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 § 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.
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.
Claim(s) 1-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over USP5209931 see claim 24, col. 2 lines 13-45, col. 4 lines 13-49. in view of USPub 20110015350 see paragraphs [0001]-[0010], [0037]-[0044] and claims 1,11 and 17.
Claim 1 is directed to an article comprising a cross-linked water-soluble polymer, an outer surface, and an interior, wherein the article comprises a cross-link density gradient along a vector from the outer surface to the interior of the article.
USP5209931 discloses preparing a polymer article having a crosslinked outer surface by contacting the polymer with a crosslinking material under conditions that produce a “crosslink density gradient from the surface toward the interior”. See claim 24, col. 2 lines 13-45, col. 4 lines 13-49.
However USP5209931 does not teach that the polymer is water-soluble or that crosslinks are reversible.
USPub 20110015350 discloses forming reversible crosslinked polymers and then decrosslinking the polymers to allow for recycling. See paragraphs [0001]-[0010], [0037]-[0044] and claims 1,11 and 17.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the process of USP5209931 by using the reversible crosslinking structure of USPub 20110015350 since both references are directed to producing crosslinked polymer articles while controlling subsequent material properties and the modification would have allow for recycling without changing the basic crosslinking process.
Claim 2 is directed to the article of claim 1, comprising a decreasing cross-link density along the vector. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since USP5209931 discloses that the crosslink density decreases from the outer surface toward the interior of the article. See col. 2 lines 23-35 and claims 3 and 24.
Claim 3 is directed to the article of claim 1, wherein cross-links of the water-soluble polymer comprise ionic cross-links. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since USP5209931 discloses crosslinking using ionic components including cations and anions. See col. 3 line 17 to col. 4 line 12 and 37-54 and claims 4-13 and 22-24.
Claim 4 is directed to the article of claim 1, wherein the cross-links comprise an organic compound, an inorganic compound, or a combination thereof. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since USP5209931 discloses crosslinking materials comprising organic compounds and further treatment with organic or inorganic salts. See col. 3 lines 3-32 and 39-49 and claims 4-13 and 22-24.
Claim 5 is directed to the article of claim 1, wherein the cross-links comprise ionic cross-links formed by an organic compound comprising two or more amine groups. See USP5209931 col. 3 lines 57-58.
Claim 6 is directed to the article of claim 1, wherein the cross-links comprise a multi-functional amine, wherein a multifunctional amine is defined as a cross-linker having a number of amine groups per molecule which is greater than or equal to two, and wherein the amine is defined as NRiR2R3, wherein each R can be H or another organic functional group. See USP5209931 col. 3 lines 57-58.
Claim 7 is directed to the article of claim 3, wherein the ionic cross-links comprise one or more of Sr2+, Co2+, Zn2+, Cu2+, Mg2+, Ag2+, Ni2+, Sr2+, Pb2+, Sr2+, Cd2+, Fe2+, Fe3+, Mn+4 and V5. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since USP5209931 discloses treatment with salts having alkali, alkaline earth and transition metal cations. See col. 3 lines 39-49, col. 4 lines 40-42 regarding transition metals and claims 22-24.
Claim 8 is directed to the article of claim 1, wherein the cross-link density gradient decreases along the vector about 10% or more, about 10% to about 20%, about 20% to about 30%, about 30% to about 40%, about 40% to about 50%, about 50% to about 60%, about 60% to about 70%, about 70% to about 80%, about 80% to about 90%, or about 90% to about 95% of the cross-link density that is at the outer surface of the article, at a point in the interior on the vector. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since USP5209931 teaches controlling the degree of crosslinking by controlling the diffusion of the crosslinking solution into the article. See col. 2 lines 23-35, col. 4 lines 17-36. Selecting percentages within the claimed ranges would have been a matter of routine optimization.
Claim 9 is directed to the article of claim 1, wherein the cross-link density decreases along the vector from a point closer to the outer surface of the article, to a point in the interior and on the vector. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since USP5209931 discloses that the crosslink density decreases from the outer surface toward the interior of the article. See col. 2 lines 23-35 and claims 3 and 24.
Claim 10 is directed to the article of claim 9, wherein the cross-link density at the point in the interior and on the vector has a cross-link density that is about 1% to about 20%, about 20% to about 40%, about 40% to about 60%, about 60% to about 80%, or about 80% to about 99% of the cross-link density at the point closer to the outer surface of the article. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since USP5209931 teaches controlling the degree of crosslinking by controlling the diffusion of the crosslinking solution into the article. See col. 2 lines 23-35, col. 4 lines 17-36. Selecting percentages within the claimed ranges would have been a matter of routine optimization.
