alcohol-containing gasoline, and low fuel permeation and, thus, have been used in fuel oil hoses.
With regards to claim 8, Imaoka teaches the laminate may be used to make a hose (0118).
Conclusion
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KEVIN R. KRUER
Examiner
Art Unit 1787
/KEVIN R KRUER/Primary Examiner, Art Unit 1787