DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/08/2025 has been entered.
Formal Matters
Receipt of Applicant’s response, dated 12/08/2025, is acknowledged.
Claims 1-20 are pending.
Claims 1 and 6 are amended.
Claims 1-5, 12-14, and 18-20 remain withdrawn from consideration as being drawn to a nonelected invention.
Claims 6-11 and 15-17 are under consideration in the instant Office action to the extent of the elected species, i.e., the species of oil (O) is isohexadecane, the species of emulsifying surfactant (S1) is sorbitan isostearate, and the species of emulsifying surfactant (S2) is polyethoxylated sorbitan stearate.
OBJECTIONS/REJECTIONS WITHDRAWN
Claims Objections
The objection to claim 6 set forth in the Office action dated 09/30/2025 is hereby withdrawn in light of Applicant’s amendments to the claims.
Claim Rejections - 35 USC § 103
The obviousness rejection of claims 6-11 and 15-17 over Tabacchi et al in view of Braun et al, Rolland et al, and Kolodynska set forth in the Office action dated 09/30/2025 is hereby withdrawn in favor of the new grounds of rejection below.
Double Patenting
The nonstatutory double patenting rejections over US Patent Nos. 11,639,486, 11,591,549, and 11,643,620 and provisional nonstatutory double patenting rejections over copending US Application Nos. 17/782,887, 17/783,121, 17/783,584, and 17/783,200 set forth in the Office action dated 09/30/2025 are hereby withdrawn in favor of the new grounds of rejection below.
NEW GROUNDS OF OBJECTION/REJECTION
Claim Objections
Claim 6 is objected to because in each of the last two lines of the claim, a space should be added between each recitation of temperature value and the degree sign, e.g., “30°C” should be amended to “30 °C”.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 6-7, 9-10, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Mallo et al (US 8,512,684 B2, published 08/20/2013) in view of Tomlinson et al (EP 3574760 A1, published 12/04/2019).
Mallo et al teach a process for the preparation of an inverse latex of acrylamide-based polymers (See entire document, e.g., Title). The inverse latex can be used in a cosmetic, dermopharmaceutical or pharmaceutical composition, specifically a topical composition, and may be in the form of an emulsion (e.g., Abstract, Col. 8 Lines 7-23).
The process comprises: step a) an aqueous phase containing the monomers and the possible hydrophilic additives is prepared and the pH of the solution is adjusted to less than or equal to 4 and the aqueous phase is emulsified in an organic phase containing the surfactant system of water-in-oil (W/O) type, a mixture consisting of the oil intended to be present in the final composition and of a volatile oil, and the possible hydrophobic additives; [step a2]) the obtained emulsion is transferred into a polymerization reactor and bled from air with nitrogen; step b) the polymerization reaction is initiated by introducing a free-radical initiator being a redox couple, such as the cumene hydroperoxide/sodium metabisulfite couple, into the emulsion formed in step a), and the reaction is then allowed to proceed; step c) the reaction medium from step b) is concentrated by distillation until the said volatile oil has been completely removed; [step d]) when step c) is complete, the emulsifying system of oil-in-water (O/W) type is introduced at a temperature below 50 °C (e.g., Col. Lines 12-27, 34-37, and 42-44, Col. 8 Lines 1-3, Col. 12 Lines 55-57).
The monomers added to the aqueous phase in step a) include powder of 2-methyl-2-[(1-oxo-2-propenyl)amino]-1-propanesulfonic in acid form or partially or totally salified in the form of an alkali metal salt that is mixed with an aqueous solution of acrylamide and optionally a chelating agent and/or crosslinking agent, and optionally one or more neutral monomers other than acrylamide chosen from methacrylamide, diacetoneacrylamide, N-isopropylacrylamide, N-[2-hydroxy-1,1-bis[(hydroxymethyl)ethyl]]propenamide [or tris(hydroxymethyl)acrylamidomethane or N-tris(hydroxymethyl)methylacrylamide also known as THAM], 1e N,N-dimethylacrylamide, (2-hydroxyethyl)acrylate, (2,3-dihydroxypropyl)acrylate, (2-hydroxyethyl)methacrylate, (2,3-dihydroxypropyl)methacrylate, an ethoxylated derivative with a molecular weight of between 400 and 1000, of each of these esters, or vinylpyrrolidone (e.g., Col. 2 Lines 22-26, 39-42, and 56-65).
The crosslinking agent is particularly a diethylenic or polyethylenic compound chosen from ethylene glycol dimethacrylate, diethylene glycol diacrylate, sodium diallyloxyacetate, ethylene glycol diacrylate, diallylurea, triallylamine, trimethylolpropane triacrylate and methylenebis(acrylamide) (e.g., Col. 3 Lines 35-46).
The emulsifier in the emulsifying system of water-in-oil (W/O) type may be sorbitan esters, for instance sorbitan isostearate (e.g., Col. 3 Lines 47-51 and 54). The emulsifier in the emulsifying system of oil-in-water (O/W) type may be sorbitan monostearate polyethoxylated with 20 mol of ethylene oxide (e.g., Col. 4 Lines 11-16 and 25-26). The oil phase comprises a commercial mineral oil containing saturated hydrocarbons, for instance isohexadecane (e.g., Col. 4 Lines 34-36 and 40).
Although Mallo et al teach that the aqueous phase in step a) may comprise a chelating agent, Mallo et al do not teach suitable chelating agents, and therefore, do not specifically teach at least one of ethylenediamine disuccinic acid in the trisodium salt form, the tetrasodium salt of glutamic acid, N,N diacetic acid, and the tetrasodium salt of iminodisuccinic acid.
This deficiency is made up for in the teaching of Tomlinson et al.
Tomlinson et al teach a cosmetic composition comprising a chelating agent, wherein the chelating agent is selected from the group consisting of disodium EDTA, tetrasodium EDTA, trisodium ethylenediamine disuccinate (trisodium EDD), tetrasodium glutamate diacetate (tetrasodium GLDA), and combinations thereof (See entire document, e.g., Abstract, [0033]). The cosmetic composition is a topical composition and may be in the form of an emulsion (e.g., [0063]-[0065]).
