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 .
Response to Arguments
Applicant's arguments filed 4/29/2026 with respect to the 102a1 rejections under Reith have been fully considered but they are not persuasive. The Reith reference, in paragraph 0135, teaches using “as percentages of the total formulation weight” the element of “one or more surfactant(s): 0.1-45%, specifically 1-40%, more specifically 1-35%, still more specifically 1-10%, but in some cases more specifically from 15-35%; the surfactants advantageously being (1) at least one anionic surfactant, (2) a nonionic surfactant,” which is a disclosure of a specific range entirely within the claimed range which anticipates the range. See MPEP 2131.03.
Applicant's arguments filed 4/29/2026 with respect to the 102a1 rejections under Joye have been fully considered but they are not persuasive. The Joye reference teaches nonionic surfactant with a range of 0.1 to 10% which is touching the claimed range of “a non-ionic surfactant present from 10 to 40 total weight percent” and therefore anticipates because Joye discloses the claimed range with sufficient specificity under MPEP 2131.03. However, in order to address whether the range added by amendment has been disclosed with sufficient specificity, a new ground(s) of rejection is made as a rejection under 35 USC 102/103a by applying the Reith reference as a secondary reference for the 103 portion for the range feature.
Applicant’s arguments, see remarks, filed 4/29/2026, with respect to the rejection(s) of claim(s) 17-20 under 35 USC 102a1 over the Moore and over the Sullivan, have each been fully considered and are persuasive. Neither of these reference discloses “a non-ionic surfactant present from 10 to 40 total weight percent”. Therefore, the rejections has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of under 35 USC 103a by applying the Reith reference as a secondary reference for the range feature.
Reith specifically discloses a non-ionic surfactant (see paragraph 0056, disclosing “surfactants (including amphoteric, anionic, cationic, nonionic, or zwitterionic)”) present from 10 to 40 total weight percent (see paragraphs 0125, 0126 and 0135, disclosing:
[0125] Exemplary nonionic surfactants include alcohol ethoxylates (e.g., C.sub.6-C.sub.24 or C.sub.6-C.sub.16 alcohol ethoxylates) having 1 to about 20 ethylene oxide groups (e.g., about 9 to about 20 ethylene oxide groups), alkylphenol ethoxylates (e.g., C.sub.6-C.sub.24 or C.sub.8-C.sub.10 alkylphenol ethoxylates) having 1 to about 100 ethylene oxide groups (e.g., about 12 to about 20 ethylene oxide groups), alkylpolyglycosides (e.g., C.sub.6-C.sub.24 or C.sub.6-C.sub.20 alkylpolyglycosides) having 1 to about 20 glycoside groups (e.g., about 9 to about 20 glycoside groups). A combination comprising at least one of the foregoing can be used.
[0126] As a general guide, the amount of surfactant can be about 0.1 to about 20%, about 0.1 to about 15% or about 2 to about 15% of the total weight of the cleaning composition.
…
[0135] For example, a liquid laundry formulation may contain, as percentages of the total formulation weight: a) water: 50-95%; b) ketal alcohol of formula (1), 1,4-pentanediol, or a combination comprising at least one of the foregoing: 0.1-50%, more typically 1-25%, specifically 1-10%; c) one or more surfactant(s): 0.1-45%, specifically 1-40%, more specifically 1-35%, still more specifically 1-10%, but in some cases more specifically from 15-35%; the surfactants advantageously being (1) at least one anionic surfactant, (2) a nonionic surfactant, (3) a mixture of at least one nonionic surfactant and at least one anionic surfactant, (4) one or more of an .beta. alkyl glycoside, an alkyl betaine or a sulfo succinate salt, or (5) a mixture of (4) with (1), (2) or (3); h) one or more builders or chelating agents, particularly a chelating agent such as EDTA or DIDA: 0-30%, specifically, if present, 0.1-30%, more specifically, if present, from 1-25% and still more specifically, if present, from 1-10%; i) one or more bleaches, including, for example, a chlorine bleach such as sodium hypochlorite or a non-chlorine bleach: 0-10%, specifically, if present 0.1-5%; o) one or more abrasives: 0-30% specifically if present 1-20% p) one or more anti-redeposition additives, such as carboxymethylcellulose salts and cellulose acetate polymeric agents, 0-5%, specifically if present 0.1 to 2%; and q) brightening agents, including optical brightening agents, fluorescent brightening agents and fluorescent whitening agents, including, for example, sulfonated triazine-stilbenes, coumarins, imidazolines, diazoles, triazoles, benzoxazolines and biphenyl stilbenes, 0-3, specifically if present 0.1 to 1.
