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 .
Rejections
Claim Rejections - 35 USC § 112
1. 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.
2. Claims 25 and 35 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.
It is not clear what type of polymer molecular weight is required by the instant claim 25, e.g. number, weight, z, viscosity, or some other type of average molecular weight. Note Mn of the applicant’s claim 27. The scope of the instant claim 25 is therefore not clear.
It is not clear what definite process step is required by “utilizing” of the instant claim 35 because it is not particularly pointed out and distinctly claimed. See MPEP 2173.05(q) "Use" Claims [R-10.2019]. Paragraph II therein does not require to the instant claim 35 because the instant claim 35 does not contain the context of the MPEP example to give the skilled artisan any idea as to what is required by “utilizing” of the instant claim 35.
Claim Rejections - 35 USC § 102
3. 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.
4. Claims 17-18, 20-22, 25-26, 28-30, 33, and 35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Pat. No. 3903332 Kelly et al. with US Pat. No. 3326830 Szawlowski et al., being cited as evidence of the structure and molecular weight of Kelly’s Epon 812.
Szawlowski, column 25, lines 51-62 shows Epon 812 to have two epoxy groups and a molecular weight of 300, which falls within the scope of the instant claims 25-26.
Kelly, column 7, lines 33-55 discloses a dipping composition containing vinyl pyridine latex, phenol blocked MDI, epoxy and Aerosol OT, which is shown to be dioctyl sodium sulfosuccinate at column 5, lines 15-20. The hydrophobes and ionic groups make the Aerosol OT a surfactant which is anionic which falls within the scope of the instant claims including the instant claims 17 and 30. This composition anticipates the instant claims 17-18, 20-22. The solids of Kelly, column 7, line 56 falls within the scope of the instant claim 18.
The surfactant of Kelly is an anionic surfactant and is therefore necessarily and inherently expected to give the properties of the instant claim 28. See MPEP 2112.
The dipping bath of Kelly does not require tragacanth gum which falls within the scope of the instant claim 29.
The product of Kelly, column 7, lines 33-60 falls within the scope of the instant claim 33 even though the method of making varies slightly. It is not seen that the additional heating step of the instant claim 31 gives a different product than that of Kelly. See MPEP 2113. Using these products in the final article gives the method of the instant claim 35.
Claim Rejections - 35 USC § 103
5. 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.
6. Claims 17-35 are rejected under 35 U.S.C. 103 as being unpatentable over US Pat. No. 3903332 Kelly et al.
The entirety of paragraph 4 above is repeated here and applies to the instant claims 17, 20-22, 25-26, 28-30, 33, and 35 so as to make them obvious given that anticipation is the ultimate in obviousness.
“Latex” of Kelly is taken as meaning aqueous dispersions of the disclosed polymers. Their solids contents are not specified. Kelly also does not require the amounts of the instant claim 19. Kelly does not limit the amounts of their ingredients and thereby encompasses the ingredient amounts of the instant claim 19.
It would have been obvious to one of ordinary skill in the art prior to the instantly claimed invention to make the dipping baths of Kelly with the amounts of the instant claim 19 because they are similar to the amounts of Kelly on the solids basis and would have been expected to give similar results as the dipping baths of Kelly.
Kelly does not disclose the isocyanates of the instant claims 23-24.
It would have been obvious to one of ordinary skill in the art prior to the instantly claimed invention to make the dipping baths of Kelly with the isocyanates of the instant claims 23-24 because they are encompassed by Kelly, column 2, lines 51-64, the instant specification, paragraph [0028] shows the claimed blocked isocyanates to be commercially available products, and these commercially available products would have been expected to give their know properties and extra crosslinking, due to increased NCO group contents, to the products of Kelly.
It is not seen that these commercially available blocked isocyanates are not inherently of the particle sizes of the instant claim 27 since they are the blocked isocyanates of the instant claims. See MPEP 2112.
Kelly does not describe the particulars of the instant claims 31, 32, and 34.
It would have been obvious to one of ordinary skill in the art prior to the instantly claimed invention to perform the inventions of the instant claims 31, 32, and 34 from the disclosure of Kelly because Kelly, column 5, lines 15-30 describes the two heating step temperatures of the instant claim 31 and encompasses using and cord which encompasses the known cords of the instant claims 32 and 34, and such a method would have been expected to give final products with similar properties as those of Kelly and the fiber particulars would have been expected to give only predictable results to the final product including increased reinforcement with increased fiber numbers.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK D NILAND whose telephone number is (571)272-1121. The examiner can normally be reached on Monday to Friday from 10 to 5.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert S Jones, can be reached at telephone number 571-270-7733. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center to authorized users only. Should you have questions about access to the USPTO patent electronic filing system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Examiner interviews are available via a variety of formats. See MPEP § 713.01. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/InterviewPractice.
/PATRICK D NILAND/Primary Examiner, Art Unit 1762
