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 .
Election/Restrictions
Claims 7-8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on July 21, 2025.
Accordingly, the requirement is made FINAL.
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 1-3, 9-10, 12 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Samain (US20130236647) in view of Sangawa (RU2674686) and Mallet (EP3659714).
Regarding claim 1, Samain teaches a method of chromatogenous grafting by reacting a hydroxylated substrate S with a long-chain fatty acid chloride (paragraph 0008), which is the same reaction as the instant claim (paragraphs 0001, 0008 and abstract) (acetylation of a solid material baring hydroxyls, which are accessible and capable of reacting with a fatty acid chloride in the gaseous state). Samain teaches the grafting reagent fatty acid chloride is deposited onto the hydroxylated face of the substrate by anilox roller of a device 3 (distributor device) (paragraphs 0147-0149 and 0097-0099), wherein anilox roller has an application surface which intrinsically suitable for depositing said at least one fatty acid chloride at least on the surface of said solid material from said application surface (see figure 3, paragraph 0125) (at least one fatty acid is distribution at least on the surface of said solid material using a distribution device). Samain teaches the fatty acid chloride on the surface of the solid material is heated by a heating roller 4 (paragraphs 0153, 0129-0130, figure 3), at a temperature sufficient to complete the grafting reaction (acylation reaction) at a desired rate (paragraphs 0169 and 0176). Therefore, it would have been within the skill of the ordinary artisan to adjust and optimize the temperature of the heating (in relative to the vaporization temperature of the fatty acid chloride) in the process to yield desired level of acylation reaction on the substrate at the desired rate. Discovery of optimum value of result effective variable in known process is ordinarily within skill of art. In re Boesch, CCPA 1980, 617 F. 2d 272, 205 USPQ215. Samain teaches a gas flow 7 (stream of a gaseous composition) is directed to sweep the surface of the substrate during the reaction (at acylation temperature) so the released HCL (formed by the actylation reaction) and the excess reagents (paragraph 0013) are gathered and eliminated (entrain) by aspiration device 6 (paragraph 0135, figure 3), thus Samain indicated the reaction is in gaseous state. Samain teaches the amount of fatty acid on the surface of the substrate is in a range of 0.01 to 10 g/m2 (paragraphs 0016-0017), which overlaps with the claimed range. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exist. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Geisler,116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05.
Samain teaches the application device is flexography or heliography device with anilox roller (application surface of the distributor device) (paragraphs 0098-0099), and does not explicitly teach the application surface of the distributor device is a velvet provided with velvet filiform elements. However, Sangawa teaches a method of fiber treating a nonwoven fabric layer, wherein the treatment agent is in liquid form (paragraphs 0005 and 0037). Sangawa teaches applying the liquid treatment agent using coating roller or flexographic printing are considered functionally equivalent method of applying treatment agent onto a surface (paragraph 0037). Therefore, it would have been obvious to one of ordinary skill in the art to substitute coating roller for flexography (anilox roller) as the distributing device with the application surface in the method as disclosed by Samain.
Samain in view of Samgawa does not explicitly teaches the application surface is a velvet provided with velvet filiform element. However, Mallet teaches a coating roller comprising a cylindrical drum coated with a lining made of textile material of the velvet type, the threads forming the pile of the velvet being monofilaments (abstract, paragraphs 0008-0010, figure 1) (velvet provided with velvet filiform elements as the application surface). Mallet’s velvet filiform element is considered to be non-reactive with respect to the at least one fatty acid chloride as it is polyamide (paragraph 0012), which is the same material as the claimed velvet filiform (see instant claim 9). Mallet teaches to load the roller with the coating material (taking up the coating material by contact with the coating material) (paragraph 0010) and apply the coating material on the surface (paragraph 0016). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use such velvet filiform element application surface on the distributor device as suggested by Mallet in the method of Samain in view of Samgawa because Mallet teaches such coating device (distribution device) is capable to apply the coating evenly and reduce unpleasant splashes (paragraph 0002).
Regarding claim 2, Mallet teaches the coating material (fatty acid chloride) is distributed on the surface by brushing of free longitudinal ends of the velvet filiform element of the application surface over the surface of the substrate (see figures 1 and 2, paragraph 0016).
