DETAILED ACTION
Applicant’s amendment dated 18 May 2026 is hereby acknowledged. Claims 1-22 as amended are pending, with claims 14-21 withdrawn. All outstanding objections and rejections made in the previous Office Action, and not repeated below, are hereby withdrawn.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior office action.
Claim Rejections - 35 USC § 103
Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over EP 3187046 A1 (“Guerret”) in view of WO 2020/081661 (“McCarthy”).
EP 3187046 A1 was included in applicant’s IDS. A partial machine translation is enclosed.
As to claims 1, 2, and 4-8, Guerret teaches a method for diffusing a semiochemical substance by providing a solid composition (para. 0004), having a polymer matrix (para. 0054), thus a polymer resin. Guerret teaches contacting a composition having a semiochemical substance with the solid composition and impregnating the solid composition (para. 0054-0055). Guerret teaches diffusing the semiochemical substance from the solid (para. 0067), which process can then be repeated.
Guerret teaches the solid composition includes acrylic block copolymer (para. 0016), in particular including an alkyl methacrylate block and alkyl acrylate block (para. 0019). This block copolymer is a polymeric resin, and therefore a composition can be considered to be a block copolymer dispersed and immobilized in a polymeric resin.
Guerret teaches that the method can be carried out on any shape of object (para. 0066), but does not discuss applying onto a substrate with a solvent and evaporating solvent. However, it is known from McCarthy, that methyl methacrylate-butyl acrylate-methyl methacrylate block copolymer as required by claims 1 and 4-8 may be applied as a topcoating with solvent, being applied in solvent (abstract, para. 0040), applied to a substrate and dried (abstract), thus evaporating solvent. The block copolymer is a polymeric resin, and is deemed to meet both recitations. The resulting material is secured to the substrate as required by claim 2.
It would be obvious to a person of ordinary skill in the art to render the solid composition of Guerret as a coating on a substrate, given that McCarthy teaches that the same type of block copolymer may be applied as a substrate coating in the recited manner.
As to claim 3, Guerret does not discuss securing to a substrate, but teaches forming into any suitable shape. McCarthy teaches applying the same type of polymeric composition to steel, thus metal substrate (para. 0065).
As to claims 9 and 10, Guerret teaches that the semiochemical may be animal pheromone (para. 0053), in particular for cats as require by claim 10.
As to claim 11, Guerret teaches the method may be used for calming (appeasing) pheromone (para. 0088).
As to claims 12 and 13, Guerret teaches the use of the composition for control of mammalian behavior (para. 0038). While not explicitly recited, this suggests use in a living area of an animal. Further, Guerret teaches its use in collars (para. 0066), which would necessarily be use in the living area of an animal.
Claims 1-13 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over EP 3187046 A1 (“Guerret”) in view of US 20100261832 (“Magnet”).
EP 3187046 A1 was included in applicant’s IDS. A partial machine translation is enclosed.
As to claims 1, 2, and 4-8, Guerret teaches a method for diffusing a semiochemical substance by providing a solid composition (para. 0004), having a polymer matrix (para. 0054), thus a polymer resin. Guerret teaches contacting a composition having a semiochemical substance with the solid composition and impregnating the solid composition (para. 0054-0055). Guerret teaches diffusing the semiochemical substance from the solid (para. 0067), which process can then be repeated.
Guerret teaches the solid composition includes acrylic block copolymer (para. 0016), in particular including an alkyl methacrylate block and alkyl acrylate block (para. 0019). This block copolymer is a polymeric resin. Specifically, Guerret teaches triblock copolymer of PMMA-PABu-PMMA type (para. 0027), which meet the recitation of claims 4-8
Guerret teaches that the method can be carried out on any shape of object (para. 0066), but does not discuss applying onto a substrate with a solvent and evaporating solvent. To the extent that claim 1 requires a polymeric resin different from the block copolymer, Guerret does not teach a separate block copolymer in which the block copolymer is dispersed and immobilized. However, it is known from Magnet, that methyl methacrylate-butyl acrylate-methyl methacrylate block copolymer (para. 0102) can be applied to with a second polymer (para. 0103) in aqueous dispersion (para. 0100), thus a solvent and a liquid composition and applied to a substrate and dried (para. 0302), thus evaporating solvent. The block copolymer is a polymeric resin, and is deemed to be dispersed and immobilized in the second polymer, and secured to the substrate as required by claim 2.
It would be obvious to a person of ordinary skill in the art to render the solid composition of Guerret as a coating on a substrate in the recited manner, given that Magnet teaches that the same type of block copolymer may be applied as a substrate coating in the recited manner.
As to claim 3, Guerret does not discuss securing to a substrate, but teaches forming into any suitable shape. Magnet teaches applying the same type of polymeric composition to paper substrate (para. 0302), and thus paper is an obvious substrate for a coating of the block copolymer as taught by Magnet.
As to claims 9 and 10, Guerret teaches that the semiochemical may be animal pheromone (para. 0053), in particular for cats as require by claim 10.
As to claim 11, Guerret teaches the method may be used for calming (appeasing) pheromone (para. 0088).
As to claims 12 and 13, Guerret teaches the use of the composition for control of mammalian behavior (para. 0038). While not explicitly recited, this suggests use in a living area of an animal. Further, Guerret teaches its use in collars (para. 0066), which would necessarily be use in the living area of an animal.
As to claim 22, Guerret does not teach a thin layer, but Magnet teaches that coatings of the block copolymers may be applied to thicknesses of 100 to 1000 micrometers (Magnet, para. 0087), and as such thicknesses of layer, including thin layer coating, is contemplated by Magnet.
Response to Arguments
Applicant's arguments filed 18 May 2026 have been fully considered but they are not persuasive.
Applicant argues against the application of Guerret in view of McCarthy or Guerret in view of Magnet on the grounds that the block copolymers therein are not “polymeric resin”. This is not persuasive because polymeric resin is broad, and even under applicant’s description, is not limited to the recited species. If applicant wishes to limit polymeric resin to specific types of polymers, the claims should be amended to require these species, or else recite some distinction between a polymeric resin and the block copolymer.
Applicant’s further argument against the combination of Guerret and McCarthy are likewise not persuasive. The polymer resin as recited is not adequately distinguished from the block copolymer, and as such, the coating of McCarthy using the block copolymer meets the two polymers as recited. Guerret teaches that such polymers are useful for absorbing and releasing semiochemical compounds.
Applicant’s further argument over Guerret in view of Magnet is not persuasive, because Guerret is not limited to the specific formation methods exemplified therein.
Applicant’s assertion of unexpected results is not persuasive, given that Guerret already teaches the utility of the recited block copolymers for diffusion of substances.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KREGG T BROOKS whose telephone number is (313)446-4888. The examiner can normally be reached Monday to Friday 9 am to 5:30 pm.
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/KREGG T BROOKS/ Primary Examiner, Art Unit 1764
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