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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/24/2025 has been entered.
Election/Restrictions
Currently amended claim 20 is directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
This application contains claims directed to the following patentably distinct species:
A binder system comprising:
(i) at least one (meth)acrylate-based polymer wherein the at least one (meth)acrylate-based polymer consisting only of (meth)acrylate ester units; or
(ii) at least one triglyceride fraction having a fatty acid distribution of at least 5 wt% of one or more Ω-3 fatty acids and/or one or more Ω-6 fatty acids; and at least one vulcanizing agent.
The species are independent or distinct because each identified species has mutually exclusive characteristics. In addition, these species are not obvious variants of each other based on the current record.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claim 20 is withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Claims 1-14, and 16-21 are currently pending with claim 15 being cancelled. Claims 16-18, and 20 have been withdrawn from consideration as being directed to a non-elected invention. Claims 1-14, 19 and 21 are rejected.
The rejection over LeStarge in view of Devry and Kohlstrung has been maintained.
New ground of rejection is made in view of new combination of Kohlstrung, Devry and Monnet.
Claim Rejections - 35 USC § 112
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 1-14, 19 and 21 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.
Support for an expansion greater than 40 vol% is not found in the specification of the claimed invention. However, the expansion greater than 80 vol% is fully supported by the Applicant’s disclosure (paragraph 156).
As indicated in paragraph 3 of the specification of the claimed invention, in order to suppress the formation of bubbles, the prior art water-based system contains a very small amount of a blowing agent, resulting in an expansion rate of up to 40%. Nothing in that paragraph describes that the thermally expandable preparation of the claimed invention experiences an expansion ratio greater than 40%.
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.
Claims 1-14, 19 and 21 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.
The foam generated from physical blowing agent comprising expandable polymeric microspheres typically contains bubbles or closed cells; it is illogical for the foam to exist without them.
In view of the Applicant’s disclosure, the foam is free of bubbles formed by water evaporation. The foam contains bubbles derived from expandable polymeric microspheres. However, it is unclear which bubbles are not included in the foam structure. Appropriate correction is required.
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.
Claims 1-11, 13, 14 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over US 2004/0211934 to LeStarge (hereinafter “LeStarge”) in view of US 7,875,656 to deVry (hereinafter “deVry”) and US 2018/0215887 to Kohlstrung et al. (hereinafter “Kohlstrung”).
As to claims 1, 7-10, and 21, LeStarge discloses an aqueous coating composition comprised of at least one polymer, at least one inorganic filler, expandable microspheres and water (paragraph 15). The polymer includes a methacrylate-based copolymer formed from butyl acrylate and styrene and/or acrylonitrile (paragraphs 7 and 22). The expandable microspheres comprise small diameter polymeric shells which encapsulate one or more volatile substances such as light hydrocarbons and halocarbons (paragraph 6). The expandable microspheres read on the claimed expandable hollow plastic microspheres. The aqueous coating composition is a spray coating (paragraph 17). This is a clear indication that the aqueous coating is pumpable. The coating composition comprises 0.5 to 5 wt% of expandable microspheres (paragraph 15).
LeStarge teaches the coating composition including a polysaccharide (paragraph 11).
LeStarge does not explicitly disclose the aqueous coating composition comprising (i) an (meth)acrylate polymer consisting of (meth)acrylate monomers, (ii) at least two different polysaccharides, (iii) the foam free of bubbles and having an expansion greater than 40 vol%.
Devry, however, discloses a foamable sealant composition obtained from a composition comprising a latex polymer, a blowing agent, water, a rheology modifier and a foam stabilizer (abstract). The latex polymer comprises at least two (meth)acrylate polymers having different glass transition temperatures (column 4, lines 50-60). One of the latex polymers is available under the trade name LipacrylTM MB-3640 from Rohm and Haas Company, which was acquired by Dow Chemical Company in 2009.
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The LipacrylTM MB-3640 latex binder contains 100% acrylic monomers.
