DETAILED ACTION
Claim Objections
Claims 1, 3, and 5 are objected to because of the following informalities: please replace the apostrophes with commas for the numbers related to the molecular weight. Appropriate correction is required.
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 1-7, 10, and 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Hobel et al. (US 20020040093).
Hobel discloses aqueous cross-linkable binder composition. Concerning claims 1 and 5, Hobel discloses the composition comprises an aldehyde-functional polyurethane having a number average molecular weight of at least 1000 g/mol and an average aldehyde functionality greater than or equal to 2 and a low-molecular weight aldehyde-reactive crosslinker having at least one malonate group (abstract; para. 0013-0016). With respect to claims 2 and 3, the molecular weight of the aldehyde-functional polyurethane has a molecular weight of 1000 to 100000 and since the compound is the same as that claimed, the viscosity would be within the claimed range and also be liquid at room temperature. Regarding claim 4 and 6, the aldehyde-functional polyurethane is formed from at least polyisocyanate, a polyol that can have a polyoxyalkylene and/or a polyester backbone, and a hydroxyaldehyde, resulting in the aldehyde-functional polyurethane have a backbone that contains the claimed units (para. 0018-0044).
With respect to claim 7, because the composition is cured at room temperature, the crosslinker would be liquid at room temperature (para. 0065; Examples). In regard to claim 10, Hobel discloses the use fillers in the composition (para. 0064), where it would be obvious to one of ordinary skill in the art to have any amount, including the claimed amount for the desired application. Regarding claim 12, since the composition is aqueous and includes embodiments without solvents and would therefore meet the limitations. Concerning claim 13, since the composition is the same, the resulting specimen with the dimensions as claimed would have the claimed properties. Regarding claims 14 and 15, the composition is used as a coating at a thickness of at least 60 microns, which would include and encompass the claimed thickness range (para. 0062-0065).
Claims 1-2, 7-8, and 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kuo et al. (US 20200181465).
Kuo discloses a curable adhesive composition. Concerning claim 1, Kuo discloses the composition comprises at least one compound that can have at least two malonate groups and at least one compound comprising at least two aldehyde functional groups, wherein at least compound comprising at least two malonate groups has a molecular weight (Mn) of 500 to 100000 (abstract; para. 0083-0126). Given that the composition meets the molecular weight limitation and comprises the same materials, the viscosity of the composition would be within the claimed ranges as recited in claim 2. Regarding claim 7, since the composition is cured at room temperature, both components would be liquid at room temperature prior to the catalyst being added (para. 0250-0251).
Concerning claim 8, since there are at least two functional malonate groups, the average functionality would be within the claimed range (para. 0083). With respect to claims 10 and 11, the composition can further include plasticizers and fillers (claim 20). It would be obvious to one of ordinary skill in the art to have any amount for the filler and plasticizer, including the claimed amount for the desired application and viscosity. Regarding claim 12, the composition can be solventless and as such, not contain any of the claimed solvents and meet the limitations as claimed (para. 0053). Concerning claim 13-15, since the materials of the composition are the same as that claimed, the tensile strength and/or elongation at break would be within the claimed ranges, wherein the resulting composition is disposed on a substrate at any thickness, which would include and encompass the claimed range (para. 0241 and 0252).
Allowable Subject Matter
Claim 9 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The prior art is silent to the specific components to produce the malonate as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Dougherty et al. (US 20200181324) and Kuo et al. (US 20200109321).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRASHANT J KHATRI whose telephone number is (571)270-3470. The examiner can normally be reached M-F 10AM-6:30PM.
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PRASHANT J. KHATRI
Primary Examiner
Art Unit 1783
/PRASHANT J KHATRI/Primary Examiner, Art Unit 1783
