Office Action Predictor
Application No. 18/039,297

RHEOLOGY CONTROL AGENT

Non-Final OA §103
Filed
May 30, 2023
Examiner
LEONARD, MICHAEL L
Art Unit
1763
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Byk-Chemie GMBH
OA Round
1 (Non-Final)
64%
Grant Probability
Moderate
1-2
OA Rounds
3y 3m
To Grant
58%
With Interview

Examiner Intelligence

64%
Career Allow Rate
836 granted / 1315 resolved
Without
With
+-6.0%
Interview Lift
avg trend
3y 3m
Avg Prosecution
62 pending
1377
Total Applications
career history

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
50.5%
+10.5% vs TC avg
§102
19.3%
-20.7% vs TC avg
§112
18.8%
-21.2% vs TC avg
Black line = Tech Center average estimate • Based on career data

Office Action

§103
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. Claim s 1-7 and 12-17 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. No. 20170037262 to Leutfeld et al. As to claims 1-7, Leutfeld discloses storage-stable urea preparations suitable as rheology control agents comprising organic solvents N alkyl amides, and mixtures of urea compounds having the following formulas (0039-0044 , See Examples a1-a8 ) : That are prepared by reacting diisocyanate with various monohydroxy compounds to prepare a mono-isocyanate that is further reacted with a diamine component (See EP-2292675 cited by Leutfeld 0062). Leutfeld discloses mixtures of the urea compounds may be used, such mixtures would include the use of different reactants to provide multiple types RP1 and RP2 groups including those that fall within the claimed scope. Though Leutfeld discloses mixtures of urea compounds may be used, specific mixtures of the urea compounds with different RP1 and RP2 groups are not disclosed. However, the position is taken that the use of such mixtures would have been obvious at the time of invention, because the use of such mixtures would have permitted tailoring such characteristics as rheological efficacy, storage stability, and to provide urea compositions having broad compatibility in application-relevant formulations (0007). Applicants have not established that the claimed mixtures yield unexpected results. As to claims 3-7, Leutfeld discloses the following: As to claim 12, Leutfeld discloses wherein the composition comprising 0.5 to 4% by weight of salts (0098-0099) . As to claims 13-15, Leutfeld discloses storage-stable urea preparations suitable as rheology control agents comprising organic solvents, N alkyl amides, and mixtures of urea compounds having the following formulas (0039-0044): As to claim 16, Leutfeld discloses methods of controlling the rheology of a liquid composition comprising the storage-stable urea preparations (0001-0006). As to claim 17, Leutfeld discloses coated articles comprising the storage-stable urea preparations (0138-0139). Allowable Subject Matter Claims 8-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT MICHAEL L LEONARD whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-7450 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M - F 7:00-4:00 . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Joseph Del Sole can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-1130 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MICHAEL L LEONARD/ Primary Examiner, Art Unit 1763
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Prosecution Timeline

May 30, 2023
Application Filed
Dec 17, 2025
Non-Final Rejection — §103
Mar 19, 2026
Response Filed

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Prosecution Projections

1-2
Expected OA Rounds
64%
Grant Probability
58%
With Interview (-6.0%)
3y 3m
Median Time to Grant
Low
PTA Risk
Based on 1315 resolved cases by this examiner