The blowing agent comprises a chemical blowing agent, and expanded microspheres (column 5, lines 55-60). The expandable microspheres containing a gas encapsulated by a thermoplastic polymer shell corresponding to the claimed expandable hollow plastic microspheres (column 7, lines 25-30). The foamable sealant composition is pumpable (column 7, lines 5-10).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the butyl acrylate and styrene and/or acrylonitrile copolymer disclosed in LeStarge with a latex binder consisting of 100% acrylic monomer from DeVry because the butyl acrylate/styrene/acrylonitrile copolymer and the 100% acrylic polymer have been shown in the art to be recognized equivalent polymeric binders for foamable coating compositions and the selection of these known equivalents to be used as polymeric binders for the foamable coating compositions will be within the level of the ordinary skill in the art.
Kohlstrung, however, discloses a thermally expandable composition containing at least one peroxide, at least one peroxide cross-linking polymer, at least one polysaccharide, and at least one endothermic, chemical blowing agent (abstract). The at least one polysaccharide includes at least two celluloses, at least two starches or a combination of celluloses and starches wherein the at least one polysaccharide is present in an amount of 0.1 to 20 wt% (paragraphs 22, 48 and 50). The two polysaccharides exhibit different gelation temperatures, both gelation temperatures exceeding 40oC (paragraph 48). The starch includes a phosphated starch, an acetylated starch, and a hydroxypropyl-modified starch (paragraphs 30, 31 45, and 46). The hydroxypropyl-modified starch reads on the claimed at least one hydroxylated starch. The starch further includes native starch such as tapioca starch (paragraph 27) which can absorb and swell in cold water. The tapioca starch reads on the claimed cold-swelling starch.
The starch does not negatively affect expansion behavior of the coating composition, but rather may improve it. As a matter of fact, using the starch significantly improves adhesion and the degree to which expansion is maintained after storage (paragraph 23).
Kohstrung also discloses that the thermally expandable composition exhibits an expansion rate of more than 80% (paragraphs 161).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include in the aqueous coating composition of LeStarge at least two different starches from Kohlstrung motivated by the desire to significantly improve adhesion and degree to which expansion is maintained after storage.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form the aqueous coating composition of LeStarge having an expansion rate in the range instantly claimed, motivated by the desire to enhance surface appearance, improved sound or vibration damping properties.
Turning to the Applicant’s disclosure, the combination of two starches and a physical blowing agent in the aqueous formulation ensures that the formation of bubbles formed by water evaporation can be suppressed.
The combined teachings of LeStarge and Kohstrung result in a coating composition comprising two different starches and the physical blowing agent. Therefore, the examiner takes the position that the formation of bubbles derived from the water evaporation would be eliminated from the resulting foam structure.
As to claim 2, LeStarge discloses that the polymer further comprises a styrene-butadiene copolymer corresponding to the claimed thermoplastic elastomer (paragraphs 7 and 19).
As to claim 3, LeStarge discloses that the methacrylate-based polymer is present in an amount of 13.1% by weight (example 5).
26.54 x 40% = 10.6%
5.05 x 50%= 2.5%
10.6% + 2.5% = 13.1%
As to claims 4 and 5, LeStarge discloses that the expandable microspheres comprise small diameter polymeric shells which encapsulate one or more volatile substances such as light hydrocarbons and halocarbons (paragraph 6). The polymeric shell is comprised of polyvinylidene chloride copolymers or acrylonitrile/methacrylate copolymers (paragraph 6).
As to claim 6, LeStarge discloses that the expandable microspheres are present in an amount of 0.8 to 3 wt% (paragraph 15).
As to claim 11, LeStarge discloses that the water is present in amount of 12 to 25 wt% (paragraph 15). This overlaps the claimed range.
In the case, where the claimed ranges overlap or touch the range disclosed by the prior art a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257,191 USPQ90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990), In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997). The claim is not rendered unobvious because discovering the optimum or workable ranges involves only routine skill in the art. Difference in the water content will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such the water content is critical or provides unexpected results.
As to claim 13, LeStarge discloses that the aqueous coating composition further includes one or more colorants, antioxidants and inorganic fillers (paragraphs 8, 12 and 13).
As to claim 14, LeStarge discloses that the dispersed polymer includes two acrylic resins having different monomer compositions to provide the desired Tg characteristics (paragraph 7). One of the acrylic resins reads on the claimed second polymer. LeStarge discloses that the aqueous coating composition comprises 13.1 wt% of at least one acrylic polymer, and 2.0 wt% of the expandable microspheres.
