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 .
Formal Matters
Applicant’s response in the reply filed on 05 February 2026 are acknowledged and have been fully considered. Claims 1-12 and 19-26 are pending. Claims 1, 3, 7, 9, 11-12, 19-24, and 26 are under consideration in the instant office action. Claims 2, 4-6, 8, 10, and 25 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Claims 13-18 are canceled.
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 06 June 2024 and 02 February 2022 are noted and the submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the examiner has considered the references. Signed copies are attached herein.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Election/Restrictions
Applicant's election of Group I (claims 1-12 and 19-26) in the reply filed on 08 May 2025 is acknowledged. Applicant’s election of species of fragrance as the lipophilic active principle type; mixture of ethyl polysilicate, tris{3-(trimethoxysilyl)propy1} isocyanurate and 3-mercaptopropyltrimethoxysilane as the specific silane an/or silicate monomer or olidgomer; melamine-carbamate resin as the specific melamine resin; hexamethylene diisocyanate isocyanate as the specific isosyanate; animal gelatin as the specific gelatin; rice protein as the specific water soluble plant protein; a sodium salt of a copolymer of acrylic and methacrylic acid with carboxymethylcellulose as the specific polyacid; and glutaraldehyde as the specific coacervate crosslinking agent in the replies filed on 08 May 2025 and 05 February 2026 are also acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claim 1 is objected to because of the following informalities: Claim 1 recites in lines 4-6 “(i) addition to a lipophilic phase, containing at least one active principle, of at least one silane and/or silicate monomer or oligomer, at least one melamine resin and at least one isocyanate, to form a mixture A,”. For consistency and clarity reasons the term “of” after the term “principle” should be removed. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: Claim 1 recites in lines 4-6 “(i) addition to a lipophilic phase, containing at least one active principle, of at least one silane and/or silicate monomer or oligomer, at least one melamine resin and at least one isocyanate, to form a mixture A,”. For consistency and clarity reasons, a comma should be added after “at least one melamine resin”. Appropriate correction is required.
Claim 22 is objected to because of the following informalities: Claim 22 recites in line 4 “coacervate”. For clarity reasons and providing a proper antecedent, claim 22 should recite “the coacervate” as term is already introduced in claim 1. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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, 3, 7, 9, 11-12, 19-24, and 26 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.
Claim 1 recites the limitation "said microcapsules" in lines 3, 18, and 19. It should be noted that claim 1 in line 1 recites “reservoir-type microcapsules”. There is insufficient antecedent basis for "said microcapsules" in the claim.
Claim 1 recites the limitation "said active principle" in lines 11 and 18. It should be noted that claim 1 in line 4 recites “at least one active principle”. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites in lines 12-13 the limitation “the aqueous continuous phase”. It should be noticed that claim 1 in lines 7-8 recites “an aqueous continuous phase B”. There is insufficient antecedent basis for “the aqueous continuous phase” in the claim.
Claim 1 recites in line 15 the limitation “the co-crosslinking”. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites in lines 15-16 the limitation “at the interface of said droplets”. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites in lines 15-16 “said droplets”. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites in line 16 “the gelatin-based”. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites in line 16 “plant protein-based”. There is insufficient antecedent basis for this limitation in the claim.
In claim 1 the preamble introduces “a lipophilic active principle” (singular and limited to lipophilic materials), while step I refers to “at least one active principle” without the “lipophilic” qualifier. It is unclear whether the “active principle” in step I must be (or is the same as) the “lipophilic active principle” recited in the preamble. A person of ordinary skill in the art cannot reasonably determine the metes and bounds of the claim-e.g., whether non-lipophilic actives are permitted in the lipophilic phase, whether multiple actives are allowed (some lipophilic and some not), or if the terms refer to the identical component. This ambiguity creates confusion as to the scope of permissible cores.
In claim 1 the recitation “at least one active principle” lacks clear antecedent basis tying it definitively to the “lipophilic active principle” in the preamble. The claim does not specify if they are coextensive, if the lipophilic phase may contain additional non-lipophilic actives, or how any differences affect the process steps (e.g., enclosure in the shell or copolymer formation). Without explicit clarification, the claim fails to particularly point out and distinctly claim the invention.
The term “lipophilic” is a relative term which is dependent on partition coefficient, solubility parameters, or specific solvents), and the claim provides no guidance on measurement standards or thresholds. This even makes the claim further indefinite when read in light of the varying recitations.
Regarding claim 1, the phrase "such as" in line 12 renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 1 read in relevant parts “a first silicone/melamine/polyurethane” (claim 1 line 11). However, claim 1 also recites "" at least one active principle, of at least one silane and/or silicate monomer or oligomer, at least one melamine resin and at least one isocyanate" (claim 1, lines 4-6)" (line 6), which with the broadest claim interpretation encompasses multiple silane and/or silicate monomer or oligomer, melamine resin, and isocyanate. Because of the multiplicity (i.e., at least one silane and/or silicate monomer or oligomer, at least one melamine resin and at least one isocyanate), it is unclear whether the singular reference, i.e., " a first silicone/melamine/polyurethane" are intended to refer to just one, more than one, or all of the silane and/or silicate monomer or oligomer, melamine resin, and isocyanate respectively i.e., do the further limitations apply to just one, more than one or all of the silane and/or silicate monomer or oligomer, melamine resin, and isocyanate respectively.
Claim 1 read in relevant parts “said active principle” (claim 1 lines 11 and 18). However, claim 1 also recites "at least one active principle" (claim 1, line 4)", which with the broadest claim interpretation encompasses multiple active principles. Because of the multiplicity (i.e., a at least one active principle), it is unclear whether the singular reference, i.e., "said active principle" is intended to refer to just one, more than one, or all of the active principles i.e., do the further limitations apply to just one, more than one or all of the active principles.
Claim 1 read in relevant parts “the gelatin based and/or plant protein based” (line 16). However, claim 1 also recites "at least one gelatin an/or at least one water-soluble plant protein" (lines 8-9)", which with the broadest claim interpretation encompasses multiple gelatin and/or water-soluble plant protein. Because of the multiplicity (i.e., at least one gelatin an/or at least one water-soluble plant protein) entails, it is unclear whether the singular reference, i.e., " the gelatin based and/or plant protein based" is intended to refer to just one, more than one, or all of the gelatin and/or water-soluble plant protein i.e., do the further limitations apply to just one, more than one or all of the gelatin and/or water-soluble plant protein.
