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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 23, 2026 has been entered.
Response to Amendment
Withdrawn Rejections
The 35 U.S.C. 112(b) rejection of claim 17 is withdrawn due to Applicant’s amendment filed on January 23, 2026.
The 35 U.S.C. 102(a/1) and 35 U.S.C. 103 rejections of claims 10-16, 18 over Staedtler in view of Willis as the primary combination of references, are withdrawn due to Applicant’s amendment filed on January 23, 2026.
New Objection
Claim Objection
Claim 18 is objected to because of the following informalities.
Line 4 should be rewritten as:
- - 0.10 – 4.0 wt.% | surfactant (T) - -.
Appropriate correction is required.
New Rejections
Claim Rejections - 35 USC § 103
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 10, 12-13, 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Staedtler (Clarivate Analytics English translation of DE-20200796-U1) in view of Willis (GB-2117753-A), as evidenced by Barbalace (Ethoxylated Nonylphenol, Chemical Database, Environmental Chemistry) and Millipore Sigma (4-Nonylphenyl-polyethylene glycol non-ionic 9016-45-9, Millipore Sigma, Merck KGaA).
Regarding claim 10, Staedtler teaches a modeling clay (10th last para of page 2) comprising: a binder (binding agent, 4th last para of page 2); a filler (2nd last para of page 2); and at least one surfactant (4th last para of page 2), wherein the binder is at least one of paraffin wax and microwax (microcrystalline wax, 9th last para of page 2). Staedtler teaches that a content of the at least one surfactant is small (4th last para of page 2) and that a total amount of additives is 0 to 5 wt% (other additives (ZS), Framework example 1, 3rd last para of page 3), but is silent regarding a numerical value of the small wt% of the at least one surfactant.
However, Staedtler teaches that smooth consistency is desired in the modeling clay (para 2 of page 5).
Willis teaches that in compositions that are used to make a modeling clay (abstract), comprising: a binder; a filler (lines 7-8 of page 1); and at least one surfactant (lines 52-44 of page 1), a content of the at least one surfactant is 1 wt.% (lines 38-39 of page 2) which is within the claimed range of 0.10 to 4.0 wt.%, or 0.15 to 3.0 wt.%, or 0.02 to 2.0 wt.%, for the purpose of providing the desired smoothness and consistency (emulsifying agent, lines 52-54 of page 1, emulsifier such as a surfactant, line 14 of page 1).
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have provided the at least one surfactant in the modeling clay of Staedtler, in a small content that is within a range of 0.10 to 4.0 wt.%, in order to obtain the desired smoothness and consistency, as taught by Willis.
In addition, Staedtler is silent regarding a type of the surfactant.
However, Staedtler teaches that smooth consistency is desired in the modeling clay (para 2 of page 5).
Willis teaches that in compositions that are used to make a modeling clay (abstract), comprising: a binder; a filler (lines 7-8 of page 1); and at least one surfactant (lines 52-44 of page 1), the at least one surfactant is commercially available as Lissapol NX (emulsifier, lines 25-30 of page 2, surfactant, lines 53-55 of page 1), used for the purpose of providing the desired smoothness and consistency (emulsifying agent, lines 52-54 of page 1, emulsifier such as a surfactant, line 14 of page 1).
Barbalace is evidence that Lissapol NX is ethoxylated nonylphenol (Lissapol NX, page 3 of ethoxylated nonylphenol section, nonyl phenol, ethoxylated, page 4, nonyl phenyl polyethylene glycol, page 4, chemical database), which is an amphiphilic molecule, as evidenced by Millipore Sigma.
Millipore Sigma shows in the structural formula below (photo, page 1) that ethoxylated nonylphenol (4-nonylphenyl-polyethylene glycol, page 1) is an amphiphilic molecule which has n hydrophilic region(s) (--[O-(CH2-CH2)]n-OH) and a hydrophobic region which consists of an alkyl group which comprises 9 carbon atoms (--C9H19) which is within the claimed range of between 8 and 34 carbon atoms.
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Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have provided an amphiphilic molecule which has a hydrophobic region and at least one hydrophilic region, where the hydrophobic region consists of an alkyl group which comprises a number of carbon atoms that is between 8 and 34 carbon atoms, as the at least one surfactant in the modeling clay of Staedtler, in order to obtain the desired smoothness and consistency, as taught by Willis, as evidenced by Barbalace and Millipore Sigma.
Regarding claims 12-13, Staedtler teaches that a content of the at least one surfactant is small (4th last para of page 2) and that a total amount of additives is 0 to 5 wt% (other additives (ZS), Framework example 1, 3rd last para of page 3), but is silent regarding a numerical value of the small wt% of the at least one surfactant.
