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 Objections
Claims 2, 4-5, and 18 are objected to because of the following informalities.
Claim 2, line 1, “the group” should read “a group”.
Claim 4, lines 1-2, “an ion exchange capacity” should read “the ion exchange capacity”.
Claim 5, line 2, “a wipe” should read “the wipe”.
Claim 18, line 11, “the polymerized vinyl aromatic monomers” should read “polymerized vinyl aromatic monomers”.
Claim 18, line 14, “the polymerized conjugated diene monomers” should read “polymerized conjugated diene monomers”.
Appropriate correction is required.
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable under US 20040081844 A1 (“Bharti”) in view of KR 20170003278 A (“Jeong”).
In regards to claim 1, Bharti discloses the following limitations with the exception of the underlined limitations.
A laminate for marking comprising: a substrate having a marking surface to facilitate markings with a marking material ([0028], “articles of the present invention can ... be ... adhered to ... from ... a wide range of substrates ... and may ... be marked”);
the marking surface comprises an outer layer ([0010], “the present invention provides” and [0031], “a first coating layer”) containing a sulfonated block copolymer, wherein the sulfonated block copolymer has an ion exchange capacity (IEC) of at least 0.5 meq/g;
the outer layer containing the sulfonated block copolymer has a thickness of at least 1 µm ([0101], “The two outer layers had a thickness of 0.005 mils (0.1 micrometers)”);
and wherein at least 50% of the markings can be erased from the marking surface with a wipe moist with a cleaning fluid after wiping for less than 5 min ([0204], “In many cases a single stroke of the eraser removed all the writing. In other cases it took ten or more strokes to remove the writing … For some markers, the eraser did not remove all of the writing. If some writing remained on the surface, water was applied to a paper towel. The number of strokes of the wet towel required to completely remove the writing was counted … If the wet towel did not remove … the writing, Windex window cleaner … and a paper towel were applied to the surface”).
Jeong discloses
containing a sulfonated block copolymer, wherein the sulfonated block copolymer has an ion exchange capacity (IEC) of at least 0.5 meq/g (page 4, paragraph 2, “substrate may be formed of ... polyarylene ether sulfone” Examiner notes that polyarylene ether sulfone can be modified to become a sulfonated block copolymer and that its ion exchange capacity ranges from 1.1 meq/g to 2.9 meq/g.);
Bharti and Jeong are considered analogous to the claimed invention because they are in the field of writing surfaces. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a laminate for marking comprising: a substrate having a marking surface to facilitate markings with a marking material; the marking surface comprises an outer layer, the outer layer containing the sulfonated block copolymer has a thickness of at least 1 µm; and wherein at least 50% of the markings can be erased from the marking surface with a wipe moist with a cleaning fluid after wiping for less than 5 min, as disclosed by Bharti, containing a sulfonated block copolymer, wherein the sulfonated block copolymer has an ion exchange capacity (IEC) of at least 0.5 meq/g, as disclosed by Jeong, to provide polyarylene ether sulfone for a heat-resistant shrinkable laminate.
In regards to claim 2, Bharti discloses
wherein the cleaning fluid is selected from the group consisting of water, isopropyl alcohol, rubbing alcohol, acetone, and mixtures thereof ([0204], “If some writing remained on the surface, water was applied to a paper towel … If the wet towel did not remove … the writing, Windex window cleaner … and a paper towel were applied to the surface” Examiner notes that Windex window cleaner contains water and alcohol.).
In regards to claim 3, Bharti does not disclose wherein the sulfonated block copolymer has a degree of sulfonation of 10 to 100 mol%, based on polymer blocks susceptible to sulfonation.
Jeong discloses
wherein the sulfonated block copolymer has a degree of sulfonation of 10 to 100 mol%, based on polymer blocks susceptible to sulfonation (page 4, paragraph 2, “substrate may be formed of ... polyarylene ether sulfone” Examiner notes that polyarylene ether sulfone has a degree of sulfonation of 40 to 80 mol%.).