DeVry teaches that the foamable sealant composition comprises at least one acrylic polymer consisting of 100% acrylate monomers.
Kohlstrung discloses a thermally expandable composition containing at least one peroxide, at least one peroxide cross-linking polymer, at least one polysaccharide, and at least one endothermic, chemical blowing agent (abstract). The at least one polysaccharide includes at least two celluloses, at least two starches or a combination of celluloses and starches, in an amount of 0.1 to 20 wt% (paragraphs 22, 48 and 50). The two polysaccharides exhibit different gelation temperatures, both gelation temperatures exceeding 40oC (paragraph 48).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the methacrylate-based copolymer comprising butyl acrylate and styrene and/or acrylonitrile disclosed in LeStarge with a latex binder consisting of 100% acrylic monomer from DeVry because the butyl acrylate/styrene/acrylonitrile copolymer and the 100% acrylic polymer have been shown in the art to be recognized equivalent polymeric binders for foamable coating compositions and the selection of these known equivalents to be used as polymeric binders for the foamable coating compositions will be within the level of the ordinary skill in the art.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include in the aqueous coating composition of LeStarge at least two starches having different gelation temperatures, both gelation temperatures exceeding 40oC, from Kohlstrung motivated by the desire to significantly improve adhesion and degree to which expansion is maintained after storage.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over LeStarge in view of DeVry and Kohlstrung, as applied to claim 1 above, further in view of CN 109535979 A to Shen et al. (hereinafter “Shen”).
LeStarge discloses an aqueous coating composition comprising graphite particles (paragraph 8). LeStarge does not explicitly disclose a particle size of the graphite particles.
Shen, however, discloses that a sound insulation coating is obtained from a composition comprising:
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Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add graphite particles having a particle size in a range of 45 to 75 microns from Shen in the coating composition of LeStarge as modified by DeVry and Kohlstrung, motivated by the desire to enhance the coating’s ability to absorb sound waves. The graphite particles with that particle size can create more surface area and improve the interaction with sound waves, leading better sound attenuation.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over LeStarge in view of DeVry and Kohlstrung, as applied to claim 1 above, further in view of US 2011/0024933 to Monnet et al. (hereinafter “Monnet”).
None of the cited references: LeStarge, DeVry and Kohlstrung disclose or suggest the aqueous coating composition comprising a wax.
Monnet, however, discloses a thermally expandable composition for sealing, filling voids in mobile components, comprising a polymer, a latent blowing agent and a wax (abstract, and paragraph 56). The latent blowing agent comprises a physically blowing agent, and a chemical blowing agent wherein the physically blowing agent comprises expandable hollow microspheres which are based on polyvinylidene chloride copolymer or acrylonitrile/(meth)acrylate copolymer and contain encapsulated hydrocarbons (paragraph 52).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a wax from Monnet in the aqueous coating composition disclosed in LeStarge motivated by the desire to provide great water repellent and anti-sagging properties.
Response to Arguments
Applicant alleges that LeStarge in view of deVry and Kohlstrung does not render the claim obvious because the combination of the cited references fails to teach the thermally expandable composition forming a foam free of bubbles and having an expansion greater than 40 vol%.
The examiner respectfully disagrees.
Turning to the Applicant’s disclosure, the combination of two starches and a physical blowing agent in the thermally expandable composition ensures that the formation of bubbles formed by water evaporation can be suppressed.
The combined teachings of LeStarge and Kohstrung result in a coating composition comprising two different starches and the physical blowing agent. Therefore, the examiner takes the position that the formation of bubbles derived from the water evaporation would be eliminated from the resulting foam structure.
Kohstrung discloses that the thermally expandable composition exhibits an expansion rate of more than 80% (paragraphs 161).
There is a motivation to combine the teachings of LeStarge, Kohstrung and Devry, a prima facie case of obviousness is said to exist. Accordingly, the rejection over LeStarge in view of Kohstrung and Devry has been maintained.
As to claim 10, Applicant asserts that Kohlstrung fails to disclose a cold-swelling starch.
The examiner respectfully disagrees.