However, Staedtler teaches that smooth consistency is desired in the modeling clay (para 2 of page 5).
Willis teaches that in compositions that are used to make a modeling clay (abstract), comprising: a binder; a filler (lines 7-8 of page 1); and at least one surfactant (lines 52-44 of page 1), a content of the at least one surfactant is 1 wt.% (lines 38-39 of page 2) which is within the claimed range of 0.15 to 3.0 wt.%, or 0.02 to 2.0 wt.%, for the purpose of providing the desired smoothness and consistency (emulsifying agent, lines 52-54 of page 1, emulsifier such as a surfactant, line 14 of page 1).
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have provided the at least one surfactant in the modeling clay of Staedtler, in a small content that is within a range of 0.15 to 3.0 wt.%, or 0.02 to 2.0 wt.%, in order to obtain the desired smoothness and consistency, as taught by Willis.
Regarding claim 16, Staedtler is silent regarding a type of the surfactant.
However, Staedtler teaches that smooth consistency is desired in the modeling clay (para 2 of page 5).
Willis teaches that the at least one surfactant is a non-ionic surfactant (lines 53-55 of page 2), commercially available as Lissapol NX (emulsifier, lines 25-30 of page 2, surfactant, lines 53-55 of page 1), used for the purpose of providing the desired smoothness and consistency (emulsifying agent, lines 52-54 of page 1, emulsifier such as a surfactant, line 14 of page 1).
Barbalace is evidence that Lissapol NX is ethoxylated nonylphenol (Lissapol NX, page 3 of ethoxylated nonylphenol section, nonyl phenol, ethoxylated, page 4, nonyl phenyl polyethylene glycol, page 4, chemical database), which is a non-ionic compound.
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have provided the at least one surfactant in the modeling clay of Staedtler, as a non-ionic surfactant, in order to obtain the desired smoothness and consistency, as taught by Willis.
Regarding claim 17, Willis, as evidenced by Barbalace and Millipore Sigma, teaches that the hydrophilic regions of the non-ionic surfactant which is ethoxylated nonylphenol, contain alcohols which originate from ethylene glycol, as shown below.
Barbalace teaches that ethoxylated nonylphenol is also known as nonyl phenyl polyethylene glycol (Lissapol NX, page 3 of ethoxylated nonylphenol section, nonyl phenol, ethoxylated, page 4, nonyl phenyl polyethylene glycol, page 4, chemical database)
Millipore Sigma that ethoxylated nonylphenol is also known as 4-nonylphenyl-polyethylene glycol (4-nonylphenyl-polyethylene glycol, page 1) has the structural formula shown below (photo, page 1) where the alcohol (--[O-(CH2-CH2)]n-OH) originates from ethylene glycol HO--(CH2-CH2)]-OH.
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Regarding claim 18, Staedtler teaches that the modeling clay comprises binder (BM) in a content of 45 wt% which is within the claimed range of 10-60 wt%, and filler (FS) in a content of 60 wt% (40 FSL + 20 FS2, 3rd last para of page 3) which is within the claimed range of 30-90 wt.%. Staedtler teaches that a content of the at least one surfactant is small (4th last para of page 2) and that a total amount of additives is 0 to 5 wt% (other additives (ZS), Framework example 1, 3rd last para of page 3), but is silent regarding a numerical value of the small wt% of the at least one surfactant.
However, Staedtler teaches that smooth consistency is desired in the modeling clay (para 2 of page 5).
Willis teaches that in compositions that are used to make a modeling clay (abstract), comprising: a binder; a filler (lines 7-8 of page 1); and at least one surfactant (lines 52-44 of page 1), a content of the at least one surfactant is 1 wt.% (lines 38-39 of page 2) which is within the claimed range of 0.10 to 4.0 wt.%, for the purpose of providing the desired smoothness and consistency (emulsifying agent, lines 52-54 of page 1, emulsifier such as a surfactant, line 14 of page 1).
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have provided the at least one surfactant in the modeling clay of Staedtler, in a small content that is within a range of 0.10 to 4.0 wt.%, in order to obtain the desired smoothness and consistency, as taught by Willis.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Staedtler in view of Willis, as evidenced by Barbalace and Millipore Sigma, as applied to claims 10, 12-13, 16-18, and further in view of Scheuffgen (US 4,777,038).
Staedtler, as modified by Willis, as evidenced by Barbalace and Millipore Sigma, teaches the modeling clay comprising the binder, the filler, and the at least one surfactant, where the at least one surfactant is ethoxylated nonylphenol, which is an amphiphilic molecule which has at least one hydrophilic region (--[O-(CH2-CH2)]n-OH) and a hydrophobic region which consists of an alkyl group which comprises 9 carbon atoms (--C9H19) as shown below.