Bharti and Jeong are considered analogous to the claimed invention because they are in the field of writing surfaces. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a laminate for marking comprising: a substrate having a marking surface to facilitate markings with a marking material; the marking surface comprises an outer layer, the outer layer containing the sulfonated block copolymer has a thickness of at least 1 µm; and wherein at least 50% of the markings can be erased from the marking surface with a wipe moist with a cleaning fluid after wiping for less than 5 min, as disclosed by Bharti, wherein the sulfonated block copolymer has a degree of sulfonation of 10 to 100 mol%, based on polymer blocks susceptible to sulfonation, as disclosed by Jeong, to provide polyarylene ether sulfone for a heat-resistant shrinkable laminate.
In regards to claim 4, Bharti does not disclose wherein the sulfonated block copolymer has an ion exchange capacity (IEC) of 1.0 to 2.6 meq/g.
Jeong discloses
wherein the sulfonated block copolymer has an ion exchange capacity (IEC) of 1.0 to 2.6 meq/g (page 4, paragraph 2, “substrate may be formed of ... polyarylene ether sulfone” Examiner notes that polyarylene ether sulfone is a sulfonated block copolymer and that its ion exchange capacity ranges from 1.1 meq/g to 2.9 meq/g.).
Bharti and Jeong are considered analogous to the claimed invention because they are in the field of writing surfaces. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a laminate for marking comprising: a substrate having a marking surface to facilitate markings with a marking material; the marking surface comprises an outer layer, the outer layer containing the sulfonated block copolymer has a thickness of at least 1 µm; and wherein at least 50% of the markings can be erased from the marking surface with a wipe moist with a cleaning fluid after wiping for less than 5 min, as disclosed by Bharti, wherein the sulfonated block copolymer has an ion exchange capacity (IEC) of 1.0 to 2.6 meq/g, as disclosed by Jeong, to provide polyarylene ether sulfone for a heat-resistant shrinkable laminate.
In regards to claim 5, Bharti discloses
wherein at least 80% of markings can be erased from the marking surface with a wipe moist with the cleaning fluid ([0204], “If the wet towel did not remove … the writing, Windex window cleaner … and a paper towel were applied to the surface”) after wiping for less than 2 min ([0114], “The marked films were rubbed … using moderate pressure, in a back and forth motion until either the marking was completely erased or until ten back and forth motions had been completed.” Examiner notes that ten back and forth motions can take less than ten seconds.).
In regards to claim 6, Bharti discloses
wherein when the cleaning fluid is water, and at least 50% of the markings can be erased from the marking surface with the wipe moist with water ([0204], “If some writing remained on the surface, water was applied to a paper towel”) after wiping for less than 5 min ([0204], “The marked films were rubbed … using moderate pressure, in a back and forth motion until either the marking was completely erased or until ten back and forth motions had been completed.” Examiner notes that ten back and forth motions can take less than ten seconds.).
In regards to claim 7, Bharti discloses
wherein the wipe is selected from the group consisting of towelette, absorbent sheet, fabric, sponge, paper, absorbent polymer, and mixtures thereof ([0204], “Windex window cleaner … and a paper towel were applied to the surface”).
In regards to claim 8, Bharti discloses
wherein the wipe contains the cleaning fluid in an amount of greater than 1 wt.%, based on total weight of the wipe ([0204], “Expo dry erase spray cleaner was sprayed on the surface and wiped with a paper towel.” Examiner notes that cleaner dispensed in a single spray may range from .1 to 1.5 grams, while the weight of a paper towel is about 2 to 3 grams, which is at least 5 wt.%.).
In regards to claim 9, Bharti discloses
wherein the marking material is selected from the group consisting of inks, acrylic paints, oil-based paints, watercolors, gouache paints, encaustic paints, spray paints, pastel colors, crayons, nail polish, and mixtures thereof ([0028], “Erasable articles of the present invention can … be marked … using a variety of inks.”).
In regards to claim 10, Bharti discloses
wherein the substrate is selected from the group consisting of synthetic paper, standard paper, waterproof paper, recycled paper, glass, plastic materials, canvas, wood, woven fabric, non-woven fabric, fibers, and mixtures thereof ([0138], “substrates are based on paper, for example, uncoated paper, coated paper, polymer coated paper, and paper film laminates”).