Claim 2 read in relevant parts “the polyacid” (line 1). However, claim 1 recites "at least one polyacid" (line 9)", which with the broadest claim interpretation encompasses multiple polyacid. Because of the multiplicity (i.e., a at least one polyacid) entails, it is unclear whether the singular reference, i.e., " the polyacid" is intended to refer to just one, more than one, or all of the polyacid.
Claim 3 read in relevant parts “the silane and/or silicate monomer or oligomer”, “the melamine resin”, and “the isocyanate”, respectively (lines 3-5). However, claim 1 recites “at least one silane and/or silicate monomer or oligomer”, “at least one melamine resin”, and “at least one isocyanate”, respectively, which with the broadest claim interpretation encompasses multiple silane and/or silicate monomer or oligomer, melamine resin, and isocyanate, respectively. Because of the multiplicity (i.e., “at least one silane and/or silicate monomer or oligomer”, “at least one melamine resin”, and “at least one isocyanate”, respectively) entail, it is unclear whether the singular reference, i.e., “the silane and/or silicate monomer or oligomer”, “the melamine resin”, and “the isocyanate”, respectively are intended to refer to just one, more than one, or all of the silane and/or silicate monomer or oligomer, melamine resin, and isocyanate, respectively.
Claim 7 read in relevant parts “the melamine” (line 1). However, claim 1 recites "at least one melamine resin" (line 5)", which with the broadest claim interpretation encompasses multiple melamine resin. Because of the multiplicity (i.e., at least one melamine resin) entails, it is unclear whether the singular reference, i.e., " the melamine" is intended to refer to just one, more than one, or all of the polyacid.
Claims 2 and 21 recite in line 1 “the polyacid” respectively. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites in line 3-4 “the silane and/or silicate monomer or oligomer”. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites in line 4 “the melamine resin ”. There is insufficient antecedent basis for this limitation in the claim.
Claims 3 recites in line 5 “the isocyanate”. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites in line 1 “the melamine”. There is insufficient antecedent basis for this limitation in the claim.
Claim 22 recites in line 1 “gelatin and/or plant protein”. It should be noticed that claim 1 which claim 22 indirectly depend from recite “at least one gelatin and/or at least one water-soluble plant protein”. There is insufficient antecedent basis for this limitation in the claim.
Claim 26 recites in line 1 “said gelatin”. It should be noticed that claim 1 recites “at least one gelatin”. There is insufficient antecedent basis for this limitation in the claim.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 7 recites the broad recitation “a liposoluble melamine-aldehyde or melamine-carbamate” and the claim also recites “preferably a melamine-carbamate” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 9 recites the broad recitation “at pH of between 3.0 and 5.5” and the claim also recites “preferably between 3.5 and 4.5” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 12 recites “wherein step (i) is performed at room temperature (15-25 ºC),”. First it is unclear if the recitation in parenthesis is a required limitation or not. Second, as conventionally known in the art in scientific context room temperature is often standardized at 25 ºC. Applicant’s recitation of (15-25 ºC) as room temperature is in contradiction of the standardized scientific consensus. Appropriate clarification is needed.
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.
Note: The claims are examined with respect to the elected species stated above.
Claims 1, 3, 7, 9, 11-12, 19-24, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Green et al. (US Patent No. 2,800,457) in view of Haber (US 2016/0325259, IDS reference 02/02/2022) and Dardelle (WO 2018/002214).
Applicants’ claims
Applicants claim a process for manufacturing reservoir-type microcapsules containing a lipophilic active principle comprising the steps recited in the claim. Dependent claims thereof recite additional features.
Determination of the Scope and Content of the Prior Art
(MPEP 2141.01)
Green et al. teach complex coacervation microencapsulation of lipophilic /oil materials (see abstract). Green et al. teach dissolving gelatin or similar hydrophilic colloid in water; emulsifying lipophilic core (oil containing active/dye/medicine) therein to form oil-in-water (O/W) emulsion/dispersion of oil droplets (col.6, lines 55-60, col.7, lines 55-57, col.2, lines 65-70—oils may contain dissolved/dispersed materials). Green et al. teach adding second colloid solution (e.g., gum Arabic an anionic polyacid/polysaccharide); adjust pH to acidinc range (e.g., 4.5) or dilute to induce complex coacervation, depositing coacervate around oil droplets to form initial wall (col. 3, lines 1-50, col.6, lines 10-15, col.7,lines 65-70, col.8, lines 40-50-pH adjustment or dilution to bring into coacervation region, opposite charges on gelatin (positive below pH 8) and gum Arabic (negative charges). Green et al. teach cooling gelate the coacervate to 0-10 degree centigrade or room temperature after initial higher temperature (col.6, line 20-25, col.8, lines 1-5-lowering the temperature to 10 degree centigrade poured into water at 0 degree centigrade. Green et al. teach hardening/crosslinking the coacervate wall (e.g., with formaldehyde at alkaline pH, often with cooling) to insolubilize and form stable microscopic capsules ; resulting aqueous suspension or dried product (col.5, lines 20-25, col.7, lines 70-75, col.8, lines 1-5—formaldehyde addition, pH to 9-11, stand at low temperature -3 degree centigrade or lower to harden the capsules. The examiner notes that based on the above teachings Green et al. teach reservoir type microscopic capsules with oil core enclosed in gelled complex colloid wall (col.2, lines 50-55). The examiner notes that the above teachings of Green et al. cover core elements of steps (ii), (iii), (iv-cooling +crosslinking at low temp), and (v) including acidic pH coacervation of gelatin and polyacid(Gum Arabic) around lipophilic droplets and low temperature processing and hardening.
