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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/30/2025 has been entered.
Response to Amendment
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior office action.
Rejections of canceled claims 11 and 14 have been withdrawn.
Claim Objections
Claim 1 is objected to because in formula (R1)mSi(R2)n(OR3)4-m-n, subscripts and superscripts should be as in the original claims, (R1)mSi(R2)n(OR3)4-m-n, in order to be clear.
Appropriate correction is required.
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.
Claim 22 is rejected under 35 U.S.C. 112(d) 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. Having the stabilizing monomer be a combination of methacrylic acid and methacrylamide is outside the scope of claim 1 which requires that the stabilizing monomer is combination of an ethylenically unsaturated sulfonic acid and unsaturated mono- or di-carboxylic acid. Methacrylamide is not necessarily an ethylenically unsaturated sulfonic acid. 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.
Claim Rejections - 35 USC § 103
Claims 1-10, 12, 13, and 15-23 are rejected under 35 U.S.C. 103 as being unpatentable over Cabrera (WO 2015/193192, machine translation) in view of Junk (US 2017/0137661).
With respect to claim 1, 9-10, 12, and 15, Cabrera discloses aqueous dispersions of functionalized copolymers and their use as binders for scrub resistant (paragraph 0011) coatings with high pigment volume concentration (abstract), wherein the functionalized copolymers are prepared by radical emulsion polymerization of 30-70 parts by weight of at least one monomer whose homopolymer has a glass transition temperature (Tg) of less than 25°C, 30 to 70 parts by weight of at least one monomer whose homopolymer has Tg greater than or equal to 25°C, 0.1-5 parts by weight of at least one compound containing stabilizing groups, and 0.05-5 parts by weight of at least one copolymerizable monomer containing one or more hydrolyzable silane monomers (paragraphs 0011-0014). Cabrera the at least one compound containing stabilizing groups contains carboxylate and sulfonate groups, including mixtures thereof (paragraph 0027). Cabrera teaches additives such as biocides (i.e., preservatives), but they are optional (paragraph 0057). Therefore, the coating composition is “substantially free” of preservatives. Cabrera teaches that the pH value of the coating composition is preferably greater than 10 (paragraph 0021).
Regarding TVOC content, Cabrera teaches that organic volatile components are removed in a known manner (paragraph 0046). Therefore, it would have been obvious to one of ordinary skill in the art to reduce the total volatile content to less than 1000 ppm.
Cabrera teaches that the hydrolyzable silane monomers include vinyltrialkoxysilanes and (meth)acryloxypropyltrimethoxysilane (paragraphs 0028-0030) but fails to disclose that the hydrolyzable group is OR3 with R3 is an acyl (C(O)Z) radical with Z as alkyl, aryl, or hydrogen.
Junk discloses an aqueous coating composition comprising a copolymer dispersion formed by emulsion polymerization of at least one ethylenically unsaturated monomer (abstract), wherein in some embodiments a mixture of monomers having homopolymers with Tg < 25°C and Tg ≥ °C (paragraph 0029). Junk teaches that useful unsaturated silanes are added in a preferred amount of 0.5-5 wt % in order to promote better film or coating performance such as enhanced adhesion, improved wet adhesion, scrub resistance, and weathering (paragraph 0034). The unsaturated silanes correspond to formula
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where R is an olefinically unsaturated group and at least one of R1, R2, and R3 denotes –OZ where Z can be an acyl radical (paragraph 0035), e.g., vinyltriacetoxysilane (paragraph 0036).
Given that both Cabrera and Junk are drawn to aqueous dispersion of copolymers comprising a mixture of comonomers with homopolymers having Tgs like claimed and unsaturated silane comonomers having hydrolyzable silane groups and further given that Junk teaches that such advantageous comonomers include vinyltriacetoxysilane, it would have been obvious to one of ordinary skill in the art to utilize an acetoxy group as the hydrolyzable group, especially in view of Cabrera’s teaching that vinyl acetate hydrolyzes at a pH greater than 10.
With respect to claims 2 and 3, exemplified comonomer having Tg < 25°C includes n-butyl acrylate (ester of C4 carboxylic acid) (paragraph 0077).
