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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN-
111378270 to Kaoru et al. (Cited on IDS).
As to claims 1-17, Kaoru discloses an self-emulsifying (preparation examples 2-8) aqueous polyurethane resin for imitation leather (surface treatment), synthetic leather, and artificial leather (0004-0006, 0280) comprising a chain extended NCO-terminated prepolymer comprising the reaction product of 152.6 parts of polycarbonate diol (Kuraray polyol C-3090, Duranol T5652, Eternacol UH-100), 1.8 parts of trimethylolpropane, 1.8 parts of 1,4- butanediol, and anionic hydrophilic polyols such as dimethylolpropionic acid (preparation 3, 0233) and sulfonate containing diols (0044-0045) and other polyols, 34.6 parts of dicyclohexylmethane diisocyanate to obtain the NCO-terminated prepolymer having an NCO content of 1.34%, 2.7%, or 1.10%. Karou discloses neutralizing the prepolymer in water and chain extending the prepolymer with piperazine and diethylenetriamine (0257).
Response to Arguments
Applicant's arguments filed 02/26/2026 have been fully considered but they are not persuasive.
The applicant argued that Karou fails to disclose a self-emulsifying aqueous polyurethane comprising anionic hydrophilic components and specifically points to preparation 9. However, preparation examples 2-8 teach self-emulsifying polyurethanes prepared from prepolymers derived from polycarbonate polyols and anionic hydrophilic components and chain extenders.
Response to Amendment
The affidavit under 37 CFR 1.132 filed 02/26/2026 is insufficient to overcome the rejection of claims 1-16 based upon CN-111378270 to Kaoru et al. (Cited on IDS) as set forth in the current Office action because: a showing of unexpected results cannot be used against an anticipation rejection. All claimed components are present within the Karou reference including the use of anionic hydrophilic components when preparing prepolymers used in self-emulsifying polyurethanes.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL L LEONARD whose telephone number is (571)270-7450. The examiner can normally be reached M - F 7:00-4:00.
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, Joseph Del Sole can be reached at 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL L LEONARD/Primary Examiner, Art Unit 1763