DETAILED OFFICIAL 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 .
Examiner Note
It is noted that all references hereinafter to Applicant’s specification (“spec”) are to the published application US 2023/0117877, unless stated otherwise. Further, any italicized text utilized hereinafter is to be interpreted as emphasis placed thereupon.
Information Disclosure Statement
The information disclosure statement (IDS) filed 22 May 2025 is in compliance with 37 CFR 1.97 and has been considered.
Response to Amendment
The Amendment filed 19 June 2025 in response to the Non-Final Rejection dated 26 March 2025 (hereinafter “NFOA”), and the Amendment filed 20 November 2025 in response to the Notice of Non-Compliant Amendment (37 CFR 1.121) dated 02 October 2025 (hereinafter “NNCA”), have been entered. Claims 4 and 24 have been canceled; claims 1, 16 and 23 have been amended; claim 10 has been corrected in accordance with the issues identified on the NNCA; and new claims 27-28 have been added. As such, claims 1-3, 5-17, 22-23, and 27-28 remain pending and under consideration on the merits.
The amendments to the claims have overcome the rejection of claims 1, 3, 5-9, and 12 under 35 U.S.C. 103 over Morohoshi [NFOA, ¶20-28], the rejection of claims 1, 3, 5-7, 9, and 12 under 35 U.S.C. 103 over Meissner incorporating therein Meissner ‘024 [NFOA, ¶29-36], the rejection of claim 23 under 35 U.S.C. 103 over Meissner in view of Meissner ‘024 [NFOA, ¶37-42], and the rejection of claims 1-17 and 22-24 under 35 U.S.C. 103 over O’Brien, with Kagata relied upon as evidence for the rejections of claims 2 and 14 [NFOA, ¶43-71]. As such, the 103 rejections have been withdrawn.
New grounds of rejection are set forth herein, necessitated by the amendments to the claims and made in view of newly cited prior art identified as a result of updated search and additional consideration completed by the undersigned Examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-3, 5-17, 22-23, and 27-28 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 1, the limitation “(ii) an ethylenically unsaturated monomer comprising a hydroxyl functional monomer” renders the claim indefinite, as the limitation is ambiguous which leads to uncertainty/confusion regarding how it should be interpreted and thereby renders the metes and bounds of the scope of the claim unclear. Specifically, it is unclear if the (ii) limitation (1) requires the presence of two monomers, i.e. an ethylenically unsaturated monomer and an ethylenically unsaturated monomer which exhibits hydroxyl functionality, or if it (2) requires that the ethylenically unsaturated monomer exhibit hydroxyl functionality (i.e. the presence of only a single monomer which is both ethylenically unsaturated and hydroxyl functional), or if it (3) requires the presence of an ethylenically unsaturated monomer and any monomer which exhibits hydroxyl functionality (but is not necessarily required to exhibit any degree of ethylenic unsaturation).
For examination on the merits, limitation (ii) of claim 1 is interpreted in accordance with aforesaid interpretation (1) or (2), i.e. interpreted as requiring (1) the presence of two monomers, each of which is ethylenically unsaturated and one of which is hydroxyl functional, or requiring (2) the presence of one ethylenically unsaturated monomer which exhibits hydroxyl functionality. The aforesaid interpretations (1) or (2) are in accordance with Applicant’s specification – see [0033, 0043, 0471]. Clarification by amendment is respectfully suggested/requested.
Regarding claims 5-6, which recite “wherein the ethylenically unsaturated monomer comprises styrene, one or more of vinyl ether monomer(s), vinyl acetate or combinations thereof” and “wherein the ethylenically unsaturated monomer comprises styrene”, respectively, are indefinite as it is unclear – in view of the rejection of claim 1 above – whether the monomers recited in claims 5 and 6 are required to exhibit hydroxyl functionality, or are required to be present in addition to an ethylenically unsaturated monomer which exhibits hydroxyl functionality. In view of the rejection and corresponding interpretations of claim 1 set forth above, claims 5 and 6 are interpreted in accordance with interpretation (1) or (2) above, specifically, wherein (1) the recited monomers (e.g. styrene) are either required to be present (as the ethylenically unsaturated monomer) in addition to a hydroxyl functional ethylenically unsaturated monomer, or (2) the recited monomers themselves are required to exhibit hydroxyl functionality (e.g. hydroxystyrene would read on claim 1, and each of claims 5 and 6 under interpretation (2)).
Regarding claim 28, it is noted that claim 16, which recites “A package coated on at least a portion thereof with a coating deposited from the coating composition of claim 13”, is directed to a final/finished/semi-finished product, i.e. where the “coating” of the package has been “deposited from” the composition. In other words, the “coating” of the package is understood by the Examiner to be a layer in a cured or semi-cured state (e.g. cured, crosslinked, and/or solvent/water/volatile-substances evaporated) wherein the components of the composition (claim 13) have been completely/substantially reacted or reacted to at least some degree, such that at least one functional group of the crosslinking material has formed a covalent bond with, or engages in another form of chemical bonding with, the film-forming resin and/or other component(s) which may have been present in the composition. In other words, the crosslinking material is not present in the coating as a non-reactant or in the form of a non-reacted material, but rather, has undergone one or more chemical reactions to form the aforesaid bond(s) and is therefore different/distinct from the crosslinking material present in the coating composition of claim 13.
In view thereof, it is noted that claim 28 is dependent upon claim 16 (“A package”), but is directed to limitation of the coating composition and thus not the “coating” (layer) on the package – specifically, claim 28 states “The package of claim 16, wherein the coating composition comprises 5 to 30 wt.% of the crosslinking material based on the total solid weight of the coating composition”.
Given that the crosslinking material of the composition of claim 13 crosslinks the film-forming resin and other components which may be present in the composition to at least some degree during/upon formation of the coating layer – as is clear from the plain meaning of the word “crosslinking”, as disclosed throughout Applicant’s specification, and as established in ¶12 above – the structure/form of the [crosslinking] material subsequent said crosslinking in the coated layer of the package defined by claim 16 is distinct/differs from the pre-crosslinking [crosslinking] material present in the composition prior to formation of the coating layer, and the relative weight of the crosslinked [crosslinking] material in the layer (post-crosslinking) is not necessarily equivalent to or within the amount range of the crosslinking material in the composition (pre-crosslinking) as defined by claim 28 in light of the plain meaning of the language utilized. Therefore, the effect(s), and extent(s) thereof, on the coating layer of the package of claim 16 as limited by dependent claim 28 are not readily determinable by one of ordinary skill in the art – the metes and bounds of the scope of the package defined by claim 28 for which patent protection is sought are unclear and, as such, claim 28 is indefinite. See MPEP 2173, MPEP 2173.01(I), and MPEP 2173.02(III)(A) and (III)(B). Further, see MPEP 2173.05(f) – “Where the format of making reference to limitations recited in another claim results in confusion, a rejection would be proper under 35 U.S.C. 112(b)”.
