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 .
Status of Application
Claims 1-3, 5, 8, 10-12, 17-20, 25, 26, 28 and 30-32 are pending. Claims 28 and 30-32 are withdrawn. Claims 1-3, 5, 8, 10-12, 17-20, 25 and 26 are presented for examination.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/1/2026 has been entered.
Response to Arguments
Applicant’s arguments, see amendment, filed 6/1/2026, with respect to claims 1, 2, 8, 10-12, 17-19, 25 and 26 have been fully considered and are persuasive. The rejection of these claims has been withdrawn. The claims now exclude a hardener, and as convincingly argued by Applicant, Yanan requires the inclusion of a hardener. Therefore, the claims are not obvious over Yanan.
However, the amendment necessitated the new grounds of rejection presented below for claims 3, 5 and 20.
Response to Amendment
The declaration under 37 CFR 1.132 filed 6/1/2026 is sufficient to overcome the rejection of claims 1-3, 5, 8, 10-12, 17-20, 25 and 26 based upon Yanan in view of Padget. Applicant makes clear that the amount of the aqueous dispersion of terpolymer is critical. Furthermore, the prior art of record fails to teach or suggest adjusting the amount of aqueous dispersion of terpolymer to the range as claimed or that adjusting the amount of dispersion of terpolymer has an effect on the color difference.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
1. Claims 3, 5 and 20 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claims 3, 5 and 20 recite the aqueous dispersion neutralized with a base. However, parent claims 1 and 19 exclude any additional components from the paint and primer coat. Therefore, claims 3, 5 and 20 actually expand the limitations of the parent claim by additionally including a base rather than further limiting the parent claim. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
2. Claims 1, 2, 8, 10-12, 17-19, 25 and 26 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record fails to teach or suggest the article of claim 1 and the method of claim 19. In particular, the prior art fails to teach or suggest the paint or primer coat only consisting of the elements as claimed as Yanan requires a hardener. Further, the prior art fails to teach or suggest the paint/primer consisting of the aqueous dispersion of terpolymer in the range of 70-90%. Thus, claims 1 and 19 are allowed. Claims 2, 8, 10-12, 17, 18, 25 and 26 depend from claim 1 or 19 and are allowed for the same reasons.
Conclusion
Claims 1-3, 5, 8, 10-12, 17-20, 25, 26, 28 and 30-32 are pending.
Claims 28 and 30-32 are withdrawn.
Claims 3, 5 and 20 are rejected.
Claims 1, 2, 8, 10-12, 17-19, 25 and 26 are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT S WALTERS JR whose telephone number is (571)270-5351. The examiner can normally be reached Monday-Friday 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dah-Wei Yuan can be reached at 571-272-1295. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT S WALTERS JR/
June 2, 2026Primary Examiner, Art Unit 1717
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