DETAILED ACTION
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Election/Restrictions
Claims 9-13 are withdrawn from further consideration pursuant to 37 CFR
1.142(b) as being drawn to a nonelected invention, there being no allowable generic or
linking claim. Election was treated as being made without traverse in the Office Action
mailed February 15, 2024.
Claim Rejections - 35 USC § 102
Claims 1-3 and 14-20 are rejected under 35 U.S.C. 103 as being anticipated by JP-2022-011187 (“JP’187”)1
Claim 1: JP’187 teaches a cellulosic particle comprising a main
component being cellulosic and a second component being the cellulosic particle may be treated with a second component (B) being an aromatic compound having a long aliphatic group and at least one of a phenolic hydroxyl group and a monoglycidyl ether group directly bound to the aromatic group (JP’187, abstract); wherein the long chain aliphatic group is C10-C20 (paragraph 0056), which is within the claimed range of C8-C20 aliphatic group. Thus component (B) of JP’187 is equivalent to the claimed second component (B). Due to the nature of the aromatic group directly bonded to the phenolic hydroxyl group, the cellulosic particles inherently form a sea-island structure because of the specific structure of the aromatic compound (B). This sea-island formation is admitted by Applicant as disclosed in the instant specifricaiton at paragraphs 0013 and 0038. In particular, JP’187 discloses the specific claimed formula CDN-2 (JP’187, paragraph 0084).
Claims 2-3: JP’187 exemplifies the mass ratio of second component to first component (B/A) being 30% (page 54, Table 1), which results in (B/(A+B)) being 30/130 or about 74% of first component and 26% of second component in the total of first and second components, which is well within the claimed ranges of 70% to 95% for first component and 5% to 30% for second component.
Claims 14-15: JP’187 teaches inclusion of external additives including silica particle (para. 0122).
Claim 16: JP’187 teaches cellulosic particle having a volume-average particle diameter of the cellulosic particles within the claimed range which is 3 µm to 10 µm (Table 3, samples RPC-9, -12, -16 and -20.
Claim 17: JP’187 teaches cellulosic particle having a geometric standard deviation by number GSDv being from 1.0 to 1.7 (Table 3).
Claims 18-20: Although JP’187 does not report the sphericity or the number average molecular weight of the cellulosic particle, it is deemed inherent because the cellulosic particle comprises the same components within the same proportions and of the same formula as claimed as discussed in claims 1-3 above.
Claim Rejections - 35 USC § 103
Claims 1, 5-6 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over JP’187 in view of JP-2022/22947 (“JP’947”), Abe (JP-6872068 or US-2023/0303782)2 in view of AUDOUSSET (US-2009/0151089).
Claim 1: JP’187 teaches the claimed cellulosic particle as discussed above. JP’187 teaches additional components without the specific fatty acid derivatives (A) or acrylic acid (C) as claimed. However, JP’947 teaches a cellulosic particle comprising cellulose as the main component and additional components including an aromatic compound as defined in the claimed aromatic component (B) and a fatty acid derivatives as defined in the claimed component (A) (JP’947, para. 0032-0033; para. 0066; para. 0111-0112) along with component (C), (meth)acrylic compound (JP’947, para. 0014 and 0143). Therefore, the POSITA would be motivated to include just one component (B) as taught by JP’187 or all three components (A), (B), (C) as taught by JP’947.
Claims 5-6: Andoussett teaches cellulose modified with a fatty acid including fatty acid amide including ethanolamine as equivalent (para. 0044, 0052 and 0056-0061). Therefore, it would have been obvious as matter of choice to include fatty acid ethanolamine as the modifying fatty acid. Amines are known to have an Kow of 5-8.
Claim 18: Abe teaches the cellulosic particle has a sphericity of at least 0.95 (Abe, Page 9, Table 1) which meets the claimed range of at least 0.90.
Claim 19: Abe teaches forming cellulose by saponification of cellulose acetate in polyvinyl alcohol (Abe, Examples 1-3); Cellulose acetate has an average molecular weight (MW) of 30,000 and polyvinyl alcohol has an average MW of at least 85,000; thus, the resulted cellulose would necessarily have an average MW of above 37,000. In addition, JP’947 teaches one component having an average molecular weight of up to 80,000 (para. 0133), and thus the cellulosic particle would have the MW within the claimed range which is at least 37,000.
Claim 20: Abe teaches the cellulosic particle having a surface smoothness of at least 92% (Abe, Page 9, Table 1) which meets claimed range of at least 80%.
Response to Arguments
Applicant’s arguments with respect to instant claims 1-3, 5-6 and 14-20 have been considered but are moot in view of the new grounds of rejections discussed above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOA (Holly) LE whose telephone number is (571)272-1511. The examiner can normally be reached Monday to Friday, 10:00 am to 7:00 pm.
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HOA (Holly) LE
Primary Examiner
Art Unit 1788
/HOA (Holly) LE/Primary Examiner, Art Unit 1788
1 Copy provided by Applicant.
2 ) [Note: The US publication is used as the English translation for JP-6872068
Prosecution Insights