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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/30/2025 has been entered.
Status of the Claims
This action is in response to papers filed 10/30/2025 in which claims 3 and 4 were canceled; claims 17-25 were withdrawn; and claims 1, 2, 12, and 26 were amended. All the amendments have been thoroughly reviewed and entered.
Claims 1, 2, 5-16 and 26-29 are under examination.
Withdrawn Rejections
The Examiner has re-weighted all the evidence of record. Any rejection and/or objection not specifically addressed below is hereby withdrawn. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set of rejections and/or objections presently being applied to the instant application.
New Rejection
Necessitated by Applicant’s Claim Amendments
Claim Rejections - 35 USC § 112 – NEW MATTER
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2, 5, 9-16 and 26 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 2 introduces new matter as the claim recite the limitations: “each of the first and second water soluble or dispersible multifunctional acrylates have an α,β-unsaturated carbonyl,” “the multifunctional amine, when present, adds by aza-Michael addition to a β-carbon of either or both of the first and second water soluble or dispersible multifunctional acrylate” and “an amine of the preformed PBAE prepolymer, when the PBAE prepolymer is present, adds by nitrogen/carbon bonds via Aza-Michael Addition to the p-carbon of either or both of the first and second water soluble or dispersible multifunctional acrylate.” There is no support in the specification for these limitations.
Applicant asserted that the support for the amendments of claim 2 can be found at least in the claims as originally filed and the specification at paragraphs [0014], [0067], and [0110] (see Remarks filed 10/30/2025, page 11 under section IV). However, after a thorough review of the original claims, as well as, said paragraphs [0014], [0067], and [0110] from the specification, there is no disclosure there remained to be no support the particular limitations of “each of the first and second water soluble or dispersible multifunctional acrylates have an α,β-unsaturated carbonyl,” “the multifunctional amine, when present, adds by aza-Michael addition to a β-carbon of either or both of the first and second water soluble or dispersible multifunctional acrylate” and “an amine of the preformed PBAE prepolymer, when the PBAE prepolymer is present, adds by nitrogen/carbon bonds via Aza-Michael Addition to the p-carbon of either or both of the first and second water soluble or dispersible multifunctional acrylate” as claimed.
It is noted that none of the original claims filed 11/18/2021 disclose or recite the mechanism of aza-michael addition as particularly claimed in the above conflicting limitations.
Paragraph [0014] of the specification describes “the preformed PBAE prepolymer contains free amino moieties reactive with a multifunctional (meth)acrylate, preferably acrylate, via Aza-Michael Addition reaction. In yet further embodiments, the preformed PBAE prepolymer contains free (meth)acrylate moieties reactive with a multifunctional (meth)acrylate, via free radical polymerization.” However, this disclosure is to the components of the preformed PBAE prepolymer and not pertinent to the above conflicting limitations, as there is no indication claim 2, that the above limitations are drawn to preformed PBAE prepolymer because claim 2 does not define any structures for preformed PBAE prepolymer. Furthermore, nowhere in paragraph [0014] does disclose particularly “each of the first and second water soluble or dispersible multifunctional acrylates have an α,β-unsaturated carbonyl,” “the multifunctional amine, when present, adds by aza-Michael addition to a β-carbon of either or both of the first and second water soluble or dispersible multifunctional acrylate” and “an amine of the preformed PBAE prepolymer, when the PBAE prepolymer is present, adds by nitrogen/carbon bonds via Aza-Michael Addition to the p-carbon of either or both of the first and second water soluble or dispersible multifunctional acrylate” as claimed.