Regarding claim 3, Mallet teaches the distributor device comprises at least one applicator roller having said application surface, and the application of the coating material is conducted by rolling the roller loaded with the material on the substrate surface (paragraphs 0008-0010 and 0016). Samain teaches the applicator roller 3 being rotatably mounted with respect to the substrate and the fatty acid chloride grafting reagent is distributed by rotating the roller, and the application surface being in contact with the solid material (see figure 3, paragraphs 0097-0099).
Regarding claim 9, Mallet teaches the velvet filiform element is polyamide (paragraph 0012).
Regarding claim 10, Mallet teaches the application surface is loaded with the coating material (fatty chloride acid) before depositing on the surface (paragraphs 0010 and 0016).
Regarding claim 12, Mallet teaches the length of the velvet is 8 to 27 mm (paragraph 0011), which overlaps with the claimed range. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exist. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Geisler,116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05.
Regarding claim 16, Mallet teaches the filiform element has an optimal flexibility of elasticity needed for lading and applying the coating (paragraph 0016), and would be obvious to also consider not to damage the substrate surface when considering the optimal flexibility.
Regarding claim 17, Samain teaches the solid material has an outer surface layer formed of polyvinyl alcohol (paragraphs 0067 and 0105).
Claims 4-6 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Samain (US20130236647) in view of Sangawa (RU2674686) and Mallet (EP3659714) as applied to claims 1-3, 9-10, 12 and 16-17 above, and further in view of Galinou (GB1517239).
Regarding claim 4, Samain teaches the substate (solid material) is in the form of a roll which is placed on the winder 1, a sufficient length of the substate is moved (in a run direction parallelt to the largest dimension of the strip) to the rewinding device 8 (take up roll), wherein in the substate is being treated by the grafting process (acylated) between the winder 1 and rewinding device 8 (paragraphs 0142-0143, figure 3) (solid material being in the form of a strip moved in a run direction parallel to the largest dimension of the strip, between a reel upstream of said strip and a take up roll downstream of a strip of acylated solid material). Samain teaches the fatty acid chloride is deposited and distributed continuously on the free surface of said moving solid material by the device 3 (paragraphs 0098-0099, figure 3). Samain teaches to heat the fatty acid chloride to facilitate the grafting reaction (acylation) on the susbtrate using a heating roller (paragraphs 0104, 0126-130, figure 3) (solid material is heated so that said at least one fatty acid chloride distributed at least on the surface of said solid material reaches said acylation temperature on said solid material). Samain teaches an air knife 7 sweeps the treated surface of the solid material so that an aspiration device 6 can gather regent residue, water, and hydrochloric acid from treated surface, wherein the air knife feed the air to an airgap of the fairing device 40 where the heating roller 4 is located (paragraphs 0131 and 0135, figure 3) (the stream of gaseous composition is directed over said solid material at said acylation temperature, whereby said solid material is acylate).
Samain teaches the fatty acid chloride is deposited and distributed by the device 3 during the application process, but does not explicitly teach the deposited fatty acid chloride is further distributed. However, Galinou teaches a method of applying a coating to a surface (page 1 lines 14-20). Galinou teaches to apply a coating with a coating roller 10 and then equalizing and smoothing (distributing) the coating whilst eliminating any deficiency by rolling the coated surface with a second roller 12, wherein the second roller 12 and first roller 10 are identical with flexible rubbing fibers of hairs 18 on the exterior surface (application surface) (page 3 lines 100-115, page 4 lines 25-31 and lines 46-60). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a roller with hair (filiform element) to distribute the deposited material after being coated on the surface as suggested by Galinou in the method of Samain in view of Samgawa and Mallet because Galinou teaches such roller can equalize and smooth the coating while eliminating any deficiencies (page 4 lines 46-60).
Regarding claims 5-6, Samain teaches the fatty acid chloride is deposited continuously by a flexography or heliography device (printing device) (paragraphs 0045, 0057, 0098-0099).