Ascertainment of the Difference Between Scope of the Prior Art and the Claims
(MPEP 2141.02)
Green et al. do not specifically teach dispersion leading to initiate the formation of a first silicone/melamine/polyurethane copolymer enclosing said active principle; co-crosslinking of the coacervate with the forming copolymer to form a hybrid wall of at least two covalently bonded polymers; the inclusion of optional protective colloid and plant protein alternative as recited steps II and III; optional introduction of a protective colloid such as cellulose derivatives; and the precise process integration and product as recited in steps I-V leading to the specific reservoir type microcapsules with the claimed hybrid co-crosslinked wall (covalently bonded polymers from the specific precursors + coacervate). These deficiencies are cured by the teachings of Habar.
Habar teaches process for manufacturing reservoir microcapsules containing an active principle in a polymer shell comprising the steps of: (iii) dispersion of a lipophilic active principle in an aqueous continuous phase, forming an oil-in-water emulsion, (iv) introduction into the lipophilic phase of one or more compounds A bearing alkoxysilane groups, (v) introduction into the aqueous phase of amine-containing organic monomers B comprising at least one group selected from melamine, urea, glycoluril, benzoguanamine or dicyandiamide groups and one or more aldehydes, or pre-polymers thereof and (vi) hydrolysis and polymerization, in situ, of the compounds A and B in an acid medium to give a silicone polymer and an amine-containing polymer, bonded together by polar, hydrogen or covalent bonds, forming the wall of the shell of the microcapsules, containing the active principle. Microcapsules containing a lipophilic active agent, the double-walled shell of which is formed from two polymers, one being a silicone copolymer, the other an amine-containing organic polymer, and use of these microcapsules in formulations comprising surfactants (see abstract). A process for manufacturing reservoir mircocapsules of the type containing an active ingredient in a polymer-based envelope comprising the steps of:
(i) dispersing at least one lipophilic active ingredient in an aqueous continuous phase, so as to form an emulsion or a dispersion of droplets of the oil-in-water type and
(ii) polymerizing at least one precursor of the polymer in situ at the periphery of said droplets to form the wall of the envelope of the microcapsules, enclosing the active ingredient,
wherein the polymerization step (ii) is preceded by the introduction of one or more, compounds A bearing alkoxysilane groups into the lipophilic phase and the introduction of aminated organic monomers B into the aqueous phase, comprising at least one group selected from melamine, urea, glycoluril, benzoguanamine, or dicyandiamide groups and one or more aldehydes, and/or prepolymers thereof, compounds A and B then being hydrolyzed and condensed in an acid medium to a silicone polymer and an aminated organic polymer, bound together by polar, hydrogen or covalent bonds, making up the wall of the envelope of the microcapsules (see claim 1). The process as claimed in claim 1, wherein the two polymers silicone and aminated organic, are formed simultaneously by acid catalysis at a pH between 2 and 6 (see claim 2). The process as claimed in claim 1, wherein the two polymers, silicone and animated organic, are formed simultaneously by acid catalysis at a pH between 3 and 5, by adding at least one acid comprising nitric acid to the oil-in-water emulsion or dispersion (see claim 3). The process as claimed in claim 1, wherein the aminated organic prepolymer is a melamine-formaldehyde and/or urea-formaldehyde resin (see claim 4). The process as claimed in claim 1, wherein the aldehyde used for manufacturing the aminated organic prepolymer is selected from acetaldehyde, glyoxal, glutaraldehyde, or a mixture thereof, and/or one or more acetals of these aldehydes (see claim 5). The process as claimed in claim 1, wherein the aminated organic polymer is copolymerized with aliphatic or aromatic hydroxylated monomers and/or aromatic aldehydes (see claim 6). The process as claimed in claim 1, wherein the compound or compounds A bearing alkoxysilane functions is/are selected from the compounds of formula (I) or (II) below:
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in which R1, R2, R3, R4, R5, R6, R7, R8, R9 are substituted or unsubstituted, linear or cyclic alkyl radicals, R is an organic and/or silicone molecule, the groups between { } being joined to R by a silicon atom and are present m, n, or p times, and m, n, p may be zero individually, but the sum m+n+p is at least equal to 1 (see claim 7). The process as claimed in claim 7, wherein the compound of formula (II) is selected from methyl polysilicate, ethyl polysilicate or a mixture thereof (see claim 8). The process as claimed in claim 1, wherein the silicone polymer represents from 5 to 95%, preferably from 10 to 90%, more preferably from 15 to 85%, of the total weight of the polymers forming the wall of the microcapsule (see claim 9). Microcapsules prepared by the process as claimed in claim 1, comprising a silicone polymer and an aminated organic polymer, bound together by polar, hydrogen or covalent bonds, making up the wall of the envelope of the microcapsules (see claim 10). The microcapsules as claimed in claim 10, containing an odorous molecule, such as a perfume, as active ingredient (see claim 11). Haber teaches on paragraph 0048 some interesting monomers are mentioned below as nonlimiting examples, including: acrylic silanes: acryloxypropyltrimethoxysilane, methacryloxypropyltrimethoxysilane, gamma-methacryloxypropylmethyl dimethoxy- or diethoxysilane, silanes bearing thiol groups or sulfur atoms: mercaptopropylmethyl dimethoxysilane, bis-{3-(triethoxysilyl)propyl} polysulfide, bis-{3-(triethoxysilyl)propyl} disulfide, 3-octanoylthio-1-propyl triethoxysilane,
aminated silanes: 3-aminopropyltriethoxy- or methoxysilane, N-(n-butyl)-3-aminopropyl trimethoxy- or ethoxysilane, N-aminoethyl-3-aminopropylmethyl dimethoxysilane, N-aminoethyl-3-aminopropyl trimethoxy- or triethoxysilane, 3-aminopropylmethyl diethoxysilane, N-phenylaminopropyl trimethoxysilane, 2-aminoethylaminopropyl trimethoxysilane, 2-aminoethylaminopropylmethyl dimethoxysilane, anilinopropyl trimethoxysilane, gamma-[N-(beta-aminoethyl)amino] propylmethyl dimethoxysilane, 4-amino-3,3-dimethylbutyl trimethoxysilane, 4-amino-3,3-dimethylbutylmethyl dimethoxysilane, bis-{gamma-(trimethoxysilyl)propyl}amine, N-ethyl-gamma-aminoisobutyl trimethoxysilane, 3-ureidopropyl triethoxysilane, hexamethyldisilazane, alkylene oxide trimethoxysilane, Tris-{3-(trimethoxysilyl)propyl} isocyanurate, bis(triethoxysilyl)ethane.
