DETAILED ACTION
Applicant’s amendment dated 9 March 2026 is hereby acknowledged. Claims 1-6 and 9-17 as amended are pending, with claims 11-15 withdrawn. All outstanding objections and rejections made in the previous Office Action, and not repeated below, are hereby withdrawn.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior office action.
New grounds of rejection set forth below are necessitated by applicant’s amendment filed on 9 March 2026. In particular, claim 1 now requires that the polymer CA is a homopolymer. Claims 16 and 17 are new. For this reason, the present action is properly made final.
Claim Rejections - 35 USC § 102
Claims 1 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2012-025820 A (“Iwata”).
As to claims 1 and 6, Iwata teaches a composition for a coating (para. 0001).
Iwata generally teaches the composition requires an acryl resin from copolymerizing a zwitterionic group containing monomer and a carboxyl group containing monomer, which therefore meets the definition of polymer ZW, and a crosslinking agent (para. 0009).
While Iwata does not require a homopolymer CA different from polymer ZW, Iwata teaches the composition may contain water soluble resin such as poly (meth)acrylic acid (para. 0111), a homopolymer of carboxylic acid containing repeating units, specifically acrylic or methacrylic acid as required by claim 6.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2-5, 9, 10, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2012-025820 A (“Iwata”).
The discussion of Iwata with respect to claim 1 is incorporated by reference.
As to claims 2, 3, and 16, Example 4 uses polymer A-4 as the zwitterionic monomer containing polymer. As seen at paras. 0125 and 0127, polymer A-4 includes units from methacryoyloxyethyl ester -N,N-dimethyl-N-(3-sulfopropyl)ammonium betaine, which is the same as sulfopropyldimethylammonioethyl methacrylate recited in claims 3 and 16, and is therefore an alkyl sulfonate of dialkylammonium alkyl methacrylate as required by claim 2. As discussed with respect to claim 1, while not exemplified, the addition of poly (meth)acrylic acid is suggested as a water soluble resin (para. 0111) and is obvious as suggested by Iwata.
As to claims 4 and 5, example 4 uses polymer A-4 formed from methacryoyloxyethyl ester -N,N-dimethyl-N-(3-sulfopropyl)ammonium betaine in combination with different repeating units derived acrylic acid アクリル酸, 2-hydroxyethyl acrylate 2-ヒドロキシエチルアクリレート, and methyl acrylate メチルアクリレート (Table 1), all of which are listed in claim 5. s discussed with respect to claim 1, while not exemplified, the addition of poly (meth)acrylic acid is suggested as a water soluble resin (para. 0111) and is obvious as suggested by Iwata.
As to claim 9, Iwata exemplifies a melamine, thus polyamine, crosslinker (para. 0130), as well as polyisocyanates, blocked polyisocyanates, polyepoxides as crosslinkers (para. 0134). s discussed with respect to claim 1, while not exemplified, the addition of poly (meth)acrylic acid is suggested as a water soluble resin (para. 0111) and is obvious as suggested by Iwata.
As to claim 10, Iwata does not explicitly state the water content of the composition. However, Iwata teaches the composition of example 1 has a solid content of 15 % (para. 0130), thus the weight of water would be understood not to exceed 15 wt %, which is below the top of the recited range. Moreover, Iwata teaches that the resin composition used has a solid content of 33 wt % (para. 0123). Based on the proportion of the resin a-1 in the solid content (64 % of the solid content), as well as the amount of water disclosed in the production of resin solution (para. 0123), it is reasonable to calculate that the composition contains at least 10 wt % of water (this calculation not including the amount of water in the hydrophilic crosslinked polymer particle dispersion), which is above the bottom of the recited range.
s discussed with respect to claim 1, while not exemplified, the addition of poly (meth)acrylic acid is suggested as a water soluble resin (para. 0111) and is obvious as suggested by Iwata.
Claims 1-6, 10, 16, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over US 2009/0306292 (“Bendejacq”).
As to claim 1, Bendejacq teaches a surface treatment composition, thus a coating, comprising a polymer containing zwitterionic structural units.