Paragraph [0067] of the specification describes “[t]he present disclosure relates to a consumer product composition that comprises a population of delivery particles and a treatment adjunct as described in more detail below.” Thus, nowhere in paragraph [0067] does it describe “each of the first and second water soluble or dispersible multifunctional acrylates have an α,β-unsaturated carbonyl,” “the multifunctional amine, when present, adds by aza-Michael addition to a β-carbon of either or both of the first and second water soluble or dispersible multifunctional acrylate” and “an amine of the preformed PBAE prepolymer, when the PBAE prepolymer is present, adds by nitrogen/carbon bonds via Aza-Michael Addition to the p-carbon of either or both of the first and second water soluble or dispersible multifunctional acrylate” as claimed.
Paragraph [0110] of the specification describes “[o]nce the emulsion containing the first aqueous solution, the second aqueous solution and the oil phase is obtained, mix the third aqueous solution with the emulsion at a temperature of 25-70 °C. In one embodiment, this temperature is 50°C. Variations, such are less than three aqueous solutions, and changes in aqueous solution order or sequence of additions are within the contemplated scope of the invention.” Thus, paragraph [0110] has no pertinence to the limitations of “each of the first and second water soluble or dispersible multifunctional acrylates have an α,β-unsaturated carbonyl,” “the multifunctional amine, when present, adds by aza-Michael addition to a β-carbon of either or both of the first and second water soluble or dispersible multifunctional acrylate” and “an amine of the preformed PBAE prepolymer, when the PBAE prepolymer is present, adds by nitrogen/carbon bonds via Aza-Michael Addition to the p-carbon of either or both of the first and second water soluble or dispersible multifunctional acrylate” as claimed.
Claims 5 and 9-16 are also rejected as they depend from claim 2, thereby also containing the conflicting new matter limitations.
Claim 26 introduces new matter as the claim recite the limitations: “the weight ratio PAC:PBAE is from about 5:95 to about 20:80 based on the total shell weight.” There is no support in the specification for this limitation as it pertain to the weight range of 5:95 to about 20:80 for PAC:PBAE.
Applicant asserted that the support for the amendments of claim 2 can be found as originally filed and in paragraphs [0094], [0097], and [0110] of the specification (Remarks filed 10/30/2025, pages 12 and 13). However, after a thorough review of the [0094], [0097], and [0110] of the specification, the original claims, and throughout the specification, there appeared to be no support for “20:80” weight ratio for PAC:PBAE.
Paragraphs [0094] and [0097] of the specification are drawn to perfume raw materials and partitioning modifier, respectively, and thus, has not pertinence to the weight ratio of PAC:PBAE
Paragraph [0110] of the specification describes “[o]nce the emulsion containing the first aqueous solution, the second aqueous solution and the oil phase is obtained, mix the third aqueous solution with the emulsion at a temperature of 25-70 °C. In one embodiment, this temperature is 50°C. Variations, such are less than three aqueous solutions, and changes in aqueous solution order or sequence of additions are within the contemplated scope of the invention.” Thus, paragraph [0110] has no pertinence to the weight ratio of PAC:PBAE.
It is noted that the original claim 26 discloses the weight ratio for PAC:PBAE as “from about 5:95 to about 0:80 based on the total shell weight.” Thus, there is only support for “0:80,” but not “20:80.” There is no other disclosure in any of the remaining original claims regarding the weight ratio of PAC:PBAE. In addition, none of the examples have any pertinence the claimed weight ratio, much less the weight ratio of 20:80 for PAC:PBAE. Thus, allegation of correcting an obvious error or a typographical error as a reason for support of the amendment is not adequate because there is no hint in the specification or the original claims that would suggest “0:80” is an obvious error or a typographical error, or that “20:80” as claimed is the correct weight ratio.
As such, the disclosure does not reasonably convey that the inventor had possession of the subject matter of amended claims 2 and 26 at the time of filing of the instant application.
Maintained-Modified Rejection
Modification Necessitated by Applicant’s Claim Amendments
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 2, 5-16 and 27-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Feng et al (US 2017/0216162 A1) in view of Anderson et al (US 2004/0071654 A1; hereafter as “Anderson ‘654”) and González et al (Polymer Chemistry, 2015, 6: 6987-6997).
