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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
Claims 2 and 5-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO-2018172526 to Carboni et al. (Cited on IDS).
As to claims 2, 7, and 9-10, Carboni discloses a process for preparing a polyurethane dispersion containing 20 to 50% by weight of an anionic polyurethane having a mean particle size of 1 to 15 microns (Abstract) wherein the process comprises the step of contacting a polycarbonate polyol, dimethylolbutanoic acid, isophorone diisocyanate in dipropylene glycol dimethyl ether solvent to prepare an NCO-terminated prepolymer that is then neutralized with triethylamine, dispersed in an aqueous medium and then chain extended with hydrazine and a sodium salt of 2-[(2-aminoethyl)amino)ethanesulfonic acid to prepare the polyurethane dispersion (steps in example 1, refer to example 13 for materials). Carboni further discloses chain extension with ethylene diamine (Pg. 15, ll. 9). The selection of chain extenders is chosen from such a small list (6) as to anticipate the claims.
As to claims 5-6, Carboni discloses wherein a catalyst may be used in the prepolymer step to accelerate the reaction including tin catalysts (Pg. 13, Il.14-15).
As to claims 8 and 11, Carboni discloses the equivalent amount of chain extender is preferably from 70 to 90% by weight of the free NCO groups in the prepolymer (Pg. 16, ll. 5). Carboni discloses the prepolymer is dispersed in 1000 grams of water containing 11 grams of ethoxylated fatty alcohol, 86 grams of chain extender and 35 grams of sulfonate chain extender (See Example 1).
Response to Arguments
Applicant's arguments filed 09/19/2025 have been fully considered but they are not persuasive.
The applicant argues that Carboni teaches the use of other types of solvents other than DPGDME and that the consisting essentially of language excludes this. This is not found persuasive because 1) consisting essentially of language does not exclude other types of solvents and 2) Carboni uses only DPGDME in example 13. The applicant argues that Carboni does not expressly disclose the claimed combination of reactants. In example 13, Carboni teaches a process for preparing a polyurethane dispersion containing 20 to 50% by weight of an anionic polyurethane having a mean particle size of 1 to 15 microns (Abstract) wherein the process comprises the step of contacting a polycarbonate polyol, dimethylolbutanoic acid, isophorone diisocyanate in dipropylene glycol dimethyl ether solvent to prepare an NCO-terminated prepolymer that is then neutralized with triethylamine, dispersed in an aqueous medium and then chain extended with hydrazine and a sodium salt of 2-[(2-aminoethyl)amino)ethanesulfonic acid to prepare the polyurethane dispersion (steps in example 1, refer to example 13 for materials). The materials (except for the claimed ethylene diamine) and the processes are the same. However, Carboni further selects chain extenders that includes ethylene diamine from such a small list as to anticipate the claims and its selection.
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.
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/MICHAEL L LEONARD/Primary Examiner, Art Unit 1763