In accordance with MPEP 2173.06(I), and in an honest effort to facilitate compact/expedient prosecution, claim 28 is interpreted for examination on the merits in accordance with the following amendment, of which is respectfully suggested by the Examiner to resolve the indefiniteness issue(s) identified above:
[claim 28] The coating composition according to claim 13, comprising 5 to 30 wt.% of the crosslinking material based on the total solids weight of the coating composition.
Claims 2-3, 5-17, 22-23, and 27-28 are indefinite and rejected under 35 U.S.C. 112(b) as they are directly or ultimately dependent upon claim 1 and therefore include, and do not remedy the indefiniteness issue(s) identified above.
Appropriate action is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3, 5-6, and 12-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tashiro et al. (US 2008/0268374; “Tashiro”) (newly cited).
Regarding claim 1, Tashiro discloses a copolymer (or terpolymer) utilized as a binder component for a photosensitive composition, said copolymer formed from maleic anhydride and an aromatic vinyl monomer(s) such as styrene and/or a styrene derivative, wherein the anhydride groups of the copolymer are reacted with a primary amine compound to form maleic acid-half amide repeat units (maleamic acid repeat units) – the maleamic acid repeat units include a monocarboxylic acid functional group (–COOH) and amide functional group (–C(=O)NR1R2, R1 is H)) [0001, 0011, 0019-0022, 0034, 0348-0350].
The aforesaid copolymer (or terpolymer), which is a poly(maleamic acid-co-vinyl aromatic) copolymer, suitably exhibits an acid value of (most preferred) 100 to 180 mg KOH/g [0022, 0206], and a preferred weight average molecular weight of 2,000 to 300,000 [0199]. The vinyl aromatic monomer which forms the vinyl aromatic repeat unit of the copolymer is suitably styrene and/or, inter alia hydroxystyrene [0170-0173, 0181] (i.e. 4-hydroxystyrene, i.e. 4-vinylphenol) (see MPEP 2131.02(II)). Thus, the copolymer is, inter alia a poly(maleamic acid-co-hydroxystyrene) copolymer, or alternatively a poly(maleamic acid-co-hydroxystyrene-co-styrene) terpolymer.
The aforesaid acid value of the copolymer or terpolymer is within the claimed range of at least 100 mg KOH/g (see MPEP 2131.03). The maleic anhydride reads on claimed component (i) of the reaction mixture; the hydroxystyrene monomer of the copolymer reads on claimed component (ii) of the reaction mixture, in accordance with the spec [0034, 0039] and under interpretation (2) (see ¶9-10 above), and in the alternative the hydroxystyrene and styrene monomers of the terpolymer read on claimed component (ii) of the reaction mixture, in accordance with the spec and under interpretation (1) (see ¶9-10 above). The primary amine reacted with the anhydride groups of the maleic anhydride (repeat units) reads on claimed component (iii), and the reaction of the anhydride groups with the primary amine (resulting in formation of the maleamic acid repeat units) reads on “wherein at least a portion of the cyclic unsaturated acid anhydride and/or diacid derivative thereof is reacted with the alcohol, amine, and/or thiol”, also in accordance with the spec [0079-0087].
In view of the foregoing, the poly(maleamic acid-co-hydroxystyrene) binary copolymer, or alternatively the poly(maleamic acid-co-hydroxystyrene-co-styrene) terpolymer disclosed by Tashiro anticipate the crosslinking material defined by each and every limitation of claim 1.
Regarding claim 3, the rejection of claim 1 above reads on the crosslinking material defined by claim 3 – the cyclic unsaturated acid anhydride which is reacted with the primary amine compound is maleic anhydride.
Regarding claim 5, as set forth in the rejection of claim 1 above, Tashiro discloses that the vinyl aromatic repeat unit (i.e. of the terpolymer) may be a combination of hydroxystyrene and styrene, the latter of which reads on the claimed species “styrene” (claim 5) under the aforesaid interpretation (1).
Alternatively, the vinyl aromatic repeat unit (i.e. of the copolymer) being hydroxystyrene reads on the claimed species “styrene” (claim 5) under the aforesaid interpretation (2).
Regarding claim 6, the rejection of claim 5 above is incorporated herein by reference and reads on the crosslinking material defined by claim 6, under both interpretation (1) and (2).
Regarding claim 12, in view of the rejection of claim 1 above, Tashiro does not explicitly disclose, or otherwise imply or suggest, the use or formation of formaldehyde in forming or utilizing the aforesaid copolymer or terpolymer. As such, the copolymer or terpolymer disclosed by Tashiro is reasonably interpreted as being free of, or substantially free of, formaldehyde, thereby anticipating and reading on the crosslinking material as defined by claim 12.
Regarding claim 13, in view of the rejection of claim 1 above, Tashiro discloses the photosensitive composition inclusive of the binder (the aforesaid copolymer or terpolymer), a polymerizable compound, and a photopolymerization initiator [Abstract; 0011, 0157, 0332], wherein the polymerizable compound may be one or more monomers or oligomers, such as a vinyl monomers or oligomers having a hydroxyl group in the molecule [0208, 0212, 0247-0248, 0254, 0257-0259, 0367-0369] such as, inter alia 2-hydroxyethyl (meth)acrylate [0212]. The photosensitive composition reads on the claimed coating composition; the aforesaid polymerizable compound reads on the claimed film-forming resin comprising a functional group having an active hydrogen atom; and the aforesaid copolymer or terpolymer – which read on the crosslinking material as defined by claim 1 – reads on the crosslinking material, each as defined by claim 13.
Claim Rejections - 35 USC § 103
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 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Tashiro as applied to claim 1 under 35 U.S.C. 102(a)(1) above.
Claims 2 and 14, respectively, are rejected under 35 U.S.C. 103 as being unpatentable over Tashiro as applied to claims 1 and 13, respectively, under 35 U.S.C. 102(a)(1) above.
Kagata et al. (US 2016/0244626; “Kagata”) (previously cited) and Overstreet et al. (US 2010/0256720; “Overstreet”) (newly cited) are relied upon as evidence in support of the rejections of claim 2 and claim 14.
Regarding claim 9, as set forth above in the rejection of claim 1 under 102(a)(1), the acid value of the copolymer or terpolymer of Tashiro is (most preferably) 100 to 180 mg KOH/g, of which encompasses the lower bound of, and is within the upper bound of the claimed range of 120 to 500 mg KOH/g, thereby overlapping the claimed range and rendering it prima facie obvious (see MPEP 2144.05(I)).