Regarding claims 1 and 2, Feng teaches a microcapsule comprising a core material and a shell wall comprising a prepolymer containing a first multifunctional acrylate and a multifunctional amine, and additional second multifunctional acrylate (Abstract; [0007]-[0131], [0139]-[0159], [0174]-[0184], [0234]-[0279] and [0505]; claims 1-23). Feng teaches the shell wall is formed from an oil phase forming composition containing a (meth)acrylate polymer and from a water phase forming composition containing a (meth)acrylate polymer formed from the first multifunctional acrylate and the multifunctional amine (the prepolymer) ([0007]-[0131], [0139]-[0159], [0234]-[0279]; claims 1-23). Feng teaches the shell wall can have region containing a mixture of the polymer from the oil phase and the polymer form the water phase ([0007], [0064]; claims 13-14). Feng teaches the microcapsule has improved strength and integrity, thereby resists premature fracture and minimizing leakage of the core material ([0006] and [0183]). Feng teaches the core material contains a benefit agent such as a perfume ([0145], [0183]). Feng teaches the core material can further contains a solvent such as vegetable oil ([0148]).Feng teaches the microcapsules have two layers with an inner layer containing a mix of the oil soluble monomers (polyacrylate) and poly(beta-amino ester), and an outer layer containing poly(beta-amino ester) (Feng: Abstract; [0007]-[0131], [0139]-[0159], [0174]-[0184], [0234]-[0279] and [0505]; claims 1-23). Feng teaches the microcapsules have two layers and an intermediate region between the two layers, wherein the inner layer contains oil soluble monomers (polyacrylate), intermediate region contains a mixture of the oil soluble monomers and poly(beta-amino ester), and an outer layer containing poly(beta-amino ester) (Feng: [0007], [0064]; claims 13-14). Feng further teaches the shell wall is as a result of the concurrent or sequential polymerization of the wall forming compositions at the interface of the oil and aqueous phases (claims 1 and 11-13). Feng teaches the prepolymer is formed by free radical polymerization ([0062], [0130], [0164], [0168]-[0172], [0176], [0178], [0181]).
It would have been obvious that the prepolymer containing a first multifunctional acrylate and a multifunctional amine of Feng is a poly(beta-amino ester) or can be formed into a poly(beta-amino ester) because per Anderson ‘654, poly(beta-amino ester) is formed by condensing bis(secondary) amines or primary amines with bis(acrylate ester) (Anderson ‘654: Abstract; [0008]-[0144], [0103]-[0112], 0183], [0189], [0190], [0270]-[0271]), which are the reactants used in forming the prepolymer of Feng, as Feng teaches the multifunctional amine is a primary amine and the multifunctional acrylate includes 1,3 butanediol diacrylate, 1,4-butanediol diacrylate, and 1,6 hexanediol diacrylate (Feng:[0132], [0135], [0138], and [0152]), which are multifunctional acrylate having an α-β-unsaturated carbonyl. Anderson ‘654 further teaches that condensing of bis(secondary) amines or primary amines with bis(acrylate ester) is via polymerization process such as Michael addition, wherein Anderson ‘654 showed that the multifunctional amine is added to a β-carbon of the α-β-unsaturated carbonyl via Michael addition reaction (Anderson ‘654: [0103]-[0112], [0270]-[0271]). The disclosures from Anderson ‘654 is supported by González, in which González established that polymerization via aza-Michael addition is formed from a reaction of amino and acrylate groups (González: Abstract; Introduction; pages 6988-6989 and 6991-6994). Thus, it would have been reasonably obvious that the prepolymer containing a first multifunctional acrylate and a multifunctional amine of Feng is a poly(beta-amino ester) or can be formed into a poly(beta-amino ester) via known polymerization methods in the art including Michael addition per guidance from Anderson ‘654 and González, and achieve Applicant’s claimed poly(beta-amino ester) (PBAE) with reasonable expectation of success. It would also have been obvious that the shell of the microcapsule of Feng would be a shell containing polyacrylate, hybrid polyacrylate/poly(beta-amino ester), and poly(beta-amino ester) because Feng teaches the shell wall can be a region containing a mixture of the polymer from the oil phase and the polymer from the water phase ([0007], [0064]; claims 13-14). Feng further indicated that it is well-established in the prior art, wall materials for forming the shell/wall of the microcapsules include polyacrylate based materials (Feng: [0505]). Additionally, as discussed above, Feng teaches the microcapsules have two layers and an intermediate region between the two layers, wherein the inner layer contains oil soluble monomers (polyacrylate), intermediate region contains a mixture of the oil soluble monomers and poly(beta-amino ester), and an outer layer containing poly(beta-amino ester) (Feng: [0007], [0064]; claims 13-14). Feng further teaches the shell wall is as a result of the concurrent or sequential polymerization of the wall forming compositions at the interface of the oil and aqueous phases (claims 1 and 11-13).
