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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2021/0171812 to Zhu (hereinafter “Zhu”).
Zhu discloses a moisture-curable polyurethane adhesive composition comprising a polyurethane prepolymer obtained by reacting a polyol with a polyisocyanate wherein the polyol comprises an amorphous polyester polyol, a semi-crystalline polyester polyol, and a polyether polyol (paragraph 21). The semi-crystalline polyester polyol has a crystallinity of 50-90% (paragraph 31), corresponding to the claimed crystalline polyol. Zhu further teaches that the polyurethane adhesive composition further contains less than 5% by mass of a crystalline polyol (paragraph 38). Zhu asserts that the polyether polyol contributes hydrophilicity and improves the moisture permeability (paragraph 36). The polyether polyol is a polyoxyethylene glycol in an amount of 20-70 wt% of the moisture-curable polyurethane adhesive composition within the claimed range (paragraph 37). The polyether polyol reads on the claimed hydrophilicity imparting agent. The polyether polyol is devoid of an amino group. Hence, the moisture-curable polyurethane adhesive composition meets the claimed conditions (1)-(3).
As to claim 3, Zhu discloses that the amorphous polyester polyol is produced by polycondensation of an aromatic polycarboxylic acid, an aliphatic polyol, and an aliphatic polycarboxylic acid as major components (paragraph 24).
Claims 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2022027803 (hereinafter “JP’803”) in view of Zhu.
As to claims 1 and 3, JP’803 discloses a moisture-curable polyurethane adhesive composition comprising (i) a polyurethane prepolymer obtained by reacting a polyol with a polyisocyanate; and (ii) a hydrophilicity imparting agent wherein the hydrophilicity imparting agent is present in an amount of 5-20% by mass of the adhesive composition (paragraph 6). This is within the claimed range. The hydrophilicity imparting agent contains a polyoxyethylene group (paragraph 19). The hydrophilicity imparting agent does not have an amino group that can react with an isocyanate group (paragraph 19).
The polyol includes a polyester polyol, a polycarbonate polyol, polyether polyol, a polyester ether polyol and any combinations thereof (paragraphs 12-16).
The adhesive composition has a water contact angle of 50o or less within the claimed range (paragraph 6).
The adhesive composition satisfies the claimed conditions (1)-(4).
JP’803 does not explicitly disclose the polyol comprising a crystalline polyol and an amorphous polyol wherein the amorphous polyol contains structural units derived from an aliphatic dicarboxylic acid and an aromatic dicarboxylic acid.
Zhu, however, discloses a moisture-curable polyurethane adhesive composition comprising a polyurethane prepolymer obtained by reacting a polyol with a polyisocyanate wherein the polyol comprises an amorphous polyester polyol, a semi-crystalline polyester polyol, and a polyether polyol (paragraph 21). The semi-crystalline polyester polyol has a crystallinity of 50-90% (paragraph 31), corresponding to the claimed crystalline polyol. Zhu further teaches that the polyurethane adhesive composition further contains less than 5% by mass of a crystalline polyol (paragraph 38).
Zhu also discloses that the amorphous polyester polyol is produced by polycondensation of an aromatic polycarboxylic acid, an aliphatic polyol, and an aliphatic polycarboxylic acid as major components (paragraph 24).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a combination of semi-crystalline polyol and an amorphous polyol disclosed in Zhu for the polyol disclosed in JP’803 motivated by the desire to provide a polyurethane adhesive composition having improved initial tack and excellent moisture permeability.
Claims 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2022027803 (hereinafter “JP’803”) in view of CN 107090268 to Zhang (hereinafter “Zhang”).
As to claims 1 and 3, JP’803 discloses a moisture-curable polyurethane adhesive composition comprising (i) a polyurethane prepolymer obtained by reacting a polyol with a polyisocyanate; and (ii) a hydrophilicity imparting agent wherein the hydrophilicity imparting agent is present in an amount of 5-20% by mass of the adhesive composition (paragraph 6). This is within the claimed range. The hydrophilicity imparting agent contains a polyoxyethylene group (paragraph 19). The hydrophilicity imparting agent does not have an amino group that can react with an isocyanate group (paragraph 19).
The polyol includes a polyester polyol, a polycarbonate polyol, a polyether polyol, a polyester ether polyol, or any combinations thereof (paragraphs 12-16).
The adhesive composition has a water contact angle of 50o or less within the claimed range (paragraph 6).
The adhesive composition satisfies the claimed conditions (1)-(4).
JP’803 does not explicitly disclose the polyol comprising a crystalline polyol and an amorphous polyol wherein the amorphous polyol contains structural units derived from an aliphatic dicarboxylic acid and an aromatic dicarboxylic acid.
Zhang, however, discloses a moisture-curable polyurethane adhesive composition comprising a polyurethane prepolymer obtained by reacting a polyol with a polyisocyanate wherein the polyol comprises an amorphous polyester polyol, a crystalline polyester polyol and polyether polyol (summary of the invention).
Zhang also discloses that the amorphous polyester polyol comprises two or more polymers formed from polycondensation of glycol, butanediol in adipic acid and terephthalic acid. That is, the amorphous polyol contains structural units derived from an aliphatic dicarboxylic acid and an aromatic dicarboxylic acid.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a combination of a crystalline polyol and an amorphous polyol disclosed in Zhang for the polyol disclosed in JP’803 motivated by the desire to provide a polyurethane adhesive composition having improved initial tack, great moisture-permeability, and excellent heat resistance and flowability properties.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hai Vo whose telephone number is (571)272-1485. The examiner can normally be reached M-F: 9:00 am - 6:00 pm with every other Friday off.
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/Hai Vo/
Primary Examiner
Art Unit 1788
Prosecution Insights