Regarding the nature of the molecule of the silicate (II) type that may be used alone or combined with the silicone structure, the monomers and prepolymers of the silicic ester type Si(OR′)4 (in which R′ has the same meaning as the groups described above) also give good results, in particular the methyl and/or ethyl polysilicates, which are very commonly used and are inexpensive, and have the particular feature that they are very lipophilic and therefore do not diffuse in the aqueous phase even when they are completely hydrolyzed (paragraph 0062). According to an advantageous embodiment of the process of the present invention, the compound of formula (II) is therefore selected from methyl polysilicate, ethyl polysilicate or a mixture thereof (paragraph 0063). Haber teaches in example 5 Preparation of the Silicone Prepolymer: The following are mixed in a beaker protected from oxygen and moisture (circulation of dry nitrogen): 0.1 mole of HMDI (hexamethylene diisocyanate), i.e. 16.8 g and 0.2 mole of MTMO (gamma-mercaptopropyl trimethoxysilane), i.e. 39.8 g. The whole is mixed and maintained at 60° C. for 10 h and then cooled to room temperature (20° C. to 25° C.). for encapsulation 111 g of “Blue wave perfumed expressions” perfume is mixed so as to obtain a transparent solution with 8.5 g of the silicone prepolymer prepared previously in 1) and 14.8 g of ethyl polysilicate TES 40 from Wacker, This mixture will constitute the lipophilic internal phase of the microcapsules. he following were put in a 500-cm3 beaker maintained at 45° C., with stirring:130 g of tap water, 1 g of hydroxyethylcellulose (250M of Aqualon), 2 g of Lupasol PA 140 (BASF), 2.7 g of melamine powder, 5.95 g of 40% glyoxal, 1.16 g of 50% glutaraldehyde, and 6 g of 20% nitric acid. The stirrer is equipped with a propeller with 5 straight blades with a diameter of 6 cm. The stirring speed is increased to 1600 rev/min and then the mixture prepared previously from the “Blue wave” perfume is emulsified in the aforesaid aqueous mixture. The pH is then 3.8. The temperature is maintained at 45° C. for 2h and then raised to 50° C. for 1 h, during which time the stirring speed is set at 1800 rev/min so as to obtain an average diameter of 10 μm, then it is decreased to 1300 rev/min. 0.5 g of Fixapret NF (BASF) is then added. The temperature is maintained at 50° C. for 1 h, and then raised to 80° C. for 6 h for complete polymerization of the 2 layers of polymers of the envelope of the microcapsules. The emulsion is then cooled to 30° C. Then the pH is slowly increased again to 7.0 with potash lye. the microcapsules obtained have hermeticity performance comparable to the standard melamine-formaldehyde microcapsules but have a level of formaldehyde of 0 ppm and greater resistance to surfactants (see paragraphs 0133-0152). The so-called silicone polymer and the organic polymer then form the composite double wall of the envelope of the microcapsule in very variable proportions. The interesting effects obtained notably on the possible level of residual formaldehyde, on the hermeticity and on the resistance to surfactants, occur when the silicone polymer represents advantageously from 5 to 95%, preferably from 10 to 90%, more preferably from 15 to 85%, of the total weight of the polymers forming the wall of the microcapsule (paragraph 0070). The weight ratio of the wall to the contents of the microcapsules may vary widely, for example between 5 and 50%, preferably between 10 and 30%, more preferably between 15 and 20%. If this ratio is too low, the wall is thin, porous and lacks mechanical strength and chemical resistance. If the ratio corresponding to the wall is too great (for example above 50%) the microcapsules are too solid, and can no longer release the active substance. Moreover, they are too expensive as they require a large amount of polymers (paragraph 0086). The final dispersion of the microcapsules in the water of the reaction mixture generally contains from 30 to 50% of active substance contained within the microcapsules; it can be diluted or concentrated by the usual means, or else dried to be available in the form of a pulverulent powder (in this case the concentration of active substance may reach about 80%) (paragraph 0087).
Green et al. and Habar do not specifically teach the cellulose derivative such as carboxymethyl cellulose and the elected hexamethylene diisocyanate isocyanurate. These deficiencies are cured by Dardelle.