There is reasonable predictability and expectation that the shell of the microcapsule of Feng would be a shell containing hybrid polyacrylate/poly(beta-amino ester) upon concurrent or sequential polymerization of the wall forming compositions at the interface of the oil and aqueous phases because Feng teaches one can employ different temperatures for different polymerization steps to regulate the rate of polymerization to better control the formation of the capsule wall and its constituents (Feng: [0168]), and per González, poly(amino ester)-poly(acrylate) is obtained by two-stage sequential aza-Michael addition and free-radical polymerization of amine-acrylate mixtures, in which the first stage reaction is a self-limiting click aza-Michael addition between multifunctional amine and acrylate monomers with an excess of acrylate groups, and the second stage reaction is a photocured radical polymerization of the unreacted acrylate groups (González: Abstract; Introduction; pages 6988-6989 and 6991-6994). González further establishes that during the first stage amino and acrylate groups react through an aza-Michael mechanism to form a partially reacted material and this reactive process proceeds at room temperature, and in the second stage, the photoinitiated free radical polymerization of the excess of acrylic groups, embedded within the material formed in the first stage, results in a crosslinked network that forms poly(amino ester)-poly(acrylate) (González: page 6988).
Given that the shell of Feng is formed by sequential polymerization of the wall forming compositions containing amine-acrylate mixtures at the interface of the oil and aqueous phases, it would have been obvious with reasonable expectation the shell of the microcapsule of Feng would be a shell containing hybrid polyacrylate/poly(beta-amino ester) upon concurrent or sequential polymerization of the wall forming compositions at the interface of the oil and aqueous phases via known methods of two-stage sequential aza-Michael addition and free-radical polymerization of amine-acrylate mixtures, as guided in González, thereby achieving Applicant’s claimed shell having containing polyacrylate, hybrid polyacrylate/poly(beta-amino ester), and poly(beta-amino ester) with reasonable expectation of success.
With respect to amounts by weight of the components in the shell of claim 2, Feng teaches the shell contains the first multifunctional acrylate in an amount of 90% to 99.8% by weight, an acid methacrylate and/or simple acid in an amount of 0.1% to 15% by weight, the multifunctional amine in an amount of 0.1 to 15% by weight, the second multifunctional acrylate in an amount of 10% to 50% by weight, and free radical initiator ([0139] and [0152]). Thus, it is noted that the Courts have stated where the claimed ranges “overlap or lie inside the ranges disclosed by the prior art” and even when the claimed ranges and prior art ranges do not overlap but are close enough that one skilled in the art would have expected them to have similar properties, a prima facie case of obviousness exists (see In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); Titanium Metals Corp. of America v. Banner, 778 F2d 775. 227 USPQ 773 (Fed. Cir. 1985). Absent some demonstration of unexpected results showing criticality from the claimed parameters, the optimization of the weight amounts of polyamine, first multifunctional acrylate, acid methacrylate and/or simple acid, free radical initiator, and second multifunctional acrylate in the shell of the microcapsule would have been obvious before the effective filing date of Applicant’s invention. See MPEP §2144.05 (I)-(II).
