DETAILED ACTION
Summary
This is a non-final office action for application 17/781,067. The amendment dated 16 March 2026 in the RCE dated 27 March 2026 are acknowledged.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection on 27 March 2026. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 16 March 2026 has been entered.
Claim Objections
Claim 13 is objected to because of the following informalities:
In Claim 13, please replace “acrylic either” with “acrylic ether”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claim 14 is 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.
Regarding Claim 14, the phrase "such as" 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). It is not clear whether the listed substituents are the only non-alkyl substituents permitted on the “alkyl groups” recited in the definitions of R4 and R5.
Claim Rejections - 35 USC § 103
Claims 1, 4-6 and 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over RENN (US-20170296442-A1) in view of FIK (WO-2018108948-A1).
Regarding Claim 1, RENN teaches an aqueous dental glass ionomer composition (Abstract). This satisfies the requirement of water. RENN further teaches that its composition contains (B) a water-soluble polymer comprising acidic groups (Abstract), such as carboxylic acid groups ([0038]). RENN exemplifies PAA-IAA (poly-acrylic acid-co-itaconic anhydride) (Table 1) which satisfies the requirement of a polycarboxylic acid. RENN teaches a water-stable, hydrolysis-stable polymerizable crosslinker having at least two polymerizable carbon-carbon double bonds (Abstract). RENN teaches that its crosslinker is preferably an (meth)acrylamide compound ([0240]) and teaches several bisacrylamides which satisfy formula (I) recited by the claim ([0241], [0242]) including preferably N,N'-(2E)-but-2-en-1,4-diallylbis-[(N-prop-2-en-1) amide (BAABE) and N,N'-diethyl-1,3-bisacrylamido-propan (BADEP) which are both disclosed in the specification as exemplary compounds which satisfy formula (I)(cur. spec: Table 1, p. 13 for structure). RENN exemplifies BADEP (Table 1).
RENN teaches that its composition contains (C) a water-soluble, hydrolysis-stable monomer having a single polymerizable double bond ([0012]). RENN teaches that in an embodiment, this monomer may have the following formula (3}([0164]):
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where A# is a single bond or C1-15 linker group ([0164]), R4 is selected from a group which contains hydrogen ([0168]), R5 is selected from a group which contains hydrogen or C1-18 alkyl ([0169]), RENN teaches that G# is -OH or -NR6R*6 where R6 and R*6 are selected from a group which contains hydrogen, C1-18 substituted alkyl where the substitution can be -PO3M or -O-PO3M2 ([0170]) where M can be hydrogen or a metal atom ([0171]). RENN teaches that its (C) monomer according to formula (3) is preferably a (meth)acryl compound where G# is -NR6R*6 ([0177]). This formula (3) definition of the (C) monomer includes (meth)acrylamides having phosphate/phosphonate groups that satisfy the (c) requirement of the claim where A# is a single bond, R4 is hydrogen, R5 is H or methyl, and G# is -N(H)R6 where R6 is substituted with -PO3M (phosphonate) or -O-P-O3M2 (phosphate). RENN does not exemplify a monomer with an phosphate or phosphonate, but it would be obvious to one of ordinary skill in the art at the time of the effective filing date of the current invention to modify he examples of RENN and include a (meth)acrylamide monomer with a phosphonate or phosphate group that satisfies formula (3) above based on the teachings of the specification.