It would have been prima facie obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, based on the teachings of Mallo et al and Tomlinson et al, to provide a process for the preparation of an inverse latex comprising: step a) an aqueous phase containing the monomers and the possible hydrophilic additives is prepared and the pH of the solution is adjusted to less than or equal to 4 and then the aqueous phase is emulsified in an organic phase containing the surfactant system of water-in-oil (W/O) type, a mixture consisting of the oil intended to be present in the final composition and of a volatile oil, and the possible hydrophobic additives; [step a2]) the obtained emulsion is transferred into a polymerization reactor and bled from air with nitrogen; step b) the polymerization reaction is initiated by introducing a free-radical initiator being a redox couple, such as the cumene hydroperoxide/sodium metabisulfite couple, into the emulsion formed in step a), and the reaction is then allowed to proceed; step c) the reaction medium from step b) is concentrated by distillation until the said volatile oil has been completely removed; [step d]) when step c) is complete, the emulsifying system of oil-in-water (O/W) type is introduced at a temperature below 50 °C, wherein the monomers added to the aqueous phase in step a) include powder of 2-methyl-2-[(1-oxo-2-propenyl)amino]-1-propanesulfonic in acid form or partially or totally salified in the form of an alkali metal salt that is mixed with an aqueous solution of acrylamide, a chelating agent, a crosslinking agent, and one or more neutral monomers other than acrylamide chosen from methacrylamide, diacetoneacrylamide, N-isopropylacrylamide, N-[2-hydroxy-1,1-bis[(hydroxymethyl)ethyl]]propenamide [or tris(hydroxymethyl)acrylamidomethane or N-tris(hydroxymethyl)methylacrylamide also known as THAM], 1e N,N-dimethylacrylamide, (2-hydroxyethyl)acrylate, (2,3-dihydroxypropyl)acrylate, (2-hydroxyethyl)methacrylate, (2,3-dihydroxypropyl)methacrylate, an ethoxylated derivative with a molecular weight of between 400 and 1000, of each of these esters, or vinylpyrrolidone, wherein the chelating agent is disodium EDTA, tetrasodium EDTA, trisodium ethylenediamine disuccinate (trisodium EDD), tetrasodium glutamate diacetate (tetrasodium GLDA), or combinations thereof, wherein the crosslinking agent is a diethylenic or polyethylenic compound chosen from ethylene glycol dimethacrylate, diethylene glycol diacrylate, sodium diallyloxyacetate, ethylene glycol diacrylate, diallylurea, triallylamine, trimethylolpropane triacrylate and methylenebis(acrylamide), wherein the emulsifier in the emulsifying system of water-in-oil (W/O) type is sorbitan isostearate, wherein the emulsifier in the emulsifying system of oil-in-water (O/W) type is sorbitan monostearate polyethoxylated with 20 mol of ethylene oxide, and wherein the oil phase is isohexadecane. One of ordinary skill would have been motivated to look to the teaching of Tomlinson et al for chelating agents and use said chelating agents in the process taught by Mallo et al because Mallo et al do not teach suitable chelating agents, and there would have been a reasonable expectation of success because both the teachings of Tomlinson et al and Mallo et al regard cosmetic compositions, specifically topical, that may be in the form of an emulsion.
The one or more neutral monomers other than acrylamide chosen from methacrylamide, diacetoneacrylamide, N-isopropylacrylamide, N-[2-hydroxy-1,1-bis[(hydroxymethyl)ethyl]]propenamide [or tris(hydroxymethyl)acrylamidomethane or N-tris(hydroxymethyl)methylacrylamide also known as THAM], 1e N,N-dimethylacrylamide, (2-hydroxyethyl)acrylate, (2,3-dihydroxypropyl)acrylate, (2-hydroxyethyl)methacrylate, (2,3-dihydroxypropyl)methacrylate, an ethoxylated derivative with a molecular weight of between 400 and 1000, of each of these esters, or vinylpyrrolidone meets the limitation of the at least one monomer selected from the group consisting of 2-hydroxyethyl acrylate, 2,3-dihydroxypropyl acrylate, 2-hydroxyethyl methacrylate, 2,3-dihydroxypropyl methacrylate and vinylpyrrolidone of the instant claims.
The chelating agent being disodium EDTA, tetrasodium EDTA, trisodium ethylenediamine disuccinate (trisodium EDD), tetrasodium glutamate diacetate (tetrasodium GLDA), or combinations thereof in the modified process for the preparation of an inverse latex of Mallo et al in view of Tomlinson et al meets the limitation of the at least one sequestering compound (SQ) selected from the group consisting of ethylenediamine disuccinic acid in the trisodium salt form, the tetrasodium salt of glutamic acid, N,N diacetic acid, and the tetrasodium salt of iminodisuccinic acid of the instant claims.
The crosslinking agent being a diethylenic or polyethylenic compound chosen from ethylene glycol dimethacrylate, diethylene glycol diacrylate, sodium diallyloxyacetate, ethylene glycol diacrylate, diallylurea, triallylamine, trimethylolpropane triacrylate and methylenebis(acrylamide) in the modified process for the preparation of an inverse latex of Mallo et al in view of Tomlinson et al meets the limitation of the at least one polyethylenic crosslinking monomer (AR) of the instant claims as evidenced by Page 4 Line 29-Page 5 Line 2 of the instant specification.
The emulsifier in the emulsifying system of water-in-oil (W/O) type being sorbitan isostearate in the modified process for the preparation of an inverse latex of Mallo et al in view of Tomlinson et al meets the limitation of sorbitan isostearate as the elected species of the water-in-oil emulsifying surfactant (S1) system of the instant claims.
The emulsifier in the emulsifying system of oil-in-water (O/W) type being sorbitan monostearate polyethoxylated with 20 mol of ethylene oxide in the modified process for the preparation of an inverse latex of Mallo et al in view of Tomlinson et al meets the limitation of polyethoxylated sorbitan stearate as the elected species of the oil-in-water emulsifying surfactant (S2) system of the instant claims.
The oil phase being isohexadecane in the modified process for the preparation of an inverse latex of Mallo et al in view of Tomlinson et al meets the limitation of isohexadecane as the elected species of the oil (O) of the instant claims.
The modified process for the preparation of an inverse latex of Mallo et al in view of Tomlinson et al renders obvious the process for the preparation of an inverse latex of instant claims 6-7, 9-10, and 15. Regarding the ranges of temperature and pH required by the instant claims, a prima facie case of obviousness typically exists when the ranges of a claimed composition overlap the ranges disclosed in the prior art (In re Peterson, 315 F.3d 1325, 1329 (Fed. Cir. 2003)).
Claims 8, 11, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Mallo et al (as cited above) in view of Tomlinson et al (as cited above) as applied to claims 6-7, 9-10, and 15 above, and further in view of Tabacchi et al (US 2005/0014893 A1, published 01/20/2005, cited in Notice of References Cited dated 02/26/2025).
The modified process for the preparation of an inverse latex of Mallo et al in view of Tomlinson et al has been discussed supra.
Neither Mallo et al nor Tomlinson et al teach 1) azobis(isobutyronitrile), a polymerization coinitiator, being introduced into the inerted emulsion, 2) the reaction medium resulting from the polymerization reaction step or the reaction medium resulting from introduction of the emulsifying system of oil-in-water (O/W) type being spray dried, or 3) the cumene hydroperoxide/thionyl chloride couple as an alternative to the cumene hydroperoxide/sodium metabisulfite couple as the redox couple.
These deficiencies are made up for in the teaching of Tabacchi et al.
Tabacchi et al teach a similar process to Mallo et al for the preparation of an inverse latex that can be used in cosmetic or pharmaceutical compositions (See entire document, e.g., Abstract, [0038]-[0042], [0048]). Tabacchi et al teach the polymerization reaction being initiated by a redox couple which generates hydrogensulfite (HSO3-) ions, such as the cumene hydroperoxide/sodium metabisulfite (Na2S2O5) couple or the cumene hydroperoxide/thionyl chloride (SOCl2) couple and, if desired, accompanied by an agent which is a coinitiator of polymerization, such as azobis(iso-butyronitrile) (e.g., [0043]). Tabacchi et al teach isolation of the polymer from the process by techniques including precipitation or spray drying (e.g., [0047]).
It would have been prima facie obvious to one of ordinary skill in the art, before the effective filing date, based on the teachings of Mallo et al, Tomlinson et al, and Tabacchi et al, to incorporate the following in the modified process discussed supra for the preparation of an inverse latex of Mallo et al in view of Tomlinson et al: in step b) use the cumene hydroperoxide/thionyl chloride couple as an alternative to the cumene hydroperoxide/sodium metabisulfite couple as redox couple, in step b) incorporate azobis(iso-butyronitrile) as a coinitiator of polymerization, and isolate the acrylamide-based polymers produced by the process by techniques including precipitation or spray drying. One of ordinary skill would have been motivated to making the aforementioned modifications to the modified process for the preparation of an inverse latex of Mallo et al in view of Tomlinson et al and there would have been a reasonable expectation of success because all of the teachings of Tomlinson et al, Mallo et al, and Tabacchi et al regard cosmetic compositions that may be in the form of an emulsion. Generally, it is prima facie obvious to select a known material for incorporation into a composition, based on its recognized suitability for its intended use (Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)). An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious (In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982)).