Regarding claim 5, Feng teaches the mole ratio of the multifunctional acrylate to the multifunctional amine is 3:1 to 1:3 ([0139]-[0143]), which falls within or overlaps the claimed mole ratio. Thus, the Courts have stated where the claimed ranges “overlap or lie inside the ranges disclosed by the prior art” and even when the claimed ranges and prior art ranges do not overlap but are close enough that one skilled in the art would have expected them to have similar properties, a prima facie case of obviousness exists (see In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); Titanium Metals Corp. of America v. Banner, 778 F2d 775. 227 USPQ 773 (Fed. Cir. 1985). Absent some demonstration of unexpected results showing criticality from the claimed parameters, the optimization of the mole ratio of the multifunctional acrylate to the multifunctional amine would have been obvious before the effective filing date of Applicant’s invention. See MPEP §2144.05 (I)-(II).
Regarding claims 6-8, Feng teaches the shell wall can region containing a mixture of the polymer from the oil phase and the polymer form the water phase ([0007], [0064]; claims 13-14). Feng teaches the microcapsules have two layers with an inner layer containing a mix of the oil soluble monomers (polyacrylate) and poly(beta-amino ester), and an outer layer containing poly(beta-amino ester) (Feng: Abstract; [0007]-[0131], [0139]-[0159], [0174]-[0184], [0234]-[0279] and [0505]; claims 1-23). Feng teaches the microcapsules have two layers and an intermediate region between the two layers, wherein the inner layer contains oil soluble monomers, intermediate region contains a mixture of the oil soluble monomers and poly(beta-amino ester), and an outer layer containing poly(beta-amino ester) (Feng: [0007], [0064]; claims 13-14). Feng further teaches the shell wall is as a result of the concurrent or sequential polymerization of the wall forming compositions at the interface of the oil and aqueous phases (claims 1 and 11-13). As discussed above, it would have been obvious that the shell of the microcapsule of Feng would be a shell containing polyacrylate, hybrid polyacrylate/poly(beta-amino ester), and poly(beta-amino ester) because Feng teaches the shell wall can be a region containing a mixture of the polymer from the oil phase and the polymer from the water phase ([0007], [0064]; claims 13-14). Feng further indicated that it is well-established in the prior art, wall materials for forming the shell/wall of the microcapsules include polyacrylate based materials (Feng: [0505]). Additionally, as discussed above, Feng teaches the microcapsules have two layers and an intermediate region between the two layers, wherein the inner layer contains oil soluble monomers (polyacrylate), intermediate region contains a mixture of the oil soluble monomers and poly(beta-amino ester), and an outer layer containing poly(beta-amino ester) (Feng: [0007], [0064]; claims 13-14). Feng further teaches the shell wall is as a result of the concurrent or sequential polymerization of the wall forming compositions at the interface of the oil and aqueous phases (claims 1 and 11-13). There is reasonable predictability and expectation that the shell of the microcapsule of Feng would be a shell containing hybrid polyacrylate/poly(beta-amino ester) upon concurrent or sequential polymerization of the wall forming compositions at the interface of the oil and aqueous phases because Feng teaches one can employ different temperatures for different polymerization steps to regulate the rate of polymerization to better control the formation of the capsule wall and its constituents (Feng: [0168]), and per González, poly(amino ester)-poly(acrylate) is obtained by two-stage sequential aza-Michael addition and free-radical polymerization of amine-acrylate mixtures, in which the first stage reaction is a self-limiting click aza-Michael addition between