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 .
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 1-2, 4, 6-9, 11,15, 18-23, 25-26, 28, 31, 33-34 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.
It is unclear in lines 7-8 of claim 1, and lines 13-14 of claim 19, what are the metes and bounds of the limitation of “the polymer layer is substantially uniform in composition”. There is no description of a quantitative method of determining composition uniformity in the specification. For the purposes of examination, the polymer layer is deemed to be substantially uniform in composition, when the emulsion reaction forming the polymer layer, is conducted with mixing and stirring.
Claims 2, 4, 6-9, 11,15, 18 depend on and include all the subject matter of claim 1; and claims 20-23, 25-26, 28, 31, 33-34 depend on and include all the subject matter of claim 19; but all fail to provide any solutions to the indefinite issue described above.
It is unclear in claim 19, whether the at least one reactive surfactant is the same as the first surfactant in line 3, or different. For the purposes of examination, both interpretations are deemed to be within the scope of the broadest reasonable interpretation.
It is unclear in claim 22, what is being further polymerized under reductive conditions, and what the reductive conditions are. For the purposes of examination, the step of conducting further polymerization under reductive conditions, is interpreted to mean a step where the residual unreacted monomers and reactive surfactant are further polymerized to reduce their content.
Claims 25-26 and 28 recite the limitation "the one or more surfactants" in line 2. There is insufficient antecedent basis for this limitation in the claims. It is unclear whether the “first surfactant” in line 3 of the parent claim 19, was intended to include the “one of more surfactants”. For the purposes of examination, the “first surfactant” in line 3 of the parent claim 19, is interpreted as have been intended to include the “one of more surfactants” of claims 25-26 and 28.
Clarification and amendment, accompanied by relevant citations from the specification and/or teaching references are required.
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 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.
Claims 1-3, 4, 6-8, 11, 15, 18-23, 25, 28, 31, 33-34 are rejected under 35 U.S.C. 103 as being unpatentable over He (Clarivate Analytics English translation of CN-105418850-A), as evidenced by, or further in view of Wu (Clarivate Analytics English translation of CN-102936312-A).
Regarding claim 1, He teaches a polymer emulsion (2nd para of page 3) comprising: an aqueous fluid (water, 1st para of page 3); a plurality of core particles (wax as core, 2nd para of page 3); a polymer layer formed around the plurality of core particles (acrylic ester as shell, 2nd para of page 3), the polymer layer comprising a polymer formed from one or more ethylenically unsaturated monomers (acrylic polymer, 2nd para of page 3, acrylic acid, styrene or butyl acrylate, hydroxymethyl acrylamide or hydroxyethyl methacrylate, paras 5-7 of page 2); wherein the polymer layer is substantially uniform in composition since the emulsion reaction forming the polymer layer, is conducted with mixing and stirring (last 3 paras of page 3), and a surfactant comprising a reactive surfactant (reactive emulsifier, 8th para of page 2). He is silent regarding the reactive surfactant having an ethylenic unsaturation that is covalently incorporated within the polymer, or that the reactive surfactant is absent from the core particles when the polymer layer is formed thereon.
However, He teaches that the reactive surfactant is available commercially as NRS-10 (8th para of page 2) and that the polymer is an acrylic polymer (2nd para of page 3).
Wu teaches that the reactive surfactant that is available commercially as NRS-10 ([0010]) has an ethylenic unsaturation (reactive double bond [0012]) that is covalently incorporated within the acrylic polymer (used in the synthetic latex polymer, it can by copolymerization with acrylic unsaturated monomer [0012]) such that the reactive surfactant is absent from the core particles when the polymer layer is formed thereon, for the purpose of providing the polymer emulsion with the desired combination of excellent emulsion stability and good film-forming ability, along with good water resistance and good stability for subsequent further processing of the formed polymer layer film product ([0012]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have covalently incorporated the reactive surfactant having an ethylenic unsaturation within the polymer formed from or more ethylenically unsaturated monomers, of the polymer layer formed around the plurality of core particles in the polymer emulsion of He, such that the reactive surfactant is absent from the core particles when the polymer layer is formed, in order to obtain the desired combination of excellent emulsion stability and good film-forming ability, along with good water resistance and good stability for subsequent further processing of the formed polymer layer film product, as taught by Wu.
Regarding claim 2, He teaches that the reactive surfactant comprise an anionic surfactant (anionic reactive emulsifier, NRS-10 (8th para of page 2).
Regarding claims 4, 6, He teaches that the plurality of core particles comprises wax particles having an average diameter of about 100 nm or less (nano-grade particle diameter (2nd para of page 2).