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Staedtler, as modified by Willis, as evidenced by Barbalace and Millipore Sigma, is silent regarding a longer alkyl group which comprises between 14 and 18 carbon atoms instead of 9 carbon atoms.
However, an ethoxylated alkylphenol which has a longer alkyl group that comprises between 14 and 18 carbon atoms, aside from being an obvious homolog, increases the hydrophobicity of the hydrophobic region, to fine-tune the HLB value, for the purpose of providing the desired smoothness and consistency, as evidenced by Scheuffgen.
Scheuffgen teaches that an ethoxylated alkylphenol which has a longer alkyl group of 16 carbon atoms is an obvious homolog of the ethoxylated alkylphenol having a shorter alkyl group which comprises 9 carbon atoms (C8-16 alkyl, col 2, lines 40-45), where increasing the number of carbon atoms to 16, is within the claimed range of between 14 and 18 carbon atoms, increases the hydrophobicity of the hydrophobic region (lipophilic, col 2, line 48) to fine-tune the HLB value (12-16, col 2, lines 60-64) for the purpose of providing the desired smoothness and consistency (dispersion stability, col 3, lines 37-38).
Therefore, in the absence of a clear showing to the contrary, it would have been obvious to one of ordinary skill in the art at the time, to have increased the number of carbon atoms of the alkyl group forming the hydrophobic region of the ethoxylated alkylphenol which is the amphiphilic molecule, of the at least one surfactant of the modeling clay of Staedtler, as modified by Willis, as evidenced by Barbalace and Millipore Sigma, from 9 carbon atoms to one that is within a range of between 14 to 18 carbon atoms, to raise the hydrophobicity of the hydrophobic region, and fine-tune the HLB value, in order to obtain the desired smoothness and consistency, as taught by Scheuffgen.
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
Applicant argues that the Willis reference discloses water-containing construction/insulating materials that cure over time because they contain a cementitious binder, whereas the present invention has at least one of micro wax, paraffin wax and paraffin oil as binders, and thus is a permanently plastic modeling material that does not contain water, where the material can change its aggregate state with the addition of heat due to the binder waxes [and hence are non-analogous art that are not combinable].
Applicant is respectfully apprised that Staedtler is the primary reference which teaches the modeling clay comprising the binder comprising the at least one of micro wax and paraffin wax, and the surfactant, where a content of the surfactant is small (page 2) and totals up to 5 wt% with the other additives (3rd last para of page 3).
Willis is the secondary reference which teaches that in a modeling clay (abstract), a surfactant (emulsifier such as a surfactant, line 14 of page 1) is comprised in an amount of 1 wt% (lines 38-39 of page 2), for the purpose of providing the desired smoothness and consistency (emulsifying agent, lines 52-55 of page 1). Staedtler teaches that smooth consistency is desired in the modeling clay (para 2 of page 5).
Accordingly, both Willis and Staedtler are directed to the common problem of providing a modeling clay with the desired smoothness and consistency.
Therefore, it would indeed have been obvious to one of ordinary skill to have comprised the surfactant in the modeling clay of Staedtler, in an amount of 1 wt% that is within the claimed range of 0.10 to 4.0 wt%, in order to obtain the desired smoothness and consistency, as taught by Willis.
Applicant argues that the modeling clay of Staedtler is intended to not dissolve in water and is able to float, such that it would not be obvious to use hydrophilic surfactants in the clay since such surfactants would be detrimental to the intended properties of the Staedtler clay.
Applicant is respectfully apprised that the secondary reference Willis teaches that the at least one surfactant is commercially available as Lissapol NX which is an ethoxylated nonylphenol that is an amphiphilic molecule which has a hydrophilic region and a hydrophobic region, as evidenced by Barbalace and Millipore Sigma. Accordingly, Willis teaches an amphiphilic surfactant, not a hydrophilic surfactant.
Furthermore, Willis teaches that the modeling clay can be made to be able to float, and not to dissolve in water
(floats without being water-logged, lines 35-41 of page 3).
Applicant argues that the Barbalace/Environmental Chemistry and Millipore references do not provide any teachings concerning a modeling clay composition having binders as recited in the amended claims.
Applicant is respectfully apprised that Staedtler is the primary reference which teaches the modeling clay comprising the binder comprising the at least one of micro wax and paraffin wax, and the surfactant, where a content of the surfactant is small (page 2) and totals up to 5 wt% with the other additives (3rd last para of page 3).
Willis is the secondary reference which teaches that in a modeling clay (abstract), a surfactant (emulsifier such as a surfactant, line 14 of page 1) is comprised in an amount of 1 wt% (lines 38-39 of page 2), for the purpose of providing the desired smoothness and consistency (emulsifying agent, lines 52-55 of page 1)
Staedtler also teaches that smooth consistency is desired in the modeling clay (para 2 of page 5).
