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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-14 in the reply filed on 10/17/25 is acknowledged. As such, non-elected clams 15-16 are withdrawn from consideration.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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.
IMPORTANT EXAMINATION NOTE:
Applicant’s independent claim 1 reads as followed:
“(Original) A particulate water-absorbing agent comprising a surface-crosslinked polyacrylic acid (salt)-based water-absorbing resin as a main component and satisfying the following expression (1):
AAP(2.06 kPa)+RCAP(2.06 kPa)>0.58xCRC+55.6 (1)
wherein AAP (2.06 kPa) represents absorption capacity (g/g) under a pressure of 2.06 kPa, RCAP (2.06 kPa) represents retention capacity against pressure after swelling (g/g), and CRC represents absorption capacity without pressure (g/g).”
The Present Examiner, after a detailed search, is unable to find any prior-art reference that explicitly defines a surface crosslinked particulate water-absorbing agent as a main component in terms of Applicant’s expression (1) which is:
AAP(2.06 kPa)+RCAP(2.06 kPa)>0.58xCRC+55.6 (1),
even though the abbreviations, AAP, RCAP and CRC are themselves individually well known in the art of water-absorbing agents.
It should be pointed out, that the Present Examiner’s above position is also fully supported by all of the following: A) Written Opinion of the International Searching Authority in PCT/JP2021/014046, B) the search/examination report of the Chinese Patent Office (Ref.: 202180026001.1), C) the search/examination report of the Indian Patent Office (Ref.: 2022470556230), D) the search/examination report of the European Patent Office (Ref.: 3195 P 4436 WO/EP), and E) the search/examination report of the Indonesia Patent Office( No.: HKI-3-KI.05.01.08-TA-P002002210129).
Thus for the following prior-art rejection(s), the Examiner will look at how Applicant’s claimed particulate water-absorbing agent containing composition is made and then compare it to the prior-art particulate water-absorbing agent containing compositions.
A very important disclosure made by Applicant in their Specification (see paragraph [0116], Examples, Comparative Examples and Table 1), is that the expression (1): AAP(2.06 kPa)+RCAP(2.06 kPa)>0.58xCRC+55.6 (1) is met by increasing the mixing time of a particulate surface cross-linked water-absorbing agent with an inorganic additive, specifically silicon dioxide (i.e. silica) (see Examples 1-2 through 1-8 and 1-11 through 1-18) or aluminum hydroxide (Examples 1-9) or aluminum sulfate (Examples 1-10 and 1-19 and 1-20), as compared to shorter mixing times of said particulate water-absorbing agents with an inorganic additive (see comparative Examples 1-1 through 1-14).
Applicant’s paragraph [0116] teaches the following: “The mixing time of the water-absorbing resin and the water insoluble inorganic particle is not particularly limited and is appropriately set according to the mixing apparatus, and the mixing is preferably carried out for a relatively long time so as to satisfy the above expression (1). That is, in the present invention, a time longer than the mixing time for the purpose of simply mixing an additive is preferably set to mix the water-absorbing resin and the water insoluble inorganic particle. Usually, for the purpose of improving productivity, the operation of the mixing apparatus is stopped when it can be confirmed visually or by a conventional evaluation method that the additive is uniformly mixed. In addition, even by such conventional mixing, the basic performance required for particulate water-absorbing agents such as AAP and CRC is guaranteed. However, in these particulate water-absorbing agents, the Re-Wet under pressure in a swollen state of the particulate water-absorbing agents is not sufficiently reduced. The present inventors have known and studied such a problem and as a result, hypothesized that the water insoluble inorganic particle easily aggregates and thus is not sufficiently dispersed microscopically in the water-absorbing resin, leading to a decrease in a physical property of the particulate water-absorbing agent and particularly an increase in the Re-Wet under pressure in a swollen state when the water insoluble inorganic particle is added. Then, the present inventors have found that a particulate water-absorbing agent for satisfying the expression (1) can be obtained by making the mixing time when mixing the water insoluble inorganic particle longer than the time required for usual uniform mixing. In general, the time required for uniform mixing has been set by a conventional evaluation method or the like, but the present inventors have found RCAP, which is a novel parameter serving as one index of improving the Re-Wet under pressure in a swollen state, and for the first time thereby, the present inventors have discovered an additional effect of further lengthening the mixing time, which was previously considered sufficient. Conventionally, a long mixing time has been considered to cause a decrease in productivity or the like and be rather unfavorable, and thus has not been actively implemented, but in the present invention, by the above discovery, a merit that more than outweighs demerits such as a decrease in productivity has been able to be found. The mixing time of the water-absorbing resin and the water insoluble inorganic particle is, for example, 5 minutes or more, preferably 15 minutes or more, and more preferably 30 minutes or more.”.
