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 .
Priority
2. This application is a 371 of PCT/EP2021/058860 04/06/2021.
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application EP 20168472.7 04/07/2020 filed on 10/05/22.
Information Disclosure Statement
The information disclosure statement (IDS), filed on 10/05/22 has been considered. Please refer to Applicant's copy of the 1449 submitted herewith.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 provides a process for producing a polymer composition, but, since the claim does not set forth any steps involved in the method/process, it is unclear what method/process applicant is intending to encompass. A claim is indefinite where it merely recites a process for producing a polymer composition without any active, positive steps delimiting how this use is actually practiced.
Claims 11-12 depends from rejected claim 10.
Claim Rejections - 35 USC § 101
Claim 10 is rejected under 35 U.S.C. 101 because the claimed recitation of a process for producing a polymer composition, without setting forth any steps involved in the process, results in an improper definition of a process, i.e., results in a claim which is not a proper process claim under 35 U.S.C. 101. See for example Ex parte Dunki, 153 USPQ 678 (Bd.App. 1967) and Clinical Products, Ltd. v. Brenner, 255 F. Supp. 131, 149 USPQ 475 (D.D.C. 1966).
Claims 11-12 depends from rejected claim 10.
Allowable Subject Matter
Claims 1-9, 13-18 allowed.
Claims 10-12 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph and 35 USC § 101, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: Closest prior arts are Manna (EP 2410041), Leyrer (WO 2016/079003), Wossene (WO 2018/017390), and Roy (US 3335086).
Claim 1 require an aqueous polymer composition, which is obtainable by radical copolymerization in water of i) ethylenically unsaturated monomers M comprising a.1) 50 to 95% by weight, based on the total weight of the monomers M, of at least one monomer M1, selected from the group consisting of C.sub.1-C.sub.3-alkyl esters of acrylic acid and C.sub.1-C.sub.3-alkyl esters of methacrylic acid and mixtures thereof, and a.2) 5 to 50% by weight, based on the total weight of the monomers M, of at least one monomer M2, selected from the group consisting of monoethylenically unsaturated C.sub.3-C.sub.8-monocarboxylic acids and monoethylenically unsaturated C.sub.4-C.sub.8-dicarboxylic acids, and mixtures thereof; where the radical copolymerization in water is carried out in the presence of ii) 110 to 600% by weight, based on the total amount of monomers M, of a carboxymethyl cellulose
Manna discloses a copolymer in liquid laundry detergent composition suitable as anti-redeposition/anti-greying additive in the washing of laundry (see anti-redeposition results on p.7-13, 20-35, 40-42, stability test results on p.13-20, 36-40). It discloses (claims 3, 4) a detergent composition comprising an aqueous polymer composition obtainable by radical polymerisation of 50 to 78 wt% C1-C4 alkyl acrylates in particular ethyl acrylate (EA), 22 to 50 wt% (meth)acrylic acid monomers, and 0 to 6 wt% of monomers having an alkyl group having at least ten carbon atoms. The subject-matter of claim 1 therefore differs from this known aqueous polymer composition of Manna in that its copolymerisaton is in presence of 110 to 600% by weight based on the total of monomers M of a carboxymethyl cellulose.
Leyrer discloses a laundry detergent composition comprising an aqueous polymer composition, in particular the aqueous polymer composition B5.15 and B5.20 (p.31, 32 and in table 2 on p.27, claims 13) obtainable by radical polymerization of 40 pphm methacrylic acid, about 30 pphm ethylacrylate, about 30 pphm butylacrylate and 100 pphm CMC80 in presence of H2O2 used in liquid laundry detergent composition provides thickening effect. Layrer is silent about any 110 to 600% by weight based on total amount of monomers M of a carboxymethyl cellulose in the radical polymerization.
Wossene discloses (claims 1-6, 18, paragraphs [0077], [0126]) hybrid graft cellulose for hair care composition such as carboxymethyl cellulose/EA such as hybrid graft copolymer comprising: a reaction product of (i) about 40% wt./wt. to about 60% wt./wt. of carboxy methyl cellulose (CMC); and (ii) about 40% wt/wt. to about 60% wt./wt. of ethyl acrylate (EA), with an example of CMC/EA 50/50 and in (paragraph [0076]) an aqueous hybrid graft copolymer comprising: (i) about 30% wt./wt. of carboxy methyl cellulose (CMC); (ii) about 42% wt./wt. of ethyl acrylate (EA); and (iii) about 28% wt./ wt of methacrylic acid (MAA). Wossene is silent about any 110 to 600% by weight based on total amount of monomers M of a carboxymethyl cellulose in the radical polymerization.
Roy discloses (claims, col.I.5 table I) liquid laundry detergent composition comprising a synergistic soil anti-redeposition combination of carboxymethyl cellulose and a copolymer of vinyl alcohol- acrylic acid at a ratio 3:1. Roy is silent about any 110 to 600% by weight based on total amount of monomers M of a carboxymethyl cellulose in the radical polymerization. Closest prior arts do not suggest or disclose claimed an aqueous polymer composition.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUMAR R BHUSHAN whose telephone number is (313)446-4807. The examiner can normally be reached 9.00 AM to 5.50 PM (EST).
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/KUMAR R BHUSHAN/Primary Examiner, Art Unit 1766