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 .
Election/Restrictions
Applicant’s election without traverse of Group I, species of claim 1 in the reply filed on 6/4/26 is acknowledged.
The subject matter of claim 1 has been found allowable, thus, claims 8-14 are rejoined and search has continued thereon.
Claims 15-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected groups, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/4/26.
Priority
Claims 1-14 do not have support in the parent application and thus have an effective date of the filing of this CIP: 1/19/23. Claim 1 contains a structure that is not in the parent application, and, claim 8 has elements such as a diamine or dihydrazide dispersed in the aqueous phase which are not supported by the parent application
The earliest publication of the parent application is WO 2022/035801 that is published 2/17/22 and all 4 inventors of that publication are inventors in this instant application. The ‘801 document thusly does not qualify as prior art
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/21/25 has been considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 8, and their dependents, are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1-14 recite the limitation "the bio-based monomer". There is insufficient antecedent basis for this limitation in the claim.
It seems claims 1 and 8 should be amended to be “a bio-based monomer” claims 2-7 and 9-14 would have proper basis.
Double Patenting
Double patenting was considered over US 12473389 however the hydrazide of claim 2 was not found to meet the dihydrazide of instant claim 8.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: If the above 112 rejection is corrected the claims would be free from art.
Close prior art to claim 1 includes:
US 2024/0026059 that exemplifies a resin in [0127] comprising vanillin methacrylate reacted with a diamine and acrylate to form a resin, however, suspension of this resin in an aqueous phase with a diamine or dihydrazide is not suggested or disclosed
US 20230365487 that discloses making vanillin methacrylate but its use in aqueous compositions comprising a diamine or dihydrazide is not suggested or disclosed
Stanzione (of record), Vanillin based resin for use in composite applications, Green Chem 2012, 14, 2346, that discloses a resin comprising methacrylated vanillin but the resin to form a hard transparent thermoset and its use in an aqueous dispersion with a diamine or dihydrazide is not suggested or disclosed
Zhang, A sustainable waterborne vanillin eugenol acrylate miniemulsion with suitable antibacterial properties as a substitute for the styrene acrylate emulsion, Green Chem, 2021, 23, 7576, which has an acrylate vanillin copolymer but does not disclose the use of a diamine or dihydrazide
Close prior art to claim 1 and also the closest prior art to claim 8 (which was previously set forth in the parent application) includes:
Hong US 2002/0009595. Therein Ex 4 is the closest in structure to claim 1 but does not meet the structure of claim 1. Further, as set forth in the parent, though a resin is disclosed that meets the resin of claim 8 its use as a paint composition is not suggested or disclosed
Conclusion
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/ALICIA BLAND/ Primary Examiner, Art Unit 1759
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