RENN teaches a non-reactive filler ([0297]) which does not undergo a cement reaction with the polyacid polymer ([0298]) which can be an inorganic material, a crosslinked organic material or a composite material ([0300]). RENN teaches that suitable inorganic filler material may be, for example, a glass such as a borosilicate glass ([0300]). RENN does not specifically teach a non-reactive glass-flake filler in an amount of 5-35 wt% as is recited by the claim. FIK, in an invention of a dental composition (Abstract), bisacrylamide monomers such as BAABE (p. 36 last paragraph) and BADEP (p. 37, par. 1), preferably containing a polyacidic polymer (p. 37, par. 3) which can participate in a cement reaction with a reactive glass (p. 37, par 5), teaches the inclusion of a combination of silanated glass flakes (e-2) and other particular glass filler (e-1) (p. 45, par. 2) where the silanated glass flakes are composed of an inert glass (p. 46, par. 6). FIK teaches that its silanated glass flakes are present in an amount of 0.5-40 wt%, preferably 1-30 wt%, more preferably 3-20 wt% (p. 47, par. 5) which largely overlaps the 5-35 wt% recited by the claim. FIK teaches that its silanated glass flake filler provides improved initial gloss compared to conventional compositions which contain glass in the form of spheres or fibers (p. 43, par. 6). It would be obvious to one of ordinary skill in the art at the time of the effective filing date of the current invention to modify the invention of RENN with the teachings of FIK and include a glass flake filler made from inert glass that is within the 0.5-40 wt% taught by FIK that are also within the 5-35 wt% recited by the claim for the purpose of improving the initial surface gloss of the composition.
Regarding Claim 4, modified RENN teaches the invention of Claim 1. RENN teaches that its composition contains an initiator system (Abstract) which can be a photoinitiator, redox or a mixture of the two ([0282]). RENN teaches that ascorbic acid can be a reducing agent of its redox system ([0284]) but does not require ascorbic acid as it teaches other reducing agents including amines, aromatic sulfinic salts, and thioureas ([0284]) and RENN also teaches photoinitiator systems ([0287]). RENN exemplifies a camphorquinone and dimethylamino benzonitrile initiator system (Table 1) which does not contain ascorbic acid.
Regarding Claim 5, modified RENN teaches the invention of Claim 1. RENN teaches that its (C) component monomer can satisfy formula (3)([0164])
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which is not a (meth)acrylate monomer as even if R4 is hydrogen, R5 is H or methyl and A# is a single bond, because RENN teaches that G# is either -OH or -NR6N*6 ([0170]) which would result in either (meth)acrylic acid or an optionally substituted (meth)acrylamide. RENN teaches an optional reactive diluent component which can be a (meth)acrylates ([0313]), but these are not required. RENN does not exemplify a (meth)acrylate monomer (Table 1).
Regarding Claim 6, modified RENN teaches the invention of Claim 1. RENN teaches and exemplifies HEAA (2-hydroxyethyl acrylamide)([0179], Table 1) which satisfies formula (II) where R4=H and R5 is 2-hydroxylethyl. RENN also generally teaches the acrylamide structure for its (C) component (formula 3 in Claim 1 above) where A# can be a single bond and G# can be -NR6R*6 where R6 and R*6 can be alkyl, cycloalkyl, aryl, heteroaryl and may be substituted ([0170]) including substitutions with COOM groups or OH groups ([0176]) where M is hydrogen or metal. RENN teaches many specific acrylamides which satisfy the claim (see structures between [0179] and [0180]). RENN teaches examples which contain multiple (C) monomers with a single polymerizable double bond (Table 1, acrylic acid and HEAA), so a composition which includes both the (C) (meth)acrylamide monomers containing phosphate/phosphonate groups in the claim 1 rejection and the (C) acrylamide monomers recited in Claim 6 is within the teaching of RENN.
Regarding Claim 8, modified RENN teaches the invention of Claim 1 where RENN teaches several bisacrylamides which satisfy formula (I) recited by the claim ([0241], [0242]) including preferably N,N'-(2E)-but-2-en-1,4-diallylbis-[(N-prop-2-en-1) amide (BAABE) and N,N'-diethyl-1,3-bisacrylamido-propan (BADEP). RENN exemplifies BADEP (Table 1). RENN also generally teaches structures which include N,N'-dimethyl-,3-bis(acrylamido)-propane (p. 16, col 2, 2nd structure).