The modified process for the preparation of an inverse latex of Mallo et al in view of Tomlinson et al and further in view of Tabacchi et al renders obvious the process for the preparation of an inverse latex of instant claims 8, 11, and 16-17.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 6-11 and 15-17 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 6-11 and 15-17 of copending Application No. 17/782,887 (hereafter ‘887) in view of Mallo et al (as cited above).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in face been patented.
Instant claims 6-11 and 15-17 recite a process for the preparation of an inverse latex, comprising: a) preparing an aqueous phase comprising 2-methyl-2-[(1-oxo-2-propenyl)amino]-1-propanesulfonic acid in free acid form or partially or totally salified form; at least one monomer selected from the group consisting of 2-hydroxyethyl acrylate, 2,3-dihydroxypropyl acrylate, 2-hydroxyethyl methacrylate, 2,3-dihydroxypropyl methacrylate and vinylpyrrolidone; at least one polyethylenic crosslinking monomer (AR); and at least one sequestering compound (SQ) selected from the group consisting of ethylenediamine disuccinic acid in the trisodium salt form, the tetrasodium salt of glutamic acid, and N, N diacetic acid, and the tetrasodium salt of iminodisuccinic acid; b) preparing an organic phase comprising at least one oil (O) and a water-in-oil emulsifying surfactant (S1) system, c) mixing the aqueous phase and the organic phase prepared in stages a) and b) and emulsifying so as to form an emulsion, d) inerting the emulsion with nitrogen, e) initiating a polymerization reaction by introduction, into the inerted emulsion, of a free-radical initiator, and f) introducing, into the reaction medium resulting from stage e), an oil- in-water emulsifying surfactant (S2) system at a temperature of between 30°C and 60°C, wherein in stage e), the free-radical initiator is a redox pair which generates hydrogensulfite ions (HSO3-), wherein in stage e), a polymerization coinitiator is introduced into the inerted emulsion, wherein in stage a), the pH of the aqueous phase is adjusted to between 3.0 and 7.0, wherein the reaction medium resulting from stage e) is concentrated by distillation before carrying out stage f), wherein the reaction medium resulting from stage e) or f) is spray dried, wherein the redox pair is cumene hydroperoxide/sodium metabisulfite pair or cumene hydroperoxide/thionyl chloride pair, and wherein the polymerization coinitiator is azobis(isobutyronitrile).
Claims 6-11 and 15-17 of ‘887 recite a process for preparing an inverse latex comprising the following steps: a) preparing an aqueous phase comprising ethylenediaminedisuccinic acid in trisodium salt form and the monomers for forming the crosslinked anionic polyelectrolyte (P) of claim 1, said monomers comprising: (i) 2-methyl-2-[(1-oxo-2-propenvl)amino]-1-propanesulfonic acid in free acid form or partially or totally salified form; (ii) at least one monomer chosen from the group consisting of acrylamide, N,N-dimethylacrylamide, methacrylamide, N-isopropylacrylamide, and N-(tert-butyl)acrylamide; and (iii) at least one polyethylenic crosslinking monomer (AR), b) preparing an organic phase comprising at least one oil and an emulsifying surfactant system (S1) of water-in-oil type, c) mixing the aqueous phase and the organic phase prepared in steps a) and b) and emulsifying so as to form an emulsion, d) inerting the emulsion with nitrogen, e) initiating the polymerization reaction by introducing a free-radical initiator into the inerted emulsion, and f) introducing into the reaction medium resulting from step e) an emulsifying surfactant system (S2) of oil-in-water type at a temperature between 30°C and 60°C, wherein in step e), the radical initiator is a redox pair which generates hydrogen sulfite (HSO3-) ions, wherein in step e), a polymerization coinitiator is introduced into the inerted emulsion, wherein in step a), the pH of the aqueous phase is adjusted between 3.0 and 7.0, wherein the reaction medium derived from step e) is concentrated by distillation before carrying out step f), wherein the reaction medium derived from step e) or f) is spray-dried, wherein the redox pair is the cumene hydroperoxide/sodium metabisulfite pair or the cumene hydroperoxide/thionyl chloride pair, and wherein the polymerization coinitiator is azobis(isobutyronitrile).
Claims 6-11 and 15-17 of ‘887 do not recite the aqueous phase comprising at least one monomer selected from the group consisting of 2-hydroxyethyl acrylate, 2,3-dihydroxypropyl acrylate, 2-hydroxyethyl methacrylate, 2,3-dihydroxypropyl methacrylate and vinylpyrrolidone, the at least one oil being isohexadecane, the emulsifying surfactant system (S1) being sorbitan isostearate, or the emulsifying surfactant system (S2) being polyethoxylated sorbitan stearate.
These deficiencies are made up for in the teaching of Mallo et al, which has been discussed in detail supra.
It would have been prima facie obvious to one of ordinary skill in the art, based on the teaching of Mallo et al, to 1) use, in addition to the at least one monomer being chosen from the group consisting of acrylamide, N,N-dimethylacrylamide, methacrylamide, N-isopropylacrylamide, and N-(tert-butyl)acrylamide of the claims of ‘887, the at least one monomer being chosen from methacrylamide, diacetoneacrylamide, N-isopropylacrylamide, N-[2-hydroxy-1,1-bis[(hydroxymethyl)ethyl]]propenamide [or tris(hydroxymethyl)acrylamidomethane or N-tris(hydroxymethyl)methylacrylamide also known as THAM], 1e N,N-dimethylacrylamide, (2-hydroxyethyl)acrylate, (2,3-dihydroxypropyl)acrylate, (2-hydroxyethyl)methacrylate, (2,3-dihydroxypropyl)methacrylate, an ethoxylated derivative with a molecular weight of between 400 and 1000, of each of these esters, or vinylpyrrolidone as is taught by Mallo et al, 2) use a commercial mineral oil containing saturated hydrocarbons, for instance isohexadecane, as the at least one oil, 3) use sorbitan esters, for instance sorbitan isostearate, as the emulsifying surfactant system (S1), and 4) use sorbitan monostearate polyethoxylated with 20 mol of ethylene oxide as the emulsifying surfactant system (S2). One of ordinary skill in the art would have been motivated to make substitution 1) because Mallo et al teach a similar process for the preparation of an inverse latex as the claims of ‘887, and an express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). One of ordinary skill in the art would have been motivated to make substitutions 2)-4) because the claims of ‘887 do not provide suitable examples of the at least one oil, the emulsifying surfactant system (S1), nor the emulsifying surfactant system (S2) and Mallo et al, which teach a similar process for the preparation of an inverse latex as the claims of ‘887, do provide said suitable compounds.
Thus, claims 6-11 and 15-17 of ‘887 in view of Mallo et al render obvious instant claims 6-11 and 15-17 to the extent of the elected species, i.e., the species of oil (O) is isohexadecane, the species of emulsifying surfactant (S1) is sorbitan isostearate, and the species of emulsifying surfactant (S2) is polyethoxylated sorbitan stearate.
