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 with traverse of Group I in the reply filed on 01/23/26 is acknowledged. The traversal is on the ground(s) that the arts on records fail to disclose the newly introduced limitation to the common technical feature. This is not found persuasive because a posteriori lack of unity is remains present and new art is necessitated by the amendment. Groups I-III lack unity of invention because even though the inventions of these groups require the technical feature of composition of claim 1, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Klofta (US 20160038628 A1). Klofta discloses a hot melt adhesive composition (binding matrix, para. [0028]) for detecting analytes in urine (para. [0028]) comprising a polymeric component (The binding matrix consists of ingredients like hot melt adhesive components…para.[0028]), wherein the polymeric component is selected from PVP/VA (Examples of base polymers used in hot melt adhesives may include…polyvinylpyrrolidone/vinyl acetate copolymers like Ashland's S-630 polyvinylpyrollidone/vinyl acetate copolymers… para.[0047]) and EAA (…ethylene/acrylic acid copolymers like the AC brand marketed by Honeywell Incorporated which includes their AC-5120 ethylene/acrylic acid… para.[0047]), a plasticiser component (The binding matrix consists of ingredients…plasticizers… para.[0028]; Additional additives for adhesives and hot melt adhesives may include plasticizers; para. [0050]), a resin component (Tackifiers suitable for hot melt adhesives include, without being limited to, natural resins…para.[0048]), a surfactant (Additional ingredients may include, for example, a stabilizer, a surfactant, para. [0050]), an antioxidant component (Additional additives for adhesives and hot melt adhesives may include…antioxidants…para. [0050]), and an analyte-detecting reagent component (colorants; para. [0016]-[0028]), wherein the hot melt adhesive is partially soluble in water (the colorant is water-soluble; claim 7; the claim limitation is interpreted as at least part of the components of the adhesive needs to be soluble). The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claim 2 is objected to because of the following informalities:
“analyte are a nitrite ions” should be “analytes are [[a]] nitrite ions”
Appropriate correction is required.
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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-9 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Klofta.
Regarding claim 1, Klofta discloses a hot melt adhesive composition (binding matrix, para. [0028]) for detecting analytes in urine (para. [0028]) comprising a polymeric component (The binding matrix consists of ingredients like hot melt adhesive components…para.[0028]), wherein the polymeric component is selected from PVP/VA (Examples of base polymers used in hot melt adhesives may include…polyvinylpyrrolidone/vinyl acetate copolymers like Ashland's S-630 polyvinylpyrollidone/vinyl acetate copolymers… para.[0047]) and EAA (…ethylene/acrylic acid copolymers like the AC brand marketed by Honeywell Incorporated which includes their AC-5120 ethylene/acrylic acid… para.[0047]), a plasticiser component (The binding matrix consists of ingredients…plasticizers… para.[0028]; Additional additives for adhesives and hot melt adhesives may include plasticizers; para. [0050]), a resin component (Tackifiers suitable for hot melt adhesives include, without being limited to, natural resins…para.[0048]), a surfactant (Additional ingredients may include, for example, a stabilizer, a surfactant, para. [0050]), an antioxidant component (Additional additives for adhesives and hot melt adhesives may include…antioxidants…para. [0050]), and an analyte-detecting reagent component (colorants; para. [0016]-[0028]), wherein the hot melt adhesive is partially soluble in water (the colorant is water-soluble; claim 7; the claim limitation is interpreted as at least part of the components of the adhesive needs to be soluble).
Regarding claim 2, Klofta discloses the claimed invention as discussed above in claim 1. Klofta discloses the analytes are nitrite ions (para. [0037]).
Regarding claim 3, Klofta discloses the claimed invention as discussed above in claim 1. Klofta discloses the hot melt adhesive composition comprises:
up to 20% by weight of the analyte-detecting reagent component (The permanent colorant may be included in the wetness indicating composition at a level from about 0.01 wt % to about 20 wt %, or any integer range between. Para. [0027]),
up to 80% by weight of the polymeric component (EAA, 44.0%, Example 2, para. [0075]),
up to 20% by weight of the antioxidant component (Irganox 1010, 1.0%, Example 2, para. [0075]),
up to 50% by weight for resin and plasticiser (Klofta grouped them as “additional additive”; Additional ingredients may include, for example, a stabilizer, a surfactant, a plasticizer(s)… such as, for example, from about 0.001% to about 50%, from about 0.1% to about 40%, or from about 1% to about 35%, by weight of the composition. Para. [0051])
Regarding claim 5, Klofta discloses the claimed invention as discussed above in claim 1. Klofta discloses the polymeric component is at least one water sensitive thermoplastic polymer, which is a inherent property of PVP/VA and EAA.