);
Claim Rejections - 35 USC § 102
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 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) 17-20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Rieth (US 20120040880 A1).
Rieth discloses a process of removing a sealant (see paragraph 0077, disclosing “The removal compositions can be used to remove a wide variety of materials, generally those soluble or softenable by organic solvents. Examples include materials such as inks for all types of substrates, including paper, wood, plastic, metal, textiles, ceramics, stone, skin, and for indoor or for outdoor use; adhesives and sealants, for example silicone, polyurethane, epoxy, polyvinyl acetate (including copolymers with ethylene), phenolic, amino resin, cyano acrylate, polyester, polyamide, rubber (styrene-butadiene and natural) or acrylic adhesives and sealants”) from a substrate comprising:
applying a composition to the sealant, the composition comprising:
one or more pyrrolidone solvents (see paragraph 0046, disclosing “amides such as acetamidophenol, N,N-dimethyl formamide (DMF), and acetanilide, and cyclic amides such as 1-methyl-2-pyrrolidone (NMP), N-ethyl-2-pyrrolidone, N-isopropyl-2-pyrrolidone, N-cyclohexyl-2-pyrrolidone, 2-hydroxyethyl-2-pyrrolidone, N-dimethylaminopropyl-2-pyrrolidone, vinyl-pyrrolidone, and 2-pyrrolidone;”);
a non-ionic surfactant (see paragraph 0056, disclosing “surfactants (including amphoteric, anionic, cationic, nonionic, or zwitterionic)”) present from 10 to 40 total weight percent (see paragraphs 0125, 0126 and 0135, disclosing:
[0125] Exemplary nonionic surfactants include alcohol ethoxylates (e.g., C.sub.6-C.sub.24 or C.sub.6-C.sub.16 alcohol ethoxylates) having 1 to about 20 ethylene oxide groups (e.g., about 9 to about 20 ethylene oxide groups), alkylphenol ethoxylates (e.g., C.sub.6-C.sub.24 or C.sub.8-C.sub.10 alkylphenol ethoxylates) having 1 to about 100 ethylene oxide groups (e.g., about 12 to about 20 ethylene oxide groups), alkylpolyglycosides (e.g., C.sub.6-C.sub.24 or C.sub.6-C.sub.20 alkylpolyglycosides) having 1 to about 20 glycoside groups (e.g., about 9 to about 20 glycoside groups). A combination comprising at least one of the foregoing can be used.
[0126] As a general guide, the amount of surfactant can be about 0.1 to about 20%, about 0.1 to about 15% or about 2 to about 15% of the total weight of the cleaning composition.
