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 .
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 1-24 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.
With regard to claims 1-13, the recitation of “use of the hot-melt adhesive” renders the scope of the claim indefinite because the claims do not include method of using steps.
Additionally, with regard to claim 1, it is not clear what is meant by “according to the method described herein” in lines 11-12, and “according to the methods described herein” in lines 19-20. These limitations render the scope of the claim indefinite because it is not clear what method is being referenced.
Also in claim 1, it is not clear what is meant by “in their versions modified with carboxylic acid or alcoholic groups”, in claims 28-29. It is not clear which versions are being referenced.
In claim 2, it is not clear what is meant by “the polymer or mixture of mutually constitute from 5% to 99.5% by weight of the total weight of the adhesive formulation itself”. Specifically, it is not clear what polymer, since claim 1 did not recite any polymers other than the modified polymer wax.
In claims 3-4, it is not clear what is meant by “as measured according to the method described herein”.
Claim 10 recites that the amount of plasticizer is zero to 40 % by weight, however, claim 7, from which claim 10 depends, positively recites that the plasticizer is present. Therefore it is not clear how the plasticizer can be present in zero wt%.
Claim 11 recites that the amount of wax or mixture of waxes constitutes from zero to 15% by weight. However, claim 1, from which claim 11, positively recites that the wax is present. Therefore, it is not clear how the wax can be present in an amount of zero% by weight.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 –
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.
Claim(s) 1-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kanderski et al, U.S. Patent Application Publication No. 2004/0115456 with evidence from EPOLENE C18.
Kanderski discloses a hot melt adhesive composition. The hot melt adhesive composition includes a polypropylene copolymer which comprises propylene and an alpha olefin. See paragraph 0024. The polyolefins have a melting point of 145 C or lower, an MFR of 1-500 g/10 and a density of 0.880-0.905 g/cc. See paragraph 0024. The hot melt adhesive composition further comprises a tackifying resin and a wax. The composition can be used as an adhesive for nonwoven articles, including bonding the nonwoven fabric to elastic strands, films or to bond two nonwoven fabrics together. See paragraph 0032. Suitable products on which the hot melt adhesive can be diapers, hospital pads, feminine sanitary napkins, surgical drapes and other disposable nonwoven products. See paragraph 0003. The wax is present in amounts of 0-40% by weight. See paragraph 0039. Suitable waxes can have a ring and ball softening point of 100-170C. See paragraph 0072. The wax can be modified by maleic anhydride. See paragraph 0151. The wax can have a number average molecular weight of 400-6000. See claim 14. The composition can include a plasticizer in amounts of 0-40% by weight. Suitable plasticizers include mineral oil, vegetable oil, animal oil, as well as olefin oligomers and low molecular weight polymers, etc. The plasticizer can have a molecular weight of 350-10,000 See paragraph 0066. Since they are oils they would be liquid at room temperature. The composition can have a viscosity as claimed. See Tabes 2-4.
Kanderski teaches applying the hot melt to nonwoven fabrics. It is noted that nonwoven fabrics would necessarily be made from either natural or synthetic fibers and be hydrophilic or hydrophobic. Further, note that the hot melt was applied to SMS fabrics which are necessarily synthetic, (polymeric) fibers. See examples and paragraph 0135.
With regard to claim 14, note that a polypropylene alpha olefin copolymer would 2-12 Carbons.
With regard to claim 15, Kanderski teaches bonding two fabrics together with the hot melt adhesive or bonding a film to a fabric or bonding elastic strands to a fabric, which all would meet the limitation of two substrates.
With regard to the claimed Zero Shear Viscosity, Enthalpy of Fusion, Temperature of the Inflection Point of the Tan Delta diagram, Dry Peel Strength, Wet Peel Strength, First Crossover Temperature, Yield Stress and Toughness, Kanderski does not disclose the claimed values measured by the methods disclosed, however, since Kanderski teaches the same polymers, same wax, same tackifier, same plasticizer in same amounts for the purpose of forming a hot melt adhesive, it is reasonable to expect that the adhesive would either necessarily possess the claimed properties, or else it would have been obvious to have optimized the adhesive properties of the hot melt adhesive through selecting amounts of each component within the ranges as taught by Kanderski in order to provide and adhesive having the desired properties.
Further, with regard to claims 20-24, as set forth above, Kanderski teaches the claimed products such as diapers, hospital pads, feminine sanitary napkins, surgical drapes and other disposable nonwoven products. See paragraph 0003. A hospital pad is equated with an absorbent mattress. Further, the structures disclosed in Kanderski are all capable of performing the intended use of forming packaging, absorbent structures, mattresses, diapers and bonded articles.
Claim(s) 4-6, 10, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kanderski et al, U.S. Patent Application Publication No. 2004/0115456 with evidence from EPOLENE C18 in view of Corani et al, EP 3,858,933 with evidence from PRIMOL352.
