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 Interpretation
The limitation “(C) aqueous compound having a (thermally dissociable blocked) isocyanate group” in claim 1 is interpreted as indicating that the group is water-soluble or water-dispersible, aligned with the originally filed disclosure (see para 0163 of published application).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 13, 16, and 17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 13 recites the limitation “wherein the (D) aqueous component having the plurality of phenolic hydroxyl groups in the molecule is lignin, tannin, tannic acid, flavonoid, or derivatives thereof.” However, claim 2, upon which claim 13 depends, recites the limitation “further comprising one or more components selected from the group consisting of the following (D) to (E): (D) an aqueous component having a plurality of phenolic hydroxyl groups in a molecule, and (E) a polyvalent metal salt.” It is unclear if claim 13 intends to the limit the adhesive component to comprising the (D) aqueous component or merely limits the alternative embodiment when the (D) aqueous component is present. For the purpose of prior art application, Examiner will interpret claim 13 as limiting the alternative and being optional if (E) a polyvalent metal salt is present.
Claim 16 recites the limitation “wherein the (E) polyvalent metal salt is water-soluble and is capable of becoming a 4-coordinated or 6-coordinated polyvalent metal ion.” However, claim 2, upon which claim 16 depends, recites the limitation “further comprising one or more components selected from the group consisting of the following (D) to (E): (D) an aqueous component having a plurality of phenolic hydroxyl groups in a molecule, and (E) a polyvalent metal salt.” It is unclear if claim 16 intends to the limit the adhesive component to comprising the (E) polyvalent metal salt or merely limits the alternative embodiment when the (E) polyvalent metal salt is present. For the purpose of prior art application, Examiner will interpret claim 16 as limiting the alternative and being optional if (D) an aqueous component having a plurality of phenolic hydroxyl groups in a molecule is present.
Claim 17 recites the limitation “wherein the (E) polyvalent metal salt is a metal salt containing copper.” However, claim 2, upon which claim 17 depends, recites the limitation “further comprising one or more components selected from the group consisting of the following (D) to (E): (D) an aqueous component having a plurality of phenolic hydroxyl groups in a molecule, and (E) a polyvalent metal salt.” It is unclear if claim 17 intends to the limit the adhesive component to comprising the (E) polyvalent metal salt or merely limits the alternative embodiment when the (E) polyvalent metal salt is present. For the purpose of prior art application, Examiner will interpret claim 16 as limiting the alternative and being optional if (D) an aqueous component having a plurality of phenolic hydroxyl groups in a molecule is present.
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.
Claims 1, 3-4, 7-8, 11, 19, 20, 22, 24-25, and 27-29 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2015214709 to Nakamura in view of EP 0335458 to Makati.
NOTE: The English Machine translation of JP 2015214709 to Nakamura is being used for prior art mapping.
