DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-10, in the reply filed on 9/16/2025 is acknowledged.
Claims 11-32 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 made without traverse in the reply filed on 9/16/2025.
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.
Claim 6 is 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 6 recites ‘containing an acetate ester in an amount of 10 ppm to 1,500 ppm.’ However, claim 6 depends from claim 1, which is directed to a vinyl acetate. A vinyl acetate is an acetate ester. Attention is directed to ¶ 89, pg. 20 of the instant specification which discusses acetate esters and does not exclude vinyl acetate. Therefore, it is unclear whether the scope of claim 6 is intended to limit vinyl acetate or not.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 6 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 6 recites ‘containing an acetate ester in an amount of 10 ppm to 1,500 ppm.’ Claim 6 depends from claim 1 which is directed to a vinyl acetate, which is an acetate ester. Thus, the scope of claim 6 improperly limits the amount of vinyl acetate outside the scope of the claims.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 4-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Livshits, Izvestiya Akademii Kauk SSSR, Seriya Khimicheskaya, No. 10, pp 1860-1861, October 1966.
Livshits teaches a vinyl acetate with a localized C14 in the molecule obtained from acetic acid C14 where 91.6% CH3C14COOH was reacted with acetylene and a catalyst (pg. 1860). The product gives a 71% yield (pg. 1860). Given a starting material having 91.6% CH3C14COOH (and thus 8.4% CH3C14COOH), the product is 91.6% C14 vinyl acetate. This gives a ratio of C14-to total carbons of about 23:100, or 0.23, which falls in the claimed range.
The vinyl acetate of Livshits was formed in the absence of a sulfur component and polymerization inhibitor, and thus meets 0 ppm sulfur component of claims 4-5. To the extent that claim 5 specifies an optional component, Livshits meets claim 5.
Claim(s) 1, 4-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Devisme (US 2017/0183430).
Devisme teaches vinyl acetate formed from renewable starting materials (¶ 115-121). Devisme teaches renewable starting materials comprise 14C in an amount of about 1.2 x 10-10 (¶ 32-33).
The vinyl acetate of Devisme was formed in the absence of a sulfur component and polymerization inhibitor, and thus meets 0 ppm sulfur component of claims 4-5. To the extent that claim 5 specifies an optional component, Devisme meets claim 5.
Claim(s) 3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Devisme (US 2017/0183430) as evidenced by Matsumoto (US 2013/0043384).
Devisme teaches vinyl acetate formed from renewable starting materials (¶ 115-121). Devisme teaches renewable starting materials comprise 14C in an amount of about 1.2 x 10-10 (¶ 32-33).
Matsumoto provides evidence that using biomass gives a stable carbon isotope ratio of less than -20‰ (¶ 34-35). Thus, the vinyl acetate of Devisme is formed from renewable starting materials (biomass) and therefore contains the claimed stable carbon isotope ratio.
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Devisme (US 2017/0183430) in view of Matsumoto (US 2017/0158791).
Devisme teaches vinyl acetate formed from renewable starting materials (¶ 115-121). Devisme teaches renewable starting materials comprise 14C in an amount of about 1.2 x 10-10 (¶ 32-33).
Devisme does not explicitly recite a stable carbon isotope ratio of -20‰ or more.
However, Matsumoto teaches biomass derived polymers having a carbon stable isotope ratio of -20‰ or more (¶ 35-37). It would have been obvious to one of ordinary skill in the art to use a carbon stable isotope ratio of -20‰ or more because it allows for traceability of the product to make it easy to investigate the production line, raw material or the like (¶67-69).
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Devisme (US 2017/0183430) in view of Yoshimi (US 2002/0068806).
Devisme teaches vinyl acetate formed from renewable starting materials (¶ 115-121). Devisme teaches renewable starting materials comprise 14C in an amount of about 1.2 x 10-10 (¶ 32-33).
Devisme does not explicitly recite an acetate ester.
However, Yoshimi teaches vinyl acetate for the formation of ethylene vinyl acetate copolymers (abstract) where the amount of saturated acetic ester is 10-1500 ppm (abstract) and where example of the saturated acetic ester is methyl acetate and ethyl acetate (¶ 20).
It would have been obvious to one of ordinary skill in the art to use the saturated acetic esters of Yoshimi because the saturated acetic ester suppresses the production of acetaldehyde (¶ 23) which improves gelation and coloration (¶16-20).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Devisme (US 2017/0183430) in view of Harbuck (US 4,021,476).
Devisme teaches vinyl acetate formed from renewable starting materials (¶ 115-121). Devisme teaches renewable starting materials comprise 14C in an amount of about 1.2 x 10-10 (¶ 32-33).
Devisme does not explicitly recite a polymerization inhibitor.
However, Harbuck teaches vinyl acetate containing a polymerization inhibitor (abstract). Harbuck teaches an amount of inhibitor of 50 or 100 ppm (col. 2, ln. 44-68). It would have been obvious to one of ordinary skill in the art to add a polymerization inhibitor in order to prevent polymerization during formation and storage (col. 1, ln. 5-40).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Devisme (US 2017/0183430) in view of Messick (US 4,407,991).
Devisme teaches vinyl acetate formed from renewable starting materials (¶ 115-121). Devisme teaches renewable starting materials comprise 14C in an amount of about 1.2 x 10-10 (¶ 32-33).
Devisme does not explicitly recite a polyvalent carboxylic acid.
However, Messick teaches stabilizing vinyl ester resins using oxalic acid (abstract) where the amount of oxalic acid is 50-1000 ppm, preferably 40-400 ppm (col. 3, ln. 26-33). It would have been obvious to one of ordinary skill in the art to use oxalic acid because it can extend the shelf life (col. 3, ln. 44-49).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Devisme (US 2017/0183430) in view of Hanatani (JP 2000-159825). As the JP reference is not in English, citations are made to the attached translation.
Devisme teaches vinyl acetate formed from renewable starting materials (¶ 115-121). Devisme teaches renewable starting materials comprise 14C in an amount of about 1.2 x 10-10 (¶ 32-33).
Devisme does not explicitly recite acetaldehyde dimethylacetal.
However, Hanatani teaches a vinyl ester monomers that are polymerized in the presence of dimethyl acetal (¶ 4) which is a synonym of acetaldehyde dimethylacetal. Hanatani teaches the dimethyl acetal is present in an amount of 1-5 wt% (¶ 9). It would have been obvious to one of ordinary skill in the art to use the dimethyl acetal because the dimethyl acetal controls the variations in the average degree of polymerization (¶ 3-4, 15, 18).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT C BOYLE whose telephone number is (571)270-7347. The examiner can normally be reached Monday-Thursday, 10am-4pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arrie (Lanee) Reuther can be reached at (571)270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ROBERT C BOYLE/Primary Examiner, Art Unit 1764