With respect to claim 4, Cabrera does not teach that the monomer whose homopolymer has Tg < 25°C is a vinyl ester.
Junk discloses that a suitable comonomer as an alternative to (meth)acrylates ester (explicitly taught by Cabrera as first monomer) includes vinyl esters of branched and unbranched carboxylic acids having 1-18 carbon atoms (paragraph 0027), e.g., vinyl esters of Versatic acid (branched C9-11) which inherently has Tg < 25°C.
Given that Cabrera and Junk teach aqueous polymers dispersions for coatings comprising a mixture of comonomers with Tg values like claimed and further given that Junk teaches that vinyl esters are suitable as a comonomer, it would have been obvious to one of ordinary skill in the art to select claimed vinyl ester as the comonomer whose homopolymer has Tg of less than 25°C—absent a showing of unexpected or surprising results.
With respect to claims 5 and 6, exemplified comonomer includes styrene (paragraph 0078).
With respect to claim 7, Cabrera teaches that an epoxy group in a comonomer is advantageous in regards to strength (paragraph 0031).
While Cabrera does not disclose that an epoxy group is in the silane comonomer, it would have been obvious to one of ordinary skill in the art to add an epoxy group as a suitable functional group.
With respect to claim 8, Cabrera teaches that the hydrolyzable silane monomers include vinyltrialkoxysilanes and (meth)acryloxypropyltrimethoxysilane (paragraphs 0028-0030)
With respect to claim 13, Cabrera teaches that ethylenically unsaturated epoxy-containing compounds are used in the copolymer dispersion (paragraph 0031) but fails to disclose the amount in the epoxy monomer in the copolymer.
Junk teaches that copolymerizing an ethylenically unsaturated epoxide compound provide for improved properties (like the silane comonomer) and is used in a preferred amount of 0.5-5 wt % (paragraph 0034).
Given that Cabrera discloses utilizing an ethylenically unsaturated epoxy-containing compound in the copolymer and further given that Junk teaches that copolymerizing an ethylenically unsaturated epoxide compound in an amount of 0.5-5 wt % provides for improved functional properties, it would have been obvious to one of ordinary skill in the art to utilize an ethylenically unsaturated epoxy comonomer with the claimed amount.
With respect to claim 16, Cabrera teaches that the minimum film bonding temperature is less than 10°C (paragraph 0015).
With respect to claim 17, Cabrera teaches that the Tg of the paint is -15 to 50°C (paragraph 0052).
With respect to claim 18, Cabrera teaches that the polymer particles have size of 50-300 nm (paragraph 0050).
With respect to claim 19, Cabrera teaches that 0.01-5 wt % of water-soluble silicate such as potassium water glass is added (paragraph 0019).
With respect to claim 20, Cabrera does not require the addition of organic solvent, plasticizer, or coalescent agent.
With respect to claim 21, Cabrera teaches that aqueous polymer dispersions are used to improve wet scrub resistance (paragraph 0011) but fails to specifically disclose that the coating composition has at least a wet scrub class II.
Even so, given that Cabrera discloses that wet scrub resistance is improved by using the copolymer dispersion, it would have been obvious to one of ordinary skill in the art to obtain a coating composition having at least a web scrub class II.
With respect to claim 22, Cabrera teaches that the stabilizing monomers include at least one of methacrylic acid and methacrylamide, including mixtures thereof (paragraph 0027).
With respect to claim 23, Cabrera discloses aqueous dispersions of functionalized copolymers and their use as binders for scrub resistant (paragraph 0011) coatings with high pigment volume concentration (abstract), wherein the functionalized copolymers are prepared by radical emulsion polymerization of 30-70 parts by weight of at least one monomer whose homopolymer has a glass transition temperature (Tg) of less than 25°C, 30 to 70 parts by weight of at least one monomer whose homopolymer has Tg greater than or equal to 25°C, 0.1-5 parts by weight of at least one compound containing stabilizing groups, and 0.05-5 parts by weight of at least one copolymerizable monomer containing one or more hydrolyzable silane monomers (paragraphs 0011-0014). Cabrera teaches that the stabilizing monomers include at least one of methacrylic acid and methacrylamide, including mixtures thereof (paragraph 0027). Cabrera teaches additives such as biocides (i.e., preservatives), but they are optional (paragraph 0057). Therefore, the coating composition is “substantially free” of preservatives. Cabrera teaches that the pH value of the coating composition is preferably greater than 10 (paragraph 0021).
