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 .
Election/Restrictions
Applicant's election with traverse of Group I. in the reply filed on 7/14/2025 is acknowledged. The traversal is on the ground(s) that adequate specificity through reference is not evident. This is not found persuasive because sufficiency is maintained in demonstration of the special technical feature.
The requirement is still deemed proper and is therefore made FINAL.
On closer consideration Group II. has been examined along with group I. and election of species requirement has been withdrawn.
Claims 26, 27, 33 and 34 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected grouping of invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 7/14/2025.
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.
Claim(s) 16-25, 28-32 and 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2019/016205.
WO 2019/016205 discloses polyurethane based compositions as claimed comprising acid materials constituting complexing agents as claimed and tetraalkylammonium salts constituting quaternary ammonium salts to the degrees as defined by the claims {see pages 3-8 and 19-22 and the Examples}.
WO 2019/016205 differs from the claims in that the longer chained quaternary ammonium salts as claimed are not particularly selected. However, these selections are identified for their catalytically effective effect{see page 4}. Accordingly, it would have been obvious for one having ordinary skill in the art to have selected any of the quaternary ammonium salts of WO 2019/016205 including the longer chained quaternary ammonium salts of WO 2019/016205 in forming the preparations of WO 2019/016205 for the purpose of imparting their indicated catalytic effects in order to arrive at the products of applicants’ claims with the expectation of success in the absence of a showing of new or unexpected results.
WO 2019/016205 differs from the claims in that amounts of complexing agent and antimicrobial agent as claimed are not specifically identified. However, overlap in proportional and total allowed for amounts are provided for by WO 2019/016205 {see page 7}. Accordingly, it would have been obvious for one having ordinary skill in the art to have utilized any of the selection of agents provided for by WO 2019/016205 in any proportion and amount provided for by WO 2019/016205 in forming the preparations of WO 2019/016205 for the purpose of imparting their indicated catalytic effects in order to arrive at the products of applicants’ claims with the expectation of success in the absence of a showing of new or unexpected results.
Additionally, the effect of complexing and/or being anti-microbially active to any degree as defined by the claims is an effect that would necessarily follow through providing for the employment of these materials through WO 2019/016205.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. CA-2,720,898 is cited for its disclosure of relevant arrangements of materials and compositions in the related arts.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to John Cooney whose telephone number is 571-272-1070. The examiner can normally be reached on M-F from 9 to 6. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Heidi Riviere Kelley, can be reached on 571-270-1831. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN M COONEY/Primary Examiner, Art Unit 1765