Claims 6-11 and 15-17 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 6-11 and 15-17 of copending Application No. 17/783,121 (hereafter ‘121) in view of Mallo et al (as cited above).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in face been patented.
Instant claims 6-11 and 15-17 recite a process for the preparation of an inverse latex, comprising: a) preparing an aqueous phase comprising 2-methyl-2-[(1-oxo-2-propenyl)amino]-1-propanesulfonic acid in free acid form or partially or totally salified form; at least one monomer selected from the group consisting of 2-hydroxyethyl acrylate, 2,3-dihydroxypropyl acrylate, 2-hydroxyethyl methacrylate, 2,3-dihydroxypropyl methacrylate and vinylpyrrolidone; at least one polyethylenic crosslinking monomer (AR); and at least one sequestering compound (SQ) selected from the group consisting of ethylenediamine disuccinic acid in the trisodium salt form, the tetrasodium salt of glutamic acid, and N, N diacetic acid, and the tetrasodium salt of iminodisuccinic acid; b) preparing an organic phase comprising at least one oil (O) and a water-in-oil emulsifying surfactant (S1) system, c) mixing the aqueous phase and the organic phase prepared in stages a) and b) and emulsifying so as to form an emulsion, d) inerting the emulsion with nitrogen, e) initiating a polymerization reaction by introduction, into the inerted emulsion, of a free-radical initiator, and f) introducing, into the reaction medium resulting from stage e), an oil- in-water emulsifying surfactant (S2) system at a temperature of between 30°C and 60°C, wherein in stage e), the free-radical initiator is a redox pair which generates hydrogensulfite ions (HSO3-), wherein in stage e), a polymerization coinitiator is introduced into the inerted emulsion, wherein in stage a), the pH of the aqueous phase is adjusted to between 3.0 and 7.0, wherein the reaction medium resulting from stage e) is concentrated by distillation before carrying out stage f), wherein the reaction medium resulting from stage e) or f) is spray dried, wherein the redox pair is cumene hydroperoxide/sodium metabisulfite pair or cumene hydroperoxide/thionyl chloride pair, and wherein the polymerization coinitiator is azobis(isobutyronitrile).
Claims 6-11 and 15-17 of ‘121 recite a process for preparing an inverse latex comprising: a) preparing an aqueous phase comprising 2-methyl-2-[(1-oxo-2-propenyl)amino]-1-propanesulfonic acid in free acid form or partially or totally salified form; at least one monomer selected from the group consisting of acrylamide, N,N-dimethylacrylamide, methacrylamide, N- isopropylacrylamide, and N-(tert-butyl)acrylamide; at least one polyethylenic crosslinking monomer; and glutamic acid, N,N diacetic acid, tetrasodium salt; b) preparing an organic phase comprising at least one oil and an emulsifying surfactant system (S1) of water-in-oil type, c) mixing the aqueous phase and the organic phase prepared in steps a) and b) and emulsifying so as to form an emulsion, d) inerting the emulsion with nitrogen, e) initiating the polymerization reaction by introducing a free-radical initiator into the inerted emulsion, and f) introducing into the reaction medium resulting from step e) an emulsifying surfactant system (S2) of oil-in-water type at a temperature between 30°C and 60°C, wherein in step e), the radical initiator is a redox pair which generates hydrogen sulfite (HSO3-) ions, wherein in step e), a polymerization coinitiator is introduced into the inerted emulsion, wherein in step a), the pH of the aqueous phase is adjusted between 3.0 and 7.0, wherein the reaction medium derived from step e) is concentrated by distillation before carrying out step f), wherein the reaction medium derived from step e) or f) is spray-dried, wherein the redox pair is the cumene hydroperoxide/sodium metabisulfite pair or the cumene hydroperoxide/thionyl chloride pair, and wherein the polymerization coinitiator is azobis(isobutyronitrile).
Claims 6-11 and 15-17 of ‘121 do not recite the aqueous phase comprising at least one monomer selected from the group consisting of 2-hydroxyethyl acrylate, 2,3-dihydroxypropyl acrylate, 2-hydroxyethyl methacrylate, 2,3-dihydroxypropyl methacrylate and vinylpyrrolidone, the at least one oil being isohexadecane, the emulsifying surfactant system (S1) being sorbitan isostearate, or the emulsifying surfactant system (S2) being polyethoxylated sorbitan stearate.
These deficiencies are made up for in the teaching of Mallo et al, which has been discussed in detail supra.
It would have been prima facie obvious to one of ordinary skill in the art, based on the teaching of Mallo et al, to 1) use, in addition to the at least one monomer selected from the group consisting of acrylamide, N,N-dimethylacrylamide, methacrylamide, N- isopropylacrylamide, and N-(tert-butyl)acrylamide of the claims of ‘121, the at least one monomer being chosen from methacrylamide, diacetoneacrylamide, N-isopropylacrylamide, N-[2-hydroxy-1,1-bis[(hydroxymethyl)ethyl]]propenamide [or tris(hydroxymethyl)acrylamidomethane or N-tris(hydroxymethyl)methylacrylamide also known as THAM], 1e N,N-dimethylacrylamide, (2-hydroxyethyl)acrylate, (2,3-dihydroxypropyl)acrylate, (2-hydroxyethyl)methacrylate, (2,3-dihydroxypropyl)methacrylate, an ethoxylated derivative with a molecular weight of between 400 and 1000, of each of these esters, or vinylpyrrolidone as is taught by Mallo et al, 2) use a commercial mineral oil containing saturated hydrocarbons, for instance isohexadecane, as the at least one oil, 3) use sorbitan esters, for instance sorbitan isostearate, as the emulsifying surfactant system (S1), and 4) use sorbitan monostearate polyethoxylated with 20 mol of ethylene oxide as the emulsifying surfactant system (S2). One of ordinary skill in the art would have been motivated to make substitution 1) because Mallo et al teach a similar process for the preparation of an inverse latex as the claims of ‘121, and an express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). One of ordinary skill in the art would have been motivated to make substitutions 2)-4) because the claims of ‘121 do not provide suitable examples of the at least one oil, the emulsifying surfactant system (S1), nor the emulsifying surfactant system (S2) and Mallo et al, which teach a similar process for the preparation of an inverse latex as the claims of ‘121, do provide said suitable compounds.
Thus, claims 6-11 and 15-17 of ‘121 in view of Mallo et al render obvious instant claims 6-11 and 15-17 to the extent of the elected species, i.e., the species of oil (O) is isohexadecane, the species of emulsifying surfactant (S1) is sorbitan isostearate, and the species of emulsifying surfactant (S2) is polyethoxylated sorbitan stearate.
Claims 6-11 and 15-17 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6, 8-12, and 16-18 of copending Application No. 17/783,200 (hereafter ‘200) in view of Mallo et al (as cited above).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in face been patented.