Regarding claim 10, in view of the rejection of claim 1 above under 102(a)(1), Tashiro discloses that the vinyl aromatic monomer repeat units, formed from hydroxystyrene (and/or styrene), may define 20 to 60 mol% of the copolymer (or terpolymer) (which exhibits an acid value of 100 to 180 mg KOH/g) utilized as the binder component [0364].
Given that the hydroxyl functionality of the vinyl aromatic repeat unit hydroxystyrene is 1 (i.e. 1 hydroxyl group per repeat unit of hydroxystyrene) and the carboxyl (acid) functionality of the maleamic acid repeat units is 1 (i.e. 1 carboxyl group per repeat unit of maleamic acid), thereby defining a 1:1 ratio of hydroxyl to carboxyl functionality (vinyl aromatic repeat unit to maleamic acid repeat unit) exhibited by the aforesaid copolymer; and given that the copolymer may be formed from equimolar amounts of vinyl aromatic repeat units and maleamic acid repeat units, or may be formed such that the vinyl aromatic repeat units (mol%) are present in an amount greater than the maleamic acid repeat units, it stands to reason that the copolymer of Tashiro would have necessarily exhibited a hydroxyl value of greater than or equal to 10 mg KOH/g, or exhibited a hydroxyl value overlapping with/encompassing the claimed range of greater than or equal to 10 mg KOH/g (thereby rendering the range obvious in view of MPEP 2144.05(I)), absent a showing of factually supported objective evidence to the contrary. See MPEP 2112(IV) and (V); MPEP 2112.01(I) and (II); MPEP 2145; and MPEP 2145(I).
Regarding claim 11, as set forth above in the rejection of claim 1 under 102(a)(1), the copolymer or terpolymer exhibits a weight average molecular weight of 2,000 to 300,000. In view of the weight average molecular weight range of the copolymer or terpolymer, in particular the lower bound thereof in relation to its proximity to the claimed number average molecular weight range (being within the lower bound, and encompassing the upper bound thereof), and in the absence of a showing of factually supported objective evidence to the contrary, there is a reasonable expectation that the aforesaid copolymer or terpolymer – having a weight average molecular weight as low as 2,000 – would have necessarily exhibited a number average molecular weight (or range thereof) which would have been within, overlapped with, or encompassed the claimed range of 1,000 to 5,000 Da, thereby rendering the range prima facie obvious. See MPEP 2144.05(I); MPEP 2112(IV) and (V); MPEP 2112.01(I) and (II); MPEP 2145; and MPEP 2145(I).
Regarding claims 2 and 14, in view of the rejection of claim 1 above, the rejection of claim 9 above is incorporated herein by reference (not repeated for sake of brevity). In accordance therewith, the disclosure of Tashiro reasonably encompasses embodiments of the poly(maleamic acid-co-hydroxystyrene) copolymer or poly(maleamic acid-co-hydroxystyrene-co-styrene) terpolymer formed from equimolar amounts of the maleamic acid repeat units and hydroxystyrene and/or styrene repeat units, i.e. 50 mol% and 50 mol%, respectively, relative to 100 mol% total repeat units of the copolymer. Similarly, and for the basis of the calculation(s) below, Tashiro reasonably encompasses embodiments of the poly(maleamic acid-co-hydroxystyrene-co-styrene) terpolymer formed from 50 mol% maleamic acid repeat units, 25 mol% hydroxystyrene repeat units, and 25 mol% styrene repeat units.
In view of the foregoing, it is noted that the molecular weight (g/mol) of hydroxystyrene is about 120 g/mol, and the Tg (of the homopolymer formed from hydroxystyrene) is 174° C [Overstreet, 0050] (about 447 K), and the molecular weight and Tg (homopolymer) of styrene are about 104 g/mol and 100° C (about 373 K), respectively [Overstreet, 0050]. Further, the approximate molecular weight of a maleamic acid repeat unit formed from maleic anhydride and, e.g. methylamine [Tashiro, 0361] is about 129 g/mol, and – for the purpose of calculation – the Tg of the repeat unit may be approximated to that of maleic acid, i.e. about 130° C [Kagata, 0045] (about 403 K).
Thus, through calculation, the aforesaid copolymer formed from 50 mol% maleamic acid repeat units (methylamine utilized as primary amine compound) and 50 mol% hydroxystyrene is determined to be approximately 52 wt.% maleamic acid repeat units and 48 wt.% hydroxystyrene repeat units. The glass transition temperature of the aforesaid poly(maleamic acid-co-hydroxystyrene) copolymer can be calculated by 1/Tg=W1/Tg1+W2/Tg2, wherein Wn is the mass fraction of the monomer in the copolymer, and Tgn is the corresponding Tg of the homopolymer formed from the corresponding monomer (in units Kelvin), as evidenced by Kagata [0044-0046]. In view thereof, through calculation the Tg of said poly(maleamic acid-co-hydroxystyrene) copolymer is determined to be approximately 144° C, of which is within the claimed range of at least 50° C defined by each of claims 2 and 14. As such, the Tg of said copolymer would have necessarily been within the claimed range, and/or the claimed range would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention in view of the exemplary calculation based on the disclosure of Tashiro and evidenced provided/relied upon. See MPEP 2144.05(I); MPEP 2112(V); MPEP 2112.01(I) and (II); MPEP 2145; and MPEP 2145(I).
In view of the foregoing and in the alternative, the aforesaid terpolymer formed from 50/25/25 mol% maleamic/hydroxystyrene/styrene repeat units (reasonably encompassed within disclosure of Tashiro), with methylamine utilized as primary amine compound, is determined to be approximately 53.5 wt.% maleamic acid units, 24.9 wt.% hydroxystyrene units, and 21.6 wt.% styrene units. Through calculation, the Tg of said poly(maleamic acid-co-hydroxystyrene-co-styrene) terpolymer is approximately 137° C, of which is within the claimed range of at least 50° C defined by each of claims 2 and 14. As such, the Tg of said terpolymer would have necessarily been within the claimed range, and/or the claimed range would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention in view of the exemplary calculation based on the disclosure of Tashiro and evidenced provided/relied upon. See MPEP 2144.05(I); MPEP 2112(V); MPEP 2112.01(I) and (II); MPEP 2145; and MPEP 2145(I).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Tashiro as applied to claim 1 under 35 U.S.C. 102(a)(1) above, further in view of Chang (US 5,100,735; “Chang”) (newly cited) and Rechenberg et al. (US 2003/0166787; “Rechenberg”) (newly cited).
