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Patent Application 17550146 - RAPID CURING OF CURABLE COMPOSITIONS - Rejection

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Patent Application 17550146 - RAPID CURING OF CURABLE COMPOSITIONS

Title: RAPID CURING OF CURABLE COMPOSITIONS

Application Information

  • Invention Title: RAPID CURING OF CURABLE COMPOSITIONS
  • Application Number: 17550146
  • Submission Date: 2025-05-14T00:00:00.000Z
  • Effective Filing Date: 2021-12-14T00:00:00.000Z
  • Filing Date: 2021-12-14T00:00:00.000Z
  • National Class: 524
  • National Sub-Class: 428000
  • Examiner Employee Number: 62263
  • Art Unit: 1765
  • Tech Center: 1700

Rejection Summary

  • 102 Rejections: 3
  • 103 Rejections: 0

Cited Patents

No patents were cited in this rejection.

Office Action Text


    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 Rejections - 35 USC § 112
Claims 23-26 and 38-42 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.
In claim 23, the broad limitation “comprising” (line 2) together with the narrow limitation “consists of” (line 11) is confusing because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. 
In claim 23, it is unclear if or how the language “a catalyst present in the curable composition, water, or a combination thereof” is indefinite given that the recitation “consists of the curable prepolymers, the curing rate modifier, and the hardener” precludes the presence of catalysts and water.
In claim 38, there is no express antecedent basis for “a curing agent”.
In claim 38, it is unclear if or how the language “water, or a combination thereof” is indefinite given that the recitation “consists of the curable prepolymers, the curing rate modifier, and the hardener” per claim precludes of water.
 
In claim 38, inasmuch as the curable composition per claim 27 optionally may contain “one or more hardeners” and “one of more catalysts”, it is unclear whether the  “curing agent” per line 4 refers to an additional hardener and/or catalyst.  Notably, the curable composition per claim 27 is governed by “consisting of” which precludes the presence of additional materials other than those recited therein.
In claim 39, clarification is requested as to what additional materials the “comprising” limitation is opened to given that the composition can only contain up to 10 wt.% of the “further additives”.  Moreover, the metes and bounds of the “further additives” are indeterminate in scope.
In claim 39, the metes and bounds of a “functionalized” graphene oxide are indeterminate in scope.
Claim Rejections - 35 USC § 102
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 –

(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.

Claims 39-41 are rejected under 35 U.S.C. 102(a1) as being anticipated by CN 111944469 A (Yu) abstract and machine translation.
Yu discloses a curable sealant composition comprising:
 		(A) Component (A) composed of
- 10 to 20 pbw poly(propylene glycol) diglycidyl ether (meets Applicants’ epoxy prepolymer),
- 4 to 8 pbw bisphenol A epoxy resin (also meets Applicants’ epoxy prepolymer),
- 8 to 12 pbw trifunctional epoxy diluent (also meets Applicants’ epoxy prepolymer),
- 0.5 to 2 pbw graphene oxide (meets Applicants’ unfunctionalized graphene), 
- 0.2 to 0.5 pbw silicon dioxide (not precluded from present “comprising” claims),
- 10 to 16 pbw aluminum oxide powder (not precluded from present “comprising” claims), and
- 40 to 60 pbw silica (not precluded from present “comprising” claims); and
(B) Component (B) composed of
- 3 to 8 pbw tertiary amine curing agent (meets Applicants’ optional hardener),
- 20 to 40 pbw silicone modified polyetheramine (also meets Applicants’ optional hardener), and
- 50 to 80 pbw of a polyetheramine (also meets Applicants’ optional hardener) (e.g., abstract, examples, claims).  Notably, the curable composition is in “an uncured state”.
As to claim 39, the composition is being interpreted as “comprising” additional materials other the recited materials.  Thus, 10 wt.% of  Yu’s total content of silicon dioxide+aluminum oxide powder+silica meets the presently claimed 10 wt.% of “further additives” and the remaining balance is not precluded given the open-ended “comprising limitation.
	As to claim 40, Yu discloses epoxy prepolymers.
	As to claim 41, Yu discloses an unfunctionalized graphene oxide.  
Claims 39-41 are rejected under 35 U.S.C. 102(a1) as being anticipated by CN 108943898 A (Chen) abstract and machine translation.
Chen discloses a composite material obtained by coating a curable composition onto a polyethylene fiber woven fabric, wherein the curable composition comprises graphene oxide (meets Applicants’ unfunctionalized graphene oxide), epoxy resin (meets Applicants’ curable epoxy prepolymer), curing agent (meets Applicants’ hardener) and dimethylbenzene (not precluded from present “comprising” claims). Notably, the curable composition is in “an uncured state”.  Preferably, Chen’s curable composition is a mixed solution comprising 0.5 pbw graphene oxide, 50 pbw epoxy resin, 49.1 to 49.3 pbw dimethylbenzene and 0.2 to 0.4 curing agent (page 3).
As to claim 39, the composition is being interpreted as “comprising” additional materials other the recited materials.  Thus, 10 wt.% of  Chen’s dimethylbenzene content meets the presently claimed 10 wt.% of “further additives” and the remaining balance is not precluded given the open-ended “comprising limitation.
As to claim 40, Chen discloses epoxy resins.
	As to claim 41, Chen discloses an unfunctionalized graphene oxide.  
Claims 39, 40 and 42 are rejected under 35 U.S.C. 102(a1) as being anticipated by CN 111218090 A (Cai) abstract and machine translation.   
 As to claim 39, Cai discloses a curable composition comprising:   
   	- a curable epoxy resin (meets Applicants’ epoxy prepolymer);   
- a modified graphene oxide obtained by modifying graphene oxide with   a polyamine (meets Applicants’ functionalized graphene oxide); and   
- an amine curing agent (meets Applicants’ hardener) (e.g.,    abstract, examples, [0004-0006], [0010-0011], [0049], claims).   
As to claim 40, Cai discloses epoxy prepolymers.
	As to claim 41, Cai discloses a functionalized graphene oxide.  
Response to Arguments
Applicant’s arguments and amendments filed February 28, 2025 have been further considered and are persuasive in overcoming the previous 35 USC 101/103 rejections of over CN 111944469 A (Yu) and CN 108943898 A (Chen).  Specifically, claim 27 has been amended to recite “consisting of” and, as such, precludes the presence of more than 10 wt.,% of further additives, as required by the formulations disclosed by Yu and Chen.
Allowable Subject Matter
Claims 23 and 27, by virtue of “consisting of”, preclude the additional materials required by the formulations disclosed by Yu and Chen.
Claims 23-26 would be allowable if rewritten or amended to overcome the rejection under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 27-37 are allowed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ana L Woodward whose telephone number is (571)272-1082. The examiner can normally be reached M-F 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Kelley can be reached on 571-270-1831. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.

/ANA L. WOODWARD/Primary Examiner, Art Unit 1765                                                                                                                                                                                                        






    
        
            
        
            
        
            
    


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