As indicated in paragraph 27, the starch includes tapioca starch which can absorb and swell in cold water, allowing it to thicken mixtures without the need for heating. The tapioca starch reads on the claimed cold-swelling starch.
Claims 1, 2, 4-11, 13, 14, 19, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Kohlstrung in view of deVry and US 2011/0024933 to Monnet et al. (hereinafter “Monnet”).
As to claims 1, 4-6, 14 and 21, Kohlstrung discloses a thermally expandable composition for sealing, filling voids in mobile components, comprising at least one peroxide crosslinking polymer, at least one peroxide, at least one polysaccharide, and at least one endothermic, chemical blowing agent (abstract). The at least one peroxide cross-linking polymer comprises an ethylene vinyl acetate (EVA) copolymer, a glycidyl methacrylate (GMA) /ethylene butyl acrylate (EBA) terpolymer, and an ethylene-acrylic acid ester-GMA terpolymer comprising methyl acrylate content of 24 wt% and GMA content of 8 wt% (paragraphs 161 and 162). During an expansion process, the chemical blowing agent decomposes to release CO2 and water (paragraph 52). The thermally expandable composition is prepared by mixing polymers, fillers to form a homogeneous dough, indicating that water is essential for the formation of the dough (paragraph 152). The thermally expandable composition has an expansion rate of 551% (formula 1) within the claimed range.
The at least one polysaccharide includes at least two celluloses, at least two starches or a combination of celluloses and starches wherein the at least one polysaccharide is present in an amount of 0.1 to 20 wt% (paragraphs 22, 48 and 50). The two polysaccharides exhibit different gelation temperatures, both gelation temperatures exceeding 40oC (paragraph 48). The starch includes a phosphated starch, an acetylated starch, and a hydroxypropyl-modified starch (paragraphs 30, 31 45, and 46). The hydroxypropyl-modified starch reads on the claimed at least one hydroxylated starch. The starch further includes native starch (paragraph 27) such as tapioca starch which can absorb and swell in cold water. The tapioca starch reads on the claimed cold-swelling starch.
The starch does not negatively affect expansion behavior of the coating composition, but rather may improve it. As a matter of fact, using the starch significantly improves adhesion and the degree to which expansion is maintained after storage (paragraph 23).
Kohlstrung does not explicitly disclose the thermally expandable composition (i) comprising at least one physically blowing agent, (ii) at least one binder comprising at least one (meth)acrylate-based polymer which consists only of (meth)acrylate ester unit, and (iii) forming a foam free of bubbles.
Monnet, however, discloses a thermally expandable composition for sealing, filling voids in mobile components, comprising a polymer, and a latent blowing agent (abstract). The latent blowing agent comprises a physically blowing agent and chemical blowing agent wherein the physically blowing agent comprises expandable hollow microspheres which are based on polyvinylidene chloride copolymer or acrylonitrile/(meth)acrylate copolymer and contain encapsulated hydrocarbons (paragraph 52). The latent blowing agent is present in an amount of 5 to 20 wt% of the thermally expandable composition (paragraph 50).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a physically blowing agent from Monnet in combination with the chemical blowing agent disclosed in Kohstrung motivated by the desire to promote uniform foaming properties while providing a high level of compressive strength.
Devry, however, discloses a foamable sealant composition obtained from a composition comprising 63 wt% of a latex polymer, a blowing agent, water, a rheology modifier and a foam stabilizer (abstract). The latex polymer comprises at least two (meth)acrylate polymers having different glass transition temperatures (column 4, lines 50-60). One of the latex polymers is available under the trade name LipacrylTM MB-3640 from Rohm and Haas Company, which was acquired by Dow Chemical Company in 2009.
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The LipacrylTM MB-3640 latex binder contains 100% acrylic monomers.
The blowing agent comprises a chemical blowing agent, and expanded microspheres (column 5, lines 55-60). The expandable microspheres containing a gas encapsulated by a thermoplastic polymer shell corresponding to the claimed expandable hollow plastic microspheres (column 7, lines 25-30). The foamable sealant composition is pumpable (column 7, lines 5-10).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the Lypacryl MB-3640 latex binder disclosed in Devry with other polymers disclosed in Kohlstrung, motivated by the desire to enable acoustic performance of the thermally expandable composition at varying use temperatures.