Regarding claims 7-8, in view of the rejection of claim 1 above, Tashiro discloses that the amide functional group (–C(=O)NHR2) of the maleamic acid (maleic acid-half amide) repeat unit of the copolymer/terpolymer [0348-0356; Formula (74), Repeat Unit B] – formed via reaction of the primary amine with maleic anhydride (precursor to the maleamic acid repeat unit) – is a secondary amide, wherein R2 is suitably an alkyl group such as, inter alia an ethyl group (–CH2CH3) [0350, 0355-0356], resultant from use of ethylamine as the primary amine in said reaction [0361-0363].
Further, Tashiro explicitly discloses that the aforesaid ethyl group (R2) may include a substituent [0355]. Furthermore, Tashiro discloses/recognizes, and reasonably teaches, that the binder (copolymer or terpolymer) may exhibit both carboxyl functionality and hydroxyl functionality [0171] (discloses use of monomers containing a hydroxy group, such as 2-hydroxyethyl(meth)acrylate, hydroxystyrene, with maleic anhydride) [0169, 0171, 0174].
However, Tashiro is silent regarding said primary amine exhibiting hydroxyl functionality (claim 7).
Chang teaches/evidences, as is well recognized by one of ordinary skill in the art, that ethanolamine (NH2CH2CH2OH) is a functionally equivalent primary amine to, inter alia ethylamine (NH2CH2CH3) [col. 2 ln. 64–col. 3 ln. 16], while also exhibiting hydroxyl functionality. It is noted that in addition to ethylamine, Chang names benzylamine, butylamine, sec. butylamine, tert. butylamine, methylamine, and octylamine as suitable primary amines (utilized as neutralizers) [col. 2 ln. 64–col. 3 ln. 16], each of which are also named/recognized by Tashiro [0361-0363]. Chang is directed to waterborne base-coating compositions including a film-forming acrylic polymer binder neutralized with a primary amine, and a crosslinker [Abstract; col. 1 ln. 30-48; col. 1 ln. 63–col. 3 ln. 16] and thereby constitutes prior art which is directly analogous to the claimed invention.
Rechenberg teaches that ethanolamine was known/recognized as a suitable primary amine (reactant) to transform (convert) the functional groups of acrylic/acrylate copolymers – which function as a crosslinker in a composition alongside a film-forming, functional group-containing polymer, e.g. functional group-containing acrylic copolymer [0024-0029, 0031-0035, 0038-0047, 0050, 0054, 0066, 0068, 0070-0071, 0074] – to N-substituted amide groups, e.g. N-hydroxyethylamide groups (–C(=O)NHCH2CH2OH) exhibiting hydroxyl functionality [0018, 0025, 0066-0067]. In view of the aforecited disclosure, Rechenberg constitutes prior art which is directly analogous to the claimed invention.
Given that Tashiro explicitly discloses that R2 is suitably an ethyl group via the primary amine reacted with the anhydride group being ethylamine, explicitly discloses that said ethyl group may be substituted, and recognizes/teaches that the copolymer/terpolymer (binder) may include hydroxyl-functionality (e.g. hydroxystyrene, 2-hydroxyethyl(meth)acrylate), in view of the combined teachings of the foregoing prior art, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the copolymer/terpolymer of Tashiro (binder component) by having utilized ethanolamine as the primary amine in place of, or in addition to, ethylamine, as ethanolamine would have been recognized as suitable for the intended use as the primary amine reacted with the maleic anhydride (precursor) repeat unit to form the maleamic acid repeat unit and provide functionality thereto, and/or functionally equivalent to ethylamine for the aforesaid intended use, and/or to impart and/or increase the total hydroxyl functionality of the copolymer/terpolymer. See MPEP 2144.06(I) and (II), MPEP 2144.07.
In accordance with the aforesaid modification, the primary amine reacted with the maleic anhydride repeat unit to form the maleamic acid repeat unit (Unit B, i.e. maleic acid-half amide repeat unit) of the copolymer/terpolymer of Tashiro would have been ethanolamine, or a combination of ethanolamine and ethylamine, thereby resulting in at least some of R2 being CH2CH2OH, i.e. the amide functional group of the maleic acid-half amide repeat unit [0350; Formula (74)] being hydroxyethylamide (–C(=O)NHCH2CH2OH). Thus, ethanolamine – utilized as the primary amine alone or in part – reads on the crosslinking material defined by each of claims 7-8 (wherein the amine is hydroxy functional, claim 7; wherein the alcohol comprises ethanol). Regarding claim 8, ethanolamine is readily recognized as both a primary amine and a primary alcohol, and thereby reads on the ”alcohol” defined by claim 1, component (iii) in the alternative or in addition to the “amine”, and reads on “comprises ethanol” as defined in claim 8.
Claims 1-3, 5-6, 8-14, 16-17, 22-23, and 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Hamada et al. (JP 2015-196812; “Hamada”), in view of Nagai et al. (JP 2002-060673; “Nagai”) and/or Hanaoka et al. (US 2010/0040793; “Hanaoka”); optionally further in view of Guo et al. (US 2005/0206703; “Guo”) (all references newly cited; copies and machine translations of Hamada and Nagai provided herewith, translations relied upon). Kagata and Overstreet are relied upon as evidentiary references in support of the rejections of claims 2 and 14.
Regarding claim 1, Hamada discloses an aqueous coating composition (“composition”) suitable for coating metal food/beverage cans, wherein the coating composition does not generate formaldehyde upon curing and forms coated films exhibiting excellent water resistance, retort resistance, solvent resistance, and adhesion [0001, 0007, 0018-0020, 0132, 0136, 0178].
The composition includes a copolymer (B2) formed from maleic anhydride, styrene, and an additional monomer (selected from disclosed (a1) to (a3)) that is, inter alia 2-hydroxyethyl (meth)acrylate or 4-hydroxystyrene [0008-0009, 0015, 0022-0023, 0027, 0029, 0046-0049] (see MPEP 2131.02(II); MPEP 2144.07), wherein (some, or all of) the anhydride groups of the repeat unit formed from maleic anhydride are reacted with at least a monofunctional alcohol (b1), preferably in combination with a monofunctional alcohol (b2), to open the ring and form a half-ester, i.e. one monocarboxylic acid group (–C(=O)OH) and one monoester of the alcohol(s) (–C(=O)OR) [0015-0016, 0046-0047, 0049]. Monofunctional alcohol (b1) is, inter alia ethanol (R is –CH2CH3) [0016, 0049-0055].