Accordingly, both Willis and Staedtler are directed to the common problem of providing a modeling clay with the desired smoothness and consistency.
Therefore, it would indeed have been obvious to one of ordinary skill to have comprised the surfactant in the modeling clay of Staedtler, in an amount of 1 wt% that is within the claimed range of 0.10 to 4.0 wt%, in order to obtain the desired smoothness and consistency, as taught by Willis.
Barbalace is evidence that the surfactant which is taught by Willis to be commercially available as Lissapol NX is ethoxylated nonylphenol, and
Millipore Sigma is evidence that ethoxylated nonylphenol is an amphiphilic molecule.
Applicant argues that since the clay of Staedtler is intended to not dissolve in water and is able to float, it would not be obvious to use hydrophilic surfactants in the . clay since such surfactants would be detrimental to the intended properties of the Staedtler clay since such surfactants would be detrimental to the intended properties of the Staedtler clay.
Applicant is respectfully apprised that Willis teaches that the modeling clay can be made to be able to float, and not to dissolve in water (floats without being water-logged, lines 35-41 of page 3). Furthermore, Willis teaches an amphiphilic surfactant, not a hydrophilic surfactant. Willis, as evidenced by Barbalace and Millipore Sigma, teaches that the at least one surfactant is commercially available as Lissapol NX which is an ethoxylated nonylphenol that is an amphiphilic molecule which has a hydrophilic region and a hydrophobic region, as described above.
Applicant argues that Scheuffgen discloses a free-flowing aqueous concentrate for cosmetics, and provides no teaching or disclosure regarding the use of micro wax, paraffin wax or paraffin oil as binders in modeling clay.
Applicant is respectfully apprised that Staedtler is the primary reference which teaches the modeling clay comprising the binder comprising the at least one of micro wax and paraffin wax, and a surfactant, for the purpose of providing the desired smooth consistency, as described above.
Willis is the secondary reference, as evidenced by Barbalace and Millipore Sigma, which teaches that the at least one surfactant is ethoxylated nonylphenol, which is an amphiphilic molecule which has at least one hydrophilic region (--[O-(CH2-CH2)]n-OH) and a hydrophobic region which consists of an alkyl group which comprises 9 carbon atoms (--C9H19) as shown below.
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Staedtler, as modified by Willis, as evidenced by Barbalace and Millipore Sigma, is silent regarding a longer alkyl group which comprises between 14 and 18 carbon atoms instead of 9 carbon atoms.
However, both Willis and Staedtler are directed to the common problem of providing a modeling clay with the desired smoothness and consistency. An ethoxylated alkylphenol which has a longer alkyl group that comprises between 14 and 18 carbon atoms, aside from being an obvious homolog, increases the hydrophobicity of the hydrophobic region, and fine-tunes the HLB value, for the purpose of providing the desired smoothness and consistency, as evidenced by Scheuffgen.
Scheuffgen is the secondary reference which teaches that an ethoxylated alkylphenol which has a longer alkyl group of 16 carbon atoms is an obvious homolog of the ethoxylated alkylphenol having a shorter alkyl group which comprises 9 carbon atoms (C8-16 alkyl, col 2, lines 40-45), where increasing the number of carbon atoms to 16, which is within the claimed range of between 14 and 18 carbon atoms, increases the hydrophobicity of the hydrophobic region (lipophilic, col 2, line 48) and fine-tunes the HLB value (12-16, col 2, lines 60-64) for the purpose of providing the desired smoothness and consistency (dispersion stability, col 3, lines 37-38).
Accordingly, in the absence of a clear showing to the contrary, it would indeed have been obvious to one of ordinary skill in the art at the time, to have increased the number of carbon atoms of the alkyl group forming the hydrophobic region of the ethoxylated alkylphenol which is the amphiphilic molecule, of the at least one surfactant of the modeling clay of Staedtler, as modified by Willis, as evidenced by Barbalace and Millipore Sigma, from 9 carbon atoms to one that is within a range of between 14 to 18 carbon atoms, to raise the hydrophobicity of the hydrophobic region, and fine-tune the HLB value, in order to obtain the desired smoothness and consistency, as taught by Scheuffgen.
Any inquiry concerning this communication should be directed to Sow-Fun Hon whose telephone number is (571)272-1492. The examiner is on a flexible schedule but can usually be reached during a regular workweek between the hours of 10:00 AM and 6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Aaron Austin, can be reached at (571)272-8935. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/Sophie Hon/
Sow-Fun Hon
Primary Examiner, Art Unit 1782
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