Regarding Claim 9, modified RENN teaches the invention of Claim 1. RENN further teaches that its composition contains a reactive particulate glass (Abstract).
Regarding Claim 10, modified RENN teaches the invention of Claim 1 where RENN teaches the inclusion of a water-soluble polymer containing acidic groups (Abstract). RENN teaches that its polymer with acidic groups can be formed from itaconic acid, (meth)acrylic acid, maleic acid ([0068]) and includes a general teaching which allows for other unsaturated dicarboxylic acids such as mesoconic, fumaric, glutaconic and citraconic acids ([0069]-[0072]). RENN exemplifies PAA-IAA, a copolymer of acrylic acid and itaconic acid anhydride (Table 1).
Regarding Claim 11, modified RENN teaches the invention of Claim 1. RENN further teaches that its composition may further comprise (F) a non-reactive filler which does not undergo a cement reaction with the polyacid polymer ([0298]) and teaches that such filler can be added for changing the appearance, controlling the viscosity, further improving mechanical strength or for imparting radiopacity ([0299]). RENN does not exemplify a non-reactive filler but it would be obvious to modify the examples of RENN and include a non-reactive filler based on the teachings of the specification.
Regarding Claim 12, modified RENN teaches the invention of Claim 1. RENN teaches that its composition contains an initiator system (Abstract) which can be a photoinitiator, redox or a mixture of the two ([0282]).
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over RENN (US-20170296442-A1) in view of FIK (WO-2018108948-A1) as applied to Claim 1 above, and further in view of TAKEI (US-20150094392-A1).
Regarding Claim 2, modified RENN teaches the invention of Claim 1 above. RENN teaches that its (C) component is water-soluble and hydrolysis stable and having a single polymerizable double bond ([0160]). RENN teaches (meth)acrylamide monomers that can have a phosphate or phosphonic group, but does not specifically teach (meth)acryloyl functional monomers with phosphate groups like the ones recited by the claim. TAKEI, in an invention of a water-based dental adhesive (Abstract) which may contain (b-2) bisacrylamides which satisfy formula (I) of Claim 1 ([0036],[0096]) and (b-1) acrylamides which satisfy Claim 6 ([0031], [0091]) and may contain fluoroaluminosilicate glass filler ([0073]), teaches that its composition contains a phosphoric acid group-containing monofunctional (meth)acrylate compound (Abstract). TAKEI teaches that (meth)acrylate compounds having a phosphoric acid group have good adhesive properties to a tooth structure ([0027]). TAKEI teaches the use of the phosphoric acid containing monomer in conjunction with the (b-1) acrylamide and (b-2) bisacrylamide provides good adhesive properties to enamel and dentin while obtaining high storage stability ([0026]). The teaching of high storage stability suggests that the phosphoric acid-containing monomer is hydrolysis stable. TAKEI teaches many of the specific phosphoric acid-containing monomers which are recited by the claim including 2-(meth)acryloyloxyethyl dihydrogen phosphate, 2-(meth)acryloyloxyethylphenyl hydrogen phosphate, 6-(meth)acryloyloxyhexyl dihydrogen phosphate (MHP), 10-(meth)acryloyloxydecyl dihydrogen phosphate (MDP) ([0028]). TAKEI exemplifies MDP and MHP ([0085], [0086], Table 1 and 4). It would be obvious to one of ordinary skill in the art at the time of the effective filing date of the current invention to modify the invention of RENN with the teachings of TAKEI and use a phosphorus-acid-group containing monofunctional (meth)acrylate compound as its water-soluble hydrolysis stable component due to its high storage stability and good adhesive properties to enamel and dentin.
Regarding Claim 3, modified RENN teaches the invention of Claim 2, where TAKEI teaches and exemplifies 10-(meth)acryloyloxydecyl dihydrogen phosphate (MDP) ([0028], [0085], Table 1 and 4).
Claims 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over RENN (US-20170296442-A1) in view of TAKEI (US-20150094392-A1), FIK (WO-2018108948-A1) and KOLB (US-20050256223-A1).