Please note that Applicant’s said paragraph [0116], DOES NOT explicitly define a minimum mixing time needed so that the physical properties of the particulate water-absorbing agent(s) fall within the expression (1): AAP(2.06 kPa)+RCAP(2.06 kPa)>0.58xCRC+55.6 (1).
Looking at Applicant’s Table 1, all Examples according to Applicant’s claimed invention, used a mixing time of between 30 minutes and 60 minutes, whereas the Comparative Examples had a mixing time of only 2 minutes. While the Examiner agrees that Applicant’s inventive Examples have superior physical properties that fall with the expression (1): AAP(2.06 kPa)+RCAP(2.06 kPa)>0.58xCRC+55.6 (1), as compared to the Comparative Examples that all fall outside the expression (1): AAP(2.06 kPa)+RCAP(2.06 kPa)>0.58xCRC+55.6 (1), such is NOT deemed to establish patentability for Applicant’s claims because said comparative showing is deemed NOT to be the closest showing, which is deemed to be contained within the following prior-art references.
Claim(s) 1-14 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Miyake et al. U.S. Patent Application Publication No.: 2005/0113252 A1.
Miyake et al. discloses a method of producing a particle-shape water-absorbing resin material which are made from polyacrylic acid or its salt, which has been both internally-crosslinked and surface cross-linked. With this method, it is possible to prevent deterioration of properties of the particle-shape water-absorbing resin material, and reduces damages onto surfaces thereof. This method is arranged such that (a) water-absorbing resin particles are surface-treated by using a crossing agent so that surfaces of the particles are cross-linked, (b) an additive for giving a function to the particles is added to the particles, (c) and a step of mixing the particles and the additive is carried out in a step of performing particle-size regulating treatment for the particles which includes agglomerated particles, see abstract. [Emphasis added].
Miyake et al.’s paragraph [0029] discloses in part the following: “Moreover, the inventors found that the way and time of mixing the additive and the particles have large influences on absorbing property of the particle-shape water-absorbing resin material produced from the particles.”.
Miyake et al.’s paragraph [0124] discloses the following: “Moreover, it is possible to prolong retention time of the particle-shape water-absorbing resin composition by providing the classification step (E) in addition to the particle-size regulating step (B) and the mixing step (D). Specifically speaking, the water-absorbing resin particles and the additive are also stirred and mixed in the classification step (E). This gives a longer mixing time to the water-absorbing resin particles and the additive. As a result, it is possible to attain a particle-shape water-absorbing resin material production in which the additive is uniformly mixed. The classification step (E) of the present invention may adopt, for example, the sieve classification or the air flow classification, preferably the sieve classification (especially sieve vibrating classification).”.
Attention is drawn to Miyake et al.’s Examples 8-10 which disclose mixing surface cross-linked water-absorbing resins (which read directly on Applicant’s surface cross-linked water-absorbing resins as set forth in Applicant’s examples) with dry silica powder.
As way of illustration, Miyake et al.’s Example 8 reads as followed: “The same process as Example 1 was carried out except that the thus obtained particle-shape water-absorbing resin material (1) was further stirred for 20 minutes by using a batch-type mixer, thereby more uniformly mixing the silica particulates with the particle-shape water-absorbing resin material (8). The particle-shape water-absorbing resin material (8) was further mixed for 20 minutes in an additional mixing step, thereby more uniformly mixing the silica particulates with the particle-shape water-absorbing resin material (8). The thus obtained particle-shape water-absorbing resin material (8) had CRC and AAP equivalent to those of the particle-shape water-absorbing resin material (1). However, the particle-shape water-absorbing resin material (8) had SFC of 12 (x 10-7 cm3 s/g), and blocking ration of 10% by weight, which were lower than those of the particle-shape water-absorbing resin material (1).” [Emphasis added]. Please note that the resin material (1) as set forth in Example 1 had a CRC of 36(g/g) and an AAP of 21(g/g).
As such, the Examiner holds that the process of making the surface cross-linked water-absorbing resin and silica containing compositions of Miyake et al.’s Examples 8-10, would produce a final water-absorbing composition that has physical properties that fall within Applicant’s expression (1): AAP(2.06 kPa)+RCAP(2.06 kPa)>0.58xCRC+55.6 (1), as set forth in independent claim 1, and would also fall within the slightly more narrow expressions (2) and (3), as set forth in dependent claims 3 and 4, because Miyake et al.’s taught mixing times fall directly within Applicant’s preferred mixing times as set forth in Applicant’s TABLE 1. Furthermore, Applicant’s additional claimed physical properties of APP, CRC and flow rate etc., as set forth in the other dependent claims, are deemed to fall directly within Miyake et al.’s Examples 8-10. Please note that the resin material (1), as set forth in Example 1 to which Example 8 directly refers to, has a CRC of 36(g/g) and an AAP of 21(g/g). Applicant’s claims are thus deemed to be anticipated over said disclosure. Finally, it is well known in the art that a composition and its properties are in separatable.