multifunctional amine and acrylate monomers with an excess of acrylate groups, and the second stage reaction is a photocured radical polymerization of the unreacted acrylate groups (González: Abstract; Introduction; pages 6988-6989 and 6991-6994). González further establishes that during the first stage amino and acrylate groups react through an aza-Michael mechanism to form a partially reacted material and this reactive process proceeds at room temperature, and in the second stage, the photoinitiated free radical polymerization of the excess of acrylic groups, embedded within the material formed in the first stage, results in a crosslinked network that forms poly(amino ester)-poly(acrylate) (González: page 6988). Given that the shell of Feng is formed by sequential polymerization of the wall forming compositions containing amine-acrylate mixtures at the interface of the oil and aqueous phases, it would have been obvious with reasonable expectation the shell of the microcapsule of Feng would be a shell containing hybrid polyacrylate/poly(beta-amino ester) upon concurrent or sequential polymerization of the wall forming compositions at the interface of the oil and aqueous phases via known methods of two-stage sequential aza-Michael addition and free-radical polymerization of amine-acrylate mixtures, as guided in González, thereby achieving Applicant’s claimed shell having containing polyacrylate, hybrid polyacrylate/poly(beta-amino ester), and poly(beta-amino ester) with reasonable expectation of success.
Regarding claim 9, Feng teaches the first multifunctional (meth)acrylate is a tri(meth)acrylate, tetra(meth)acrylate, or penta(meth)acrylate ([0138]).
Regarding claim 10, Feng teaches the first multifunctional (meth)acrylate comprises a multifunctional aromatic urethane acrylate ([0138]).
Regarding claim 11, Feng teaches the second multifunctional (meth)acrylate is diethylene glycol diacrylate, triethylene glycol diacrylate or trimethylolpropane triacrylate ([0138]).
Regarding claim 12, Feng teaches the multifunctional amine is ethylaminoethyl acrylate, ethylaminoethyl methacrylate, aminoethyl acrylate, aminoethyl methacrylate, tertiarybutyl ethylamino acrylate, tertiarybutyl ethylamino methacrylate, tertiarybutyl aminoethyl acrylate, tertiarybutyl aminoethyl methacrylate diethylamino acrylate, diethylamino methacrylate, diethylaminoethyl acrylate, diethylaminoethyl methacrylate, dimethylaminoethyl acrylate or dimethylaminoethyl methacrylate ([0133]).
Regarding claim 13, Feng teaches the free radical initiator is an azo-based initiator ([0162]-[0164]).
Regarding claim 14, Anderson ‘654 teaches and provide guidance for the amine monomer being an ethylenediamine or a piperazine ([0120]).
Regarding claim 15, Feng teaches the azo-based initiator is 2,2′-azobismethylbutyronitrile, 2,2′-azobis (isobutylnitrile), 2,2′-azobis(2,4-dimethylpentane-nitrile), 2,2′-azobis (2,4-dimethylvaleronitrile), 2,2′-azobis(2-methylpropanenitrile), 2,2′-azobis (methylbutyronitrile), 1,1′-azobis (cyclohexanecarbonitrile), or 1,1′-azobis(cyano-cyclohexane) ([0164]).
Regarding claim 16, Feng teaches the microcapsule has a reduced leakage, wherein the leakage is below 30% ([0206] and Table 6).
Regarding claims 27-29, Feng teaches agriculture product containing the microcapsule, wherein the agriculture active is an insect repelling agent ([0215], [0279], and [0328]).
From the teachings of the reference, it is apparent that one of ordinary skill in the art would have had a reasonable expectation of success in producing the claimed invention. Therefore, the invention as a whole was prima facie obvious to one of ordinary skill in the art before the effective filing date of Applicant’s invention, as evidenced by the reference, especially in the absence of evidence to the contrary.
Response to Arguments
Applicant's arguments filed 10/30/2025 have been fully considered but they are not persuasive.