Kanderski discloses a hot melt adhesive composition. The hot melt adhesive composition includes a polypropylene copolymer which comprises propylene and an alpha olefin. See paragraph 0024. The polyolefins have a melting point of 145 C or lower, an MFR of 1-500 g/10 and a density of 0.880-0.905 g/cc. See paragraph 0024. The hot melt adhesive composition further comprises a tackifying resin and a wax. The composition can be used as an adhesive for nonwoven articles, including bonding the nonwoven fabric to elastic strands, films or to bond two nonwoven fabrics together. See paragraph 0032. Suitable products on which the hot melt adhesive can be diapers, hospital pads, feminine sanitary napkins, surgical drapes and other disposable nonwoven products. See paragraph 0003. The wax is present in amounts of 0-40% by weight. See paragraph 0039. Suitable waxes can have a ring and ball softening point of 100-170C. See paragraph 0072. The wax can be modified by maleic anhydride. See paragraph 0151. The wax can have a number average molecular weight of 400-6000. See claim 14. The composition can include a plasticizer in amounts of 0-40% by weight. Suitable plasticizers include mineral oil, vegetable oil, animal oil, as well as olefin oligomers and low molecular weight polymers, etc. The plasticizer can have a molecular weight of 350-10,000 See paragraph 0066. Since they are oils they would be liquid at room temperature. The composition can have a viscosity as claimed. See Tabes 2-4.
Kanderski teaches applying the hot melt to nonwoven fabrics. It is noted that nonwoven fabrics would necessarily be made from either natural or synthetic fibers and be hydrophilic or hydrophobic. Further, note that the hot melt was applied to SMS fabrics which are necessarily synthetic, (polymeric) fibers. See examples and paragraph 0135.
With regard to claim 14, note that a polypropylene alpha olefin copolymer would 2-12 Carbons.
With regard to claim 15, Kanderski teaches bonding two fabrics together with the hot melt adhesive or bonding a film to a fabric or bonding elastic strands to a fabric, which all would meet the limitation of two substrates.
With regard to the claimed Zero Shear Viscosity, Enthalpy of Fusion, Temperature of the Inflection Point of the Tan Delta diagram, Dry Peel Strength, Wet Peel Strength, First Crossover Temperature, Yield Stress and Toughness, Kanderski does not disclose the claimed values measured by the methods disclosed, however, since Kanderski teaches the same polymers, same wax, same tackifier, same plasticizer in same amounts for the purpose of forming a hot melt adhesive, it is reasonable to expect that the adhesive would either necessarily possess the claimed properties, or else it would have been obvious to have optimized the adhesive properties of the hot melt adhesive through selecting amounts of each component within the ranges as taught by Kanderski in order to provide and adhesive having the desired properties.
Further, with regard to claims 20-24, as set forth above, Kanderski teaches the claimed products such as diapers, hospital pads, feminine sanitary napkins, surgical drapes and other disposable nonwoven products. See paragraph 0003. A hospital pad is equated with an absorbent mattress. Further, the structures disclosed in Kanderski are all capable of performing the intended use of forming packaging, absorbent structures, mattresses, diapers and bonded articles.
Kanderski differs from the claimed invention because it does not disclose softening temperature of the tackifier or tackifiers, the molecular weight of the plasticizer, or the softening temperature of the hot melt composition.
However, Corani discloses a hot melt adhesive comprising a polyolefin, (see paragraphs 0043-0064), viscosity modifiers, such as esters, paraffinic oil, vegetable oil, natural and synthetic fabs and their blends, (see paragraph 0092) and waxes such as polypropylene wax modified with maleic anhydride having a softening point not lower than 120 degrees C, (see paragraph 0109). The waxes have a number average molecular weight not greater than 3000. See paragraph 0116. The adhesive is suitable for use for being provided on a fibrous substrate. See paragraph 0121. The adhesive can further include a tackifier having a ring and ball softening point of 5-160 degrees C, including those claimed. See paragraph 0146-0147. The adhesive composition can have a Brookfield viscosity of not greater than 30,000 mPa.s. The plasticizers are liquid at room temperature and can be paraffin mineral oil, naphthenic mineral oils, oligomers of polyolefins, etc. See paragraph 0092. A suitable plasticizer is Primol 352 which has a number average molecular weight of 480. See product data sheet.
Therefore, it would have been obvious to one of ordinary skill in the art to have employed the particular plasticizers and tackifiers as taught by Corani as well as forming the adhesive to have a softening temperature as taught by Corian, in view of their art recognized suitability for this intended purpose.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lipi Shan et al, U.S. Patent Application Publication No. 2016/0304756. Lipi Shan discloses a hot melt adhesive. The hot melt adhesive composition comprises an ethylene alpha olefin copolymer having a weight average molecular weight of less than 20,000, a tackifier having a softening temperature of from 90-150 degrees C, and a wax. See paragraphs 0006-0010. Epolene C-18 is disclosed a suitable wax. Epolene C-18 is a maleic anhydride modified polyethylene having a softening point of 104 C which is suitable for use in hot melt adhesives, wherein the maleic anhydride modification allows for improved adhesion, greater filler tolerance, broader capabilities and improved aging properties. See attached data sheet and paragraph 0054. The tackifier can be rosins and modified rosins, aliphatic hydrocarbons and hydrogenated hydrocarbons, aromatic and hydrogenated aromatic tackifiers, terpenes and hydrogenated terpenes. See paragraphs 0047-0052. The tackifiers can be present in amounts of from 25-60 wt%. See paragraph 0072. The amount of wax can be 20-40 wt%. See paragraph 0063. Additional components can include fillers, waxes, plasticizers, light stabilizer, and fillers. The composition can have a Brookfield viscosity of 500-10,000 cP. See paragraph 0075. The composition has a softening point of 75-95 degrees C. See claim 8.
Lipi Shani does not teach a fibrous substrate.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH M IMANI whose telephone number is (571)272-1475. The examiner can normally be reached Monday-Wednesday 7AM-7:30; Thursday 10AM -2 PM.
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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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/ELIZABETH M IMANI/Primary Examiner, Art Unit 1789
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