…
[0135] For example, a liquid laundry formulation may contain, as percentages of the total formulation weight: a) water: 50-95%; b) ketal alcohol of formula (1), 1,4-pentanediol, or a combination comprising at least one of the foregoing: 0.1-50%, more typically 1-25%, specifically 1-10%; c) one or more surfactant(s): 0.1-45%, specifically 1-40%, more specifically 1-35%, still more specifically 1-10%, but in some cases more specifically from 15-35%; the surfactants advantageously being (1) at least one anionic surfactant, (2) a nonionic surfactant, (3) a mixture of at least one nonionic surfactant and at least one anionic surfactant, (4) one or more of an .beta. alkyl glycoside, an alkyl betaine or a sulfo succinate salt, or (5) a mixture of (4) with (1), (2) or (3); h) one or more builders or chelating agents, particularly a chelating agent such as EDTA or DIDA: 0-30%, specifically, if present, 0.1-30%, more specifically, if present, from 1-25% and still more specifically, if present, from 1-10%; i) one or more bleaches, including, for example, a chlorine bleach such as sodium hypochlorite or a non-chlorine bleach: 0-10%, specifically, if present 0.1-5%; o) one or more abrasives: 0-30% specifically if present 1-20% p) one or more anti-redeposition additives, such as carboxymethylcellulose salts and cellulose acetate polymeric agents, 0-5%, specifically if present 0.1 to 2%; and q) brightening agents, including optical brightening agents, fluorescent brightening agents and fluorescent whitening agents, including, for example, sulfonated triazine-stilbenes, coumarins, imidazolines, diazoles, triazoles, benzoxazolines and biphenyl stilbenes, 0-3, specifically if present 0.1 to 1.
);
at least one co-solvent (a “ketal adduct”); and
optionally at least one additive of solubilizing agents, dyes (see paragraph 0056, disclosing “dyes”), fragrances (see paragraph 0056, disclosing “odor masking agents (including perfumes)”), thickeners (see paragraph 0056, disclosing “thickeners”), water (see multiple locations, such as paragraph 0035, disclosing “0 to 1% by weight of water,”), and combinations thereof) to the sealant; and
allowing dwell time for sealant to swell on the substrate (see paragraph 0003, disclosing “Lifting is when the solvent penetrates into the undesirable material and causes it to swell. As a result of the swelling, the material (whether it be a paint, coating or the like) wrinkles and lifts (separates) from the substrate, allowing the material to then be easily removed from the substrate's surface.”).
See especially claim 11, disclosing “comprising 1-methyl-2-pyrrolidone, a thickener, and a surfactant.”
See also paragraph 0055-57 and 0076-82, disclosing
[0055] The removal compositions can be formulated as, for example, a paint remover, graffiti remover, ink remover, adhesive remover, mastic remover, photoresist remover, wax remover, asphalt remover, concrete cleaner, form cleaner, hand cleaner, body cleaner, sap remover, oil remover, or grease remover. A single composition can have more than one use, for example a single composition can be used as both a paint and ink remover, as a paint, oil, and grease remover.
[0056] Thus, the removal compositions can contain other components to aid in the function of the compositions, for example abrasive particles, organic amine accelerators, organic acid accelerators, antioxidants, antirust additives, biocides, colorants, corrosion inhibitors, cosolvents, defoamers, dyes, enzymes, light stabilizers, odor masking agents (including perfumes), plasticizers, preservatives, surfactants (including amphoteric, anionic, cationic, nonionic, or zwitterionic), thickeners, and combinations comprising at least one of the foregoing. It is to be understood that a single additive can have more than one function, and that characterization of an additive as having that function (e.g., as a cosolvent) does not exclude the additive from performing another function. The concentrations of the individual additives of the removal compositions can be varied as depending upon components of the removal composition, the type of material to be removed, and the rate at which material removal is to be effected. Optimal concentrations for a particular application can be readily determined by a worker skilled in the art using standard experimental methods, and the guidelines provided below.
[0057] In a specific embodiment, the removal composition comprises an amide cosolvent, for example NMP, an amine accelerator, for example morpholine, a thickener, for example a cellulose thickener such as methylcellulose, and a surfactant.
…
[0076] A method of removing a material from a substrate comprises contacting the material with a composition comprising ketal adduct (1), specifically (1a) under conditions that effect removal, for example for a time effective to dissolve and/or lift the material; and separating the dissolved and/or lifted material from the substrate. As used herein, "dissolved" includes partial dissolution of a material, often referred to as softening, such that the material can be further removed from the substrate by rinsing or mechanical action. Of course, the removal composition can also be at least partially removed by separating the material.