Applicant argues “[t]he formulations of Feng include a PAC component and only possibly include a hybrid PAC/PBAE component. Even then, the hybrid PAC/PBAE component would be formed incidentally and only in amounts and formats that would have little or no positive impact on the resultant microcapsules. Feng does not even possibly disclose, teach, or suggest, however, any formulation that could include PBAE as required by the pending claims.” Applicant goes on to allege that “Feng discloses no embodiment in which a free radical initiator is not present alongside these reactants. See Feng throughout. In this environment, in which the only available amine is present at a much reduced concentration relative to acrylate functionality and free radical initiator is also present, no polymer molecule will form that escapes the formation of some sort of carbon-carbon bond via radical polymerization, as no polymer molecule will form with excess, available amine functionality. These types of polymer molecules would be hybrid PAC/PBAE. PBAE, formed by nitrogen/carbon bonds via Aza-Michael Addition and not by carbon-carbon bonds via radical polymerization, is not possible in such an environment.” Applicant further argues “[n]one of Anderson or Gonzáles remedy the deficiencies of Feng. A POSA would have no reasonable expectation of success in modifying the compositions of Feng to provide greater than the Feng-prescribed relative amount of amine (meth)acrylate or in modifying the conditions under which the amine (meth)acrylate is reacted (e.g., absent the presence of free radical initiators that promote formation of acrylate-acrylate, carbon-carbon linkages). Such modifications would be required for the formation of any PBAE (as distinguished from hybrid PAC/PBAE) in a microcapsule shell. Further, no teaching or motivation exists in any of the references or a POSA's common sense to make such modifications.” (Remarks, pages 12-13).
In response, the Examiner disagrees. It is noted that neither claim 1 nor claim 2 recites any amounts for PAC, PBAE or hybrid PAC/PBAE, much less said claims 1 and 2 recite the absent of the presence of free radical initiators. Thus, Applicant’s arguments focusing said amounts or concentrations, and the absent of the presence of free radical initiators are not pertinent to claims 1 and 2.
It is noted that PAC is well-known in the art to be formed by carbon-carbon bonds via radical polymerization. PBAE is well-known in the art to be formed by nitrogen/carbon bonds via Aza-Michael Addition. PAC/PBAE is well-known in the art to be formed by nitrogen/carbon bonds via Aza-Michael addition and carbon-carbon bonds via radical polymerization. The mechanisms of forming PAC, PBAE, and PAC/PBAE have been taught by Anderson and Gonzáles.
The Examiner maintains the position that the combined teachings of Feng, Anderson and Gonzáles remain to render obvious Applicant’s independent claims 1 and 2.
As discussed above in the 103 rejection, it is maintained that [i]t would have been obvious that the prepolymer containing a first multifunctional acrylate and a multifunctional amine of Feng is a poly(beta-amino ester) or can be formed into a poly(beta-amino ester) because per Anderson ‘654, poly(beta-amino ester) is formed by condensing bis(secondary) amines or primary amines with bis(acrylate ester) (Anderson ‘654: Abstract; [0008]-[0144], [0103]-[0112], 0183], [0189], [0190], [0270]-[0271]), which are the reactants used in forming the prepolymer of Feng, as Feng teaches the multifunctional amine is a primary amine and the multifunctional acrylate includes 1,3 butanediol diacrylate, 1,4-butanediol diacrylate, and 1,6 hexanediol diacrylate (Feng:[0132], [0135], [0138], and [0152]), which are multifunctional acrylate having an α-β-unsaturated carbonyl. Anderson ‘654 further teaches that condensing of bis(secondary) amines or primary amines with bis(acrylate ester) is via polymerization process such as Michael addition, wherein Anderson ‘654 showed that the multifunctional amine is added to a β-carbon of the α-β-unsaturated carbonyl via Michael addition reaction (Anderson ‘654: [0103]-[0112], [0270]-[0271]). The disclosures from Anderson ‘654 is supported by González, in which González established that polymerization via aza-Michael addition is formed from a reaction of amino and acrylate groups (González: Abstract; Introduction; pages 