Turning to the Applicant’s disclosure, the combination of two starches and a physical blowing agent in the aqueous formulation ensures that the formation of bubbles derived from the evaporated water can be suppressed.
The combined teachings of Kohstrung and Monnet result in a thermally expandable composition comprising two different starches and the physical blowing agent. Therefore, the examiner takes the position that the formation of bubbles derived from the evaporated water would be eliminated from the resulting foam structure.
As to claim 2, Kohstrung discloses that the thermally expandable composition comprises a peroxidically crosslinkable polymer (paragraph 12).
As to claims 7-10, Kohstrung discloses that the thermally expandable composition comprises at least one polysaccharide wherein the at least one polysaccharide includes at least two celluloses, at least two starches or a combination of celluloses and starches, the at least one polysaccharide present in an amount of 0.1 to 20 wt% (paragraphs 22, 48 and 50). The two polysaccharides exhibit different gelation temperatures, both gelation temperatures exceeding 40oC (paragraph 48). The starch includes a phosphated starch, an acetylated starch, and a hydroxypropyl-modified starch (paragraphs 30, 31 45, and 46). The hydroxypropyl-modified starch reads on the claimed at least one hydroxylated starch. The starch further includes native starch such as tapioca starch (paragraph 27) which can absorb and swell in cold water. The tapioca starch reads on the claimed cold-swelling starch.
The starch does not negatively affect expansion behavior of the coating composition, but rather may improve it. As a matter of fact, using the starch significantly improves adhesion and the degree to which expansion is maintained after storage (paragraph 23). The thermally expandable composition can be shaped intermediately after it has been prepared by injection molding (paragraph 139). The ability to inject the thermally expandable composition at high pressure indicates that it has a suitable viscosity and flow properties that allow it to move through a narrow opening such as a pump. Hence, the thermally expandable composition is pumpable.
As to claim 11, Kohlstrung does not explicitly disclose the thermally expandable composition comprising 1 to 20 wt% water based on the total mass of the thermally expandable composition.
Devry, however, discloses a foamable sealant composition obtained from a composition comprising a latex polymer, a blowing agent, water, a rheology modifier and a foam stabilizer (abstract). The water is present in an amount of 6.5 wt% based on the total mass of the foamable sealant composition (table 1).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add the water in the thermally expandable composition disclosed in Kohlstrung in the amount in the range instantly claimed, motivated by the desire to enhance the mixing and handling of the material.
As to claim 13, Kohlstrung discloses that the thermally expandable composition further includes fillers and dye pigments (paragraph 112).
As to claim 19, Kohlstrung does not explicitly disclose the thermally expandable composition comprising a wax.
Monnet, however, discloses a thermally expandable composition for sealing, filling voids in mobile components, comprising a polymer, a latent blowing agent and a wax (abstract, and paragraph 56). The latent blowing agent comprises a physically blowing agent, and a chemical blowing agent wherein the physically blowing agent comprises expandable hollow microspheres which are based on polyvinylidene chloride copolymer or acrylonitrile/(meth)acrylate copolymer and contain encapsulated hydrocarbons (paragraph 52).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a wax from Monnet in the aqueous coating composition of Kohlstrung, motivated by the desire to provide great water repellent and anti-sagging properties.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Kohlstrung in view of DeVry and Monnet, as applied to claim 1 above, further in view of Shen.
Kohlstrung discloses a thermally expandable composition comprising graphite particles (paragraph 114). Kohlstrung does not explicitly disclose the graphite particles having a particle size of 20-200 microns.
Shen, however, discloses that a sound insulation coating is obtained from a composition comprising:
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Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add graphite particles having a particle size in a range of 45 to 75 microns from Shen in the thermally expandable composition of Kohlstrung, motivated by the desire to enhance the coating’s ability to absorb sound waves. The graphite particles with that particle size can create more surface area and improve the interaction with sound waves, leading better sound attenuation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hai Vo whose telephone number is (571)272-1485. The examiner can normally be reached M-F: 9:00 am - 6:00 pm with every other Friday off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alicia Chevalier can be reached on 571-272-1490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Hai Vo/
Primary Examiner
Art Unit 1788