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 .
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.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Narita et al (20090280256).
Narita, abstract, teaches an aqueous metallic coating composition comprising: (A) an aqueous film-forming resin; (B) a curing agent; (C) a phosphoric acid group-containing resin having an acid value of 10 to 200 mg KOH/g.
Narita, paragraph 15 and 16 of the PGPUB, teaches the composition comprising (D) a nitrogen-containing compound and (E) a metallic pigment.
Narita, paragraph 17 of the PGPUB, teaches the aqueous film-forming resin (A) is at least one member selected from the group consisting of a hydroxy-containing acrylic resin (A1) and a hydroxy-containing polyester resin (A2).
Narita, paragraph 233 of the PGPUB, teaches as the metallic pigment (E), an aluminum pigment is especially preferable. There are two kinds of aluminum pigments, i.e., non-leafing aluminum and leafing aluminum, and either can be used herein.
Narita, paragraph 234 of the PGPUB, teaches the metallic pigment (E) preferably has a scale-like shape.
Narita, paragraph 235 of the PGPUB, teaches to improve luster and water resistance, the proportion of the metallic pigment (E) is preferably about 1 to about 60 parts by mass, per 100 parts by mass in total of the aqueous film-forming resin (A) and the curing agent (B).
Narita, paragraph 243 of the PGPUB, teaches examples of thickening agents include cellulose derivative thickening agents such as carboxymethylcellulose, methylcellulose, hydroxyethylcellulose.
Narita, paragraph 250 of the PGPUB, teaches the solids content of the coating composition of the present invention is preferably about 5 to about 40% by mass.
The scale like metallic pigment as taught by Narita reads on a flake effect pigment as claimed in claim 1.
Carboxymethylcellulose as taught by Narita reads on a water dispersible cellulose-based rheology control agent as claimed in claim 1.
Regarding claim 2, Narita, paragraph 18-20 of the PGPUB, teaches the hydroxy-containing acrylic resin (A1) is a core-shell-type water-dispersible acrylic resin (A1’) comprising:
a core copolymer (I) consisting of 0.1 to 30 mass % of a polymerizable unsaturated monomer having two or more polymerizable unsaturated groups per molecule and 70 to 99.9 mass % of a polymerizable unsaturated monomer having one polymerizable unsaturated group per molecule as monomer components; and
a shell copolymer (II) consisting of 5 to 50 mass % of a hydrophobic polymerizable unsaturated monomer, 1 to 40 mass % of a hydroxy-containing polymerizable unsaturated monomer, and 10 to 94 mass % of other polymerizable unsaturated monomer(s) as monomer components; and
Regarding claim 3, Carboxymethylcellulose as taught by Narita reads on a water dispersible cellulose-based rheology control agent as claimed in claim 1.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Narita et al (20090280256) in view of Smillie (20060057392).
Narita, abstract, teaches an aqueous metallic coating composition comprising: (A) an aqueous film-forming resin; (B) a curing agent; (C) a phosphoric acid group-containing resin having an acid value of 10 to 200 mg KOH/g.
Narita, paragraph 15 and 16 of the PGPUB, teaches the composition comprising (D) a nitrogen-containing compound and (E) a metallic pigment.
Narita, paragraph 17 of the PGPUB, teaches the aqueous film-forming resin (A) is at least one member selected from the group consisting of a hydroxy-containing acrylic resin (A1) and a hydroxy-containing polyester resin (A2).
Narita, paragraph 233 of the PGPUB, teaches as the metallic pigment (E), an aluminum pigment is especially preferable. There are two kinds of aluminum pigments, i.e., non-leafing aluminum and leafing aluminum, and either can be used herein.
Narita, paragraph 234 of the PGPUB, teaches the metallic pigment (E) preferably has a scale-like shape.
Narita, paragraph 235 of the PGPUB, teaches to improve luster and water resistance, the proportion of the metallic pigment (E) is preferably about 1 to about 60 parts by mass, per 100 parts by mass in total of the aqueous film-forming resin (A) and the curing agent (B).
Narita, paragraph 243 of the PGPUB, teaches examples of thickening agents include cellulose derivative thickening agents such as carboxymethylcellulose, methylcellulose, hydroxyethylcellulose.
Narita, paragraph 250 of the PGPUB, teaches the solids content of the coating composition of the present invention is preferably about 5 to about 40% by mass.
Carboxymethylcellulose as taught by Narita reads on a water dispersible cellulose-based rheology control agent as claimed in claim 1.