Regarding claim 6, Klofta discloses the claimed invention as discussed above in claim 1. Klofta discloses the resin component comprises at least one hydrocarbon resin (hydrogenated hydrocarbon resins, para. [0049]).
Regarding claim 7, Klofta discloses the claimed invention as discussed above in claim 1. Klofta discloses the plasticiser component comprises at least one liquid plasticiser at room temperature (…alkyl citrates, phthalates, phthalate esters…para. [0050]).
Regarding claim 8, Klofta discloses the claimed invention as discussed above in claim 1. Klofta discloses the plasticiser component comprises at least one surfactant selected from non-ionic, cationic, anionic, or amphiphilic surfactant (Surfactants that are suitable for the present invention may include, for example, tergitol… and polyoxyethylene fatty acid esters. Para. [0052])
Regarding claim 9, Klofta discloses the claimed invention as discussed above in claim 1. Klofta discloses the antioxidant component is primary antioxidants (Irganox 1010, Example 2, para. [0075]).
Regarding claim 11, Klofta discloses the claimed invention as discussed above in claim 1. Klofta discloses the softening point of the hot melt adhesive is 80 and 120 ° C (Example 1, [0072]-[0073]; Example 2, [0074]-[0075]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klofta in view of Bird (WO 2018058077 A1).
Regarding claim 4, Klofta discloses the claimed invention as discussed above in claim 1. Klofta does not explicitly disclose using a Griess-LLosvay reagent for the analyte-detecting reagent. At best, Klofta discloses the composition is configured to detect nitrite ion (para. [0037] and uses an azo dye (para. [0026]).
Analogous art, Bird discloses a pH sensor comprises a composition comprising an indicator dye embedded din a hydrogel in article such as a diaper or an absorbent pad (para. [0024]). In a specific embodiment, the sensor is configured to detect nitrite using azo dye (Para. [0044]). Bird additionally discloses a Griess-Llosvay reagent can be use in the nitrite sensor to facilitate the detection (Typically, this would involve a first pH sensor that include a first dye embedded in a gel matrix and a second pH sensor that includes a second dye embedded in a gel matrix... As described below, alterations in the synthesis protocol of the nitrite sensor can affect the color or other properties of the sensor. Therefore, there can be nitrite sensors that utilize nanoparticles and nitrite sensors that utilize a Griess reagent. Para. [0045]).
As such, in order to facilitate the detection of nitrite ions as disclosed by Klofta, it would have been obvious to one of ordinary skill in the art before the effective filing date to have incorporated Griess Reagent as suggested by Bird to the composition of Klofta to derive the claimed invention. Doing so provides a colorimetric detection of nitrite using azo dye as suggested by Klofta and Bird.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klofta.
Regarding claim 10, Klofta discloses the claimed invention as discussed above in claim 1. Klofta discloses the hot melt adhesive composition being heated at 120 DEG C (Example 2, para. [0075]) but does not specifically disclose the claimed viscosity range between 500 and 15000 mPa-s.
Klofta discloses viscosity modifiers can be added to the composition (para. [0050]). Specifically certain solvent can be added to reduce the viscosity of the composition or to increase the solubility of other ingredients or change other strategic properties of the composition (Optionally, solvents like mineral oil, isoparaffins, alkanes like hexane, silicone fluids, esters, alcohols, polyethylene glycols, glycerin, glycols, and water can be added to reduce the viscosity of the composition or to increase the solubility of other ingredients or change other strategic properties of the wetness indicator composition. Para. [0050]).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date to have adjust the viscosity of the composition of Klofta with viscosity modifier to derive the claimed lower limit of 500 mPa-s. Doing so may reduce the viscosity but also increase the solubility of other ingredients in the mixture (para. [0050]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICKEY HUANG whose telephone number is (571)272-7690. The examiner can normally be reached M-F 9:30-5:30 PM ET.
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/M.H./Examiner, Art Unit 1758
/MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758