Instant claims 6-11 and 15-17 recite a process for the preparation of an inverse latex, comprising: a) preparing an aqueous phase comprising 2-methyl-2-[(1-oxo-2-propenyl)amino]-1-propanesulfonic acid in free acid form or partially or totally salified form; at least one monomer selected from the group consisting of 2-hydroxyethyl acrylate, 2,3-dihydroxypropyl acrylate, 2-hydroxyethyl methacrylate, 2,3-dihydroxypropyl methacrylate and vinylpyrrolidone; at least one polyethylenic crosslinking monomer (AR); and at least one sequestering compound (SQ) selected from the group consisting of ethylenediamine disuccinic acid in the trisodium salt form, the tetrasodium salt of glutamic acid, and N, N diacetic acid, and the tetrasodium salt of iminodisuccinic acid; b) preparing an organic phase comprising at least one oil (O) and a water-in-oil emulsifying surfactant (S1) system, c) mixing the aqueous phase and the organic phase prepared in stages a) and b) and emulsifying so as to form an emulsion, d) inerting the emulsion with nitrogen, e) initiating a polymerization reaction by introduction, into the inerted emulsion, of a free-radical initiator, and f) introducing, into the reaction medium resulting from stage e), an oil- in-water emulsifying surfactant (S2) system at a temperature of between 30°C and 60°C, wherein in stage e), the free-radical initiator is a redox pair which generates hydrogensulfite ions (HSO3-), wherein in stage e), a polymerization coinitiator is introduced into the inerted emulsion, wherein in stage a), the pH of the aqueous phase is adjusted to between 3.0 and 7.0, wherein the reaction medium resulting from stage e) is concentrated by distillation before carrying out stage f), wherein the reaction medium resulting from stage e) or f) is spray dried, wherein the redox pair is cumene hydroperoxide/sodium metabisulfite pair or cumene hydroperoxide/thionyl chloride pair, and wherein the polymerization coinitiator is azobis(isobutyronitrile).
Claims 1, 6, 8-12, and 16-18 of ‘200 recite a self-invertible inverse latex comprising an aqueous phase comprising: a) a crosslinked anionic polyelectrolyte (P) consisting of: at least one first monomer unit resulting from 2-methyl-2-[(1-oxo-2-propenyl)amino]-1-propanesulfonic acid in free acid form or partially or totally salified form; and at least one second monomer unit derived from at least one monomer chosen from the elements of the group consisting of acrylic acid, methacrylic acid, 2-carboxyethylacrylic acid, itaconic acid, maleic acid, 3-methyl-3-[(1-oxo-2-propenyl)amino]butanoic acid, the carboxylic function of said monomers being in free acid form or partially salified or totally salified form; and at least one third monomer unit derived from a polyethylenic crosslinking monomer (AR), and b) ethylenediaminedisuccinic acid in trisodium salt in an amount of at least 250 molar ppm calculated relative to the molar sum of said first and second monomer units, and a process for preparing said inverse latex, comprising the following steps: a) preparing the aqueous phase, b) preparing an organic phase comprising at least one oil (O) and an emulsifying system (S1) of water-in-oil type, c) mixing the aqueous phase and the organic phase prepared in steps a) and b) and emulsifying so as to form an emulsion, d) inertizing the emulsion with nitrogen, e) initiating the polymerization reaction by introduction, into the inertized emulsion, of a free-radical initiator, and f) introduction, into the reaction medium resulting from step e), of an emulsifying system (S2) of oil-in-water type at a temperature of between 30°C and 60°C, wherein in step e), the radical initiator is a redox pair which generates hydrogen sulfite (HSO3-) ions, wherein in step e), a polymerization coinitiator is introduced into the inertized emulsion, wherein in step a), the pH of the aqueous phase is adjusted to between 3.0 and 7.0, wherein the reaction medium derived from step e) is concentrated by distillation before performing step f), wherein the reaction medium derived from step e) or f) is spray-dried, wherein the redox pair is the cumene hydroperoxide/sodium metabisulfite pair or the cumene hydroperoxide/thionyl chloride pair, and wherein the polymerization coinitiator is azobis(isobutyronitrile).
Claims 1, 6, 8-12, and 16-18 of ‘200 do not recite the aqueous phase comprising at least one monomer selected from the group consisting of 2-hydroxyethyl acrylate, 2,3-dihydroxypropyl acrylate, 2-hydroxyethyl methacrylate, 2,3-dihydroxypropyl methacrylate and vinylpyrrolidone, the at least one oil being isohexadecane, the emulsifying surfactant system (S1) being sorbitan isostearate, or the emulsifying surfactant system (S2) being polyethoxylated sorbitan stearate.
These deficiencies are made up for in the teaching of Mallo et al, which has been discussed in detail supra.
It would have been prima facie obvious to one of ordinary skill in the art, based on the teaching of Mallo et al, to 1) use, in addition to the at least one monomer chosen from the elements of the group consisting of acrylic acid, methacrylic acid, 2-carboxyethylacrylic acid, itaconic acid, maleic acid, 3-methyl-3-[(1-oxo-2-propenyl)amino]butanoic acid, the carboxylic function of said monomers being in free acid form or partially salified or totally salified form of the claims of ‘200, the at least one monomer being chosen from methacrylamide, diacetoneacrylamide, N-isopropylacrylamide, N-[2-hydroxy-1,1-bis[(hydroxymethyl)ethyl]]propenamide [or tris(hydroxymethyl)acrylamidomethane or N-tris(hydroxymethyl)methylacrylamide also known as THAM], 1e N,N-dimethylacrylamide, (2-hydroxyethyl)acrylate, (2,3-dihydroxypropyl)acrylate, (2-hydroxyethyl)methacrylate, (2,3-dihydroxypropyl)methacrylate, an ethoxylated derivative with a molecular weight of between 400 and 1000, of each of these esters, or vinylpyrrolidone as is taught by Mallo et al, 2) use a commercial mineral oil containing saturated hydrocarbons, for instance isohexadecane, as the at least one oil, 3) use sorbitan esters, for instance sorbitan isostearate, as the emulsifying surfactant system (S1), and 4) use sorbitan monostearate polyethoxylated with 20 mol of ethylene oxide as the emulsifying surfactant system (S2). One of ordinary skill in the art would have been motivated to make substitution 1) because Mallo et al teach a similar process for the preparation of an inverse latex as the claims of ‘200, and an express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). One of ordinary skill in the art would have been motivated to make substitutions 2)-4) because the claims of ‘200 do not provide suitable examples of the at least one oil, the emulsifying surfactant system (S1), nor the emulsifying surfactant system (S2) and Mallo et al, which teach a similar process for the preparation of an inverse latex as the claims of ‘200, do provide said suitable compounds.
Thus, claims 1, 6, 8-12, and 16-18 of ‘200 in view of Mallo et al render obvious instant claims 6-11 and 15-17 to the extent of the elected species, i.e., the species of oil (O) is isohexadecane, the species of emulsifying surfactant (S1) is sorbitan isostearate, and the species of emulsifying surfactant (S2) is polyethoxylated sorbitan stearate.
Claims 6-11 and 15-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 7-12 and 16-17 of U.S. Patent No. 11,639,486 (hereafter ‘486) in view of Mallo et al (as cited above).
