DETAILED ACTION
Specification
The Substitute Specification filed 8/30/23 has been entered.
Claim Objections
Claims 1-15 are objected to because of the following informalities:
Claim 1, line 6, the term “the melted” should be changed to - -a melted- -in order to properly set forth the state.
Claim 1, line 9, the term “20oC rather than 25oC” is improper terminology. It is unclear whether the limitations are alternates, or if both are part of the claimed invention.
Claim 7, line 4, the term “20oC rather than 25oC” is improper terminology. It is unclear whether the limitations are alternates, or if both are part of the claimed invention.
Claim 8, line 3, the term “the melted” should be changed to - -a melted- -in order to properly set forth the state.
Claim 12, line 2, the term “especially a metallic substrate” is improper terminology. The term “especially” is considered likened to for example in this instance, and therefore it is unclear whether the limitation(s) following the phrase are part of the claimed invention.
Claim 15, lines 3-4, the term “especially of truck damper or automobile seat type, or else a dishwasher basket or springs” is improper terminology. The term “especially” is considered likened to for example in this instance, and therefore it is unclear whether the limitation(s) following the phrase are part of the claimed invention.
Appropriate correction is required.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-2, 4-7, and 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO’252 (WO 2020/084252 cited by applicant).
With respect to claim 1, WO’252 discloses a pigmented pulverulent composition based on polyamide for coating substrates, comprising:(a) 40% to 99% by weight of at least one polyamide, (b) 1% to 30% by weight of at least one pigment, and (c) 0% to 30% by weight of at least one additive, wherein the pigment and the optional additive are added to the polyamide in the melted state. Particularly, WO’252 teaches a copolyamide-based powder intended to form a coating on a surface, having an inherent
viscosity of greater than or equal to 0.8(g/100g)-1, wherein the copolyamide has a melting point of less than or equal to 160°C. The invention also relates to the use of such a powder for coating a surface, wherein the coating has an inherent viscosity of greater than or equal to 0.8(g/100 g)-1, as well as to a method for coating a surface with such a powder. See the entire document, especially claims 1-21, Examples, Compositions 1-10, p. 5, lines 5-21, p. 8, line 8 – p. 9, line 3, p. 10, line 19 – p. 11, line 28, p. 12, lines 1-24, and p. 16, lines 28-37.
However, WO’252 may not be explicit as to whether: (A) the inherent viscosity is measured using an Ubbelohde tube at 20*C on a 0.5% by weight solution in m-cresol according to standard ISO 307 but with a measuring temperature of 20*C rather than 25*C; or (B) wherein the composition has a volume-median diameter Dv50, as measured according to standard ISO 9276 - parts 1 to 6, of 30 to 200 mm as claimed.
With respect to feature A, it would be considered an obvious expedient to one of ordinary skill in the art to provide for inherent viscosity measurements by known measurement equipment. Therefore, it would be considered obvious to have used an Ubbelohde tube in the manner as claimed in order to take viscosity measurements. With respect to feature B, WO’252 teaches a powder composition for the purpose of coating the substrate. Therefore, it would be considered an obvious expedient to a volume median diameter in the size range as claimed insofar as because it has been held "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F. 2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
With respect to depending claims 2, 4-7, 12-15, WO’252 teaches the limitations or makes obvious the limitations as claimed. See the entire document, especially claims 1-21, Examples, Compositions 1-10, p. 5, lines 5-21, p. 8, line 8 – p. 9, line 3, p. 10, line 19 – p. 11, line 28, p. 12, lines 1-24, and p. 16, lines 28-37.
Claim(s) 1-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO’796 (WO 95/33796 cited by applicant) alone, or in the alternative in view of FR’283 (FR 2327283 cited by applicant) .
With respect to claim 1, WO’796 discloses a pigmented pulverulent composition based on polyamide for coating substrates, comprising:(a) 40% to 99% by weight of at least one polyamide, (b) 1% to 30% by weight of at least one pigment, and (c) 0% to 30% by weight of at least one additive, wherein the pigment and the optional additive are added to the polyamide in the melted state. Particularly, WO’796 teaches compositions for coating substrates, comprising thermoplastic or thermosetting resins such as polyamide, polypropylene, polyesters, epoxy resins and containing one or more matting agents mainly in the form of needles or pellets having an average length of 1-200 mm and an aspect ratio of 10-40. Said compositions, which are generally in the form of powders, are suitable for coating various substrates. The coatings are deposited, in particular, by fluid bed dipping and by electrostatic projection. The coated pieces can be furnishing, decorative or construction elements. See the entire document, especially claims 1-10, p. 2, line 18 – p. 3, line 12, p. 4, lines 25-38, p. 5, lines 15-17, p. 6, line 1 – p. 7, line 37, p. 8, lines 1-6, and Examples 9 and 14.
However, WO’796 may not be explicit as to whether: (A) the inherent viscosity is measured using an Ubbelohde tube at 20*C on a 0.5% by weight solution in m-cresol according to standard ISO 307 but with a measuring temperature of 20*C rather than 25*C; or (B) wherein the composition has a volume-median diameter Dv50, as measured according to standard ISO 9276 - parts 1 to 6 as claimed.
With respect to feature A, it would be considered an obvious expedient to one of ordinary skill in the art to provide for inherent viscosity measurements by known measurement equipment. Therefore, it would be considered obvious to have used an Ubbelohde tube in the manner as claimed in order to take viscosity measurements. With respect to feature B, WO’252 teaches a powder composition for the purpose of coating the substrate. Therefore, it would be considered an obvious expedient to a volume median diameter in the size range as claimed insofar as because it has been held "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F. 2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
With respect to depending claims 2-7 and 12-14, WO’796 teaches the limitations or makes obvious the limitations as claimed. See the entire document, especially claims 1-10, p. 2, line 18 – p. 3, line 12, p. 4, lines 25-38, p. 5, lines 15-17, p. 6, line 1 – p. 7, line 37, p. 8, lines 1-6, and Examples 9 and 14.
With respect to depending claims 8-11, WO’796 fails to teach a process for manufacturing a pigmented pulverulent composition as claimed. FR’283 teaches a method of manufacturing such a composition utilizing the steps as claimed. See the entire document, especially Example 4, p. 1, line 31 – p. 2, line 8, and p. 2, lines 26-33.
Therefore, it would be considered obvious to one of ordinary skill in the art to provide for a process for manufacturing a pigmented pulverulent composition as claimed in order to make the composition of claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. FR 2699815 teaches a solid or pasty make-up composition containing a fatty phase and a pulverulent phase, the pulverulent phase consisting, at least partially, of a light powder having a density at most equal to 0.07, characterized in that the light powder represents by weight 5 to 30% by weight relative to the total weight of the composition. The invention also relates to a process for obtaining such a composition by passing into an extruding mixer.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZAKIYA W BATES whose telephone number is (571)272-7039. The examiner can normally be reached M-F 8:30am - 5pm.
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/ZAKIYA W BATES/Primary Examiner, Art Unit 3674 6/6/2025
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