Regarding Claim 13, RENN teaches an aqueous dental glass ionomer composition (Abstract). This satisfies the requirement of water. RENN further teaches that its composition contains (B) a water-soluble polymer comprising acidic groups (Abstract), such as carboxylic acid groups ([0038]). RENN exemplifies PAA-IAA (poly-acrylic acid-co-itaconic anhydride) (Table 1) which satisfies the requirement of a polycarboxylic acid. RENN teaches a water-stable, hydrolysis-stable polymerizable crosslinker having at least two polymerizable carbon-carbon double bonds (Abstract). RENN teaches that its crosslinker is preferably an (meth)acrylamide compound ([0240]) and teaches several bisacrylamides which satisfy formula (I) recited by the claim ([0241], [0242]) including preferably N,N'-(2E)-but-2-en-1,4-diallylbis-[(N-prop-2-en-1) amide (BAABE) and N,N'-diethyl-1,3-bisacrylamido-propan (BADEP) which are both disclosed in the specification as exemplary compounds which satisfy formula (I)(cur. spec: Table 1, p. 13 for structure). RENN exemplifies BADEP (Table 1).
RENN teaches that its (C) component is water-soluble and hydrolysis stable and having a single polymerizable double bond ([0160]). RENN teaches (meth)acrylamide monomers that can have a phosphate or phosphonate group (see Claim 1 rejection), but Claim 13 does not recite (meth)acrylamide monomers with phosphate or phosphonate groups and RENN does not specifically teach (meth)acrylate functional monomers with phosphate groups as is recited by the claim. TAKEI, in an invention of a water-based dental adhesive (Abstract) which may contain (b-2) bisacrylamides which satisfy formula (I) of Claim 1 ([0036],[0096]) and (b-1) acrylamides which satisfy Claim 6 ([0031], [0091]) and may contain fluoroaluminosilicate glass filler ([0073]), teaches that its composition contains a phosphoric acid group-containing monofunctional (meth)acrylate compound (Abstract). TAKEI teaches that (meth)acrylate compounds having a phosphoric acid group have good adhesive properties to a tooth structure ([0027]). TAKEI teaches the use of the phosphoric acid containing monomer in conjunction with the (b-1) acrylamide and (b-2) bisacrylamide provides good adhesive properties to enamel and dentin while obtaining high storage stability ([0026]). The teaching of high storage stability suggests that the phosphoric acid-containing monomer is hydrolysis stable. TAKEI teaches many specific phosphoric acid-containing (meth)acrylate monomers ([0028]) and exemplifies 10-(meth)acryloyloxydecyl dihydrogen phosphate (MDP) and 6-(meth)acryloyloxyhexyl dihydrogen phosphate (MHP) ([0085], [0086], Table 1 and 4). It would be obvious to one of ordinary skill in the art at the time of the effective filing date of the current invention to modify the invention of RENN with the teachings of TAKEI and use a phosphorus-acid-group containing monofunctional (meth)acrylate compound as its water-soluble hydrolysis stable component due to its high storage stability and good adhesive properties to enamel and dentin.