In regards to claim 11, Bharti discloses
wherein the outer layer containing the sulfonated block copolymer has a thickness of 10 µm to 5 mm ([0083], “polymeric layer has a thickness in a range of from about 0.5 micrometers to about 20 micrometers”).
In regards to claim 12, Bharti discloses
wherein the outer layer containing the sulfonated block copolymer has a thickness of 50 µm - 2 mm ([0083], “polymeric layer has a thickness in a range of from about 0.5 micrometers to about 20 micrometers”).
In regards to claim 13, Bharti discloses
wherein the outer layer containing the sulfonated block copolymer is formed on the marking surface by forming a coating on the substrate by any of spray coating, electro-coating, electro-spinning, direct coating, transfer coating, dip coating, or slot-die coating ([0082], “polymeric layer may be affixed to a polymeric film by … coating a precursor composition (e.g., … spraying, spin coating, dip coating, curtain coating) onto a surface of a polymer film”).
In regards to claim 14, Bharti discloses
wherein the outer layer containing the sulfonated block copolymer is formed on the marking surface by forming a coating with a composition comprising the sulfonated block copolymer partially or fully dissolved in a solvent in an amount of 1 to 10 wt.%, based on total weight of the solvent ([0177], “The leveling agent can be a solvent … the leveling agent is present in an amount up to about 1 wt. %, … based on the total weight of the … coating composition”).
In regards to claim 15, Bharti discloses
wherein the solvent is selected from the group consisting of water, isopropyl alcohol, acetone, N,N-dimethylacetamide, 1-methyl-2- pyrrolidinone, 1,3-dioxolane, 2-methoxy ethanol, dimethylformamide, benzyl alcohol, cyclopentane, cyclohexane, cycloheptane, cyclooctane, hexane, heptane, nonane, decane, paraffinic oil, methyl-tert-butyl ether, tetrahydrofuran (THF), dioxan, ethyl acetate, dimethylsulfoxide (DMSO), dimethylformamide (DMF), methanol, ethanol, propanol, butanol, toluene, xylene, and mixtures thereof ([0143], “marker solvents include ethanol, isopropanol, methyl isobutyl ketone, n-butyl acetate, ethyl acetate, n-propanol, and n-butanol”).
In regards to claim 16, Bharti does not disclose wherein the sulfonated block copolymer has a molecular weight (Mp) of 0.5 to 2.6 meq/g.
Jeong discloses
wherein the sulfonated block copolymer has a molecular weight (Mp) of 0.5 to 2.6 meq/g (page 4, paragraph 2, “substrate may be formed of ... polyarylene ether sulfone” Examiner notes that polyarylene ether sulfone has a molecular weight that ranges from ~19,000 g/mol to over 200,000 g/mol. Examiner also notes that molecular weight is measured in g/mol, not meq/g, which is the unit for ion exchange capacity.).
Bharti and Jeong are considered analogous to the claimed invention because they are in the field of writing surfaces. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a laminate for marking comprising: a substrate having a marking surface to facilitate markings with a marking material; the marking surface comprises an outer layer, the outer layer containing the sulfonated block copolymer has a thickness of at least 1 µm; and wherein at least 50% of the markings can be erased from the marking surface with a wipe moist with a cleaning fluid after wiping for less than 5 min, as disclosed by Bharti, wherein the sulfonated block copolymer has a molecular weight (Mp) of 0.5 to 2.6 meq/g, as disclosed by Jeong, to provide polyarylene ether sulfone for a heat-resistant shrinkable laminate.
In regards to claim 17, Bharti discloses the following limitation with the exception of the underlined limitation.
wherein the sulfonated block copolymer is a sulfonated styrenic block copolymer obtained by sulfonation of a styrenic block copolymer precursor ([0138], “substrates for the … dry erase article are … polystyrene, copolymers of acrylonitrile-styrene” Examiner notes that polyarylene ether sulfone can be modified with styrenes to create a sulfonated styrenic copolymer.).