Although the reference teaches metallic pigments, this reference does not teach flake effect pigments.
Smillie teaches a multi layer sheet.
Smillie, paragraph 57 of the PGPUB, teaches pigments that provide flake effect colors, such as aluminum flake, coated mica flakes and various other flake pigments can be used since the extrusion process allows the flakes to orient themselves in parallel to the surface of the sheet material.
It 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 to use flake effect pigments as taught by Smillie as the metallic pigment as taught by the reference above as the flakes are able to orient themselves in parallel to the surface of the sheet material.
Regarding claim 2, Narita, paragraph 18-20 of the PGPUB, teaches the hydroxy-containing acrylic resin (A1) is a core-shell-type water-dispersible acrylic resin (A1’) comprising:
a core copolymer (I) consisting of 0.1 to 30 mass % of a polymerizable unsaturated monomer having two or more polymerizable unsaturated groups per molecule and 70 to 99.9 mass % of a polymerizable unsaturated monomer having one polymerizable unsaturated group per molecule as monomer components; and
a shell copolymer (II) consisting of 5 to 50 mass % of a hydrophobic polymerizable unsaturated monomer, 1 to 40 mass % of a hydroxy-containing polymerizable unsaturated monomer, and 10 to 94 mass % of other polymerizable unsaturated monomer(s) as monomer components; and
Regarding claim 3, Carboxymethylcellulose as taught by Narita reads on a water dispersible cellulose-based rheology control agent as claimed in claim 1.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Narita et al (20090280256) in view of Nelson (20170210826).
Narita, abstract, teaches an aqueous metallic coating composition comprising: (A) an aqueous film-forming resin; (B) a curing agent; (C) a phosphoric acid group-containing resin having an acid value of 10 to 200 mg KOH/g.
Narita, paragraph 15 and 16 of the PGPUB, teaches the composition comprising (D) a nitrogen-containing compound and (E) a metallic pigment.
Narita, paragraph 17 of the PGPUB, teaches the aqueous film-forming resin (A) is at least one member selected from the group consisting of a hydroxy-containing acrylic resin (A1) and a hydroxy-containing polyester resin (A2).
Narita, paragraph 233 of the PGPUB, teaches as the metallic pigment (E), an aluminum pigment is especially preferable. There are two kinds of aluminum pigments, i.e., non-leafing aluminum and leafing aluminum, and either can be used herein.
Narita, paragraph 234 of the PGPUB, teaches the metallic pigment (E) preferably has a scale-like shape.
Narita, paragraph 235 of the PGPUB, teaches to improve luster and water resistance, the proportion of the metallic pigment (E) is preferably about 1 to about 60 parts by mass, per 100 parts by mass in total of the aqueous film-forming resin (A) and the curing agent (B).
Narita, paragraph 241 of the PGPUB, teaches if necessary, the aqueous metallic coating composition of the present invention may contain additives.
Narita, paragraph 243 of the PGPUB, teaches examples of thickening agents include cellulose derivative thickening agents such as carboxymethylcellulose, methylcellulose, hydroxyethylcellulose.
Narita, paragraph 250 of the PGPUB, teaches the solids content of the coating composition of the present invention is preferably about 5 to about 40% by mass.
The scale like metallic pigment as taught by Narita reads on a flake effect pigment as claimed in claim 1.
Although the reference teaches cellulose derivative thickening agents, this reference does not teach the these agents are rheology control agents.
Nelson teaches processes for producing nanocellulose.
Nelson, abstract, teaches the nanocellulose materials may be used as rheology modifiers in many applications.
Nelson, paragraph 27 of the PGPUB, teaches nanocellulose derivatives may be selected from the group consisting of nanocellulose esters, nanocellulose ethers, nanocellulose ether esters, alkylated nanocellulose compounds, cross-linked nanocellulose compounds, acid-functionalized nanocellulose compounds, base-functionalized nanocellulose compounds, and combinations thereof.
Nelson, paragraph 36 of the PGPUB, teaches a biomass-derived rheology modifier containing cellulose nanofibrils, cellulose nanocrystals, or a mixture of cellulose nanofibrils and cellulose nanocrystals.
Nelson, paragraph 220 of the PGPUB, teaches rheology modifiers provided herein may be suitable as additives to improve the durability of paint, protecting paints and varnishes from attrition caused by UV radiation.