Instant claims 6-11 and 15-17 recite a process for the preparation of an inverse latex, comprising: a) preparing an aqueous phase comprising 2-methyl-2-[(1-oxo-2-propenyl)amino]-1-propanesulfonic acid in free acid form or partially or totally salified form; at least one monomer selected from the group consisting of 2-hydroxyethyl acrylate, 2,3-dihydroxypropyl acrylate, 2-hydroxyethyl methacrylate, 2,3-dihydroxypropyl methacrylate and vinylpyrrolidone; at least one polyethylenic crosslinking monomer (AR); and at least one sequestering compound (SQ) selected from the group consisting of ethylenediamine disuccinic acid in the trisodium salt form, the tetrasodium salt of glutamic acid, and N, N diacetic acid, and the tetrasodium salt of iminodisuccinic acid; b) preparing an organic phase comprising at least one oil (O) and a water-in-oil emulsifying surfactant (S1) system, c) mixing the aqueous phase and the organic phase prepared in stages a) and b) and emulsifying so as to form an emulsion, d) inerting the emulsion with nitrogen, e) initiating a polymerization reaction by introduction, into the inerted emulsion, of a free-radical initiator, and f) introducing, into the reaction medium resulting from stage e), an oil- in-water emulsifying surfactant (S2) system at a temperature of between 30°C and 60°C, wherein in stage e), the free-radical initiator is a redox pair which generates hydrogensulfite ions (HSO3-), wherein in stage e), a polymerization coinitiator is introduced into the inerted emulsion, wherein in stage a), the pH of the aqueous phase is adjusted to between 3.0 and 7.0, wherein the reaction medium resulting from stage e) is concentrated by distillation before carrying out stage f), wherein the reaction medium resulting from stage e) or f) is spray dried, wherein the redox pair is cumene hydroperoxide/sodium metabisulfite pair or cumene hydroperoxide/thionyl chloride pair, and wherein the polymerization coinitiator is azobis(isobutyronitrile).
Claims 7-12 and 16-17 of ‘486 recite a process for preparing a detergent composition suitable for domestic or industrial use comprising, as thickener, a self-invertible inverse latex comprising an aqueous phase comprising: a. a crosslinked anionic polyelectrolyte (P) consisting of: at least one monomer unit derived from 2-methyl-2-[(1-oxo-2-propenyl)amino]-1-propanesulfonic acid in free acid form or partially or totally salified form; at least one monomer unit derived from at least one monomer selected from the group consisting of acrylamide, N,N-dimethylacrylamide, methacrylamide, N-isopropylacrylamide, N-tert-butylacrylamide; and at least one monomer unit derived from a polyethylenic crosslinking monomer (AR), b. glutamic acid, N,N-diacetic acid, tetrasodium salt, said process comprising a step of preparing the inverse latex comprising the following sub-steps: a) preparing the aqueous phase, b) preparing an organic phase comprising at least one oil (O) and a water-in-oil emulsifying surfactant system (S1), c) mixing the aqueous phase and the organic phase prepared in steps a) and b) and emulsifying so as to form an emulsion, d) inerting the emulsion with nitrogen, e) initiating the polymerization reaction by introducing a free-radical initiator into the inerted emulsion, and f) introducing into the reaction medium resulting from step e) an oil-in-water emulsifying surfactant system (S2) at a temperature between 30° C. and 60° C.; wherein the aqueous phase comprises the glutamic acid, N,N-diacetic acid, tetrasodium salt, wherein in step e), the radical initiator is a redox pair which generates hydrogen sulfite (HSO3-) ions, wherein in step e), a polymerization coinitiator is introduced into the inerted emulsion, wherein in step a), the pH of the aqueous phase is adjusted between 3.0 and 7.0, wherein the reaction medium derived from step e) is concentrated by distillation before carrying out step f), wherein the reaction medium derived from step e) or f) is spray-dried, wherein in step e), the radical initiator is the cumene hydroperoxide/sodium metabisulfite pair or the cumene hydroperoxide/thionyl chloride pair, and wherein in step e), azobis(isobutyronitrile) is introduced into the inerted emulsion.
Claims 7-12 and 16-17 of ‘486 do not recite the aqueous phase comprising at least one monomer selected from the group consisting of 2-hydroxyethyl acrylate, 2,3-dihydroxypropyl acrylate, 2-hydroxyethyl methacrylate, 2,3-dihydroxypropyl methacrylate and vinylpyrrolidone, the at least one oil being isohexadecane, the emulsifying surfactant system (S1) being sorbitan isostearate, or the emulsifying surfactant system (S2) being polyethoxylated sorbitan stearate.
These deficiencies are made up for in the teaching of Mallo et al, which has been discussed in detail supra.
It would have been prima facie obvious to one of ordinary skill in the art, based on the teaching of Mallo et al, to 1) use, in addition to the at least one monomer unit derived from at least one monomer selected from the group consisting of acrylamide, N,N-dimethylacrylamide, methacrylamide, N-isopropylacrylamide, N-tert-butylacrylamide of the claims of ‘486, the at least one monomer being chosen from methacrylamide, diacetoneacrylamide, N-isopropylacrylamide, N-[2-hydroxy-1,1-bis[(hydroxymethyl)ethyl]]propenamide [or tris(hydroxymethyl)acrylamidomethane or N-tris(hydroxymethyl)methylacrylamide also known as THAM], 1e N,N-dimethylacrylamide, (2-hydroxyethyl)acrylate, (2,3-dihydroxypropyl)acrylate, (2-hydroxyethyl)methacrylate, (2,3-dihydroxypropyl)methacrylate, an ethoxylated derivative with a molecular weight of between 400 and 1000, of each of these esters, or vinylpyrrolidone as is taught by Mallo et al, 2) use a commercial mineral oil containing saturated hydrocarbons, for instance isohexadecane, as the at least one oil, 3) use sorbitan esters, for instance sorbitan isostearate, as the emulsifying surfactant system (S1), and 4) use sorbitan monostearate polyethoxylated with 20 mol of ethylene oxide as the emulsifying surfactant system (S2). One of ordinary skill in the art would have been motivated to make substitution 1) because Mallo et al teach a similar process for the preparation of an inverse latex as the claims of ‘486, and an express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). One of ordinary skill in the art would have been motivated to make substitutions 2)-4) because the claims of ‘486 do not provide suitable examples of the at least one oil, the emulsifying surfactant system (S1), nor the emulsifying surfactant system (S2) and Mallo et al, which teach a similar process for the preparation of an inverse latex as the claims of ‘486, do provide said suitable compounds.
Thus, claims 7-12 and 16-17 of ‘486 in view of Mallo et al render obvious instant claims 6-11 and 15-17 to the extent of the elected species, i.e., the species of oil (O) is isohexadecane, the species of emulsifying surfactant (S1) is sorbitan isostearate, and the species of emulsifying surfactant (S2) is polyethoxylated sorbitan stearate.
Claims 6-11 and 15-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 7-12, and 16-17 of U.S. Patent No. 11,591,549 (hereafter ‘549) in view of Mallo et al (as cited above).
Instant claims 6-11 and 15-17 recite a process for the preparation of an inverse latex, comprising: a) preparing an aqueous phase comprising 2-methyl-2-[(1-oxo-2-propenyl)amino]-1-propanesulfonic acid in free acid form or partially or totally salified form; at least one monomer selected from the group consisting of 2-hydroxyethyl acrylate, 2,3-dihydroxypropyl acrylate, 2-hydroxyethyl methacrylate, 2,3-dihydroxypropyl methacrylate and vinylpyrrolidone; at least one polyethylenic crosslinking monomer (AR); and at least one sequestering compound (SQ) selected from the group consisting of ethylenediamine disuccinic acid in the trisodium salt form, the tetrasodium salt of glutamic acid, and N,N diacetic acid, and the tetrasodium salt of iminodisuccinic acid; b) preparing an organic phase comprising at least one oil (O) and a water-in-oil emulsifying surfactant (S1) system, c) mixing the aqueous phase and the organic phase prepared in stages a) and b) and emulsifying so as to form an emulsion, d) inerting the emulsion with nitrogen, e) initiating a polymerization reaction by introduction, into the inerted emulsion, of a free-radical initiator, and f) introducing, into the reaction medium resulting from stage e), an oil- in-water emulsifying surfactant (S2) system at a temperature of between 30°C and 60°C, wherein in stage e), the free-radical initiator is a redox pair which generates hydrogensulfite ions (HSO3-), wherein in stage e), a polymerization coinitiator is introduced into the inerted emulsion, wherein in stage a), the pH of the aqueous phase is adjusted to between 3.0 and 7.0, wherein the reaction medium resulting from stage e) is concentrated by distillation before carrying out stage f), wherein the reaction medium resulting from stage e) or f) is spray dried, wherein the redox pair is cumene hydroperoxide/sodium metabisulfite pair or cumene hydroperoxide/thionyl chloride pair, and wherein the polymerization coinitiator is azobis(isobutyronitrile).
