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 .
Election/Restriction
The Requirement for Election of invention and species is withdrawn in light of the unity of invention as to the blowing agent that is carbon dioxide reacted xylylenediamine or bis(aminomethyl)cyclohexane.
Claim Interpretations
A product defined by its process is anticipated when the claimed product does not have any distinguishable physical features different from the prior art. See MPEP § 2113. Here, the specification explains that
Conventionally, to obtain a foam, a blowing agent is necessary, and to obtain higher foamability, large amount of the blowing agent need to be used and discarded. In contrast, a polyamine used as a starting material of a polyurethane urea resin can absorb carbon dioxide, so that it is useful as a material that absorbs carbon dioxide to be discarded
(para. 0009). In other words, a polyamine blowing agent will capture carbon dioxide. Claim 1 is a blowing agent in which carbon dioxide is reacted with xylylenediamine or bis(aminomethyl)cyclohexane. This means any prior art that uses a polyamine blowing agent to obtain a polyurethane urea resin will meet the claims directed to a product produced by using the blowing agent of claim 1.
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 –
(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..
Claims 12 and 19 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by TW201801939A.
As to claims 12 and 19, TW201801939A teaches polyurethane urea resin foams comprising xylylenediamine (“Non-limiting examples of suitable chemical blowing agents include azomethine, azobisisobutyronitrile, sulfenylhydrazine, 4,4-hydroxybenzylsulfonamide urea, p-toluenesulfonyl hemipaba Hydrazine, barium azodicarboxylate, N, N'-dimethyl-N, N'-dinitroso p-xylylenediamine and trihydrazinotriazine”), which capture carbon dioxide as admitted in the specification.
Claims 12 and 19 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by JP 2010006963 A.
As to claims 12 and 19, JP 2010006963 Ateaches polyurethane urea resin foams comprising xylylenediamine (Abstract), which capture carbon dioxide as admitted in the specification.
Double Patenting- Obvious Type
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Instant claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over conflicting claims 1-31 of U.S. Patent Application No. 18/852578.
The instant claims are obvious over the conflicting claims because the conflicting claims anticipate the instant claims. Specifically, the conflicting claims teach the same blowing agent composition as here:
1. A blowing agent for obtaining a polyurea resin foam comprising a polyurea having a repeating unit represented by the following general formula (I), comprising:
a reaction product (a2) of a cyclic amine compound (a1) and carbon dioxide:
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wherein R1 is a divalent hydrocarbon group having a cyclic structure optionally having a substituent, and R2 is a divalent hydrocarbon group optionally having a substituent.
2. The blowing agent according to claim 1, wherein a percentage increase of a mass of the cyclic amine compound (a1) calculated by the following equation when the cyclic amine compound (a1) is left to stand in an air environment of 23° C. and 50% RH for a week is 10% by mass or more and 50% by mass or less:
3. The blowing agent according to claim 1, wherein the cyclic amine compound (a1) has an amino group bonded to a primary carbon atom.
4. The blowing agent according to claim 1, wherein the cyclic structure of the cyclic amine compound (a1) comprises at least one selected from the group consisting of a five-membered ring and a six-membered ring.
5. The blowing agent according to claim 1, wherein the cyclic amine compound (a1) has 2 or more and 6 or less amino groups.
6. The blowing agent according to claim 1, wherein the cyclic amine compound (a1) comprises at least one selected from the group consisting of xylylenediamine and derivatives thereof, bis(aminomethyl)cyclohexane and derivatives thereof, limonenediamine and derivatives thereof, and isophoronediamine and derivatives thereof.
7. The blowing agent according to claim 1, wherein the water content in the reaction product (a2) is 50% by mass or less.
8. The blowing agent according to claim 1, wherein a molar ratio of a portion derived from the cyclic amine compound (a1) to a portion derived from carbon dioxide [cyclic amine compound (a1)/carbon dioxide] is 70/30 to 30/70.
9. The blowing agent according to claim 1, wherein a content of the repeating unit represented by the general formula (I) in the polyurea is 50% by mass or more.
10. The blowing agent according to claim 1, being produced by a method of contacting the cyclic amine compound (a1) with a gas having a carbon dioxide concentration of 0.01% by volume or more and 10% by volume or less to react the cyclic amine compound (a1) with carbon dioxide.
11. A foamable resin composition for obtaining a polyurea resin foam, comprising:
the blowing agent (A) according to claim 1, and
a polyisocyanate compound (B).
12. The foamable resin composition according to claim 11, wherein the polyisocyanate compound (B) comprises a compound having 2 or more isocyanate groups.
13. The foamable resin composition according to claim 11, wherein a content of a blowing agent other than the blowing agent (A) is 5% by mass or less.
14. The foamable resin composition according to claim 11, wherein the content of the blowing agent (A) in the foamable resin composition is such that the ratio of the number of amino groups in the blowing agent (A) to the number of isocyanate groups in the polyisocyanate compound (B)(number of amino groups/number of isocyanate groups) is 0.5 or more and 1.5 or less.
15. The foamable resin composition according to claim 11, wherein the polyisocyanate compound (B) is at least one selected from the group consisting of isophorone diisocyanate (IPDI), 1,6-hexamethylene diisocyanate (HDI), and 4,4′-diphenylmethane diisocyanate (MDI).
16. A polyurea resin foam obtained by foam molding the foamable resin composition according to claim 11.
17. A method for producing a polyurea resin foam, comprising foam molding the foamable resin composition according to claim 11.
Thus, the conflicting claims anticipate the instant claims because the conflicting claims teach the same blowing agent composition.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELODY TSUI whose telephone number is (571)272-1846. The examiner can normally be reached Monday - Friday, 9am - 5pm.
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/YUNG-SHENG M TSUI/ Primary Examiner, Art Unit 1684
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