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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment
The amendments filed on January 22, 2026 have been entered. Claims 1-3 and 6-17 remain pending in the application.
Claim Rejections - 35 USC § 102
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3, 6-14, and 16-17 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Tsukamoto et al (US 2018/0371237 A1).
Regarding Claim 1: Tsukamoto teaches a waterborne resin crosslinking agent comprising two polycarbodiimides, wherein the first polycarbodiimide comprises isocyanate groups at both terminals each capped with a hydrophilic compound with a molecular weight of 340 or greater (para. 0018) and the second polycarbodiimide has isocyanate groups at both terminals that are capped with a monoalcohol/monool (para. 0081). The monoalcohol may be an aromatic alcohol (para. 0081), wherein the aliphatic groups may comprise n-butyl, n-pentyl, n-hexyl, n-heptyl, or n-octyl groups (para. 0085), which would result in a primary alkyl alcohol compound. The first polycarbodiimide is present at 5-80 parts by weight, or preferably 35-65 parts by weight, per 100 parts in total of both polycarbodiimides (para. 0101-0102).
Regarding Claims 2-3: Tsukamoto teaches a structure reading on formula (1) of instant claims 2-3 (para. 0019-0020, formula (a1)).
Regarding Claims 6-7: Tsukamoto teaches a liquid comprising the crosslinking agent and an aqueous medium such as water or a mixture of water and a hydrophilic solvent (para. 0111).
Regarding Claims 8-10: Tsukamoto teaches anionic alkylbenzenesulfonate and alkylsulfate surfactants, such as sodium dodecylbenzenesulfonate and sodium dodecylsulfate (para. 0123).
Regarding Claims 11-13: Tsukamoto teaches an aqueous resin composition comprising the crosslinking agent and an aqueous resin (para. 0125), such as a polyurethane, an acrylic resin, or a polyester resin containing carboxy groups (para. 0127).
Regarding Claim 14: Tsukamoto teaches paints, inks, fiber treatment agents, adhesives, and coating agents (para. 0184).
Regarding Claims 16-17: Tsukamoto teaches a film that is applied to a substrate/base and cured (para. 0131-0132).
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Tsukamoto et al (US 2018/0371237 A1).
Tsukamoto teaches the limitations of claim 11, as set forth above. Tsukamoto does not teach that the composition is for wet-on-wet coating. However, the selection of a known material based on its suitability for its intended use support a prima facie case of obviousness. MPEP 2144.07. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the composition taught by Tsukamoto for wet-on-wet coating because of its suitability for that purpose.
Response to Arguments
Applicant's arguments filed January 22, 2026 have been fully considered but they are not persuasive.
Applicant argues that Tsukamoto does not teach that the isocyanate groups at both terminals of the polycarbodiimide B are capped with the claimed primary alkyl alcohol. However, Tsukamoto teaches that the polycarbodiimide B has substituents derived from organic compounds having a molecular weight of 300 or less at both terminals (abstract), wherein the organic compounds are reacted with the isocyanate terminals (para. 0071) and include monoalcohols having an aliphatic hydrocarbon group (para. 0082) such as n-butyl, n-pentyl, n-hexyl, n-heptyl, and n-octyl groups (para. 0085). These compounds read on the claimed primary alkyl alcohol having 3-12 carbon atoms.
Applicant argues that Tsukamoto does not teach that the claimed alcohol compound enhances reactivity with isocyanate groups. However, mere recognition of latent properties in the prior art does not render nonobvious an otherwise known invention. MPEP 2145(II). The rejection is maintained.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAITLIN N ILLING whose telephone number is (571)270-1940. The examiner can normally be reached Monday-Friday 8AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Eashoo can be reached at (571)272-1197. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.N.I./Examiner, Art Unit 1767
/MARK EASHOO/Supervisory Patent Examiner, Art Unit 1767