[0077] The removal compositions can be used to remove a wide variety of materials, generally those soluble or softenable by organic solvents. Examples include materials such as inks for all types of substrates, including paper, wood, plastic, metal, textiles, ceramics, stone, skin, and for indoor or for outdoor use; adhesives and sealants, for example silicone, polyurethane, epoxy, polyvinyl acetate (including copolymers with ethylene), phenolic, amino resin, cyano acrylate, polyester, polyamide, rubber (styrene-butadiene and natural) or acrylic adhesives and sealants; mastics; photoresists; waxes, for example floor wax or bees wax; asphalts; saps (which as used herein includes pitches, rosins, tars, and natural resins such as tree sap); residual materials left in forms or molds, for example polymers such as alkyds, polyacetals, polyacrylates, polyacrylics, polyamides, polycarbonates, polyesters, polyethers, polyethylenes, polyimides, polystyrenes, polyurethanes, polyvinyls, silicones, natural and synthetic rubbers, and the like, and polymer additives; greases, for example silicone and petroleum-based greases; oils, including machine oil; and paints, finishes, and other coatings, for example, alkyd enamels, acrylic enamels, polyesters, polyurethanes, epoxy resin coatings, latex paints, oil-base paints, shellacs, phenolic coatings, gum varnishes, silicone coatings, polyvinyls, polyvinyl cinnamates, polyamides, polyimides, polyalkyl acrylates, polyalkyl methacrylates, drying oils, polyvinyl acrylates, and cellulosic resins.
[0078] The materials can be removed from surfaces that are reasonably resistant to the removal compositions, including natural and synthetic fabrics, wood, cardboard, and coated paper, especially if treated with a wax or other protective material, glass, thermoset resins, thermoplastic resins, ceramic, stone, masonry substrates, cement, or metals (e.g., aluminum alloys, zinc alloys, stainless steel, or galvanized steel). The removal compositions can further be used to a part of the human body, for example hands or hair, as well as animals.
[0079] Although the methods of contacting the surface with the removal composition can be accomplished in a number of ways, for example, in aerosol form or other spraying means such as by standard spray nozzles; brush application; dipping; coating; application in gel form such as from a squeeze bottle or brush, and the like, bit immersion and spraying can be specifically mentioned. If the surface to be cleaned is readily accessible, then spraying can be used. The spraying pressure will usually be from 1.3 bars to 8.0 bars absolute pressure. The mechanical force of the impinging removal composition facilitates removal of the material. On the other hand, if the surface to be cleaned has recesses or other shapes that are not readily accessible, immersion can be used. Of course, both methods can be used in combination and/or varied in ways apparent to those skilled in the art. During or after contacting, mechanical action, such as scraping, peeling, rubbing, wiping, and the like can be employed to increase contact and/or aid in dissolution and/or lifting.
[0080] The contact time needed to produce an effective degree of dissolution and/or lifting of the material from a surface will depend on the nature and thickness of the material, the composition of the removal composition, including the ingredient concentrations, the temperature of the composition, and other factors. With some materials and under some conditions, contact times of a few minutes (e.g., 2-3 minutes) can be sufficient. Operating temperature when using the removal compositions can be from 0 to 180.degree. C. or higher, specifically 15 to 90.degree. C., or 21 to 55.degree. C. The treatment is most conveniently carried out at ambient temperature, but lift time may be shortened as desired by heating the coatings remover and/or substrate. Heating can be achieved by local application of heat such as with a heat gun, or more general application of heat, such as with an electric heater, infrared heater, and the like. It is to be understood however, that those skilled in the art can determine optimal conditions for particular removal applications by minimal experimentation. Higher temperatures generally increase the rate at which the material is removed from the surface.
[0081] Separating the ketal adduct and dissolved material from the substrate can include mechanical action, such as scraping, peeling, rubbing, wiping, and the like, or rinsing the substrate with additional removal composition or another solvent, including water or aqueous mixture of water with an organic solvent.
[0082] The removal compositions described herein can accordingly be formulated for a wide variety of uses, such as paint removal (including cleaning and stripping), graffiti removal, ink removal, adhesive removal, mastic removal, photoresist removal, wax removal (including wax stripping), asphalt removal, concrete cleaning, form cleaning, mold cleaning, hand cleaning, sap removal, oil removal (including cleaning oil stains), degreasing (including parts degreasing and engine degreasing).