It 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 to use a biomass-derived rheology modifier containing cellulose nanofibrils, cellulose nanocrystals, or a mixture of cellulose nanofibrils and cellulose nanocrystals as taught by Nelson as the thickening agent as taught by the reference above as this rheology modifier is suitable as an additive to improve the durability of paint, protecting paints and varnishes from attrition caused by UV radiation.
Alternatively, it 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 to incorporate a biomass-derived rheology modifier containing cellulose nanofibrils, cellulose nanocrystals, or a mixture of cellulose nanofibrils and cellulose nanocrystals as taught by Nelson as an additive as taught by the reference above as this rheology modifier is suitable as an additive to improve the durability of paint, protecting paints and varnishes from attrition caused by UV radiation.
Regarding claim 2, Narita, paragraph 18-20 of the PGPUB, teaches the hydroxy-containing acrylic resin (A1) is a core-shell-type water-dispersible acrylic resin (A1’) comprising:
a core copolymer (I) consisting of 0.1 to 30 mass % of a polymerizable unsaturated monomer having two or more polymerizable unsaturated groups per molecule and 70 to 99.9 mass % of a polymerizable unsaturated monomer having one polymerizable unsaturated group per molecule as monomer components; and
a shell copolymer (II) consisting of 5 to 50 mass % of a hydrophobic polymerizable unsaturated monomer, 1 to 40 mass % of a hydroxy-containing polymerizable unsaturated monomer, and 10 to 94 mass % of other polymerizable unsaturated monomer(s) as monomer components; and
Regarding claim 3, carboxymethylcellulose as taught by Narita reads on a water dispersible cellulose-based rheology control agent as claimed in claim 1.
Further, Nelson, paragraph 27 of the PGPUB, teaches nanocellulose derivatives may be selected from the group consisting of nanocellulose esters, nanocellulose ethers, nanocellulose ether esters, alkylated nanocellulose compounds, cross-linked nanocellulose compounds, acid-functionalized nanocellulose compounds, base-functionalized nanocellulose compounds, and combinations thereof.
An carboxymethyl nanocellulose is considered an acid functionalized nanocellulose compound.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Narita et al (20090280256) in view of Smillie (20060057392) in view of Nelson (20170210826).
Narita, abstract, teaches an aqueous metallic coating composition comprising: (A) an aqueous film-forming resin; (B) a curing agent; (C) a phosphoric acid group-containing resin having an acid value of 10 to 200 mg KOH/g.
Narita, paragraph 15 and 16 of the PGPUB, teaches the composition comprising (D) a nitrogen-containing compound and (E) a metallic pigment.
Narita, paragraph 17 of the PGPUB, teaches the aqueous film-forming resin (A) is at least one member selected from the group consisting of a hydroxy-containing acrylic resin (A1) and a hydroxy-containing polyester resin (A2).
Narita, paragraph 233 of the PGPUB, teaches as the metallic pigment (E), an aluminum pigment is especially preferable. There are two kinds of aluminum pigments, i.e., non-leafing aluminum and leafing aluminum, and either can be used herein.
Narita, paragraph 234 of the PGPUB, teaches the metallic pigment (E) preferably has a scale-like shape.
Narita, paragraph 235 of the PGPUB, teaches to improve luster and water resistance, the proportion of the metallic pigment (E) is preferably about 1 to about 60 parts by mass, per 100 parts by mass in total of the aqueous film-forming resin (A) and the curing agent (B).
Narita, paragraph 243 of the PGPUB, teaches examples of thickening agents include cellulose derivative thickening agents such as carboxymethylcellulose, methylcellulose, hydroxyethylcellulose.
Narita, paragraph 250 of the PGPUB, teaches the solids content of the coating composition of the present invention is preferably about 5 to about 40% by mass.
Although the reference teaches metallic pigments, this reference does not teach flake effect pigments.
Smillie teaches a multi layer sheet.
Smillie, paragraph 57 of the PGPUB, teaches pigments that provide flake effect colors, such as aluminum flake, coated mica flakes and various other flake pigments can be used since the extrusion process allows the flakes to orient themselves in parallel to the surface of the sheet material.
It 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 to use flake effect pigments as taught by Smillie as the metallic pigment as taught by the reference above as the flakes are able to orient themselves in parallel to the surface of the sheet material.
Although the reference teaches cellulose derivative thickening agents, this reference does not teach the these agents are rheology control agents.
Nelson teaches processes for producing nanocellulose.