The copolymer (B2) functions as a crosslinker in the coating composition – the monoester groups formed from reaction of the anhydride groups with ethanol (b1) function as crosslinking reaction sites during film-formation [0053], and if present, the monoester groups alternatively formed from alcohol (b2) contribute to adhesion of the film to the substrate [0053]; the monocarboxylic acid groups, and the anhydride groups of the non-esterified repeat units (if present), also function as crosslinking reaction sites with hydroxyl and carboxyl groups of an acrylic (co)polymer (A) [0015, 0021-0045] included in the composition with said copolymer (B2) [0047, 0053, 0060, 0128].
The copolymer (B2) exhibits a weight-average molecular weight (Mw) of 1,000 to 10,000 [0048]; the maleic anhydride repeat units (half-esterified, and non-esterified if present) define 10-50 mol% of (B2) relative to total monomeric units forming (B2) [0047]; and if monofunctional alcohol (b2) is utilized in addition to (b1), the molar ratio of (b1):(b2) may range from 2:8 to 8:2 [0055].
The copolymer (B2) of Hamada reads on the crosslinking material defined by claim 1 as follows:
maleic anhydride reads on (i) a cyclic unsaturated acid anhydride and/or diacid derivative thereof
the monofunctional alcohol (b1) reads on (iii) an alcohol, amine and/or thiol
the half-ester repeat units read on wherein at least a portion of the cyclic unsaturated acid anhydride and/or diacid derivative thereof is reacted with the alcohol, amine and/or thiol
the styrene repeat units read on (ii) an ethylenically unsaturated monomer
the 2-hydroxyethyl (meth)acrylate or 4-hydroxystyrene repeat units read on (ii) ethylenically unsaturated hydroxyl functional monomer (see interpretation (1), ¶9-10 above).
With respect to the difference relative to the crosslinking material defined by claim 1, Hamada does not explicitly disclose the acid number of the copolymer (B2) being at least 100 mg KOH/g.
However, it is noted that the Mw (1,000 to 10,000) of copolymer (B2) is substantially identical to that disclosed within Applicant’s spec [0128]; and the amount (10-50 mol%) of the half-ester repeat units (which contribute to the acid functionality of the copolymer) is within, or overlaps with, the amount of crosslinking material component (i) disclosed in the spec in terms of weight percent, and in terms of molar ratio relative to the other/additional (ethylenically unsaturated) monomers [0046-0059].
Nevertheless, Nagai teaches that the acid value of the half-ester repeat unit-containing copolymer (copolymer crosslinker; disclosed/designated as “copolymer (A)” by Nagai) – which exhibits a Mw of 1,500 to 10,000 and also exhibits hydroxyl functionality – is preferably in the range of 50 to 240 mg KOH/g, preferably at least 100 mg KOH/g [0025]. It is readily recognized, and explicitly disclosed by Hamada as set forth/cited above, that the capability (and degree thereof) of the copolymer to crosslink with functional groups present in an additional polymer (e.g. hydroxyl groups) included in the coating composition is directly dependent upon, inter alia the total amount of carboxylic acid functional groups and acid anhydride groups of the copolymer crosslinker.
The half-ester repeat unit-containing copolymer of Nagai is formed from (a) half-esterified maleic anhydride repeat units (anhydride ring reacted with ethanol), 5-40 wt.%; (b) carboxyl-functional ethylenically unsaturated monomer repeat units, 5-70 wt.%; and (c) hydroxyl-functional ethylenically unsaturated monomer repeat units (2-hydroxyethyl (meth)acrylate), 2-20 wt.%; and optionally (d) additional monomers (styrene, vinyl acetate), 0-80 wt.% [0012, 0015-0025]. Nagai teaches that the hydroxyl functionality of the copolymer is resultant from repeat units (c), wherein the hydroxyl functionality improves recoat adhesion and improves crosslinking capability overall contributing to improved curability of the composition [0022].
Nagai is directed to coating compositions suitable for coating metal objects to form a coated film thereon which imparts acid resistance and scratch resistance thereto [0001, 0004, 0057-0058, 0111], said compositions including, inter alia the aforesaid half-ester repeat unit-containing copolymer (“copolymer A” as disclosed/designated by Nagai) and a carboxyl-functional polyester (“B”) [0005, 0026-0028]. Nagai constitutes prior art which is directly analogous to the claimed invention.
Hanaoka discloses a half-ester repeat unit-containing copolymer (disclosed/designated as “Half-Esterified Acid Anhydride Group-Containing Vinyl Polymer (B-1)”), formed from maleic anhydride (5-40 wt.%), and styrene and/or vinyl ethers and/or hydroxy-functional vinyl monomers such as 2-hydroxyethyl (meth)acrylate (60-95 wt.%), wherein the anhydride ring is half-esterified with a monofunctional alcohol (e.g. ethanol) resulting in a monocarboxylic acid group and a monoester group [0049-0067]. The copolymer “(B-1)” is included in a coating composition with a film-forming functional acrylic resin (C) and additional components and functions therein as a crosslinker, wherein the coating composition is applied and cured on metal substrates to impart scratch resistance, acid resistance, stain resistance, gloss, and smoothness thereto [Abstract; 0001, 0007, 0011, 0104-0109, 0112-0116, 0145].
Hanaoka teaches that in order to obtain coated films exhibiting/imparting the aforesaid properties on/to the metal substrate, the aforesaid copolymer (B-1) suitably exhibits an acid value of 50-250 mg KOH/g, preferably 100-200 mg KOH/g; additionally, the number-average molecular weight (Mn) of (B-1) is suitably 1,000 to 10,000, preferably about 1,200 to about 7,000 [0067]. In view of the aforecited disclosure/teachings, Hanaoka constitutes prior art which is directly analogous to the claimed invention.
Guo teaches that commercially-available half-esterified styrene-maleic anhydride (SMA) copolymers formed by reaction (ring opening) of the anhydride groups with an alcohol [0037-0049] and having a molecular weight of about 300 to 50,000, exhibit acid values of over 100 mg KOH/g, such as, e.g. 185 mg KOH/g (Sartomer SMA® 1440) or 220 mg KOH/g (Sartomer SMA® 2625) [0048, 0063-0065; Table 2], wherein said acid values are relatively lower in comparison to the acid value of an SMA copolymer which is not subject to half-esterification of the anhydride group, e.g. 480 mg KOH/g (Sartomer SMA® 1000) [0039, 0048, 0064-0065; Table 2].