Claims 1, 7-12, and 16-17 of ‘549 recite a detergent composition (F) suitable for domestic or industrial use comprising, as thickener, a self-invertible inverse latex comprising an aqueous phase comprising: a) a crosslinked anionic polyelectrolyte (P) consisting of: at least one monomer unit derived from 2-methyl-2-[(1-oxo-2-propenyl)amino]-1-propanesulfonic acid in free acid form or partially or totally salified form; at least one monomer unit derived from at least one monomer selected from the group consisting of acrylamide, N,N-dimethylacrylamide, methacrylamide, N-isopropylacrylamide, and N-tert-butylacrylamide; and at least one monomer unit derived from a polyethylenic crosslinking monomer (AR), b) ethylenediaminedisuccinic acid in trisodium salt form and a process for preparing said detergent composition, comprising a step of preparing the inverse latex comprising the following sub-steps: a) preparing the aqueous phase, b) preparing an organic phase comprising at least one oil (O) and an emulsifying surfactant system (S1) of water-in-oil type, c) mixing the aqueous phase and the organic phase prepared in steps a) and b) and emulsifying so as to form an emulsion, d) inerting the emulsion with nitrogen to provide an inerted emulsion, e) initiating a polymerization reaction by introducing a free-radical initiator into the inerted emulsion, forming a reaction mixture, and f) introducing into the reaction mixture resulting from step e) an emulsifying surfactant system (S2) of oil-in-water type at a temperature between 30° C and 60° C, wherein in step e), the free-radical initiator is a redox pair which generates hydrogen sulfite (HSO3-) ions, wherein in step e), a polymerization coinitiator is introduced into the inerted emulsion, wherein in step a), the pH of the aqueous phase is adjusted between 3.0 and 7.0, wherein the reaction mixture derived from step e) is concentrated by distillation before carrying out step f), wherein the reaction mixture derived from step e) or f) is spray-dried, wherein in step e), the free-radical initiator is the cumene hydroperoxide/sodium metabisulfite pair or the cumene hydroperoxide/thionyl chloride pair, and wherein in step e), the polymerization coinitiator is azobis(isobutyronitrile).
Claims 1, 7-12, and 16-17 of ‘549 do not recite the aqueous phase comprising at least one monomer selected from the group consisting of 2-hydroxyethyl acrylate, 2,3-dihydroxypropyl acrylate, 2-hydroxyethyl methacrylate, 2,3-dihydroxypropyl methacrylate and vinylpyrrolidone, the at least one oil being isohexadecane, the emulsifying surfactant system (S1) being sorbitan isostearate, or the emulsifying surfactant system (S2) being polyethoxylated sorbitan stearate.
These deficiencies are made up for in the teaching of Mallo et al, which has been discussed in detail supra.
It would have been prima facie obvious to one of ordinary skill in the art, based on the teaching of Mallo et al, to 1) use, in addition to the at least one monomer unit derived from at least one monomer selected from the group consisting of acrylamide, N,N-dimethylacrylamide, methacrylamide, N-isopropylacrylamide, and N-tert-butylacrylamide of the claims of ‘549, the at least one monomer being chosen from methacrylamide, diacetoneacrylamide, N-isopropylacrylamide, N-[2-hydroxy-1,1-bis[(hydroxymethyl)ethyl]]propenamide [or tris(hydroxymethyl)acrylamidomethane or N-tris(hydroxymethyl)methylacrylamide also known as THAM], 1e N,N-dimethylacrylamide, (2-hydroxyethyl)acrylate, (2,3-dihydroxypropyl)acrylate, (2-hydroxyethyl)methacrylate, (2,3-dihydroxypropyl)methacrylate, an ethoxylated derivative with a molecular weight of between 400 and 1000, of each of these esters, or vinylpyrrolidone as is taught by Mallo et al, 2) use a commercial mineral oil containing saturated hydrocarbons, for instance isohexadecane, as the at least one oil, 3) use sorbitan esters, for instance sorbitan isostearate, as the emulsifying surfactant system (S1), and 4) use sorbitan monostearate polyethoxylated with 20 mol of ethylene oxide as the emulsifying surfactant system (S2). One of ordinary skill in the art would have been motivated to make substitution 1) because Mallo et al teach a similar process for the preparation of an inverse latex as the claims of ‘549, and an express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). One of ordinary skill in the art would have been motivated to make substitutions 2)-4) because the claims of ‘549 do not provide suitable examples of the at least one oil, the emulsifying surfactant system (S1), nor the emulsifying surfactant system (S2) and Mallo et al, which teach a similar process for the preparation of an inverse latex as the claims of ‘549, do provide said suitable compounds.
Thus, claims 1, 7-12, and 16-17 of ‘549 in view of Mallo et al render obvious instant claims 6-11 and 15-17 to the extent of the elected species, i.e., the species of oil (O) is isohexadecane, the species of emulsifying surfactant (S1) is sorbitan isostearate, and the species of emulsifying surfactant (S2) is polyethoxylated sorbitan stearate.
Claims 6-11 and 15-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 7-12 and 17-18 of U.S. Patent No. 11,643,620 (hereafter ‘620) in view of Mallo et al (as cited above).
Instant claims 6-11 and 15-17 recite a process for the preparation of an inverse latex, comprising: a) preparing an aqueous phase comprising 2-methyl-2-[(1-oxo-2-propenyl)amino]-1-propanesulfonic acid in free acid form or partially or totally salified form; at least one monomer selected from the group consisting of 2-hydroxyethyl acrylate, 2,3-dihydroxypropyl acrylate, 2-hydroxyethyl methacrylate, 2,3-dihydroxypropyl methacrylate and vinylpyrrolidone; at least one polyethylenic crosslinking monomer (AR); and at least one sequestering compound (SQ) selected from the group consisting of ethylenediamine disuccinic acid in the trisodium salt form, the tetrasodium salt of glutamic acid, and N, N diacetic acid, and the tetrasodium salt of iminodisuccinic acid; b) preparing an organic phase comprising at least one oil (O) and a water-in-oil emulsifying surfactant (S1) system, c) mixing the aqueous phase and the organic phase prepared in stages a) and b) and emulsifying so as to form an emulsion, d) inerting the emulsion with nitrogen, e) initiating a polymerization reaction by introduction, into the inerted emulsion, of a free-radical initiator, and f) introducing, into the reaction medium resulting from stage e), an oil- in-water emulsifying surfactant (S2) system at a temperature of between 30°C and 60°C, wherein in stage e), the free-radical initiator is a redox pair which generates hydrogensulfite ions (HSO3-), wherein in stage e), a polymerization coinitiator is introduced into the inerted emulsion, wherein in stage a), the pH of the aqueous phase is adjusted to between 3.0 and 7.0, wherein the reaction medium resulting from stage e) is concentrated by distillation before carrying out stage f), wherein the reaction medium resulting from stage e) or f) is spray dried, wherein the redox pair is cumene hydroperoxide/sodium metabisulfite pair or cumene hydroperoxide/thionyl chloride pair, and wherein the polymerization coinitiator is azobis(isobutyronitrile).