RENN teaches a non-reactive filler ([0297]) which does not undergo a cement reaction with the polyacid polymer ([0298]) which can be an inorganic material, a crosslinked organic material or a composite material ([0300]). RENN teaches that suitable inorganic filler material may be, for example, a glass such as a borosilicate glass ([0300]). RENN does not specifically teach a non-reactive glass-flake filler in an amount of 5-35 wt% as is recited by the claim. FIK, in an invention of a dental composition (Abstract), bisacrylamide monomers such as BAABE (p. 36 last paragraph) and BADEP (p. 37, par. 1), preferably containing a polyacidic polymer (p. 37, par. 3) which can participate in a cement reaction with a reactive glass (p. 37, par 5), teaches the inclusion of a combination of silanated glass flakes (e-2) and other particular glass filler (e-1) (p. 45, par. 2) where the silanated glass flakes are composed of an inert glass (p. 46, par. 6). FIK teaches that its silanated glass flakes are present in an amount of 0.5-40 wt%, preferably 1-30 wt%, more preferably 3-20 wt% (p. 47, par. 5) which largely overlaps the 5-35 wt% recited by the claim. FIK teaches that its silanated glass flake filler provides improved initial gloss compared to conventional compositions which contain glass in the form of spheres or fibers (p. 43, par. 6). It would be obvious to one of ordinary skill in the art at the time of the effective filing date of the current invention to modify the invention of RENN with the teachings of FIK and include a glass flake filler made from inert glass that is within the 0.5-40 wt% taught by FIK that are also within the 5-35 wt% recited by the claim for the purpose of improving the initial surface gloss of the composition.
RENN further teaches that its composition contains a reactive particulate glass (Abstract) and RENN teaches that its water-soluble polymer is reactive with the particulate glass component in a cement reaction ([0011]) but RENN does not teach a kit comprising its dental composition in two parts. KOLB, in an invention of an ionomer application for dental applications (Abstract) which comprises a polyacid, an acid reactive filler, water and an optional polymerizable component ([0033]), teaches that its composition can be provided as a kit where the contents of the composition are packaged in two components to allow for storage of the components until they are needed. KOLB teaches placing the polyacid component in one part and the acid-reactive filler component in the other part (Claim 28) while water, polymerizable filler and nonreactive filler can be present in either or both parts (Claim 28). This is consistent with the recitation of the claim which has the polyacid in the second part, water in at least the second part, and the polymerizable acrylamide in both parts. Note that TAKEI teaches that its phosphate monomers are storage stable in a composition which allows for fluoroaluminosilicate glass filler ([0073]), which in this case would be the first part as the second part contains the polyacid. It would be obvious to one of ordinary skill in the art at the time of the effective filing date of the current invention to further modify the invention of RENN with the teachings of KOLB and package the composition as a two-component kit with the components split as recited for the purpose of storage of the components until they are needed.
Regarding Claim 14, modified RENN teaches the invention of Claim 13 where RENN teaches that its composition contains a reactive particulate glass (Abstract). RENN teaches several specific aluminofluorosilicate glasses for this component ([0024]). KOLB teaches that the reactive glass is placed in a different component than the polyacid component (Claim 28) which matches what is recited.
RENN teaches and exemplifies HEAA (2-hydroxyethyl acrylamide)([0179], Table 1) which satisfies formula (II) where R4=H and R5 is 2-hydroxylethyl. RENN also generally teaches the acrylamide structure for its (C) component (formula 3 in Claim 1 above) where A# can be a single bond and G# can be -NR6R*6 where R6 and R*6 can be alkyl, cycloalkyl, aryl, heteroaryl and may be substituted ([0170]) including substitutions with COOM groups or OH groups ([0176]) where M is hydrogen or metal. RENN teaches many specific acrylamides which satisfy the claim (see structures between [0179] and [0180]). KOLB teaches that polymerizable material can be placed in either component (Claim 28) which is consistent with what is recited.
Regarding Claim 15, modified RENN teaches the invention of Claim 13 where KOLB teaches the two-component kit. KOLB teaches that water may be present in either or both parts (Claim 28). KOLB teaches that each of the two parts can be supplied as a paste/paste system ([0100]) or a powder-liquid system ([0100]). KOLB exemplifies a paste/paste system ([0084]) which satisfies the claim.
Regarding Claim 16, modified RENN teaches the invention of Claim 14 where RENN teaches an aluminofluorosilicate glass for its reactive particulate glass component ([0024]).
Response to Arguments
Applicant's arguments filed 16 March 2026 have been fully considered but they are not persuasive.
