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 § 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matsumoto et al (JP2007-327008) in view of Park et al (Int. Biodet, and Biodegr., 2001).
Park sets discloses method for surface treating a water absorbent resin. Said method included subjecting a water-absorbing resin mixed with a predetermined radically polymerizable compound to heat treatment or radiation.
Park discloses in example 1 a super absorbent polymer comprising a polymer of an acrylic acid-based monomer containing acidic groups in which at least a portion of the acidic groups is neutralized; a polymerizable antimicrobial monomer and an internal cross-linking agent, wherein the polymerizable antimicrobial monomer is included in the polymer in an amount of 2 to 20 parts by weight based on 100 parts.
The instant claims differs from claim 1 with the choice of the antimicrobial monomer. Matsumoto does not set forth an antimicrobial compound having the chemical structure 1 found in claim 1. However, antimicrobial monomers such as those having general formula 1 in claims 1 and 4 are known to provide polymers with antimicrobial properties for fungi, such as penicillium pinophilumsuch are known as taught by Park--see (D2, fig.2, table 3). Matsumoto and Park and analogous art since they are concerned with the same endeavors, that is polymer having antimicrobial properties. Hence, the person skilled in the art would have found it obvious to use an antimicrobial monomer, such as those benzoic acid containing monomers, such as set forth by Park in the compositions set forth by Matsumoto in amounts from at least 2 parts by weight with a reasonable expectation obtaining a polymer having improved and promising effects against fungi, such as penicillium pinophilum, as suggested by Park in absence of evidence to the contrary and/or unexpected results. Claims 1-4 and 5-8 are obvious.
Regarding claims 5, 9, and 11: Matsumoto sets forth the preparation of said antimicrobial polymer and crosslinking in example 1. Example 10 set forth a preparation method of a super absorbent polymer, comprising the steps of: preparing a monomer composition by mixing an acrylic acid- based monomer containing an acidic group, a polymerizable antimicrobial monomer , a basic material, an internal cross-linking agent, and a polymerization initiator; forming a hydrogel polymer by performing thermal polymerization or photopolymerization on the monomer composition; and forming a super absorbent polymer containing a polymer by drying, pulverizing and classifying the hydrogel polymer, wherein the polymerizable antimicrobial monomer is used in an amount of 0.2 to 20 parts by weight based on 100 parts by weight of the acrylic acid-based monomer. Thus, claims 5, 9 and 11 are found in the reference.
Regarding claim 8: Matsumoto sets forth the centrifuge retention capacity (CRC) of the surface-treated water absorbent polymer is preferably 50g / g or less, more preferably 40g / g or less, and even more preferably 35g / g or less. The lower limit value is not particularly limited, but is preferably 10g / g or more, more preferably 20g / g or more, and still more preferably 25g / g or more. If the centrifuge retention capacity (CRC) exceeds 50g / g, the gel strength may decrease, and the fluid retention capacity under pressure may decrease accordingly. On the other hand, when the centrifuge retention capacity (CRC) is less than 10g / g, a sufficient absorbency cannot be obtained, and urine leakage may occur when used as diapers.
Regarding claim 10: Example 1 sets forth a neutralization of 70% mol.
Regarding claim 12: Matsumoto sets forth said polymers are useful in disposable diapers.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANZA L MCCLENDON whose telephone number is (571)272-1074. The examiner can normally be reached 8-5.
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/SANZA L. McCLENDON/Primary Examiner, Art Unit 1765
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