Jeong discloses
wherein the sulfonated block copolymer is (page 4, paragraph 2, “substrate may be formed of ... polyarylene ether sulfone”)
Bharti and Jeong are considered analogous to the claimed invention because they are in the field of writing surfaces. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a laminate for marking comprising: a substrate having a marking surface to facilitate markings with a marking material; the marking surface comprises an outer layer, the outer layer containing the sulfonated block copolymer has a thickness of at least 1 µm; and wherein at least 50% of the markings can be erased from the marking surface with a wipe moist with a cleaning fluid after wiping for less than 5 min, as disclosed by Bharti, wherein the sulfonated block copolymer, as disclosed by Jeong, to provide polyarylene ether sulfone for a heat-resistant shrinkable laminate.
In regards to claim 18, Bharti discloses
wherein the styrenic block copolymer precursor has a general configuration of: A-B-A, (A-B)n(A), (A-B-A)n, (A-B-A)nX, (A-B)nX, A-D-B, A-B-D,A-D-B-D-A, A-B-D-B-A, (A-D-B)nA, (A-B-D)nA (A-D-B)nX, (A-B-D)nX, (A-D-B-D-A)nX, (A-B-D-B-A)nX, or mixtures thereof; wherein n is an integer from 2 to 30, and X is a residue of a coupling agent; and wherein: each block A comprises polymerized para-substituted styrene monomers selected from the group consisting of para-methylstyrene, para-ethylstyrene, para-n-propylstyrene, para-iso- propylstyrene, para-n-butylstyrene, para-sec-butylstyrene, para-iso-butylstyrene, para-t- butylstyrene, isomers of para-decylstyrene, isomers of para-dodecylstyrene, and mixtures thereof ([0070], “free-radically polymerizable materials include … styrene and substituted styrenes”);
each block B comprises the polymerized vinyl aromatic monomers selected from the group consisting of unsubstituted styrene, ortho-substituted styrene, meta-substituted styrene, alpha-methylstyrene, 1,1 -diphenylethylene, 1,2-diphenylethylene, and mixtures thereof ([0070], “free-radically polymerizable materials include … alpha.-methylstyrene”);
and each block D comprises the polymerized conjugated diene monomers selected from the group consisting of isoprene, 1,3-butadiene, 2,3-dimethyl-1,3-butadiene, 1-phenyl-1,3-butadiene, 1,3-pentadiene, 1,3-hexadiene, 3-butyl-1,3-octadiene, farnesene, myrcene, piperylene, cyclohexadiene, and mixtures thereof ([0154], “monomer … is selected from a group consisting of … 2-phenyl-2” Examiner notes that styrene monomers (i.e., substituted styrenes), polymerized vinyl monomers (i.e., alpha-methylstyrene), and polymerized conjugated monomers (i.e., 2-dimethyl-1 and 2-phenyl-2) may be configured in the manner of the claimed invention for a styrenic block copolymer precursor.).
In regards to claim 19, Bharti discloses
an article comprising the laminate ([0002], “The present invention relates to articles having an erasable writing surface.”)
In regards to claim 20, Bharti discloses
wherein the article is selected from a notebook, an erase board ([0186], “The adhesives allow attachment of the dry erase article to … make a dry erase board.”), a class-board, a handheld writing board, a rollable writing structure, a clip board, an art structure, a fillable form, a sticky note, a label, a desk, a wallpaper, a greeting card, a surgical pouch, and an envelope ([0130], “An … adhesive layer … may … be included in dry erase article …, providing the user the ability to secure dry erase article … to a wall, desktop, or other surface”).
Contact Information
Any inquiry concerning this communication or earlier communications from the
examiner should be directed to LISA HOPE ANTOINE whose telephone number is
(571) 272-4252. The examiner can be reached Monday-Thursday, 7:30 am-5:30 pm CDT. 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, Xuan Thai, can be reached on (571) 272-7147. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/LISA HOPE ANTOINE/
Examiner, Art Unit 3715
/GAUTAM UBALE/Supervisory Patent Examiner, Art Unit 4100