Detailed Office Action
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Indefiniteness Rejection
2. 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.
3. Claims 1-15 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 respect to the polymer polyol (A), the polysiloxane compound (S), active hydrogen containing compound (B), and the dihydric alcohol (C) or trihydric or higher alcohol (T), these components are not mutually exclusive. For example, within claim 1, (A), (S), and (C) or (T) read on each other as does (A), (B), (C) or (T). Accordingly, the metes and bounds of the claims are not clearly defined.
Prior Art Rejection
4. 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.
5. Claims 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2007-92195 A.
JP 2007-92195 A discloses the production of an aqueous polyurethane urea dispersion, wherein polyisocyanate, corresponding to applicant’s (D), is reacted with a polycarbonate polyol, corresponding to applicant’s (A) (instant claim 13); a reactive polysiloxane, corresponding to applicant’s (S); dimethylolpropionic acid, corresponding to applicant’s (B); butanediol or 3-methyl-1,5-pentane diol, corresponding to applicant’s (C); trimethylolpropane, corresponding to applicant’s (T) (instant claim 6), to produce a prepolymer which is subsequently reacted with dipropylenetriamine (instant claims 2, 3, and 12), corresponding to applicant’s (E). The resulting products possess applicant’s acid value. See Examples A-4, A-5, and A-6 within the provided translation. With respect to the ratios of instant claims 4, 5, 7, 8, and 9, the examiner has calculated from the aforementioned examples the clamed ratios as follows: (S/A) = 0.036, 0.39, and 0.05, respectively with respect to the aforementioned examples A-4, A-5, and A-6; (B/A) = 0.6, 0.54, and 0.4, respectively with respect to the aforementioned examples A-4, A-5, and A-6; (C/A) = 0.6, 0.8, and 1.09, respectively with respect to the aforementioned examples A-4, A-5, and A-6; ([C + T]/A) = 1.1, 1.1, and 2.2, respectively with respect to the aforementioned examples A-4, A-5, and A-6; and (T/C) = 0.43, 0.33, and 0.5, respectively with respect to the aforementioned examples A-4, A-5, and A-6. Regarding claim 10, since the examples are produced according to a process that corresponds to applicant’s process, use applicant’s reactants in applicant’s amounts, and possess applicant’s claimed acid value, the position is taken that the disclosed examples inherently possess the claim particle sizes.
Conclusion
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rabon A Sergent whose telephone number is (571)272-1079. The examiner can normally be reached on Monday through Friday from 9:00 AM until 5:00 PM, ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Riviere Kelley, can be reached at telephone number 571-270-1831. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RABON A SERGENT/Primary Examiner, Art Unit 1765
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