Regarding claim 7, He teaches that the polymer comprises at least one acrylate monomer (acrylic polymer, 2nd para of page 3, acrylic acid, butyl acrylate, hydroxymethyl acrylamide or hydroxyethyl methacrylate, paras 5-7 of page 2).
Regarding claim 8, He teaches that the surfactant further comprises a non-reactive surfactant (non-ionic emulsifier … mixture, 8th para of page 2).
Regarding claim 11, He teaches that the surfactant is present in an amount of about 3 wt% (1 x 100/(15+5+2.3+1+5.7+1+0.01+0.02), 3rd last para of page 2) which is within the claimed range of range from about 0.2 wt%. to about 7.0 wt%, as measured based on total solids, and the reactive surfactant is present in an amount of about 1 wt% (3 wt% x 2.5/(2+1+2.5), 3rd last para of page 2) which is within the claimed range of range from about 0.2 wt%. to about 5.0 wt%, as measured based on total solids.
Regarding claim 15, He teaches a coated substrate comprising: a base substrate (PET substrate, 2nd last para of page 4); and a polymer coating disposed upon a surface of the base substrate (coating film, last two paras of page 4), the polymer coating being formed from the polymer emulsion (prepared according to Example 1-3, 2nd last para of page 4).
Regarding claim 18, He teaches that the polymer is crosslinked within the polymer coating (using the functional monomer, by incorporating two or three special acrylic acid functional group to form the internal crosslinking density … of the polymer, 5th para of page 3).
Regarding claim 19, He teaches a method comprising steps of: providing a core particle emulsion (core-shell emulsion, 2nd para of page 3) comprising a first aqueous fluid (rest of water, last para of page 3), a plurality of core particles (synthetic wax, last para of page 3, wax as core, 2nd para of page 3), and a first surfactant (emulsifying agent, last para of page 3); combining one or more ethylenically unsaturated monomers and a reactive surfactant with the core particle emulsion to form a combined emulsion (emulsifying agent, main monomer obtained by mixing emulsion, 3rd last para of page 3); and polymerizing the one or more ethylenically unsaturated monomers and the reactive surfactant (polymerization reaction, item 9 of page 6) to form a polymer emulsion (last two lines of item 9 of page 6) comprising a plurality of emulsified particles (nano grade wax-acrylic acid core-shell polymer emulsion, last two lines of item 9 of page 6) comprising a polymer layer (acrylic ester as shell, 2nd para of page 3, acrylic acid shell, last two lines of item 9 of page 6) formed around the plurality of core particles (synthetic wax, last para of page 3, wax as core, 2nd para of page 3, wax core, last two lines of item 9 of page 6), wherein the polymer layer is substantially uniform in composition since the emulsion reaction forming the polymer layer, is conducted with mixing and stirring (last 3 paras of page 3).
He is silent regarding the reactive surfactant being covalently incorporated within the polymer comprising the polymer layer, or that the reactive surfactant is absent from the core particles when the polymer layer is formed thereon.
However, He teaches that the reactive surfactant is available commercially as NRS-10 (8th para of page 2) and that the polymer is an acrylic polymer (2nd para of page 3).
Wu teaches that the reactive surfactant that is available commercially as NRS-10 ([0010]) has an ethylenic unsaturation (reactive double bond [0012]) that is covalently incorporated within the acrylic polymer (used in the synthetic latex polymer, it can by copolymerization with acrylic unsaturated monomer [0012]) such that the reactive surfactant is absent from the core particles when the polymer layer is formed thereon, for the purpose of providing the polymer emulsion with the desired combination of excellent emulsion stability and good film-forming ability, along with good water resistance and good stability for subsequent further processing of the formed polymer layer film product ([0012]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have covalently incorporated the reactive surfactant within the polymer comprising the polymer layer formed around the plurality of core particles, in the polymer emulsion of the method of He, such that the reactive surfactant is absent from the core particles when the polymer layer is formed, in order to obtain the desired combination of excellent emulsion stability and good film-forming ability, along with good water resistance and good stability for subsequent further processing of the formed polymer layer film product, as taught by Wu.
Regarding claim 20, He teaches that the one or more ethylenically unsaturated monomers and the reactive surfactant are present in a monomer emulsion comprising a second aqueous fluid (34 parts of water, emulsifying agent, main monomer obtained by mixing emulsion, 3rd last para of page 3) that is combined with the core particle emulsion (adding emulsion, last para of page 3).
Regarding claim 21, He teaches that the polymerizing takes place thermally in the presence of a first radical initiator (first catalyst is thermally decomposed persulfate catalyst, 6th last para of page 2, controlling the reaction temperature between 84[Symbol font/0xB0]C and 80, last para of page 3).
Regarding claim 22, He teaches that the method further comprises a step of conducting further polymerization under reductive conditions (adding hydrogen peroxide removing unreacted residual monomer, last para of page 3).
