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.
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 2, 3, and 13 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.
Claims 2 and 3 include the statement in parenthesis “(based on the driy weight of the polymeric coating binder)”, wherein, the inclusion of a term within parentheses renders the claim indefinite because it is unclear whether the included term is part of the claimed invention.
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.
Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Cabrera et al (9-19-2019, Gothenburg, 1-16) in view of Wacker (7/1/2020, Silres BS 60).
With regards to claims 1-5 and 13-14, Cabrera teaches an exterior binder for paint application (title) that is used in a silicone resin emulsion paint (page 12) and wherein the binder is a water-based pure acrylic binder Acronal EDGE 6390 (page 14) as applicants have stated in the specification as reading on the claimed binder (a). Cabrera teaches the motivation for using the EDGE 6390 to be used in a silicone resin emulsion to be because it provides exceptional early rain resistance in cold and humid weather without sacrificing open time at high temperatures (page 14).
Cabrera does not teach the addition of the silicone resin binder in the claimed ratio.
Wacker teaches a silicone resin emulsion for paints (page 1) that is Silres BS 60 (as applicants cite in the specification as reading on the claimed component (b)) and teaches the motivation for using said compound to be because it provides products with high permeability to water vapour and CO2, low water absorption, low soiling tendency, a mineral appearance and long life (page 2). Cabrera and Wacker are analogous in the art of aqueous paint compositions. In light of the benefit above, it would have been obvious to one skilled in the art piror to the effective filing date to add the silicone resin of Wacker to the binder of Cabrera, thereby obtaining the present invention.
Therefore, where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 124 (CCPA 1955). In this case, one skilled in the art prior to the effective filing date of the present invention would know, based on the motivation given by both of the art, to alter the amount of each compound in order to balance the properties of each to achieve the desired product with the desired properties.
With regards to claims 6-8, Cabrera teaches the use of the acrylic polymer Acronal EDGE 6390 as applicants have stated in the specification as reading on the claimed binder (a) (title) and therefore having the claimed properties.
With regards to claims 9 and 10, Wacker teaches the use of the silicone resin SILRES BS 60 as applicants have stated in the specification as reading on the claimed binder (b) (title) and therefore having the claimed properties.
With regards to claims 11, 12, and 15, Cabrera teaches the compound to be used as an exterior paint (title).
Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Mollat et al (WO 2019/145265) in view of Pirrung et al (US 10,584,263).
With regards to claims 1-5, 9-10, and 13-14, Mollat teaches an aqueous binder composition that contains an aqueous polymer latex of a film forming carboxylated polymer and a branched polyetheramine polyol (abstract). Mollat teaches the composition to be used in a paint (page 1).
Mollat does not teach the addition of the silicone resin.
Pirrung teaches an aqueous polymer-silicone hybrid composition (title) used in an aqueous coating and printing ink. Pirrung teaches the molecular weight of the silicone resin to be from 200 to 10,000 (column 8 lines 6-36). Pirrung teaches the motivation for using the silicone to be because it provides a product that has a reduction of static or dynamic friction of the coating, increases the anti-blocking properties of the coating or print, imparts anti-graffity properties to a coating or print; and imparts hydrophobic properties or water-repellency to the coating or print (column 3, lines 23-35). Mollat and Pirrung are analogous in the art of aqueous paint compositions. In light of the benefit above, it would have been obvious to one skilled in the art piror to the effective filing date to add the silicone resin of Pirrung to the binder of Mollat, thereby obtaining the present invention.
Mollat and Pirrung do not teach the ratio of the two compounds.
However, where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 124 (CCPA 1955). In this case, one skilled in the art prior to the effective filing date of the present invention would know, based on the motivation given by both of the art, to alter the amount of each compound in order to balance the properties of each to achieve the desired product with the desired properties.
With regards to claim 6, Mollat teaches the hydroxyl number of the branched polyether amine to be from 284 mg KOH/g (page 41 example 5).
With regards to claim 7, Mollat teaches the polyetheramine to be formed from triethylamine (TEA) (page 41 example 5).
With regards to claim 8, Mollat teaches the monomer M to be M1 (C1-C20 alkyl esters of monoethylenically unsaturated dicarboxlic acids) (page 13), M2 (monoethyleincally unsaturated monocarboxylic acids), and M3 (different from M1 and M2) (page 13) wherein the amount of M1 is 70 to 99.95%, the amount of M2 is 0.05 to 10%, and the amount of M3 is 0 to 20% (page 18).
With regards to claims 11 and 12, Mollat teaches the coatings to be used for a paint for exterior surfaces (page 35).
With regards to claim 15, Mollat teaches the substrate to include concrete (page 35).
Conclusion
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/JESSICA WHITELEY/ Primary Examiner, Art Unit 1763