Dardelle teaches a method for making a core-composite shell microcapsule slurry for the delivery of hydrophobic active ingredients such as fragrance components of perfume oils. The method includes forming an outer shell by coacervation surrounding an internal phase which contains the hydrophobic active ingredient; and forming an inner shell by interfacial polymerization at the interface between the internal phase and the outer shell. The internal phase contains the hydrophobic active ingredient. The microcapsules are typically incorporated in a consumer product wherein the composite shell prevents the hydrophobic active ingredient from release until desired, generally during use of the consumer product (see abstract). Dardelle teaches in claim 1 a process for making a core-composite shell microcapsules slurry, which comprises:
(i) providing as a dispersion in an aqueous vehicle, a hydrophobic internal phase comprising at least one polyisocyanate having at least three isocyanate functional groups and a hydrophobic active ingredient, ;
(ii) mixing a first and second polyelectrolytes in the aqueous vehicle under conditions sufficient to form a suspension of complex coacervate nodules;
(iii) depositing the complex coacervate nodules at an interface of the aqueous vehicle adjacent to the hydrophobic internal phase to form an outer shell of microcapsule, wherein the hydrophobic internal phase forms the core and contains the polyisocyanate and the hydrophobic active ingredient therein; and
(iv) providing conditions sufficient to induce interfacial polymerization of the polyisocyanate inside the outer shell to form an inner shell at the interface between the internal phase and the outer shell to form a core- composite shell microcapsule slurry,
characterized in that no amine or polyamine susceptible to polymerize with the polyisocyanate to form the inner shell is added at any stage of the process. The process according to claim 1, wherein the pH of the microcapsule slurry obtained in step (iv) is not adjusted above 7 (claim 2). The process according to claim 1 or 2, wherein no amount of other water-soluble reactant than an amine or polyamine susceptible to polymerize with the polyisocyanate is added at any stage of the process, said water-soluble reactant being chosen in the group consisting of polyols, thiols, ureas, urethanes, and mixtures thereof (claim 3). The process according to any one of claims 1 to 3, characterized in that the first polyelectrolyte is gelatin and the second polyelectrolyte is selected from the group consisting of carboxymethyl cellulose, sodium carboxymethyl guar gum, xanthan gum and plant gums (claim 4). The process according to any one of claims 1 to 5, characterised in that the at least one polyisocyanate having at least three isocyanate functional groups is present in an amount comprised between 0.1 and 30 wt% of the hydrophobic internal phase (see claim 6). The process according to any one of claims 1 to 6, characterized in that the at least one polyisocyanate having at least three isocyanate functional groups is an aromatic polyisocyanate (see claim 7). The process according to any one of the preceding claims, characterized in that the hydrophobic active ingredient is selected from the group consisting of a perfume, a flavor, nutraceuticals, cosmetics, insect control agents, biocide actives and mixtures thereof, preferably a perfume or flavor (see claim 8). According to another embodiment, said polyisocyanate is an aliphatic polyisocyanate. The term "aliphatic polyisocyanate" is defined as a polyisocyanate which does not comprise any aromatic moiety. Preferred aliphatic polyisocyanates are a trimer of hexamethylene diisocyanate, a trimer of isophorone diisocyanate, a trimethylol propane-adduct of hexamethylene diisocyanate (available from Mitsui Chemicals) or a biuret of hexamethylene diisocyanate (commercially available from Bayer under the tradename Desmodur® N 100), among which a biuret of hexamethylene diisocyanate is even more preferred.
According to another embodiment, said at least one polyisocyanate is in the form of a mixture of at least one aliphatic polyisocyanate and of at least one aromatic polyisocyanate, both comprising at least two or three isocyanate functional groups, such as a mixture of a biuret of hexamethylene diisocyanate with a trimethylol propane-adduct of xylylene diisocyanate, a mixture of a biuret of hexamethylene diisocyanate with a polyisocyanurate of toluene diisocyanate and a mixture of a biuret of hexamethylene diisocyanate with a trimethylol propane-adduct of toluene diisocyanate. Most preferably, it is a mixture of a biuret of hexamethylene diisocyanate with a trimethylol propane- adduct of xylylene diisocyanate. Preferably, when used as a mixture the molar ratio between the aliphatic polyisocyanate and the aromatic polyisocyanate is ranging from 80:20 to 10:90. According to an embodiment, the at least one polyisocyanate used in the process of the invention is present in amounts representing preferably from 0.1 to 30wt%, preferably 0.5 to 15 wt%, more preferably from 1 to 10 wt% and even more preferably from 2 to 8 wt% of the hydrophobic internal phase. According to a particular embodiment, the hydrophobic internal phase essentially consists of the hydrophobic active ingredient with the at least one polyisocyanate having at least three isocyanate functional groups. The volume of the inner shell typically represents 0.1 to 99%, preferably 0.1 to 80% of the total volume of the shell. According to another embodiment, said at least one polyisocyanate is in the form of a mixture of at least one aliphatic polyisocyanate and of at least one aromatic polyisocyanate, both comprising at least two or three isocyanate functional groups, such as a mixture of a biuret of hexamethylene diisocyanate with a trimethylol propane-adduct of xylylene diisocyanate, a mixture of a biuret of hexamethylene diisocyanate with a polyisocyanurate of toluene diisocyanate and a mixture of a biuret of hexamethylene diisocyanate with a trimethylol propane-adduct of toluene diisocyanate. Most preferably, it is a mixture of a biuret of hexamethylene diisocyanate with a trimethylol propane- adduct of xylylene diisocyanate. Preferably, when used as a mixture the molar ratio between the aliphatic polyisocyanate and the aromatic polyisocyanate is ranging from 80:20 to 10:90. According to an embodiment, the at least one polyisocyanate used in the process of the invention is present in amounts representing preferably from 0.1 to 30wt%, preferably 0.5 to 15 wt%, more preferably from 1 to 10 wt% and even more preferably from 2 to 8 wt% of the hydrophobic internal phase.
Finding of Prima Facie Obviousness Rational and Motivation
(MPEP 2142-2143)