In view of the combined teachings of Hamada and Nagai and/or Hanaoka, optionally also in view of Guo, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified copolymer (B2) of Hamada by having adjusted the acid value thereof (e.g. increased/decreased amount of maleic anhydride (precursor) repeat unit, increased/decreased overall degree of half-esterification of the anhydride groups) to be 100 mg KOH/g or greater, such as 200 mg KOH/g or 250 mg KOH/g, in order to have predictably achieved a predetermined/desired/higher/lower degree of crosslinking capability exhibited by (B2); and/or in order to have imparted (or improved) scratch resistance, acid resistance, stain resistance, gloss, and/or smoothness to the coated film formed from the coating composition of Hamada.
In accordance with the aforesaid modification, the copolymer (B2) of the coating composition of Hamada (hereinafter “modified Hamada”) would have included all of the elements/features set forth/cited above (¶51-55), wherein the acid value of the copolymer would have been 100 mg KOH/g or greater, e.g. 200 mg KOH/g. As such, the copolymer (B2) of modified Hamada reads on the crosslinking material defined by each and every of claim 1.
Regarding claim 2, in view of the rejection of claim 1 above – and in view of ¶38-41 above and corresponding evidence provided by Overstreet and Kagata (¶38-41 incorporated herein by reference) – modified Hamada reasonably encompasses embodiments of the copolymer (B2) formed from, e.g. 50 mol% repeat units of half-esterified maleic anhydride (monoester of ethanol), 49 mol% styrene repeat units, and 1 mol% hydroxystyrene repeat units. The Tg of the aforesaid exemplary copolymer (B2) may be approximately calculated from 1/Tg=W1/Tg1+W2/Tg2+W3/Tg3 utilizing the following repeat unit molecular weights and homopolymer Tg for each of the foregoing monomeric repeat units of (B2):
half-esterified (with ethanol) MAH unit (144 g/mol, 403 K*), *Tg approximated to that of maleic acid
styrene repeat unit (104 g/mol, 373 K)
hydroxystyrene repeat unit (120 g/mol, 447 K).
The Tg of the exemplary copolymer (B2) – wherein 50 mol% half-esterified MAH, 49 mol% styrene, and 1 mol% hydroxystyrene corresponds by calculation to approximately 58 wt.%, 41 wt.%, and 1 wt.%, respectively – is determined to be approximately 112° C (385 K), of which is within the claimed range of at least 50° C.
Similarly, the embodiments of the copolymer (B2) encompassed by modified Hamada include, e.g. copolymer (B2) formed from 50 mol% half-esterified MAH repeat units, 1 mol% styrene repeat units, and 49 mol% 2-hydroxyethyl methacrylate repeat units (130 g/mol, 328 K), said copolymer (B2) having a calculated Tg of approximately 97° C (370 K), of which is also within the claimed range of at least 50° C.
Additionally, the embodiments encompass, e.g. copolymer (B2) formed from 50 mol% half-esterified MAH, 1 mol% styrene, and 49 mol% 2-hydroxyethyl acrylate (116 g/mol, 258 K) [Kagata, 0045], said copolymer (B2) having a calculated Tg of approximately 49° C (322 K), of which is very close to, albeit less than the lower bound of the claimed range (at least 50° C).
In view of at least the three exemplary copolymers (B2) and calculated Tg set forth above (112° C, 97° C, 49° C) and encompassed within the disclosure/teachings of modified Hamada, one of ordinary skill would have found the claimed Tg range of at least 50° C prima facie obvious prior to the effective filing date of the claimed invention. See MPEP 2144.05(I). As such, the copolymer(s) (B2) of modified Hamada set forth above (not limited to the three exemplary embodiments provided for the purpose of illustrating the Tg calculation and scope of the encompassed copolymer embodiments) reads on the crosslinking material defined by claim 2.
Regarding claim 3, the rejection of claim 1 above reads on the crosslinking material defined by claim 3.
Regarding claims 5-6, the rejection of claim 1 above reads on each crosslinking material defined by claims 5-6 respectively. That is, the copolymer (B2) of modified Hamada includes styrene repeat units, and repeat units formed from 2-hydroxyethyl (meth)acrylate or 4-hydroxystyrene (hydroxyl functional ethylenically unsaturated monomer) – see ¶9-10 above.
Regarding claim 8, the rejection of claim 1 above reads on the crosslinking material defined by claim 8. The monofunctional alcohol (b1) is ethanol.
Regarding claim 9, the rejection of claim 1 above reads on the crosslinking material defined by claim 9. Copolymer (B2) of modified Hamada would have exhibited an acid value of 100 mg KOH/g or greater, such as 200 mg KOH/g or greater, each of which overlap with and thereby render prima facie obvious the claimed range of from 120 to 500 mg KOH/g (see MPEP 2144.05(I)).
Regarding claim 10, in view of the rejection of claim 1 above, modified Hamada is silent regarding copolymer (B2) exhibiting a hydroxyl number of greater than or equal to 10 mg KOH/g, as claimed.
However, it is noted that the styrene repeat units and the (hydroxy functional ethylenically unsaturated) additional monomer repeat units, e.g. 2-hydroxyethyl (meth)acrylate or hydroxystyrene, constitute 50-90 mol% of all the monomeric repeat units forming (B2) (maleic anhydride half ester defines 10-50 mol%).
As set forth above (¶59), Nagai teaches that the hydroxy-functional ethylenically unsaturated monomer repeat units (e.g. 2-hydroxyethyl (meth)acrylate) define 2-20 wt.% relative to the total weight of all monomeric repeat units forming the copolymer, which provides for the hydroxyl group functionality exhibited by the copolymer and which is directly attributed to improved (coated film) adhesion, improved crosslinking capability, and improved curability. Nagai teaches that the hydroxyl group equivalent weight (g/eq) of the copolymer is from 580-7,200, at a Mw of 1,500-10,000 and having the aforecited acid value of 50-240 mg KOH/g [Nagai, 0025].
In view of the combined teachings of the foregoing prior art, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to have modified the copolymer (B2) of modified Hamada by having utilized 2-20 wt.% of the 2-hydroxyethyl (meth)acrylate or 4-hydroxystyrene repeat units relative to the total weight of all monomeric repeat units forming B2, in order to have improved adhesion between the coated film and corresponding substrate and/or improved the crosslinking capability of the copolymer and/or improved the curability of the coating composition.
In accordance therewith, copolymer (B2) of modified Hamada (10-50 mol% maleic anhydride half-ester repeat units) would have comprised 2-20 wt.% of the aforesaid hydroxyl functional ethylenically unsaturated monomeric repeat units relative to total weight of all monomeric repeat units.