Regarding claim 15, Samain does not explicitly teach the rotatable applicator roller is rotated in a direction of the rotation chosen so that the outer surface of the roller is moved concurrent to the movement of said solid material. However, it is obvious to choose from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143 I. E.). In this case, there is only two possible solutions: the roller is moved concurrent or countercurrent to the movement of the solid material; all of the scenarios result in the same outcome of deposition of the coating on the surface. Thus, it would be obvious to one of ordinary skill in the art before the effectively filing date to choose moving the roller concurrently to the movement of the solid material in light of the teaching of Samain, especially moving the roller concurrently with the direction of the movement of the solid material will ensure no extra frictional force is applied to the substrate surface from the roller.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Samain (US20130236647) in view of Sangawa (RU2674686) and Mallet (EP3659714) as applied to claims 1-3, 9-10, 12 and 16-17 above, and further in view of Eichholz (US20170241080).
Regarding claim 11, Samain in view of Sangawa and Mallet teaches all limitations of this claim, except the solid material is disposable tissue. However, Eichholz teaches the process of coating a cellulose based fibrous substrate web with fatty acid chloride to achieve hydrophobic property on the substrate (abstract, paragraphs 0001, 0009), which is similar process with Samain. Eichholz the substrate can be cardboard (Samain’s substrate material, see paragraph 0069) or tissue (paragraph 0021). Therefore, it would have been obvious to one of ordinary skill in the art to substitute disposable tissue for cardboard as the substrate (solid material) in the method as disclosed by Samain in view of Sangawa and Mallet.
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Samain (US20130236647) in view of Sangawa (RU2674686), Mallet (EP3659714) and Galinou (GB1517239) as applied to claims 1-6, 9-10, 12 and 15-17 above, and further in view of Eichholz (US20170241080).
Regarding claim 13, Samain in view of Sangawa, Mallet and Galinou teaches all limitations of this claim, except the rotatable applicator roller is rotated with the angular speed chosen so that the free ends of the velvet filiform elements are rotated with a linear velocity having a value different from the value of the run speed of said solid material. Eichholz teaches the rotational speed of the coating rollers controls the quantity of the fatty acid chloride being transferred to the substrate (pargraph 0075).
Therefore, it would have been within the skill of the ordinary artisan to adjust and optimize the rotational speed of the roller (relative to the speed of the substrate) in the process to yield the desired quantity of the fatty acid chloride being transferred to the surface of the substrate. Discovery of optimum value of result effective variable in known process is ordinarily within skill of art. In re Boesch, CCPA 1980, 617 F. 2d 272, 205 USPQ215.
Regarding claim 14, Samain does not explicitly teach the rotatable applicator roller is rotated in a direction of the rotation chosen so that the outer surface of the roller is moved countercurrent to the movement of said solid material. However, it is obvious to choose from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143 I. E.). In this case, there is only two possible solutions: the roller is moved concurrent or countercurrent to the movement of the solid material; all of the scenarios result in the same outcome of deposition of the coating on the surface. Thus, it would be obvious to one of ordinary skill in the art before the effectively filing date to choose moving the roller countercurrently to the movement of the solid material in light of the teaching of Samain, especially moving the roller counter currently with the direction of the movement of the solid material to successfully depositing material on the substrate is demonstrated by Eichholz (see figure 2, paragraph 0075).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Samain (US20130236647) in view of Sangawa (RU2674686) and Mallet (EP3659714) as applied to claims 1-3, 9-10, 12 and 16-17 above, and further in view of Meldel (US20120040112).
Regarding claim 18, Samain teaches the composition comprises the fatty acid chloride, such as stearic acid chloride or palmitic acid chloride (paragraphs 0058). Thus, Samain in view of Sangawa and Mallet teaches all limitations of this claim, except the composition further comprises acetyl chloride. However, Meldel teaches a method of coating hydroxylated surface by gas phase grafting (acylation) with acyl group compound to water proof the cardboard surface (abstract), which is a similar process with Samain. Meldel teaches the acyl compound comprises acetyl chloride and stearic acid chloride (see paragraphs 0015), and acylation reagent can be used in concert to prepare the fibers with composite surface modification (paragraphs 0194 and 0207).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further include an acylation reagent such as acetyl chloride in the composition as suggested by Meldel in the method of Samain in view of Sangawa and Mallet because Meldel teaches is possible to use more than one acylation reagents and the reagents with comparable reactivity and boiling point can be used in concert to prepare fibers with composite surface medication (paragraph 0194).
Conclusion
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/NGA LEUNG V LAW/ Examiner, Art Unit 1717