As to claim 18, Rieth discloses further comprising applying mechanical force to the sealant while the sealant is in contact with the composition. See paragraph 0079, reciting “During or after contacting, mechanical action, such as scraping, peeling, rubbing, wiping, and the like can be employed to increase contact and/or aid in dissolution and/or lifting.”
As to claim 19, Rieth discloses wherein the sealant is a silicone or sulfur-containing polymers. See paragraph 0077, disclosing “silicones” and “silicone and petroleum-based greases”
As to claim 20, Rieth discloses wherein the substrate is one of glass, metal, or concrete. Rieth discloses glass and metal, see paragraph 0078, disclosing “The materials can be removed from surfaces that are reasonably resistant to the removal compositions, including natural and synthetic fabrics, wood, cardboard, and coated paper, especially if treated with a wax or other protective material, glass, thermoset resins, thermoplastic resins, ceramic, stone, masonry substrates, cement, or metals (e.g., aluminum alloys, zinc alloys, stainless steel, or galvanized steel). The removal compositions can further be used to a part of the human body, for example hands or hair, as well as animals.”. Rieth also discloses concrete, See paragraph 0055, disclosing “The removal compositions can be formulated as, for example, a…, concrete cleaner, …” See also paragraph 0071, disclosing “Use of a thickener in the composition enables the composition to be applied onto vertical surfaces without any attendant dripping or run-off therefrom, and also inhibits dissipation of the composition into porous substrates such as brick or concrete.” See also paragraph 0082, disclosing “concrete cleaning”.
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.
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) 17-20 is/are rejected under 35 U.S.C. 102a1 as anticipated by Joye (US 6358901 B1) or, in the alternative, under 35 U.S.C. 103 as obvious over Joye (US 6358901 B1) in view of Rieth (US 20120040880 A1).
As to claim 17, Joye disclose process of removing (see the title, reciting “paint stripping”) a sealant (see column 5, line 13-16, disclosing “In the present text, the term "paint" is used generically. It designates any coating of a polymeric nature deposited on a support, more particularly paints proper, varnishes and plastic resins.”) from a substrate comprising:
applying a composition to the sealant, the composition comprising:
one or more pyrrolidone solvents (see column 2, lines 37-43, disclosing “Examples of polar aprotic solvents which can be cited are…N-methyl-2-pyrrolidone (NMP), …”);
a non-ionic surfactant (see column 3, line 66 to column 4, line 7, disclosing “Non-ionic surfactants which can be mentioned include ethoxylated or ethoxypropoxylated alkylphenols and ethoxylated or ethoxypropoxylated fatty alcohols, ethoxylated or ethoxypropoxylated triglycerides, ethoxylated or ethoxypropoxylated fatty acids, ethoxylated or ethoxypropoxylated sorbitan esters, ethoxylated or ethoxypropoxylated fatty amines, ethoxylated or ethoxypropoxylated di(1-phenylethyl) phenols, and ethoxylated or ethoxypropoxylated tri(1-phenylethyl)phenols.”) present from 10 to 40 total weight percent (see column 4, lines 48-51, disclosing that “The surfactant or surfactants can be used in an amount which can, for example, be in the range 0.1% to 10%, preferably 0.5% to 5% by weight with respect to the total composition weight.”);
at least one co-solvent (see column 3, lines 15-22, disclosing “Adding a co-solvent can generally increase the stripping performance of a composition by facilitating dissolution of the plasticisers present in the paint. Examples of co-solvents which can be used are an aromatic or aliphatic, odour-free liquid hydrocarbon solvent with a flash point of more than 50.degree. C., preferably more than 70.degree. C., such that this solvent is not classifiable as a flammable solvent.”); and
optionally at least one additive of solubilizing agents, dyes, fragrances, thickeners (see column 4, lines 55-58, disclosing “Conventional thickeners can be used, such as cellulose derivatives (ethylcellulose, hydroxypropylcellulose), xanthane gum, guar gum, carob gum, alginates, polyacrylates, starches, modified starches and modified clays.”), water, and combinations thereof) to the sealant; and
allowing dwell time for the sealant to swell on the substrate (see column 5, line 51, disclosing “The contact time is in the range 15 to 120 minutes.”). See also column 6, lines 6-10, reciting “Four drops of formulation were applied to painted plates and a chronometer was used to note the time required for swelling or "blistering" of the paint without any mechanical aid. This time was recorded in minutes or hours if the stripping time was over 60 minutes.”