Applicant’s spec indicates that the hydroxyl functional ethylenically unsaturated monomer – which may be, inter alia one or both of 2-hydroxyethyl (meth)acrylate and hydroxystyrene [0033-0034] – may define from 2.5 wt.% to 50 wt.% relative to the total weight of all monomers forming the crosslinking material [0036-0037], wherein the hydroxyl value of the crosslinking material suitably ranges from 2 to 230 mg KOH/g [0101-0104]. The crosslinking material exhibits a weight-average molecular weight Mw of 500 to 250,000, suitably from 1,500 to 15,000 [0128-0129], or from 1,000 to 10,000 [0130].
Given that the copolymer (B2) of modified Hamada would have been substantially identical or identical to the crosslinking material as claimed and disclosed in terms of (i) wt.% of hydroxyl functional ethylenically unsaturated monomeric repeat units, (ii) the species of said repeat units and thereby (iii) hydroxyl functionality per repeat unit, and (iv) the Mw (Hamada discloses identical Mw range of 1,000 to 10,000), it stands to reason that the copolymer (B2) would have necessarily exhibited a hydroxyl number of 10 mg KOH/g or greater, as claimed, absent a showing of factually supported objective evidence to the contrary. See MPEP 2112(IV) and (V), MPEP 2112.01(I) and (II), MPEP 2145, and MPEP 2145(I).
Regarding claim 11, in view of the rejection of claim 1 above, the rejection of claim 10 above is incorporated herein by reference. Given that the copolymer (B2) of modified Hamada would have exhibited an identical or substantially identical Mw to that of the disclosed crosslinking material, given that the Mw range of the copolymer (B2) exhibits an identical (numerically) lower bound to, and encompasses the upper bound of the claimed Mn range (1,000 to 5,000), and given that copolymer (B2) is substantially identical to the claimed/disclosed crosslinking material in terms of: the species for each monomeric repeat unit (claimed components (i) and (ii)); relative amounts of said repeat units; reaction of the anhydride groups with a monofunctional aliphatic alcohol, e.g. ethanol (claimed component (iii), claim 8) to form the half-ester; and acid number, if not also hydroxyl number, there is a strong and reasonable expectation that the copolymer (B2) would have necessarily exhibited a Mn which would have been within the claimed range, or a Mn range which would have overlapped with or encompassed the claimed range, thereby rendering the claimed range (Mn from 1,000 to 5,000) prima facie obvious. See MPEP 2112(IV) and (V), MPEP 2112.01(I) and (II), MPEP 2144.05(I), MPEP 2145, and MPEP 2145(I).
Regarding claim 12, the rejection of claim 1 above reads on the crosslinking material defined by claim 12. That is, copolymer (B2) of modified Hamada is not formed from, does not otherwise include, and does not result in formation of formaldehyde, and Hamada explicitly discloses that the coating composition does not generate formaldehyde upon cure [0007, 0020, 0136]. The foregoing reads on wherein the crosslinking material is substantially free of formaldehyde.
Regarding claim 13, the rejection of claim 1 above (¶51-65) is incorporated herein by reference (not repeated) and reads on the coating composition defined by claim 13. The aqueous coating composition of modified Hamada includes the copolymer (B2) in accordance with the modifications set forth above/incorporated herein (a crosslinking material according to claim 1), and the acrylic (co)polymer (A) which exhibits hydroxyl group and carboxyl group functionality (a film-forming resin comprising a functional group having an active hydrogen atom), wherein the coating composition forms a film upon coating/curing on a substrate.
Regarding claim 14, in view of the rejection of claim 13 above, the rejection of claim 2 is incorporated herein by reference. The aqueous coating composition of modified Hamada, inclusive of copolymer (B2) which renders obvious the claimed Tg range of at least 50° C, reads on the coating composition defined by claim 14.
Regarding claim 16, the rejection of claim 13 above is incorporated herein by reference and reads on the package defined by claim 16. The aqueous coating composition of modified Hamada is disclosed as suitable/intended for coating of metal food/beverage cans, wherein the films resultant from coating/curing the composition exhibit good hardness, exhibit excellent appearance, scratch resistance, retort resistance, water resistance, solvent resistance, and substrate-adhesion, and do not generate formaldehyde upon cure [Hamada, 0001, 0132-0136]. The aqueous coating composition is also readily applied to metal substrates by, inter alia spraying [0132] (composition is sprayable).
The aforesaid metal food/beverage can, coated with the aqueous coating composition of modified Hamada, reads on the package defined by claim 16.
Regarding claim 17, the rejection of claim 16 above reads on the package defined by claim 17.
Regarding claim 22, in view of the rejection of claim 16 above, it is noted that claim 22 constitutes a product-by-process claim (see MPEP 2113(I) and (II)). Claim 22 is dependent upon the package of claim 16 but is directed to limitation of the coating composition from which the coating (layer) of the package is formed; see ¶12-14 above pertaining to claim 28 for further details. The physical state/form of the acrylic resin constituting the coating (coated layer) on the package differs from the physical state/form of the acrylic film-forming resin present in the coating composition prior to deposition on the package and subsequent curing/crosslinking thereof which results in formation of the coated layer.
That is, the resin present in the coated layer is physically and chemically different from the resin present in the coating composition in an emulsion-polymerized latex state, i.e. particles of resin dispersed in aqueous medium, given that: (I) the aqueous medium and other solvents, additives, or compounds which are volatile would have evaporated or otherwise been volatilized therefrom, (II) at least some degree of crosslinking/curing has occurred between the resin and the crosslinking material, and/or between the resin and other resin(s)/compound(s) which may be present, as facilitated by the crosslinking material, and (III) the particles of resin (in accordance with (I) and (II)) would have coalesced to form a continuous/cohesive layer of crosslinked polymeric material on the package surface (particle form/state no longer present).
Therefore, the state and structural characteristics of the coated layer on the package as claimed, formed from the coating composition including the acrylic resin in emulsion polymerized latex form, would not have been distinct from the state/structure of the coated layer on the metal food/beverage can of modified Hamada (formed from the aqueous coating composition of modified Hamada). In other words, the respective coated layers (coatings) would have been materially indistinguishable. As such, the coated metal food/beverage can of modified Hamada set forth above in the rejection of claim 16 reads on the package defined by claim 22.
Regarding claim 23, in view of the rejection of claim 16 above, Hamada does not explicitly disclose the metal food/beverage can being coated on at least a portion of the interior surface thereof, as claimed.
However, as set forth above in the rejection of claim 16 and the rejection of claim 1, the coating formed from the coating composition exhibits good hardness; exhibits excellent appearance, scratch resistance, retort resistance, water resistance, solvent resistance, and substrate-adhesion; and does not generate formaldehyde upon cure. Additionally (as set forth above), the coating composition is sprayable, i.e. capable of being sprayed onto the metal can or the metal substrate formed into said can. Further, Hamada indicates that the coating composition is most suitable for application to the outer surface of the can [0132], of which reasonably implies, and reasonably teaches one of ordinary skill in the art, that Hamada recognized that the coating composition could also be deposited on the interior surface of the can to form a coated layer thereon.