Regarding claims 1, 3-4, 7-8, 11, 19, 20, 22, 24-25, and 27-29, Nakamura teaches an adhesive composition comprising an aliphatic epoxide compound B, a (blocked) isocyanate group-containing aromatic compound C ((C) an aqueous compound having a blocked isocyanate group), a water-soluble polymer D, and a thermoplastic high molecular weight polymer E (Nakamura, abstract). Nakamura teaches a rubber article comprising adhesive-coated fiber, including an aramid fiber cord (organic fiber), using the adhesive, including a pneumatic tire, having the adhesive composition covering the cord by 1.3% by mass with respect to the mass of the cord (Id., p. 1, 12), reading on the adhesive being for adhesion to a rubber (claim 19) and an organic fiber (claim 20), and an organic fiber material comprising an organic fiber and an adhesive layer coating s surface of the organic fiber (claim 22) with a dry mass of the adhesive layer being 1.3 mass % (claim 25). Nakamura teaches the (blocked) isocyanate group-containing aromatic compound being a water dispersible compound containing a component obtained by blocking diphenylmethane diisocyanate with a heat dissociable blocking agent containing active hydrogen (Id., p. 4-6), reading on the blocked isocyanate being an aqueous compound having a thermally dissociable blocked isocyanate group, specifically a water-dispersible (thermally dissociable blocked) isocyanate compound comprising an adduct of a polyisocyanate having an aromatic ring and blocking agent having one or more active hydrogen group (claim 7) and being a blocked methylene diphenyl diisocyanate (claim 8). Nakamura also teaches the use of an aqueous urethane compound F comprising an organic polyisocyanate compound (alpha) containing a molecular structure in which aromatics are bonded with an alkylene chain, and a plurality of active hydrogens, reacted with the compound (beta) having a thermal dissociable blocking agent (gamma) with respect to the isocyanate group having the structure:
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, wherein In the formula, A represents a residue from which active hydrogen of an organic polyisocyanate compound (a) containing a molecular structure in which aromatics are bonded with an alkylene chain is eliminated, and Y represents a thermally dissociable blocked form with respect to an isocyanate group, represents the residue from which active hydrogen of the agent (y) is eliminated, Z represents the residue from which active hydrogen of the compound (δ) is eliminated, including a hydrophilic polyether chain, and X represents the active hydrogen of the compound (β) having a plurality of active hydrogens, specifically 2 to 4, and molecular weight of 5,000 or less, n is a detached residue, n is an integer of 2 to 4, and p + m is an integer of 2 to 4 (m ≥ 0.25) as compound (C) ( Id., p. 5-7; para 0035 of original document), reading on the aqueous compound being C-2 aqueous urethane compound having a thermally dissociable blocked isocyanate group with the claimed structure in claim 11. Nakamura teaches the water-soluble polymer D being added to the adhesive composition as a modifier, reinforced the adhesive composition by interacting with the adhesive composition matrix, and improves the ductility and fracture toughness of the adhesive composition (Id., p. 6). Nakamura teaches the water-soluble polymer containing a carboxyl group to achieve a crosslinking reaction with a crosslinkable functional group such as an aliphatic epoxide compound or an aqueous urethane compound (Id., p. 6). Nakamura teaches the water-soluble polymer D having hydrophilic functional groups such as carboxyl group, amino group, and imino group (Id., p. 6), reading on the single molecule containing carboxyl groups and amino groups. Examiner would like to note that an amide contains a carboxyl group attached to a nitrogen. Nakamura teaches the thermoplastic polymer E acting as a modifier for the purpose of increasing the flexibility of the adhesive composition matrix, which can be hard and brittle (Id., p. 6). Nakamura teaches the thermoplastic polymer E being a vinylpyridine-styrene-butadiene copolymer latex (clam 3) (Id., p. 12, 7), reading on (A) a rubber latex containing an unsaturated diene.
Nakamura does not explicitly teach the composition comprising a compound containing an amide group and an amino group in a single molecule.
However, Makati teaches an adhesive use in laminates comprising a polymeric latex-based system to which a polymeric adhesion promoter like polyamidoamine and an epoxy emulsion are added that retains bond strength when exposed to humidity (Makati, abstract). Makati teaches the polymeric adhesion promoter contain an polyamido resin including the following structure:
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that is the reaction product of dibasic acid and polyamide (Id., p. 3-4), reading on a compound containing an amide group and an amino group in a single molecule and an amide condensate containing a polyamine and a polyvalent fatty acid (claim 4). Makati teaches the polymeric adhesion promoter typically being incorporated by post-adding to the latex (Id., p. 6 lines 10-17).
It would have been obvious to one of ordinary skill in the art before the effective filing date to form the adhesive of Nakamura, wherein the adhesive comprising the polyamidoamine adhesion promoter of Makati, motivated by the desire of using conventionally known adhesive component predictably suitable for use in epoxy and latex containing adhesive and to improve adhesion with a reasonable expectation of success as Nakamura already establishes the suitability of polymeric component having amino and carboxylic functional groups.