Regarding claim 23, He teaches that the reactive surfactant is an anionic surfactant (anionic reactive emulsifier, NRS-10 (8th para of page 2).
Regarding claim 25, He teaches that the surfactant further comprises a non-reactive surfactant (non-ionic emulsifier, anionic emulsifier … mixture, 8th para of page 2).
Regarding claim 28, He teaches that the surfactant is present in an amount of about 3 wt% (1 x 100/(15+5+2.3+1+5.7+1+0.01+0.02), 3rd last para of page 2) which is within the claimed range of range from about 0.2 wt%. to about 7.0 wt%, as measured based on total solids, and the reactive surfactant is present in an amount of about 1 wt% (3 wt% x 2.5/(2+1+2.5), 3rd last para of page 2) which is within the claimed range of range from about 0.2 wt%. to about 5.0 wt%, as measured based on total solids.
Regarding claims 31, 33, He teaches that the plurality of core particles comprises wax particles having an average diameter of about 100 nm or less (nano-grade particle diameter (2nd para of page 2).
Regarding claim 34, He teaches that the polymer comprises at least one acrylate monomer (acrylic polymer, 2nd para of page 3, acrylic acid, butyl acrylate, hydroxymethyl acrylamide or hydroxyethyl methacrylate, paras 5-7 of page 2).
Claims 9, 26 are rejected under 35 U.S.C. 103 as being unpatentable over He, as evidenced by, or in view of Wu, as applied to claims 1-3, 4, 6-8, 11, 15, 18-23, 25, 28, 31, 33-34 above, and further in view of Naoyuki (Clarivate Analytics English translation of JP-2002-097212-A).
Regarding claim 9, He, as evidenced by, or as modified by Wu, teaches the polymer emulsion comprising surfactant in which the reactive surfactant having an ethylenic unsaturation is covalently incorporated within the polymer comprising the polymer layer formed around core particles, as described above. He fails to teach that the reactive surfactant comprises a majority of the surfactant on a weight basis.
However, He teaches that the choice of the reactive surfactant greatly reduces the residual content of surfactant in the polymer (selecting reaction type emulsifier, greatly reduces the residual emulsifying agent in the polymer amount, item 4, 7th para of page 3) formed by emulsion polymerization (2nd para of page 3), which improves the transparency and water resistance of the formed polymer layer product (selecting reaction type emulsifier, greatly reduces the residual emulsifying agent in the polymer amount, so that the product has better transparency and water resistance, item 4, 7th para of page 3).
Naoyuki teaches that a reactive surfactant used in an emulsion polymerization yields a polymer emulsion with good polymerization stability, mechanical stability and chemical stability, where the formed polymer product has good water resistance ([0036]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have increased the content of the reactive surfactant such that it comprises a majority of the surfactant in the polymer emulsion of He, in order to obtain the desired polymer emulsion with good polymerization stability, mechanical stability and chemical stability, where the formed polymer layer product has good water resistance, as taught by Naoyuki, along with improved transparency, as taught by He.
Regarding claim 26, He, as evidenced by, or as modified by Wu, teaches the method comprising the steps of providing the core particle emulsion comprising the reactive surfactant having an ethylenic unsaturation is covalently incorporated within the polymer comprising the polymer layer formed around core particles, as described above. He fails to teach that the reactive surfactant comprises a majority of the surfactant on a weight basis.
However, He teaches that the choice of the reactive surfactant greatly reduces the residual content of surfactant in the polymer (selecting reaction type emulsifier, greatly reduces the residual emulsifying agent in the polymer amount, item 4, 7th para of page 3) formed by emulsion polymerization (2nd para of page 3), which improves the transparency and water resistance of the formed polymer layer product (selecting reaction type emulsifier, greatly reduces the residual emulsifying agent in the polymer amount, so that the product has better transparency and water resistance, item 4, 7th para of page 3).
Naoyuki teaches that a reactive surfactant used in an emulsion polymerization yields a polymer emulsion with good polymerization stability, mechanical stability and chemical stability, where the formed polymer product has good water resistance ([0036]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have increased the content of the reactive surfactant such that it comprises a majority of the surfactant in the combined emulsion of the method of He, in order to obtain the desired polymer emulsion with good polymerization stability, mechanical stability and chemical stability, where the formed polymer layer product has good water resistance, as taught by Naoyuki, along with improved transparency, as taught by He.
.Any inquiry concerning this communication should be directed to Sow-Fun Hon whose telephone number is (571)272-1492. The examiner is on a flexible schedule but can usually be reached during a regular workweek between the hours of 10:00 AM and 6:00 PM.
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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/Sophie Hon/
Sow-Fun Hon
Primary Examiner, Art Unit 1782