In the alternative, this rejection is being made by way of obviousness, because as stated in the above IMPORTANT EXAMINATION NOTE:, Applicant’s expression (1): AAP(2.06 kPa)+RCAP(2.06 kPa)>0.58xCRC+55.6 (1), is not explicitly disclosed in any prior-art reference, and because Miyake et al. does not directly disclose Applicant’s physical property represented by the abbreviation RCAP. Thus it is not possible to plug in this datapoint in Applicant’s claimed expression (1): AAP(2.06 kPa)+RCAP(2.06 kPa)>0.58xCRC+55.6 (1).
Claim(s) 1-14 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Nakatsuru et al. U.S. Patent Application Publication No.: 2018/0001300 A1.
Nakatsuru et al. discloses a water-absorbing agent which maintains a certain degree of liquid permeability and water absorption speed while also reducing re-wet in a disposable diaper, without the use of costly raw materials or costly apparatuses. The water-absorbing agent of the present invention contains a polyacrylic acid salt-based water-absorbing resin as a main component and has physical properties falling within a specific range, the physical properties being saline flow conductivity (SFC), gap fluid retention property under pressure, and a proportion of particles having a particle diameter of not less than 150 μm and less than 710 μm., see abstract.
Nakatsuru et al. specifically discloses the preferable inclusion of inorganic particles, specifically silica particles, to improve the water absorption/retention physical properties of the water-absorbing agent, see paragraphs [0223]-[0227].
Nakatsuru et al.’s Examples 12-13, disclose mixing surface cross-linked water-absorbing resins (which read directly on Applicant’s surface cross-linked water-absorbing resins as set forth in Applicant’s examples) with a Reolosil QS-20 dry silica powder (same exact silica powder used in Applicant’s Examples 1-1, 1-2, 1-4,, 1-11, 1-12 and 1-14) for 3 minutes. Nakatsuru et al.’s Examples 14-15, disclose mixing surface cross-linked water-absorbing resins (which read directly on Applicant’s surface cross-linked water-absorbing resins as set forth in Applicant’s examples) with a AEROSIL OX 50 dry silica powder for 3 minutes.
A 3 minute mixing time is 50% longer than the 2 minute mixing time, set forth in Applicant’s Comparative Examples, which was used by Applicant to correspond to the “known” prior-art mixing times. Thus in light of Applicant’s disclosure in their paragraph [0116] of the specification, such a 50% increase in mixing time would result in a more homogenous mixing of the silica particles with the cross-liked water-absorbing resin. Once again, Applicant’s specification does NOT set forth a minimum mixing time needed to meet the limitation is Applicant’s expression (1): AAP(2.06 kPa)+RCAP(2.06 kPa)>0.58xCRC+55.6 (1), as set forth in independent claim 1.
As such, the Examiner holds that the process of making the surface cross-linked water-absorbing resin and silica containing compositions of Nakatsuru et al.’s Examples 12-15, would produce a final water-absorbing composition that has physical properties that fall within Applicant’s expression (1): AAP(2.06 kPa)+RCAP(2.06 kPa)>0.58xCRC+55.6 (1), as set forth in independent claim 1, and would also fall within the slightly more narrow expressions (2) and (3), as set forth in dependent claims 3 and 4. Furthermore, Applicant’s additional claimed physical properties of APP, CRC and flow rate etc., as set forth in the other dependent claims, are deemed to fall directly within Nakatsuru et al.’s disclosure of Tables 1-5. Finally, it is well known in the art that a composition and its properties are in separatable.
In the alternative, this rejection is being made by way of obviousness, because as stated in the above IMPORTANT EXAMINATION NOTE:, Applicant’s expression (1): AAP(2.06 kPa)+RCAP(2.06 kPa)>0.58xCRC+55.6 (1), is not explicitly disclosed in any prior-art reference, and because Nakatsuru et al. does not directly disclose Applicant’s physical property represented by the abbreviation RCAP. Thus it is not possible to plug in this datapoint in Applicant’s claimed expression (1): AAP(2.06 kPa)+RCAP(2.06 kPa)>0.58xCRC+55.6 (1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH DAVID ANTHONY whose telephone number is (571)272-1117. The examiner can normally be reached M-F: 10:00AM-6:30PM.
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/JOSEPH D ANTHONY/Primary Examiner, Art Unit 1764