Nelson, abstract, teaches the nanocellulose materials may be used as rheology modifiers in many applications.
Nelson, paragraph 27 of the PGPUB, teaches nanocellulose derivatives may be selected from the group consisting of nanocellulose esters, nanocellulose ethers, nanocellulose ether esters, alkylated nanocellulose compounds, cross-linked nanocellulose compounds, acid-functionalized nanocellulose compounds, base-functionalized nanocellulose compounds, and combinations thereof.
Nelson, paragraph 36 of the PGPUB, teaches a biomass-derived rheology modifier containing cellulose nanofibrils, cellulose nanocrystals, or a mixture of cellulose nanofibrils and cellulose nanocrystals.
Nelson, paragraph 220 of the PGPUB, teaches rheology modifiers provided herein may be suitable as additives to improve the durability of paint, protecting paints and varnishes from attrition caused by UV radiation.
It 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 to use a biomass-derived rheology modifier containing cellulose nanofibrils, cellulose nanocrystals, or a mixture of cellulose nanofibrils and cellulose nanocrystals as taught by Nelson as the thickening agent as taught by the reference above as this rheology modifier is suitable as an additive to improve the durability of paint, protecting paints and varnishes from attrition caused by UV radiation.
Alternatively, it 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 to incorporate a biomass-derived rheology modifier containing cellulose nanofibrils, cellulose nanocrystals, or a mixture of cellulose nanofibrils and cellulose nanocrystals as taught by Nelson as an additive as taught by the references above as this rheology modifier is suitable as an additive to improve the durability of paint, protecting paints and varnishes from attrition caused by UV radiation.
Regarding claim 2, Narita, paragraph 18-20 of the PGPUB, teaches the hydroxy-containing acrylic resin (A1) is a core-shell-type water-dispersible acrylic resin (A1’) comprising:
a core copolymer (I) consisting of 0.1 to 30 mass % of a polymerizable unsaturated monomer having two or more polymerizable unsaturated groups per molecule and 70 to 99.9 mass % of a polymerizable unsaturated monomer having one polymerizable unsaturated group per molecule as monomer components; and
a shell copolymer (II) consisting of 5 to 50 mass % of a hydrophobic polymerizable unsaturated monomer, 1 to 40 mass % of a hydroxy-containing polymerizable unsaturated monomer, and 10 to 94 mass % of other polymerizable unsaturated monomer(s) as monomer components; and
Regarding claim 3, Carboxymethylcellulose as taught by Narita reads on a water dispersible cellulose-based rheology control agent as claimed in claim 1.
Further, Nelson, paragraph 27 of the PGPUB, teaches nanocellulose derivatives may be selected from the group consisting of nanocellulose esters, nanocellulose ethers, nanocellulose ether esters, alkylated nanocellulose compounds, cross-linked nanocellulose compounds, acid-functionalized nanocellulose compounds, base-functionalized nanocellulose compounds, and combinations thereof.
An carboxymethyl nanocellulose is considered an acid functionalized nanocellulose compound.
Response to Arguments
Applicant's arguments filed 9/8/25 have been fully considered but they are not persuasive.
Applicant argues the Examiner has stated that although Narita discloses “metallic pigments”, the reference does not teach “a flake-effect pigment” (OA, p. 5, penultimate para.). Further, the Examiner has stated that although Narita teaches cellulose derivative thickening agents, the reference does not teach these agents used as rheology control agents (OA, p. 8, 5" para.). The Examiner has asserted that these features would have been obvious over Smillie and Nelson, respectively, but has not explained why these features would have been obvious over Narita.
Examiner respectfully traverses.
It is noted that while Smillie does not disclose all the features of the present claimed invention, Smillie is used as teaching reference, namely an aluminum flake, in order to orient themselves in parallel to the surface of the sheet material, and therefore, it is not necessary for this secondary reference to contain all the features of the presently claimed invention, In re Nievelt, 482 F.2d 965, 179 USPQ 224, 226 (CCPA 1973), In re Keller 624 F.2d 413, 208 USPQ 871, 881 (CCPA 1981). Rather this reference teaches a certain concept, and in combination with the primary reference, discloses the presently claimed invention.