Regarding claims 24-25, the prior art combination teaches an adhesive coated fiber embodiment, wherein an adhesive liquid of the adhesive composition is mixed with adhesive liquid comprising a latex and applied to a cord fineness of 1670 dtex/2 and a number of twists being 38 times per 10 cm for the upper twist and the lower twist with the upper twist and a lower twist coefficient of 0.45 and an upper twist coefficient of 0.65 and the mass of the adhesive composition covering the cord being 1.3% by mass with respect to the mass of the cord (Nakamura, p. 12, 8), reading on the organic fiber being an organic fiber cord formed by twisting a plurality of filaments together and the organic fiber cord being formed by applying a lower twist and an upper twist with 10 to 50 twists/10 cm each and a fineness being 100 dtex to 5,000 dtex.
Regarding claims 27-29, the prior art combination teaches the use of the coated cord in tire (Nakamura, p. 8, 12-13).
Claims 2, 10, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2015214709 to Nakamura in view of EP 0335458 to Makati, as applied to claims 1, 3-4, 7-8, 11, 19, 20, 22, 24-25, and 27-29 above, further in view of USPN 6,774,172 to Nakamura (‘172 herewithin).
NOTE: The English Machine translation of JP 2015214709 to Nakamura is being used for prior art mapping.
Regarding claims 2, 10, and 16, the prior art combination teaches the aqueous urethane compound F comprising an organic polyisocyanate compound (alpha) containing a molecular structure in which aromatics are bonded with an alkylene chain, and a plurality of active hydrogens, reacted with the compound (beta) having a thermal dissociable blocking agent (gamma) with respect to the isocyanate group having the structure:
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, wherein in the formula, A represents a residue from which active hydrogen of an organic polyisocyanate compound (a) containing a molecular structure in which aromatics are bonded with an alkylene chain is eliminated, and Y represents a thermally dissociable blocked form with respect to an isocyanate group, represents the residue from which active hydrogen of the agent (y) is eliminated, Z represents the residue from which active hydrogen of the compound (δ) is eliminated, and X represents the active hydrogen of the compound (β) having a plurality of active hydrogens, n is a detached residue, n is an integer of 2 to 4, and p + m is an integer of 2 to 4 (m ≥ 0.25) as compound (C) ( Id., p. 5-6; para 0035 of original document), reading on the aqueous compound being C-2 aqueous urethane compound having a thermally dissociable blocked isocyanate group with the claimed structure in claim 11 and being a reaction product obtains after mixing (α) an organic polyisocyanate compound with 3 or more and 5 or fewer functional groups, (β) compound having active hydrogen, (y) a thermally dissociable blocking agent, and δ a compound with at least one active hydrogen group and at least one hydrophilic group that is anionic, cationic, or nonionic. The prior art combination teaches compound (β) having 2 to 4 active hydrogens and an average molecular weight of 5,000 or less (claim 10) (Id., p. 5) and the compound (δ) being a compound having at least one active hydrogen and an anionic and / or nonionic hydrophilic group (Id., p. 6).
The prior art combination is silent with regards to the molecular weight of the (α) organic polyisocyanate and the mixing ratio of each component relative to the total amount of (α), (β), (γ), and (δ).