Regarding TVOC content, Cabrera teaches that organic volatile components are removed in a known manner (paragraph 0046). Therefore, it would have been obvious to one of ordinary skill in the art to reduce the total volatile content to less than 1000 ppm.
Cabrera teaches that the hydrolyzable silane monomers include vinyltrialkoxysilanes and (meth)acryloxypropyltrimethoxysilane (paragraphs 0028-0030) but fails to disclose that the hydrolyzable group is OR3 with R3 is an acyl (C(O)Z) radical with Z as alkyl, aryl, or hydrogen.
Junk discloses an aqueous coating composition comprising a copolymer dispersion formed by emulsion polymerization of at least one ethylenically unsaturated monomer (abstract), wherein in some embodiments a mixture of monomers having homopolymers with Tg < 25°C and Tg ≥ °C (paragraph 0029). Junk teaches that useful unsaturated silanes are added in a preferred amount of 0.5-5 wt % in order to promote better film or coating performance such as enhanced adhesion, improved wet adhesion, scrub resistance, and weathering (paragraph 0034). The unsaturated silanes correspond to formula
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88
108
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where R is an olefinically unsaturated group and at least one of R1, R2, and R3 denotes –OZ where Z can be an acyl radical (paragraph 0035), e.g., vinyltriacetoxysilane (paragraph 0036).
Given that both Cabrera and Junk are drawn to aqueous dispersion of copolymers comprising a mixture of comonomers with homopolymers having Tgs like claimed and unsaturated silane comonomers having hydrolyzable silane groups and further given that Junk teaches that such advantageous comonomers include vinyltriacetoxysilane, it would have been obvious to one of ordinary skill in the art to utilize an acetoxy group as the hydrolyzable group, especially in view of Cabrera’s teaching that vinyl acetate hydrolyzes at a pH greater than 10.
Response to Arguments
Applicant's arguments filed 12/30/2025 have been fully considered but they are not persuasive. Specifically, applicant argues that the combination of sulfonic acid-functional and carboxylic acid-functional comonomers is not taught or suggested by Cabrera.
To the contrary, Cabrera the at least one compound containing stabilizing groups contains carboxylate and sulfonate groups, including mixtures thereof (paragraph 0027).
Applicant argues that the data of the specification as originally filed shows unexpected results for acetoxysilane compared to ethoxysilane concerning TVOC content.
The data has been fully considered, however, it is insufficient to establish unexpected results because the data appears to be expected. A hydrolysable silane when hydrolyzed releases a small molecule from the condensation reaction. Specifically, when an ethoxysilane is hydrolyzed, ethanol is formed; and when an acetoxysilane is hydrolyzed, acetic acid is formed. Therefore, higher level of ethanol (contributes to TVOC) in comparative examples C10 and C11 Table 4 of the specification are expected. Therefore, the lower ethanol content in ethoxy-free acetoxysilane is expected to include lower amounts of ethanol and thus TVOC within claimed range.
Applicant argues that it is unexpected that an acetoxysilane would attain good wet scrub resistance like ethoxysilane.
Cabrera clearly teaches that a composition comprising a copolymer including hydrolyzable silane monomers improves wet scrub resistance (paragraphs 0011-0014). Cabrera does not disclose acetoxysilane as being equivalent to ethoxysilane, however, it also does not teach away from hydrolyzable groups other than ethoxy. Also, Junk teaches that useful unsaturated silanes, including acetoxysilanes, are added in a preferred amount of 0.5-5 wt % in order to promote better film or coating performance such as improved wet adhesion and scrub resistance (paragraph 0034).
Conclusion
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/VICKEY NERANGIS/Primary Examiner, Art Unit 1763
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