Claims 7-12 and 17-18 of ‘620 recite a process for preparing a detergent composition suitable for domestic or industrial use comprising, as thickener, a self-invertible inverse latex comprising an aqueous phase comprising: a) a crosslinked anionic polyelectrolyte (P) consisting of: at least one first monomer unit derived from 2-methyl-2-[(1-oxo-2-propenyl)amino]-1-propanesulfonic acid in free acid form or partially or totally salified form; at least one second monomer unit derived from at least one monomer selected from the group consisting of 2-hydroxyethyl acrylate, 2,3-dihydroxypropyl acrylate, 2-hydroxyethyl methacrylate, 2,3-dihydroxypropyl methacrylate, or vinylpyrrolidone; and at least one monomer unit derived from a polyethylenic crosslinking monomer (AR), b) at least one sequestrant compound (SQ) selected from the group consisting of ethylenediaminedisuccinic acid in trisodium salt form, the glutamic acid, N,N-diacetic acid, tetrasodium salt, and the sodium salt of iminosuccinic acid, said process comprising a step of preparing the inverse latex comprising the following sub-steps: a) preparing the aqueous phase, b) preparing an organic phase comprising at least one oil (O) and a water-in-oil emulsifying surfactant system (S1), c) mixing the aqueous phase and the organic phase prepared in steps a) and b) and emulsifying so as to form an emulsion, d) inerting the emulsion with nitrogen, e) initiating the polymerization reaction by introducing a free-radical initiator into the inerted emulsion, and f) introducing into the reaction medium resulting from step e) an oil-in-water emulsifying surfactant system (S2) at a temperature between 30° C and 60° C; wherein the aqueous phase comprises the at least one sequestrant compound, wherein in step e), the radical initiator is a redox pair which generates hydrogen sulfite (HSO3-) ions, wherein in step e), a polymerization coinitiator is introduced into the inerted emulsion, wherein in step a), the pH of the aqueous phase is adjusted between 3.0 and 7.0, wherein the reaction medium derived from step e) is concentrated by distillation before carrying out step f), wherein the reaction medium derived from step e) or f) is spray-dried, wherein in step e), the radical initiator is the cumene hydroperoxide/sodium metabisulfite pair or the cumene hydroperoxide/thionyl chloride pair, and wherein the polymerization coinitiator is azobis(isobutyronitrile).
Claims 7-12 and 17-18 of ‘620 do not recite the at least one oil being isohexadecane, the emulsifying surfactant system (S1) being sorbitan isostearate, or the emulsifying surfactant system (S2) being polyethoxylated sorbitan stearate.
These deficiencies are made up for in the teaching of Mallo et al, which has been discussed in detail supra.
It would have been prima facie obvious to one of ordinary skill in the art, based on the teaching of Mallo et al, to use a commercial mineral oil containing saturated hydrocarbons, for instance isohexadecane, as the at least one oil, use sorbitan esters, for instance sorbitan isostearate, as the emulsifying surfactant system (S1), and use sorbitan monostearate polyethoxylated with 20 mol of ethylene oxide as the emulsifying surfactant system (S2). One of ordinary skill in the art would have been motivated to do so because the claims of ‘620 do not provide suitable examples of the at least one oil, the emulsifying surfactant system (S1), nor the emulsifying surfactant system (S2) and Mallo et al, which teach a similar process for the preparation of an inverse latex as the claims of ‘620, do provide said suitable compounds.
Thus, claims 7-12 and 17-18 of ‘620 in view of Mallo et al render obvious instant claims 6-11 and 15-17 to the extent of the elected species, i.e., the species of oil (O) is isohexadecane, the species of emulsifying surfactant (S1) is sorbitan isostearate, and the species of emulsifying surfactant (S2) is polyethoxylated sorbitan stearate.
Response to Applicant’s Arguments
Applicant’s arguments filed on 12/08/2025 have been considered.
The arguments regarding the rejection under 35 USC 103 set forth in the Office action dated 09/30/2025 have been fully considered but are moot because the rejection under 35 USC 103 set forth in the Office action dated 09/30/2025 has been withdrawn in favor of the new grounds of rejection set forth above. Nevertheless, the Examiner has still fully considered the declaration submitted under 37 CFR 1.132 regarding the unexpected results and criticality of the claimed sequestering agents. Applicant argues that this data reinforces that the claimed selection of sequestering agents (EDDS, GLDA, IDS) exhibits unexpected advantages over other plausible candidates and that this selection is critical to achieving the desired combination of properties.
The arguments have been fully considered by the Examiner but are not found persuasive because the declaration compares the effect of sequestering agents in the process of Example 1 (See starting at Page 22 of the instant specification) for which Example 1 is argued as the inventive process, however this process is not commensurate with the process of instant claim 6, e.g., Example 1 requires a 55% commercial solution of the sodium salt of 2-methyl-2-[(1-oxo-2-propenyl)amino]-1-propanesulfonic acid whereas the process of claim 6 requires 2-methyl-2-[(1-oxo-2-propenyl)amino]-1-propanesulfonic acid in free acid form or partially or totally salified form, Example 1 requires 2-hydroxyethyl acrylate whereas the process of claim 6 requires at least one monomer selected from the group consisting of 2-hydroxyethyl acrylate, 2,3-dihydroxypropyl acrylate, 2-hydroxyethyl methacrylate, 2,3-dihydroxypropyl methacrylate and vinylpyrrolidone, and Example 1 requires methylenebisacrylamide whereas the process of claim 6 requires at least one polyethylenic crosslinking monomer (AR). Whether the unexpected results are the result of unexpectedly improved results or a property not taught by the prior art, the "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 occur over the entire claimed range. In re Clemens, 622 F.2d 1029, 1036, 206 USPQ 289, 296 (CCPA 1980). Further, in light of the new grounds of rejection under 35 USC 103 set forth above, based on the teachings of Mallo et al in view of Tomlinson et al, it would have been prima facie obvious to one of ordinary skill in the art to use disodium EDTA, tetrasodium EDTA, trisodium ethylenediamine disuccinate (trisodium EDD), tetrasodium glutamate diacetate (tetrasodium GLDA), or combinations thereof as chelating agent in a process for the preparation of an inverse latex that meets the limitations of instant claim 6 (See rejection under 35 USC 103 of claims 6-7, 9-10, and 15 above for more details).
Applicant’s arguments regarding the nonstatutory double patenting rejections over US Patent Nos. 11,639,486, 11,591,549, and 11,643,620 and provisional nonstatutory double patenting rejections over copending US Application Nos. 17/782,887, 17/783,121, 17/783,584, and 17/783,200 set forth in the Office action dated 09/20/2025 are moot because the double patenting rejections set forth in the Office action dated 09/30/2025 have been withdrawn in favor of the new grounds of rejection set forth above. Applicant’s request that the examination of the present application proceed to allowance with any needed terminal disclaimers to be filed at that time is not found persuasive because a request to hold a rejection in abeyance is not a proper response to a rejection. Rather, a request to hold a matter in abeyance may only be made in response to an OBJECTION or REQUIREMENTS AS TO FORM (see MPEP 37 CFR 1.111(b) and 714.02).
Conclusion
No claims are allowable.
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/K.E.O./Examiner, Art Unit 1619
/DAVID J BLANCHARD/Supervisory Patent Examiner, Art Unit 1619