6988-6989 and 6991-6994). Thus, it would have been reasonably obvious that the prepolymer containing a first multifunctional acrylate and a multifunctional amine of Feng is a poly(beta-amino ester) or can be formed into a poly(beta-amino ester) via known polymerization methods in the art including Michael addition per guidance from Anderson ‘654 and González, and achieve Applicant’s claimed poly(beta-amino ester) (PBAE) with reasonable expectation of success. It is further maintained that [i]t would also have been obvious that the shell of the microcapsule of Feng would be a shell containing polyacrylate, hybrid polyacrylate/poly(beta-amino ester), and poly(beta-amino ester) because Feng teaches the shell wall can be a region containing a mixture of the polymer from the oil phase and the polymer from the water phase ([0007], [0064]; claims 13-14). Feng further indicated that it is well-established in the prior art, wall materials for forming the shell/wall of the microcapsules include polyacrylate based materials (Feng: [0505]). Additionally, as discussed above, Feng teaches the microcapsules have two layers and an intermediate region between the two layers, wherein the inner layer contains oil soluble monomers (polyacrylate), intermediate region contains a mixture of the oil soluble monomers and poly(beta-amino ester), and an outer layer containing poly(beta-amino ester) (Feng: [0007], [0064]; claims 13-14). Feng further teaches the shell wall is as a result of the concurrent or sequential polymerization of the wall forming compositions at the interface of the oil and aqueous phases (claims 1 and 11-13).
Thus, it is maintained that [t]here is reasonable predictability and expectation that the shell of the microcapsule of Feng would be a shell containing hybrid polyacrylate/poly(beta-amino ester) upon concurrent or sequential polymerization of the wall forming compositions at the interface of the oil and aqueous phases because Feng teaches one can employ different temperatures for different polymerization steps to regulate the rate of polymerization to better control the formation of the capsule wall and its constituents (Feng: [0168]), and per González, poly(amino ester)-poly(acrylate) is obtained by two-stage sequential aza-Michael addition and free-radical polymerization of amine-acrylate mixtures, in which the first stage reaction is a self-limiting click aza-Michael addition between multifunctional amine and acrylate monomers with an excess of acrylate groups, and the second stage reaction is a photocured radical polymerization of the unreacted acrylate groups (González: Abstract; Introduction; pages 6988-6989 and 6991-6994). González further establishes that during the first stage amino and acrylate groups react through an aza-Michael mechanism to form a partially reacted material and this reactive process proceeds at room temperature, and in the second stage, the photoinitiated free radical polymerization of the excess of acrylic groups, embedded within the material formed in the first stage, results in a crosslinked network that forms poly(amino ester)-poly(acrylate) (González: page 6988).
As such, it is maintained that [g]iven that the shell of Feng is formed by sequential polymerization of the wall forming compositions containing amine-acrylate mixtures at the interface of the oil and aqueous phases, it would have been obvious with reasonable expectation the shell of the microcapsule of Feng would be a shell containing hybrid polyacrylate/poly(beta-amino ester) upon concurrent or sequential polymerization of the wall forming compositions at the interface of the oil and aqueous phases via known methods of two-stage sequential aza-Michael addition and free-radical polymerization of amine-acrylate mixtures, as guided in González, thereby achieving Applicant’s claimed shell having containing polyacrylate, hybrid polyacrylate/poly(beta-amino ester), and poly(beta-amino ester) with reasonable expectation of success.
As a result, for at least the reason discussed above and of record, claims 1, 2, 5-16 and 26-29 remain rejected as being obvious and unpatentable over the combined teachings of Feng, Anderson, and González in the standing 103 rejection as set forth in this office action.
Conclusion
No claim is allowed.
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/DOAN T PHAN/ Primary Examiner, Art Unit 1613