Bendejacq teaches a composition of the aforementioned zwitterionic polymer with a cationic or anionic polymer (para. 0126, 0136), which is taught to bond with the zwitterionic polymer (para. 0101). Bendejacq teaches the anionic polymer may be a homopolymer (para. 0136) of anionic monomers, including carboxylic functional monomers (para. 0138), and thus a homopolymer of carboxyl derived monomers is an obvious modification suggested by Bendejacq. Bendejacq teaches that the anionic polymer bonds with the zwitterionic polymer (para. 0126), and thus can be characterized as a crosslinker. As such, the use of a carboxyl homopolymer, which acts as a crosslinker, is an obvious modification suggested by Bendejacq.
As to claim 2, Bendejacq teaches numerous monomers (A) of the recited type, including sulfonates (a) of dialkylammonium alkyl (meth)acrylates or (meth)acrylamides (paras. 0071-0072), heterocyclic betaine monomers (paras. 0080-0085), alkyl sulfonates of dialkylammonium alkyl allylics (para. 0086), alkyl sulfonates of dialkylammonium alkyl styrenes (para. 0087), phosphobetaines f( paras. 0089-0090), and therefore the recited monomers are optional as suggested by Bendejacq.
As to claims 3 and 16, Bendejacq teaches the monomer may be numerous recited species (para. 0071,0072, 0074, 0076, 0080-0085), and therefore the recited monomers are obvious as suggested by Bendejacq.
As to claims 4-6, Bendejacq teaches that the zwitterionic monomers may be copolymerized with other monomers (paras. 0047-0056), including acrylic and methacrylic acid, fumaric, itaconic acid as required by claims 5 and 6 (para. 0052), and as such, the use of such additional monomers is obvious as suggested by Bendejacq.
As to claim 10, while not exemplified with the recited resins, Bendejacq teaches the recited polymers at concentrations that provide an amount of water in the recited range (see, e.eg., paras. 0313-0315, teaching combination of polymers in 20 wt % and 41.6 wt %).
As to claim 17, while not exemplified, Bendejacq teaches the zwitterionic monomer may include 2-vinyl (3-sulphopropyl)pyridinium betaine, 4-vinyl (3-sulphopropyl)pyridinium betaine, and 1-vinyl-3-(3-sulfopropyl) imidazolium betaine (paras. 0080-0085), which are the same as the three recited compounds respectively, and as such, the use of such monomers is obvious as suggested by Bendejacq.
Double Patenting
Claims 1-6, 9, 10, and 16 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, and 4-7 of copending Application No. 17/919,227 in view of JP 2012-025820 A (“Iwata”).
As to claims 1 and 6, copending claim 1 recites a method for making a substrate frost resistant using a coating composition comprising a copolymer having repeating units derived from a zwitterionic monomer and units derived from carboxylic acid functional monomers, and a crosslinking agent.
While copending claim 1 does not recite that the polymer having repeating units from a carboxylic functional monomer, Iwata teaches similar coatings for use in rendering a substrate frost resistant (para. 0001), and teaches the utility of water soluble resins including poly (meth)acrylic acids, which are homopolymers as recited by claims 1 and 6 Therefore, the use of polymers derived from carboxyl functional monomers is an obvious modification for multiple reasons as taught by Iwata.
As to claim 2, copending claim 2 recites the types of zwitterionic monomer (A).
As to claims 3 and 16, copending claim 1 does not recite the specific monomers; however, Iwata teaches a similar coating composition for frost resistance, exemplifies N,N-dimethyl-N-(3-sulfopropyl)ammonium betaine, which is the same as sulfopropyldimethylammonioethyl methacrylate (para. 0125), as well as other sulfobetaines that meet recited formulae (para. 0016), and therefore the use of such monomers is an obvious modification taught by Iwata as appropriate zwitterionic monomers for frost resistant coatings.
As to claims 4 and 5, copending claims 4 and 5 recite the additional monomers.
As to claim 9, copending claim 6 recites the listed crosslinking agents.
As to claim 10, copending claim 7 recites the water content.
This is a provisional nonstatutory double patenting rejection.
Response to Arguments
Applicant's arguments filed 9 March 2026 have been fully considered but they are not persuasive. While not required or exemplified, Iwata teaches the use of poly (meth)acrylic acids, which meets the recited component as amended.
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 KREGG T BROOKS whose telephone number is (313)446-4888. The examiner can normally be reached Monday to Friday 9 am to 5:30 pm.
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/KREGG T BROOKS/Primary Examiner, Art Unit 1764