6Notice 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 .
Response to Amendment
The Amendment filed on January 13th, 2026 has been entered. Claims 1, 3, 5-6, 8, 13, 15-20, 22, and 27-29 are pending in the application. Claims 2, 4, 7, 9-12, 14, 21, and 23-26 have been cancelled.
Claim Rejections - 35 USC § 112
Claims 8 and 29 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 29 recites the limitation "the polar aprotic solvent" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 29 is interpreted to mean “6.25wt% to 20wt% of dimethylamine, pyrrolidone, or a combination thereof”.
Claim 8 depends from canceled claim 7. Claim 8 is interpreted as depending from claim 6.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3, 5, 13, 15-17, 22, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Hawes (US 20180362781 A1) in view of Manley (US 9868867 B1).
With regard to claims 1, 3, 5, 13, and 28, Hawes discloses a composition for paint removal (see Abstract). Hawes further discloses the composition as comprising 4-90wt% of THF (see [0017]), 0-25wt% of ammonia (see [0018]-[0019]), and 10wt% of methanol (see Table 1).
However, Hawes fails to disclose the composition as comprising water.
Manley discloses a composition comprising cleaning solvents for removing coatings, an analogous art (see Abstract). Manley further discloses the composition may comprise ammonia (see Col 9 line 61-65) and methanol (see Col 12 line 24). Manley further discloses low VOC solvents as desirable due to increased regulations regarding VOC compounds (see Col 2 line 53-55). Manley further discloses water as a low VOC solvent (see Col 2 line 56). Manley further teaches an extender at 10-80wt% and water as a suitable extender (see Col 13 line 16-20).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to utilize the water of Manley in the composition of Hawes as discloses low VOC solvents as desirable due to increased regulations regarding VOC compounds and Manley discloses water as a low VOC solvent.
With regard to claim 15 and claim 16, Hawes discloses paraffin wax at 0-25wt% (see [0018]-[0019]).
With regard to claim 17, Hawes discloses a thickener (see [0018]) and further discloses a cellulose ether thickener at 0.5-2wt% (see [0022]).
Claim 6 and claim 8 are rejected under 35 U.S.C. 103 as being unpatentable over Hawes (US 20180362781 A1) and Manley (US 9868867 B1), as applied to claim 1 above, and in further view of Machac, Jr. (US 6608012 B2).
With regard to claim 6 and claim 8, Hawes and Manley disclose all of the limitations of claim 1.
Machac Jr. discloses compositions for the removal of coatings, such as paint, from surfaces, an analogous art (see Abstract). Machac Jr. further discloses 5-15wt% of glycol ethers (see Col 3 line 49-52). Machac Jr. further teaches glycol ether may be used as a co-solvent in an amount effective to solubilize the components of the mixture (see Col 5 line 3-5).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to utilize the glycol ethers of Machac Jr. in the composition of Hawes and Manley for the purpose of solubilizing the components of the mixture, as disclosed by Machac Jr.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable Hawes (US 20180362781 A1) and Manley (US 9868867 B1), as applied to claim 1 above, and in further view of Charnock (EP 0867482 B1), and as evidenced by Safety Data Sheet DDP Specialty Products Germany (“Methocel 311”).
With regard to claim 18, Hawes and Manley disclose all of the limitations of claim 1.
However, Hawes and Manley are silent as to a hydroxypropyl methyl cellulose, hydroxypropyl cellulose, or a combination thereof as cellulosic thickeners.
Charnock, an analogous art teaching a paint removing composition see Title), teaches Methocel 311 as a thickening agent (see Example 2).
Safety Data Sheet DDP Specialty Products Germany teaches Methocel 311 is hydroxypropyl methylcellulose (which is a cellulose ether).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to use Methocel 311, which is hydroxypropyl methylcellulose, as evidenced by the Safety Data Sheet reference, as the specific cellulose ether thickener as Hawes specifically discloses a cellulose ether thickener and Charnock provides said specific cellulose thickener.
Claim 19 and claim 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hawes (US 20180362781 A1) and Manley (US 9868867 B1), as applied to claim 1 above, and further in view of Vangrasstek (CA 2654120 A1).
With regard to claim 19 and claim 20, Hawes and Manley disclose all of the limitations of claim 1.
However, Hawes and Manley are silent as to a corrosion inhibitor.
Vangrasstek discloses a cleaning composition for removing contaminants, especially paint and overspray (see Abstract). Vangrasstek further discloses the composition may comprise a corrosion inhibitor for the purpose of preventing metal corrosion on metal surfaces that have been cleaned with the aqueous cleaning composition (see page 12 line 1-5).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to utilize the phosphate esters of Vangrasstek in the composition of Hawes and Manley for the purpose of preventing metal corrosion on metal surfaces that have been cleaned with the aqueous cleaning composition, as disclosed by Vangrasstek.
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Hawes (US 20180362781 A1) and Manley (US 9868867 B1), as applied to claim 1 above, and further in view of Power (US 20080139437 A1).
With regard to claim 27, Hawes and Manley disclose all of the limitations of claim 1.
However, Hawes and Manley are silent as to and evaporation retarder.
Power discloses a composition for removing paint (see Abstract). Power further discloses a solvent to hold the ether-containing compound in contact with the substrate (see [0031]). THF is an ether containing compound. Power further discloses suitable solvents as aliphatic and aromatic hydrocarbon solvents (see [0031]). Power further discloses from about 1.0-50.0wt% of solvent (see [0027]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to utilize the solvent of Power in the composition of Hawes and Manley for the purpose of holding the ether-containing compound in contact with the substrate, as disclosed by Power.
Response to Arguments
Applicant’s arguments with respect to claims 1, 3, 5-6, 8, 13, 15-20, 22, and 27-29 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant argues that Power not only fails to teach a paint remover composition having greater than 70 weight percent THTF, Power also fails to teach a composition comprising from 5 weight percent to 20 weigh percent of a polar aprotic coupling solvent as recited in amended claim 1. Applicant further argues that Power also fails to recognize the problem of THF's immiscibility in water in the presence of an amine, and further fails to address the solution to that problem by adding the polar protic coupling solvent as recited in amended claim 1.
As Power is no longer relied upon as primary prior art, Applicant’s arguments regarding Power are moot. Further, as stated above, Hawes discloses a composition for paint removal (see Abstract). Hawes further discloses the composition as comprising 4-90wt% of THF (see [0017]), 0-25wt% of ammonia (see [0018]-[0019]), and 10wt% of methanol (see Table 1).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRITTANY SHARON HARRIS whose telephone number is (571)270-1390. The examiner can normally be reached 7:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew can be reached at (571) 272-2817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/B.S.H./ Examiner, Art Unit 1761
/ANGELA C BROWN-PETTIGREW/ Supervisory Patent Examiner, Art Unit 1761