It is noted that while Nelson does not disclose all the features of the present claimed invention, Nelson is used as teaching reference, namely nanocellulose as a rheology modifiers, in order to improve the durability of paint, protecting paints and varnishes from attrition caused by UV radiation, and therefore, it is not necessary for this secondary reference to contain all the features of the presently claimed invention, In re Nievelt, 482 F.2d 965, 179 USPQ 224, 226 (CCPA 1973), In re Keller 624 F.2d 413, 208 USPQ 871, 881 (CCPA 1981). Rather this reference teaches a certain concept, and in combination with the primary reference, discloses the presently claimed invention.
It is also noted that there is no requirement in 35 U.S.C. 103, the MPEP or KSR
International Co. v. Teleflex Inc. that a secondary reference must implicitly or explicitly acknowledge, appreciate or address the need for the solutions offered by a primary
reference. Applicant's argument would improperly restrict the meaning of “obvious”
under 35 U.S.C. 103.
As stated above, the carboxymethylcellulose as taught by Narita reads on a water dispersible cellulose-based rheology control agent as claimed in claim 1.
This logic applies to the rejection of Narita and Narita in view of Smillie.
Regarding the rejection of Narita in view of Nelson, the above states it 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 to use a biomass-derived rheology modifier containing cellulose nanofibrils, cellulose nanocrystals, or a mixture of cellulose nanofibrils and cellulose nanocrystals as taught by Nelson as the thickening agent as taught by the reference above as this rheology modifier is suitable as an additive to improve the durability of paint, protecting paints and varnishes from attrition caused by UV radiation.
Alternatively, it 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 to incorporate a biomass-derived rheology modifier containing cellulose nanofibrils, cellulose nanocrystals, or a mixture of cellulose nanofibrils and cellulose nanocrystals as taught by Nelson as an additive as taught by the reference above as this rheology modifier is suitable as an additive to improve the durability of paint, protecting paints and varnishes from attrition caused by UV radiation.
“the reference above” refers to Narita and therefore there is clear explanation of the motivation and obviousness to combine Nelson with Narita.
The same logic is applied to the rejection of Narita in view of Smillie in view of Nelson.
Applicant argues it is unpredictable that an aqueous paint composition comprising Feature 3 of “(C) a water-dispersible cellulose-based rheology control agent”, in combination with Feature 1 “(A) a water-dispersible hydroxy-containing acrylic resin”, Feature 2 “(B) an aluminum flake pigment”, Feature 4 “the content of the aluminum flake pigment (B) is within a range of 5 to 50 parts by mass, based on 100 parts by mass of the resin solids content of the aqueous paint composition” and Feature 5 “a solids content of 20 to 35 mass%”, would result in a higher flip-flop property compared to a paint composition having other rheology control agents.
Examiner respectfully traverses.
While the Examiner appreciates the applicant’s effort to provide and explain the data to establish unpredictable results, the data is unpersuasive as set forth below.
The data is not commensurate in scope with the scope of the claims.
The data only shows a composition comprising a specific water dispersible hydroxy-containing acrylic resin in a specific amount, a specific aluminum flake pigment in a specific amount, a specific water dispersible cellulose based rheology control agent in a specific amount and a specific solids content.
While the present claims broadly encompass a composition comprising ANY water dispersible hydroxy containing acrylic resin in ANY amount, ANY aluminum flake pigment in the broad range of 5-50 parts by mass, based on 100 parts by mass of the resin solids content, ANY water dispersible cellulose based rheology control agent in ANY amount and a solids content having a broad range of 20-35 mass%.
Additionally, the data does not show using the amount of the aluminum flake pigment and the solids content at the lower end value and at the upper end value (i.e., 5-50 parts; 20-35 mass%).
As set forth in MPEP 716.02(d), whether unexpected results are the result of unexpectedly improved results or a property not taught by the prior art, “objective evidence of nonobviousness must be commensurate in scope with the claims which the evidence is offered to support”. In other words, the showing of unexpected results must be reviewed to see if the results occurred over the entire claimed range, In re Clemens, 622 F.2d 1029, 1036, 206 USPQ 289, 296 (CCPA 1980). Applicants have not provided data to show that the unexpected results do in fact occur over the entire claimed range of 5-50 parts and 20-35 mass%.
It is unclear if the advantageous properties (brilliance) of the claimed invention are due to a specific water dispersible hydroxy-containing acrylic resin in a specific amount, a specific aluminum flake pigment in a specific amount, a specific water dispersible cellulose based rheology control agent in a specific amount and a specific solids content.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US20180258232 teaches a method for making hydrophilic cellulosic nanofibers.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/STEFANIE J COHEN/Examiner, Art Unit 1732 11/10/25