However, ‘172 teaches an adhesive comprising a thermoplastic high molecular weight polymer containing a crosslinkable functional group included as a modifier for enhancing flexibility, a water-soluble high polymer preferably having a carboxyl group as a modifier to strength the adhesive composition through the interaction with the adhesive composition matrix to thereby enhance the ductility and fracture toughness, and a compound C having a structure with methylene linked aromatics having polar functional groups or an aqueous urethane compound for promoting adhesion of the adhesive composition to the resin material which is adherend, an epoxide, and a rubber latex for use in rubber articles reinforced, such as a pneumatic tire (‘172, abstract, col. 11 line 8 – col. 32 line 34). ‘172 teaches the aqueous urethane compound containing a thermally dissociable blocking agent (Id., col. 8 lines 38-46). ‘172 teaches an aqueous urethane compound that is a reaction product of 40-85% by weight of an organic polyisocyanate compound (α), 5-35% by weight of a compound (β), 5-35% by weight of a blocking agent (γ) and 5-35% by weight of a compound (δ), wherein organic polyisocyanate compound (α) has a molecular weight of not more than 6,000, a compound (β) has preferably 2 to 4 active hydrogens and an average molecular weight of not more than 5,000, a blocking agent (γ) is thermally dissociable, and the compound (δ) is a compound having at least one active hydrogen and an anionic and/or nonionic hydrophilic group (Id., col. 28 lines 6-col. 31 line 6). ‘172 teaches the amount of the thermally dissociatable blocked isocyanate group in the molecular weight of the reaction product is 0.5-11% by weight (calculated as NCO=42) (Id.), reading on a continuing ratio of the (thermally dissociable blocked) isocyanate group in the reaction produce being 0.5-11% mass when the molecular weight of an isocyanate group is taken as 42 (claim 10). ‘172 teaches the aqueous urethane compound is include as an adhesion improver for promoting the adhesion of the adhesive composition to the resin material (Id., col. 27, lines 59-65). ‘172 teaches a resin material, such as cord, coated with the adhesive composition and a rubber article reinforced therewith, such as a pneumatic tire (Id., abstract, claim 1, 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date to form the adhesive of Nakamura, wherein the aqueous urethane compound is the aqueous urethane compound of ‘172, motivated by the desire of using conventionally aqueous urethane compounds having thermally dissociable blocking agent predictably suitable for use in adhesive compositions in combination rubber latex, epoxide, thermoplastic polymeric modifiers used to coat cord in tire applications and having the components disclosed by Nakamura as being reacted to form the aqueous urethane.
While the reference does not specifically teach the claimed range of (α) organic polyisocyanate compound having 3 or more and 5 or fewer functional groups and having a number average molecular weight of 2,00 or less, the disclosed range of the prior art combination overlaps with the instant claimed range. It should be noted that in the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art, a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). The existence of overlapping or encompassing ranges shifts the burden to Applicant to show that his invention would not have been obvious. In re Peterson, 315 F.3d 1325, 1330 (Fed. Cir. 2003). Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date to adjust, vary, and optimize the functional groups and molecular weight, such as within the claimed range, motivated by the desire to successfully practice the invention of the prior art based on the totality of the teachings of the prior art.
Regarding claims 2, 13, and 16, ‘172 teaches the composition comprising a metal salt and metal oxide as inexpensive filler that can give ductility and toughness to the adhesive composition, including a polyvalent metal salt such as iron (‘172., col. 31 lines 25-47), reading on the polyvalent metal salt being water-soluble and capable of becoming a 4-coordinated polyvalent metal ion (claim 16). It would have been obvious to one of ordinary skill in the art before the effective filing date to form the adhesive composition of the prior art combination, wherein the adhesive further comprises the metal salt and metal oxide of ‘172, motivated by the desire of using conventionally known additives predictably suitable for use in adhesive composition comprising thermally blocked isocyanate compound, epoxide, and latex used in adhesive coating of cord for reinforcement in rubber articles including tires and to five ductility and toughness to the adhesive composition. Regarding claim 13, the limitations only further limit the alternative limitation of the (D) aqueous component having the plurality of phenolic hydroxyl groups in the molecule. Therefore, since the reference discloses the limitation of (E) polyvalent metal salt, the limitations of claim 13 are optional and render obvious by the prior art combination.
Claims 2, 13, and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2015214709 to Nakamura in view of EP 0335458 to Makati, as applied to claims 1, 3-4, 7-8, 11, 19, 20, 22, 24-25, and 27-29 above, further in view of WO 2021/1117520 to Takahashi.