Claim 11 is directed to the article of claim 1, wherein the article further comprises one or more additives selected from the group consisting of water, glycerol, propane diol, and glycol ethers. See USP5209931 col. 1 lines 10-12 and col. 2 lines 27-32.
Claim 12 is directed to the article of claim 1, wherein the article comprises a wrapper, container, bottle, a bag such as but not limited to a single-use bag, straw, bottle cap, eating utensil, plate, bowl, cup, an article of packaging, film and sheeting, packing materials, trash bags, kitchenware, bottle stopper or screw lid, shopping bags, toiletries containing microbeads, personal care products such as hairbrush and toothbrush, writing utensils, countertops, carpeting and rugs, traffic cones, medical components, outdoor furniture, toys, luggage, car parts, construction materials, cell phone case, or a clothing or shoe item. In addition to the discussion for claim 1 above, note USP5209931 claim 24 discloses the formation of PVC products which are commonly used in the construction materials such as PVC tubing. See Examples 4-6, 8 and Table 8.
Claim 13 is directed to a method of forming a cross-link density gradient in an article comprising a cross-linked water-soluble polymer, an outer surface, and an interior, wherein the method comprises contacting the article with a solution comprising cross-linker.
USP5209931 discloses contacting a polymer article with a crosslinking solution that diffuses from the outer surface through the thickness of the article to form a crosslink density gradient. See col. 1 line 61 and claims 3, 24, col. 2 lines 13-45.
The reference does not discloses a water-soluble polymer.
USPub 20110015350 discloses forming reversible crosslinked polymers and then decrosslinking the polymers to allow for recycling. See paragraphs [0001]-[0010], [0037]-[0044] and claims 1,11 and 17. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute a water soluble polymer for the polymer of USP5209931 since selecting a known polymer substrate for its intended properties is a routine optimization choice that would have been obvious to the skilled artisan.
Claim 14 is directed to the method of claim 13, wherein the cross-link density gradient decreases along a vector from the outer surface to the interior. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since USP5209931 discloses that the crosslink density decreases from the outer surface toward the interior of the article. See col. 2 lines 23-35 and claims 3 and 24.
Claim 15 is directed to the method of claim 13, wherein cross-links of the polymer comprise ionic cross-links. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since USP5209931 discloses crosslinking using ionic components including cations and anions. See col. 3 line 17 to col. 4 line 12 and 37-54 and claims 4-13 and 22-24.
Claim 16 is directed to the method of claim 13, wherein the cross-links comprise an organic compound, an inorganic compound, or a combination thereof. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since USP5209931 discloses crosslinking materials comprising organic compounds and further treatment with organic or inorganic salts. See col. 3 lines 3-32 and 39-49 and claims 4-13 and 22-24.
Claim 17 is directed to the method of claim 13, USP5209931 col. 3 lines 57-58.
Claim 18 is directed to the method of claim 13, USP5209931 col. 3 lines 57-58.
Claim 19 is directed to the method of claim 15,2+, Zn2+, , Ba2+, Pb2+, Sr2+, Ba2+, Pb2+, Sr2+, Cu2+, Mg2+, Ag2+, Ni2+, Cd2+, Fe2+, Fe3+, Mn*4, and V+5. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since USP5209931 discloses treatment with salts having alkali, alkaline earth and transition metal cations. See col. 3 lines 39-49, col. 4 lines 40-42 regarding transition metals and claims 22-24.
Claim 20 is directed to the method of claim 13,about 40% to about 60%, about 60% to about 80%, or about 80% to about 99% cross-linked before contacting the article with the solution. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since USP5209931 teaches controlling the degree of crosslinking by controlling the diffusion of the crosslinking solution into the article. See col. 2 lines 23-35, col. 4 lines 17-36. Selecting percentages within the claimed ranges would have been a matter of routine optimization.
Claim 21 is directed to the method of claim 13, USP5209931 teaches immersing the polymer article in a crosslinking solution to form a crosslink density gradient. See Examples 1-8.
Claim 22 is directed to the method of claim 13, wherein contacting comprises diffusing the solution along the vector from the outer surface to the interior. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since USP5209931 discloses contacting the polymer with a crosslinking solution that diffuses from the outer surface into the article to form a crosslink density gradient.. See col. 2 lines 23-35 and col. 4 lines 17-36.
Claim 23 is directed to the method of claim 13, USP5209931 discloses controlling the extent of crosslinking the contact time with the crosslinking solution. Selecting a contact time within the claimed ranges would have been a matter of routine optimization.