It would have been prima facie obvious to a person of ordinary skill before the effective filing date of the instant invention to modify the teachings of Green et al. by initiating the formation of a first silicone/melamine/polyurethane copolymer enclosing said active principle; co-crosslinking of the coacervate with the forming copolymer to form a hybrid wall of at least two covalently bonded polymers; the inclusion of optional protective colloid and plant protein alternative as recited in steps II and III; optional introduction of a protective colloid such as cellulose derivatives; and the precise process integration and product formation as recited in steps I-V leading to the specific reservoir type microcapsules with the claimed hybrid co-crosslinked wall (covalently bonded polymers from the specific precursors + coacervate) because Habar teaches process for manufacturing reservoir microcapsules containing an active principle in a polymer shell comprising the steps of: (iii) dispersion of a lipophilic active principle in an aqueous continuous phase, forming an oil-in-water emulsion, (iv) introduction into the lipophilic phase of one or more compounds A bearing alkoxysilane groups, (v) introduction into the aqueous phase of amine-containing organic monomers B comprising at least one group selected from melamine, urea, glycoluril, benzoguanamine or dicyandiamide groups and one or more aldehydes, or pre-polymers thereof and (vi) hydrolysis and polymerization, in situ, of the compounds A and B in an acid medium to give a silicone polymer and an amine-containing polymer, bonded together by polar, hydrogen or covalent bonds, forming the wall of the shell of the microcapsules, containing the active principle. Microcapsules containing a lipophilic active agent, the double-walled shell of which is formed from two polymers, one being a silicone copolymer, the other an amine-containing organic polymer, and use of these microcapsules in formulations comprising surfactants (see abstract). A process for manufacturing reservoir mircocapsules of the type containing an active ingredient in a polymer-based envelope comprising the steps of:
(i) dispersing at least one lipophilic active ingredient in an aqueous continuous phase, so as to form an emulsion or a dispersion of droplets of the oil-in-water type and
(ii) polymerizing at least one precursor of the polymer in situ at the periphery of said droplets to form the wall of the envelope of the microcapsules, enclosing the active ingredient,
wherein the polymerization step (ii) is preceded by the introduction of one or more, compounds A bearing alkoxysilane groups into the lipophilic phase and the introduction of aminated organic monomers B into the aqueous phase, comprising at least one group selected from melamine, urea, glycoluril, benzoguanamine, or dicyandiamide groups and one or more aldehydes, and/or prepolymers thereof, compounds A and B then being hydrolyzed and condensed in an acid medium to a silicone polymer and an aminated organic polymer, bound together by polar, hydrogen or covalent bonds, making up the wall of the envelope of the microcapsules (see claim 1). The process as claimed in claim 1, wherein the two polymers silicone and aminated organic, are formed simultaneously by acid catalysis at a pH between 2 and 6 (see claim 2). The process as claimed in claim 1, wherein the two polymers, silicone and animated organic, are formed simultaneously by acid catalysis at a pH between 3 and 5, by adding at least one acid comprising nitric acid to the oil-in-water emulsion or dispersion (see claim 3). The process as claimed in claim 1, wherein the aminated organic prepolymer is a melamine-formaldehyde and/or urea-formaldehyde resin (see claim 4). The process as claimed in claim 1, wherein the aldehyde used for manufacturing the aminated organic prepolymer is selected from acetaldehyde, glyoxal, glutaraldehyde, or a mixture thereof, and/or one or more acetals of these aldehydes (see claim 5). The process as claimed in claim 1, wherein the aminated organic polymer is copolymerized with aliphatic or aromatic hydroxylated monomers and/or aromatic aldehydes (see claim 6). The process as claimed in claim 1, wherein the compound or compounds A bearing alkoxysilane functions is/are selected from the compounds of formula (I) or (II) below:
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in which R1, R2, R3, R4, R5, R6, R7, R8, R9 are substituted or unsubstituted, linear or cyclic alkyl radicals, R is an organic and/or silicone molecule, the groups between { } being joined to R by a silicon atom and are present m, n, or p times, and m, n, p may be zero individually, but the sum m+n+p is at least equal to 1 (see claim 7). The process as claimed in claim 7, wherein the compound of formula (II) is selected from methyl polysilicate, ethyl polysilicate or a mixture thereof (see claim 8). The process as claimed in claim 1, wherein the silicone polymer represents from 5 to 95%, preferably from 10 to 90%, more preferably from 15 to 85%, of the total weight of the polymers forming the wall of the microcapsule (see claim 9). Microcapsules prepared by the process as claimed in claim 1, comprising a silicone polymer and an aminated organic polymer, bound together by polar, hydrogen or covalent bonds, making up the wall of the envelope of the microcapsules (see claim 10). The microcapsules as claimed in claim 10, containing an odorous molecule, such as a perfume, as active ingredient (see claim 11). Haber teaches on paragraph 0048 some interesting monomers are mentioned below as nonlimiting examples, including: acrylic silanes: acryloxypropyltrimethoxysilane, methacryloxypropyltrimethoxysilane, gamma-methacryloxypropylmethyl dimethoxy- or diethoxysilane, silanes bearing thiol groups or sulfur atoms: mercaptopropylmethyl dimethoxysilane, bis-{3-(triethoxysilyl)propyl} polysulfide, bis-{3-(triethoxysilyl)propyl} disulfide, 3-octanoylthio-1-propyl triethoxysilane,
aminated silanes: 3-aminopropyltriethoxy- or methoxysilane, N-(n-butyl)-3-aminopropyl trimethoxy- or ethoxysilane, N-aminoethyl-3-aminopropylmethyl dimethoxysilane, N-aminoethyl-3-aminopropyl trimethoxy- or triethoxysilane, 3-aminopropylmethyl diethoxysilane, N-phenylaminopropyl trimethoxysilane, 2-aminoethylaminopropyl trimethoxysilane, 2-aminoethylaminopropylmethyl dimethoxysilane, anilinopropyl trimethoxysilane, gamma-[N-(beta-aminoethyl)amino] propylmethyl dimethoxysilane, 4-amino-3,3-dimethylbutyl trimethoxysilane, 4-amino-3,3-dimethylbutylmethyl dimethoxysilane, bis-{gamma-(trimethoxysilyl)propyl}amine, N-ethyl-gamma-aminoisobutyl trimethoxysilane, 3-ureidopropyl triethoxysilane, hexamethyldisilazane, alkylene oxide trimethoxysilane, Tris-{3-(trimethoxysilyl)propyl} isocyanurate, bis(triethoxysilyl)ethane.