In view of the foregoing, and given that one of ordinary skill in the art (I) would have readily recognized that the interior of the can – intended for containing and/or storing food or beverage products which are in contact with the metal surface thereof – would have also required or benefited from any one or more of retort resistance, water resistance, solvent resistance, and the absence of potentially-harmful substances such as formaldehyde, and (II) would have readily recognized that the coating composition could have been applied to the outer surface(s) of the can, the inner surface(s) of the can, or both (i.e. finite number of surfaces on which the coating composition could be deposited for provision of said requisite properties and/or the corresponding benefits), it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have deposited the aqueous coating composition of modified Hamada on at least a portion of the interior surface of the metal can, in addition or alternatively to depositing the composition on the outer surface, in order to achieve the predictable result of imparting said one or more properties/benefits to the interior surface. See MPEP 2143 (I)(E); MPEP 2144.07.
In accordance with the foregoing modification, the interior surface of the metal food/beverage can of modified Hamada would have comprised a coating (coated layer) formed from the aqueous coating composition as set forth/cited above. The coated metal can of modified Hamada reads on the package defined by claim 23.
Regarding claim 27, the rejection of claim 16 above reads on the package defined by claim 27. The coating composition of modified Hamada, which forms the coating on the metal food/beverage can (package) as set forth above, is sprayable. Additionally, it is noted that claim 27, which is dependent upon the package of claim 16 but is directed to limitation of the coating composition from which the coating (layer) of the package is formed, constitutes a product-by-process limitation. See MPEP 2113(I) and (II); see ¶12-14 above pertaining to claim 28 for further details.
Regarding claim 28, in view of the rejection and corresponding interpretation of claim 28 under 35 U.S.C. 112(b) above (¶12-15), and in view of the rejection of claim 13 above, the aqueous coating composition of modified Hamada includes the acrylic (co)polymer (A), the copolymer (B2) (crosslinking material), and a hydroxyalkylamide component (C) as requisite solids components [0009, 0015, 0126, 0135]. Hamada discloses that based on 100 parts (weight) total of (A) and (B2), component (C) is included in the composition in an amount of 1-30 parts [0126], wherein (A) and (B2) are present in a weight ratio of 8:2 to 2:8 [0056]. Through calculation, the aqueous coating composition of modified Hamada comprises from about 15.4 wt.% (20/130*100) to about 79.2 wt.% (80/101*100) of the copolymer (B2) based on total solids weight. The range of about 15.4 wt.% to about 79.2 wt.% overlaps with, and thereby renders prima facie obvious the claimed range (5 to 30 wt.%) (see MPEP 2144.05(I)).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Hamada in view of Nagai and/or Hanaoka, and optionally Guo as applied to claim 13 above, further in view of O’Brien et al. (US 2010/0075084; “O’Brien”) (previously cited).
Regarding claim 15, as set forth above in the rejection of claim 13, the aqueous coating composition of modified Hamada includes copolymer (B2) (crosslinking material) and the acrylic copolymer (A) which exhibits hydroxyl group and carboxyl group functionality (film-forming resin comprising a functional group having an active hydrogen atom).
Further, Hamada discloses that the acrylic copolymer (A) can be, and is preferably polymerized in the same (aqueous) solvent which is utilized in the coating composition, said solvent comprising, inter alia water and organic solvent(s) [0019, 0042, 0127, 0134]. Hamada also discloses that the acrylic copolymer (A) and copolymer (B2) can be neutralized with a base to increase the water-solubility (i.e. water-dispersibility) of the copolymers in the aqueous composition [0135]. Furthermore, as set forth/cited above, Hamada desires the coatings formed from the composition exhibit hardness [0043-0044, 0046-0048, 0178].
Hamada is silent regarding the acrylic copolymer (A) in the aqueous coating composition being an emulsion-polymerized latex (claim 15), i.e. particles of the acrylic copolymer (A) which are dispersed in the aqueous coating composition.
The disclosure/teachings of O’Brien previously set forth/cited in the NFOA (¶45-71) are incorporated herein by reference (not repeated for sake of brevity). O’Brien teaches that hydroxyl-functional acrylic copolymers formed from ethylenically unsaturated monomers and polymerized (free radical initiated) in an aqueous medium can take the form of (emulsion-polymerized) dispersed latex particles through use of polymeric or other dispersants during polymerization [NFOA, ¶60-61], wherein aqueous (water + organic solvent) coating compositions comprising the emulsion-polymerized acrylic copolymer latex – in addition to reactive crosslinking (co)polymers [O’Brien, 0125] – are readily suitable for coating, e.g. spray coating the interior surfaces of metal food and beverage containers to form cured, hardened protective coatings (coated layers) thereon [NFOA, ¶65-70].
In support of the aforesaid disclosure/teachings, see [O’Brien – Abstract; 0006-0012, 0015-0022, 0035-0113, 0124-0125, 0132-0140]. O’Brien constitutes prior art which is directly analogous to the claimed invention.
In view of the combined teachings of the foregoing prior art, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the functional acrylic copolymer (A) of modified Hamada by having emulsion-polymerized the ethylenically unsaturated monomers in the presence of polymeric and/or other dispersants to have achieved the predictable result of copolymer (A) in the form of acrylic copolymer latex particles (copolymer particles dispersed in aqueous medium) which would have exhibited increased dispersibility in the aqueous coating composition inclusive of the copolymer (B2) (crosslinker), and/or which would have been readily known/recognized as suitable for use in forming curable aqueous coating compositions intended for spray coating the interior and exterior surfaces of metal food/beverage cans. See MPEP 2144.07, MPEP 2143(I)(D).
In accordance with the modification above, the acrylic copolymer (A) of the aqueous coating composition of modified Hamada would have been an emulsion-polymerized latex (particles of the acrylic copolymer (A) dispersed in the aqueous coating composition), thereby reading on the coating composition defined by claim 15.
Response to Arguments
Applicant’s arguments presented on pp. 6-7 of the Remarks filed 19 June 2025 have been fully considered but are moot in view of the new grounds of rejection set forth above, made in view of the newly cited prior art.
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.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Michael C. Romanowski whose telephone number is (571)270-1387. The Examiner can normally be reached M-F, 09:30-17:30.
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If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Aaron Austin can be reached at (571) 272-8935. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL C. ROMANOWSKI/Primary Examiner, Art Unit 1782