Claim 24 is directed to the method of claim 13, USP5209931 discloses preparing a finished crosslinked polymer article following treatment with the crosslinking solution. Drying the treated article after contacting would have been an obvious after treatment to remove residual solution and prepare the article for the intended use.
Claim 25 is directed to a method of recycling an article comprising cross-linked water- soluble polymer, an outer surface, and an interior, wherein: (a) the article comprises a decreasing cross-link density gradient along a vector from the outer surface to the interior, and (b) the method comprises decross-linking the cross-linked water-soluble polymer. USP5209931 discloses preparing a polymer article having a crosslinked outer surface by contacting the polymer with a crosslinking material under conditions that produce a “crosslink density gradient from the surface toward the interior”. See claim 24, col. 2 lines 13-45, col. 4 lines 13-49. The reference does not teach recycling the article by decrosslinking. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to apply the known decrosslinking steps of USPub 20110015350 since it would have been predictable to the skilled artisan.
Claim 26 is directed to the method of claim 25, wherein the decross-linking initiates at the outer surface and proceeds to the interior. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since applying the decrosslinking method of USPub 20110015350 to the gradient article taught by USP5209931 , col. 2 lines 23-35 and claim 24, would have been predictable to the skilled artisan.
Claim 27 is directed to the method of claim 25, wherein the decross-linking rate increases along the vector. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since USPub 20110015350 discloses decrosslinking method to the gradient article of USP5209931 (col. 2 lines 23-35 and claim 24) would have been predictable to the skilled artisan and resulted in an increasing decrosslinking rate along the vector.
Claim 28 is directed to the method of claim 25, wherein cross-links of the polymer comprise ionic cross-links. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since USP5209931 discloses crosslinking using ionic components including cations and anions. See col. 3 line 17 to col. 4 line 12 and 37-54 and claims 4-13 and 22-24.
Claim 29 is directed to the method of claim 25, USP5209931 discloses crosslinking materials comprising organic compounds and further treatment with organic or inorganic salts. See col. 3 lines 3-32 and 39-49 and claims 4-13 and 22-24.
Claim 30 is directed to the method of claim 25, wherein the cross-links comprise ionic cross-linked formed by an organic compound comprising two or more amine groups. See USP5209931 col. 3 lines 57-58.
Claim 31 is directed to the method of claim 25, USP5209931 col. 3 lines 57-58.
Claim 32 is directed to the method of claim 28 , wherein the ionic cross-links comprise one or more of Fe2+, Co2+, Zn2+, Cu2+, Mg2+, Ag2+, Ni2+, Fe2+, Ba2+, Pb2+, Cd2+, Fe3+, Mn+4 and V+5. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since USP5209931 discloses treatment with salts having alkali, alkaline earth and transition metal cations. See col. 3 lines 39-49, col. 4 lines 40-42 regarding transition metals and claims 22-24.
Claim 33 is directed to the method of claim 25, USPub 20110015350 discloses decrosslinking a crosslinked polymer by contacting the polymer with a decrosslinking agent. Selecting a contact time sufficient to achieve the desired degree of decrosslinking would have been a matter of routine optimization.
Claim 34 is directed to the method of claim 33, wherein the decross-linking comprises contacting the article or composition with the solution for about 1 s to about 5 s, about 5 s to about 10 s, about 10 s to about 60 s, about 60 s to about 5 min, about 5 min to about 10 min, about 10 min to about 60 min, about 60 min to about 3 hr., about 3 hr. to about 12 hr., about 12 hr. to about 24 hr., about 24 hr. to about 3 days, or about more than 3 days. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention since USPub 20110015350 discloses recovering the polymer following decrosslinking. Drying the recovered polymer would have been an obvious post processing step to prepare the recycled polymer for subsequent use. contacting the polymer with a decrosslinking agent. Selecting a contact time sufficient to achieve the desired degree of decrosslinking would have been a matter of routine optimization.
In conclusion, in view of the above, there appears to be no significant difference between the reference(s) and that which is claimed by applicant(s). Any differences not specifically mentioned appear to be conventional. Consequently, the claimed invention cannot be deemed as unobvious and accordingly is unpatentable.
Information Disclosure Statement
Note that any future and/or present information disclosure statements must comply with 37 CFR § 1.98(b), which requires a list of the publications to include: the author (if any), title, relevant pages of the publication, date and place of publication to be submitted for consideration by the Office.
Improper Claim Dependency
Prior to allowance, any dependent claims should be rechecked for proper dependency if independent claims are cancelled.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRESSA M BOYKIN whose telephone number is (571)272-1069. The examiner can normally be reached M-F 7-5:30.
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/Terressa Boykin/Primary Examiner, Art Unit 1765
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