Regarding the nature of the molecule of the silicate (II) type that may be used alone or combined with the silicone structure, the monomers and prepolymers of the silicic ester type Si(OR′)4 (in which R′ has the same meaning as the groups described above) also give good results, in particular the methyl and/or ethyl polysilicates, which are very commonly used and are inexpensive, and have the particular feature that they are very lipophilic and therefore do not diffuse in the aqueous phase even when they are completely hydrolyzed (paragraph 0062). According to an advantageous embodiment of the process of the present invention, the compound of formula (II) is therefore selected from methyl polysilicate, ethyl polysilicate or a mixture thereof (paragraph 0063). Haber teaches in example 5 Preparation of the Silicone Prepolymer: The following are mixed in a beaker protected from oxygen and moisture (circulation of dry nitrogen): 0.1 mole of HMDI (hexamethylene diisocyanate), i.e. 16.8 g and 0.2 mole of MTMO (gamma-mercaptopropyl trimethoxysilane), i.e. 39.8 g. The whole is mixed and maintained at 60° C. for 10 h and then cooled to room temperature (20° C. to 25° C.). for encapsulation 111 g of “Blue wave perfumed expressions” perfume is mixed so as to obtain a transparent solution with 8.5 g of the silicone prepolymer prepared previously in 1) and 14.8 g of ethyl polysilicate TES 40 from Wacker, This mixture will constitute the lipophilic internal phase of the microcapsules. he following were put in a 500-cm3 beaker maintained at 45° C., with stirring:130 g of tap water, 1 g of hydroxyethylcellulose (250M of Aqualon), 2 g of Lupasol PA 140 (BASF), 2.7 g of melamine powder, 5.95 g of 40% glyoxal, 1.16 g of 50% glutaraldehyde, and 6 g of 20% nitric acid. The stirrer is equipped with a propeller with 5 straight blades with a diameter of 6 cm. The stirring speed is increased to 1600 rev/min and then the mixture prepared previously from the “Blue wave” perfume is emulsified in the aforesaid aqueous mixture. The pH is then 3.8. The temperature is maintained at 45° C. for 2h and then raised to 50° C. for 1 h, during which time the stirring speed is set at 1800 rev/min so as to obtain an average diameter of 10 μm, then it is decreased to 1300 rev/min. 0.5 g of Fixapret NF (BASF) is then added. The temperature is maintained at 50° C. for 1 h, and then raised to 80° C. for 6 h for complete polymerization of the 2 layers of polymers of the envelope of the microcapsules. The emulsion is then cooled to 30° C. Then the pH is slowly increased again to 7.0 with potash lye. the microcapsules obtained have hermeticity performance comparable to the standard melamine-formaldehyde microcapsules but have a level of formaldehyde of 0 ppm and greater resistance to surfactants (see paragraphs 0133-0152). The so-called silicone polymer and the organic polymer then form the composite double wall of the envelope of the microcapsule in very variable proportions. The interesting effects obtained notably on the possible level of residual formaldehyde, on the hermeticity and on the resistance to surfactants, occur when the silicone polymer represents advantageously from 5 to 95%, preferably from 10 to 90%, more preferably from 15 to 85%, of the total weight of the polymers forming the wall of the microcapsule (paragraph 0070). The weight ratio of the wall to the contents of the microcapsules may vary widely, for example between 5 and 50%, preferably between 10 and 30%, more preferably between 15 and 20%. If this ratio is too low, the wall is thin, porous and lacks mechanical strength and chemical resistance. If the ratio corresponding to the wall is too great (for example above 50%) the microcapsules are too solid, and can no longer release the active substance. Moreover, they are too expensive as they require a large amount of polymers (paragraph 0086). The final dispersion of the microcapsules in the water of the reaction mixture generally contains from 30 to 50% of active substance contained within the microcapsules; it can be diluted or concentrated by the usual means, or else dried to be available in the form of a pulverulent powder (in this case the concentration of active substance may reach about 80%) (paragraph 0087). A person of ordinary skill in the art would have been motivated to modify Green et al. by incorporating the hybrid in situ polymerization teachings of Haber. Specifically, it would have been obvious to added silane/silicate compounds to the lipophilic phase and melamine containing monomers /prepolymers to the aqueous phase (or adapt melamine resin into the system) to form a hybrid silicone, polyurethane, plus melamine polymer wall that integrates with (and co-crosslinks to) the protein coacervate, yielding a shell based at least two covalently bonded polymers. This combination provides a predictable improvement in wall properties (e.g., mechanical strength, barrier performance, tunability) while retaining the benefits of coacervation. The isocyanate component (for polyurethane segments in the claimed copolymer is a routine addition or obvious variant as also demonstrated by Haber for the inclusion of hexamethylene diisocyanate in example 5. The optional protective colloid cellulose derivative and plant protein alternatives are obvious optimizations or known substitutes in coacervation processes. Low temperature processing is expressly taught by Green et al. for gelation and hardening. The resulting process would inherently or obviously produce the claimed reservoir type microcapsules with the co-crosslinked hybrid wall in aqueous suspension. One of ordinary skill in the art would have had a reasonable expectation of success in combining Green et al. and Haber and produce the instant invention given the complementary emulsion/coacervation and in situ polymerization techniques in the references. The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) (Claims to a printing ink comprising a solvent having the vapor pressure characteristics of butyl carbitol so that the ink would not dry at room temperature but would dry quickly upon heating were held invalid over a reference teaching a printing ink made with a different solvent that was nonvolatile at room temperature but highly volatile when heated in view of an article which taught the desired boiling point and vapor pressure characteristics of a solvent for printing inks and a catalog teaching the boiling point and vapor pressure characteristics of butyl carbitol.). Furthermore, in the case where the claimed amounts of active and other ingredients, etc.,"overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. 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). Similarly, a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985) Furthermore, differences in concentration or any measurable parameters will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233,235 (CCPA 1955).