NOTE: The English Machine translation of JP 2015214709 to Nakamura and WO 2021/1117520 to Takahashi are being used for prior art mapping.
Regarding claims 2, 13, and 16-18, the prior art combination teaches when the adhesive coated fiber of the present invention is used as a suitable rubber reinforcing fiber, the rubber containing adhesive composition preferably contains resorcin, formaldehyde and rubber latex (Nakamura, p. 8), which indicate the resorcin is not critical to the invention. Additionally, Takahashi teaches an adhesive composition used for coating organic fiber cord in rubber-organic fiber cord composites (Takahashi, abstract, p. 9). Takahashi teaches the adhesive composition no does not contain resorcin so as to have a small load on the environment (Id., p. 2, 9, 11). Takahashi teaches by containing specific polyphenol ( (D) aqueous component having a plurality of phenolic hydroxyl groups in a molecule), including Morin (flavonoid, claim 13), and aldehydes having an aromatic ring in the adhesive composition, high adhesive strength can be realized even when formalin and resorcin are not used (Id., p. 2-3). Takahashi teaches the adhesive composition further comprising rubber latex, water-soluble thermally blocked isocyanate, and epoxy (Id., p. 6-8).
It would have been obvious to one of ordinary skill in the art before the effective filing date to form the adhesive composition of the prior art combination, wherein the adhesive does not contain resorcin as taught by Takahashi, motivated by the desire to provide a small load to the environment and being within the totality of the scope of Nakamura. Additionally, it would have been obvious to one of ordinary skill in the art before the effective filing date to form the adhesive of the prior art combination, wherein the specific polyphenol and aldehydes having an aromatic ring of Takahashi is used in place of the resorcin and formaldehyde, motivated by the desire of using conventionally known adhesive components predictably suitable for use in adhesive composition used for coating fiber in rubber-organic cord composite containing latex, thermally blocked isocyanate compound, and epoxy and by the desire to achieve high adhesive strength and low environmental load. Regarding claims 16-17, the limitations only further limit the alternative limitation of the (E) polyvalent metal salt. Therefore, since the reference discloses the limitation of (D) aqueous component having the plurality of phenolic hydroxyl groups in the molecule, the limitations of claims 16-17 are optional and render obvious by the prior art combination.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Pub. No. 2001/0011122 to Shah teaches an amidoamine epoxy curing agent and teaches the curing agent being used in combination with epoxy resins to make adhesives and coatings. US Pub. No. 2012/0041113 to Ikeda teaches an adhesive composition for organic fiber cords having a good adhesive property and is good for the environment comprising (blocked) isocyanate compound, an amine-based curing agent, epoxy compound, rubber latex, and a rubber reinforcing material. US Pub. No. 2022/0372347 to Lee teaches an adhesive composition comprising a latex (A), a polyurethane (B), an amine-based adhesion promoter (C), and a water-containing solvent (G) that is eco-friendly, has a low rick of fire, and has excellent adhesive strength. CN 110284326 / US Pub. No. 2022/0235210 to Wang teaches an impregnation solution comprising a blocked isocyanate, a special amino resin including polyamide polyamine epichlorohydrin, rubber latex including butadiene-vinylpyridine copolymer latex and butadiene, auxiliaries, and balance of water. US Pub. No. 2004/0102557 to Nanni teaches the use of an inorganic salt of a metal, including copper, for crosslinking elastomeric polymer containing carboxylic groups and at least a liquid organic compound containing epoxide groups located internally on the molecule result in crosslinked products combining excellent mechanical and elastic performance qualities.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER ANN GILLETT whose telephone number is (571)270-0556. The examiner can normally be reached 7 AM- 4:30 PM EST M-H.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached at 571-270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER A GILLETT/Examiner, Art Unit 1789
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