DETAILED ACTION
This office action is in regards to a 371 application filed June 28, 2023 claiming priority to PCT/CN2021/141886 filed December 28, 2021 and a continuing application and a foreign application of PCT/CN2020/141214 both filed December 30, 2020. Claims 1-10 and 14-15 have been elected with traverse. Claims 11-13 are withdrawn as non-elected. Claims 1-10 and 14-15 are pending and currently being examined.
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, claims 1-10 and 14-15 in the reply filed on June 2, 2025 is acknowledged. The traversal is on the ground(s) that Nozoe et al. (US 2010/0190396 A1) is directed to airbag coatings and no focus on maintaining surface gloss for artificial leather as well as the reliance of Pd(PPh3)4 for establishing claimed component (v) which is a catalyst and more akin to component (iv) and only present in the amount of 1 to 50 ppm as opposed to the required 5 to 35 wt.%. This is found persuasive but new prior art of Chen et al. (WO 2020/233268 A1) in view of Chiou et al. (CN 101037558 A) is used for a 103 rejection.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claim 2 is objected to because of the following informalities: In line 8, the phrase “… SiO4/2 groups,” may be suggested to read “… SiO4/2 groups, or “. Appropriate correction is required.
Claim 3 is objected to because of the following informalities: In line 5, the phrase “and or” may be suggested to read “and/or”. Appropriate correction is required.
Claim 4 is objected to because of the following informalities: In line 6, the phrase “… and polyethylene terephthalate, …” may be suggested to read “… or polyethylene terephthalate, …”. 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.
Claims 1-10 and 14-15 are rejected under 35 U.S.C. 103 as being obvious over Chen et al. (WO 2020/233268 A1) in view of Chiou et al. (CN 101037558 A).
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
Chen et al. disclose a leather coating composition comprising a hydrosilylation curable silicone elastomer composition comprising:
component (i), one or more polydiorganosiloxane polymers having a viscosity of from 1000 to 500,000 mPa.s at 25°C and an alkenyl group and/or alkynyl group content of at least 5% by weight of the polymers per molecule;
component (ii), a reinforcing filler such as finely divided silica optionally treated with one or more known filler treating agents;
component (iii), a silicone resin cross-linker having terminal (M) groups comprising silicone bonded hydrogen, wherein the molar ratio of silicon-bonded hydrogen atoms to the total number of all unsaturated groups is from 0.5:1 to 20:1, preferably with Si-H being in excess;
component (iv), a hydrosilylation catalyst;
component (v), a cured silicone powder; and
component (vi), an eco-diluent.
Chen et al. do not disclose silicon-free organic microparticles having a number average particle size of 0.5 to 500 µm in the amount of from 5 to 35 wt.% in the leather coating composition. The technical problem to be solved by the instant claim is to reduce the variation in gloss due to wear of the leather coating.
Chiou et al. disclose an aqueous matte coating composition [Abstract; Technical Field; Disclosure-p.1; Claims 1, 2, 10] comprising polymerized matting agent particles (A) and a binder component (B), wherein the polymeric matting agent (A) comprises particles of one or more polymers with an average diameter of 1 to 20 µm selected from multi-stage copolymers, single stage crosslinked (co)polymers having a Tg of -60°C to 75°C, and mixtures thereof and component (B) comprises one or more film-forming organic binders compatible with the matting agent component (A). Chiou et al. disclose the matting agent component (A) is preferably an acrylic polymer [Abstract] and as solids comprise from 2 to 45 wt.% based on the total weight of the aqueous composition in leather and paper applications [claim 10; Disclosure-p.9]. Chiou et al. disclose the leather had less gloss change before and after abrasion and better gloss consistency for the abrasion resistant film coating [Examples]. Chiou et al. demonstrate the addition of polymeric microparticles in the aqueous composition can obtain a coating with reduced gloss variation of the coating due to wear, therefore one of ordinary skill in the art would be motivated to combine the leather coating composition comprising a hydrosilylation curable silicone elastomer composition of Chen et al. with the aqueous matte coating composition of Chiou et al. to reduce the variation in gloss due to wear of the leather coating.
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
In regards to claim 2, Chen et al. disclose the leather coating composition, wherein component (iii) of the hydrosilylation curable silicone elastomer composition comprises one or more of the following:
silicone resins comprising or consisting of Si-H containing M groups, (CH3)3SiO1/2 groups and SiO4p groups,
silicone resins comprising or consisting of Si-H containing M groups and SiO4/2 groups,
silicone resins comprising or consisting of Si-H containing M groups, (CH3)2SiO2/2 groups and SiO4/2 groups, or
silicone resins comprising or consisting of Si-H containing M groups, SiO4 groups and (C6H5)3SiO1/2 groups, and alternatives in which methyl is replaced by phenyl groups or other alkyl groups or mixtures thereof and wherein each of the above may include one or more T groups [0030].
In regards to claims 3-4, Chiou et al. disclose acrylic microparticles [Abstract], therefore reading acrylic microparticles, methacrylic microparticles, polyacrylonitrile, and polymethyl methacrylate of the instant claims.
In regards to claims 5-6, Chen et al. disclose the additives of one or more of the following additives: cure inhibitors, cured silicone elastomer powder, pot life extenders, lubricants, diluents, flame retardants, pigments, coloring agents, heat stabilizers, compression set improvement additives, anti- squeak agents and mixtures thereof [0042—0046, 0049, 0057-0060].
In regards to claim 7, Chiou et al. disclose the particle size of the microparticles comprise an average diameter of 1 to 20 µm [Abstract; Technical Field; Disclosure-p.1; Claim 1].
In regards to claims 8-9, Chen et al. disclose that the leather coating composition is used as a protective top coat [0083; Figure 4, layer 5].
In regards to claim 10, Chen et al. disclose the textile support layer (2) is made from polyester fiber, a viscose rayon fiber, a polyamide fiber, nylon, an acrylic fiber, a polyolefin fiber, cellulose fibers, and elastic textile materials [0076; Claim 9].
In regards to claim 14, Chen et al. disclose the leather coating composition is used in furniture, decoration, handbags, luggage, garments, footwear, car interiors, and medical beds/seats [0091].
In regards to claim 15, Chen et al. in view of Chiou et al. disclose a coating with reduced gloss variation of the leather coating due to wear.
Conclusion
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/RONALD GRINSTED/Examiner, Art Unit 1763
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