It would have been prima facie obvious to a person of ordinary skill before the effective filing date of the instant invention to modify the teachings of Green et al. and Habar et al. by utilizing carboxymethyl cellulose and hexamethylene diisocyanate isocyanurate because Dardelle teaches a method for making a core-composite shell microcapsule slurry for the delivery of hydrophobic active ingredients such as fragrance components of perfume oils. The method includes forming an outer shell by coacervation surrounding an internal phase which contains the hydrophobic active ingredient; and forming an inner shell by interfacial polymerization at the interface between the internal phase and the outer shell. The internal phase contains the hydrophobic active ingredient. The microcapsules are typically incorporated in a consumer product wherein the composite shell prevents the hydrophobic active ingredient from release until desired, generally during use of the consumer product (see abstract). Dardelle teaches in claim 1 a process for making a core-composite shell microcapsules slurry, which comprises:
(i) providing as a dispersion in an aqueous vehicle, a hydrophobic internal phase comprising at least one polyisocyanate having at least three isocyanate functional groups and a hydrophobic active ingredient, ;
(ii) mixing a first and second polyelectrolytes in the aqueous vehicle under conditions sufficient to form a suspension of complex coacervate nodules;
(iii) depositing the complex coacervate nodules at an interface of the aqueous vehicle adjacent to the hydrophobic internal phase to form an outer shell of microcapsule, wherein the hydrophobic internal phase forms the core and contains the polyisocyanate and the hydrophobic active ingredient therein; and
(iv) providing conditions sufficient to induce interfacial polymerization of the polyisocyanate inside the outer shell to form an inner shell at the interface between the internal phase and the outer shell to form a core- composite shell microcapsule slurry,
characterized in that no amine or polyamine susceptible to polymerize with the polyisocyanate to form the inner shell is added at any stage of the process. The process according to claim 1, wherein the pH of the microcapsule slurry obtained in step (iv) is not adjusted above 7 (claim 2). The process according to claim 1 or 2, wherein no amount of other water-soluble reactant than an amine or polyamine susceptible to polymerize with the polyisocyanate is added at any stage of the process, said water-soluble reactant being chosen in the group consisting of polyols, thiols, ureas, urethanes, and mixtures thereof (claim 3). The process according to any one of claims 1 to 3, characterized in that the first polyelectrolyte is gelatin and the second polyelectrolyte is selected from the group consisting of carboxymethyl cellulose, sodium carboxymethyl guar gum, xanthan gum and plant gums (claim 4). The process according to any one of claims 1 to 5, characterised in that the at least one polyisocyanate having at least three isocyanate functional groups is present in an amount comprised between 0.1 and 30 wt% of the hydrophobic internal phase (see claim 6). The process according to any one of claims 1 to 6, characterized in that the at least one polyisocyanate having at least three isocyanate functional groups is an aromatic polyisocyanate (see claim 7). The process according to any one of the preceding claims, characterized in that the hydrophobic active ingredient is selected from the group consisting of a perfume, a flavor, nutraceuticals, cosmetics, insect control agents, biocide actives and mixtures thereof, preferably a perfume or flavor (see claim 8). According to another embodiment, said polyisocyanate is an aliphatic polyisocyanate. The term "aliphatic polyisocyanate" is defined as a polyisocyanate which does not comprise any aromatic moiety. Preferred aliphatic polyisocyanates are a trimer of hexamethylene diisocyanate, a trimer of isophorone diisocyanate, a trimethylol propane-adduct of hexamethylene diisocyanate (available from Mitsui Chemicals) or a biuret of hexamethylene diisocyanate (commercially available from Bayer under the tradename Desmodur® N 100), among which a biuret of hexamethylene diisocyanate is even more preferred.
According to another embodiment, said at least one polyisocyanate is in the form of a mixture of at least one aliphatic polyisocyanate and of at least one aromatic polyisocyanate, both comprising at least two or three isocyanate functional groups, such as a mixture of a biuret of hexamethylene diisocyanate with a trimethylol propane-adduct of xylylene diisocyanate, a mixture of a biuret of hexamethylene diisocyanate with a polyisocyanurate of toluene diisocyanate and a mixture of a biuret of hexamethylene diisocyanate with a trimethylol propane-adduct of toluene diisocyanate. Most preferably, it is a mixture of a biuret of hexamethylene diisocyanate with a trimethylol propane- adduct of xylylene diisocyanate. Preferably, when used as a mixture the molar ratio between the aliphatic polyisocyanate and the aromatic polyisocyanate is ranging from 80:20 to 10:90. According to an embodiment, the at least one polyisocyanate used in the process of the invention is present in amounts representing preferably from 0.1 to 30wt%, preferably 0.5 to 15 wt%, more preferably from 1 to 10 wt% and even more preferably from 2 to 8 wt% of the hydrophobic internal phase. According to a particular embodiment, the hydrophobic internal phase essentially consists of the hydrophobic active ingredient with the at least one polyisocyanate having at least three isocyanate functional groups. The volume of the inner shell typically represents 0.1 to 99%, preferably 0.1 to 80% of the total volume of the shell. According to another embodiment, said at least one polyisocyanate is in the form of a mixture of at least one aliphatic polyisocyanate and of at least one aromatic polyisocyanate, both comprising at least two or three isocyanate functional groups, such as a mixture of a biuret of hexamethylene diisocyanate with a trimethylol propane-adduct of xylylene diisocyanate, a mixture of a biuret of hexamethylene diisocyanate with a polyisocyanurate of toluene diisocyanate and a mixture of a biuret of hexamethylene diisocyanate with a trimethylol propane-adduct of toluene diisocyanate. Most preferably, it is a mixture of a biuret of hexamethylene diisocyanate with a trimethylol propane- adduct of xylylene diisocyanate. Preferably, when used as a mixture the molar ratio between the aliphatic polyisocyanate and the aromatic polyisocyanate is ranging from 80:20 to 10:90. According to an embodiment, the at least one polyisocyanate used in the process of the invention is present in amounts representing preferably from 0.1 to 30wt%, preferably 0.5 to 15 wt%, more preferably from 1 to 10 wt% and even more preferably from 2 to 8 wt% of the hydrophobic internal phase.
One of ordinary skill in the art would have substituted one polyelectrolyte as taught by Green et al. and Habar with carboxymethyl cellulose as they are functionally equivalent in providing the negative charges. One of ordinary skill in the art would have substituted one polyelectrolyte as taught by Green et al. and Habar with hexamethylene diisocyanate isocyanurate because the compound will provide several accessable functional groups for coupling or additional reactions. One of ordinary skill in the art would have had a reasonable expectation of success in combining Green et al., Haber, and Dardelle and produce the instant invention given the complementary emulsion/coacervation and in situ polymerization techniques in the references. The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) (Claims to a printing ink comprising a solvent having the vapor pressure characteristics of butyl carbitol so that the ink would not dry at room temperature but would dry quickly upon heating were held invalid over a reference teaching a printing ink made with a different solvent that was nonvolatile at room temperature but highly volatile when heated in view of an article which taught the desired boiling point and vapor pressure characteristics of a solvent for printing inks and a catalog teaching the boiling point and vapor pressure characteristics of butyl carbitol.). Furthermore, in the case where the claimed amounts of active and other ingredients, etc.,"overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. 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). Similarly, a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985) Furthermore, differences in concentration or any measurable parameters will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233,235 (CCPA 1955).
In light of the forgoing discussion, the Examiner concludes that the subject matter defined by the instant claims would have been obvious within the meaning of 35 USC 103. Therefore, the invention as a whole was prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention, as evidenced by the references, especially in the absence of evidence to the contrary.
Conclusion
No claims are allowed.
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/TIGABU KASSA/Primary Examiner, Art Unit 1619
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