The amendment to Claim 1 and Claim 13 removing the platelet characterization and the size limitation on the glass-flake filler component has overcome the rejection under 35 USC 112(a) that the claimed failed to comply with the written description requirement. These rejections have been withdrawn.
The amendment to Claim 16 addresses a typographical informality. The objection to this claim has been withdrawn.
The rejection under 35 USC 112(b) pertaining to the indefiniteness of “such as” has not been addressed. The rejection to this claim is maintained.
Applicant argues that RENN does not meaningfully teach the phosphorus-containing monomer (c) in a meaningful way and does not include it in its examples and its preference for non-acidic HEAA suggests technical reasons for its inclusion. In response, while RENN does not exemplify a phosphorus-containing monomer, this does not negate a finding of obviousness under 35 USC 103 since a preferred embodiment such as an example is not controlling. Rather, all disclosures "including unpreferred embodiments" must be considered. In re Lamberti 192 USPQ 278, 280 (CCPA 1976) citing In re Mills 176 USPQ 196 (CCPA 1972). Therefore, it would have been obvious to one of ordinary skill in the art to utilize a phosphorus-containing monomer given that RENN teaches one. Note that the rejection uses the (C) monomer as taught by RENN to teach in the phosphorus-containing monomer. RENN exemplifies a mixture of acrylic acid and HEAA for this component, so RENN does not have an issue with monomers of this component potentially being acidic.
Applicant argues that Claim 13 rejection is based on four references and one would not be motivated to teach the flake filler of FIK, the acryloyl phosphate monomers of TAKEI and the kit configuration principles of KOLB into the resin modified glass ionomer composition taught by RENN. In response, RENN generally teaches water-soluble and hydrolysis stable monomers which can be (meth)acrylamide monomers having phosphate or phosphonate groups, TAKEI makes obvious the inclusion of (meth)acryloyl monomers having phosphate or phosphonate groups for the purpose of providing good adhesive properties to a teeth structure. RENN generally teaches non-reactive filler which can be glass, FIK makes obvious the inclusion of glass flake filler in the recited amounts, as opposed to sphere-shaped or fiber shaped filler, for the purpose improving the surface glass of the composition. Note that with the removal of the size limitation, FIK is now only used to teach an amount and shape of the non-reactive filler. RENN teaches that its water-soluble polymer is reactive with its particulate glass in a cement reaction, KOLB is used for the general principle that reactive components are to be stored in separate parts to improve the storage life of the composition before use, which is well known in the art. This teaching is demonstrated more in the rejection of Claim 14 where the reactive filler component is placed in a separate part from the polycarboxylic acid. The fact that KOLB is flexible when considering the placement of non-reactive components in its two-part composition is also demonstrated by the rejection of Claim 14 where non-reactive filler in recited in each part.
Applicant argues unexpected results, that its inventive examples containing the claimed combination of phosphorus-containing monomers and bisacrylamide show higher dentin bond strength than comparative examples which lack this combination. In response, RENN generally teaches compositions that already have a high adhesive strength to dentin, with a strength of at least 5 MPA, but RENN does not measure this quantity it its examples. TAKEI is used to make obvious the inclusion of phosphorus-containing (meth)acrylate monomers, teaches that good adhesive properties are obtained ([0026]) by its combination of phosphoric-acid-group-containing (meth)acrylate monomer is combined with a mono-functional (meth)acrylamide and a crosslinkable (meth)acrylic monomer, that is exemplified by bisacrylamides such as BAAP, MBAA, BAAE and BAAH ([0096]-[0100]). TAKEI obtains adhesive strengths to dentin of 18-23 MPa (Table 1) its exemplary compositions which contain a combination of phosphoric-acid containing monomer and bisacrylamide monomer (Table 1). So, the effects of the combination of phosphoric acid monomers and bisacrylamide monomers is known in the prior art and would not be unexpected to the skilled user.
Conclusion
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/D.R.F./Examiner, Art Unit 1764
/KREGG T BROOKS/Primary Examiner, Art Unit 1764