Joye, is treated as disclosethat the non-ionic surfactant is present from 10 to 40 weight percent because Joye discloses a 10% end point for the range. See column 4, lines 48-51, disclosing that “The surfactant or surfactants can be used in an amount which can, for example, be in the range 0.1% to 10%, preferably 0.5% to 5% by weight with respect to the total composition weight.”. A range that touches the claimed range anticipates the claimed range if the prior art range discloses the claimed range with sufficient specificity. See MPEP 2131.03 II, reciting:
II. PRIOR ART WHICH TEACHES A RANGE OVERLAPPING OR TOUCHING THE CLAIMED RANGE ANTICIPATES IF THE PRIOR ART RANGE DISCLOSES THE CLAIMED RANGE WITH "SUFFICIENT SPECIFICITY"
When the prior art discloses a range which touches or overlaps the claimed range, but no specific examples falling within the claimed range are disclosed, a case by case determination must be made as to anticipation. In order to anticipate the claims, the claimed subject matter must be disclosed in the reference with "sufficient specificity to constitute an anticipation under the statute." What constitutes a "sufficient specificity" is fact dependent. If the claims are directed to a narrow range, and the reference teaches a broader range, other facts of the case, must be considered when determining whether the narrow range is disclosed with "sufficient specificity" to constitute an anticipation of the claims. Compare ClearValue Inc. v. Pearl River Polymers Inc., 668 F.3d 1340, 101 USPQ2d 1773 (Fed. Cir. 2012) with Atofina v. Great Lakes Chem. Corp, 441 F.3d 991, 999, 78 USPQ2d 1417, 1423 (Fed. Cir. 2006).
In ClearValue, the claim at issue was directed to a process of clarifying water with alkalinity below 50 ppm, whereas the prior art taught that the same process works for systems with alkalinity of 150 ppm or less. In holding the claim anticipated, the court observed that "there is no allegation of criticality or any evidence demonstrating any difference across the range." Id. at 1345, 101 USPQ2d at 1777. In Atofina, the court held that a reference temperature range of 100-500 degrees C did not describe the claimed range of 330-450 degrees C with sufficient specificity to be anticipatory, even though there was a slight overlap between the reference’s preferred range (150-350 degrees C) and the claimed range. "[T]he disclosure of a range is no more a disclosure of the end points of the range than it is each of the intermediate points." Id. at 1000, 78 USPQ2d at 1424. Patentee described claimed temperature range as "critical" to enable the process to operate effectively, and showed that one of ordinary skill would have expected the synthesis process to operate differently outside the claimed range.
If the prior art disclosure does not disclose a claimed range with "sufficient specificity" to anticipate a claimed invention, any evidence of unexpected results within the narrow range may render the claims nonobvious. See MPEP § 716.02 et seq. The question of "sufficient specificity" is similar to that of "clearly envisaging" a species from a generic teaching. See MPEP § 2131.02.
A 35 U.S.C. 102 and 103 combination rejection is permitted if it is unclear if the reference teaches the range with "sufficient specificity." The examiner must, in this case, provide reasons for anticipation as well as a reasoned statement regarding obviousness. Ex parte Lee, 31 USPQ2d 1105 (Bd. Pat. App. & Inter. 1993) (expanded Board). For a discussion of the obviousness of ranges see MPEP § 2144.05.
However, Rieth discloses a stripper composition that utilizes a non-ionic surfactant (see paragraph 0056, disclosing “surfactants (including amphoteric, anionic, cationic, nonionic, or zwitterionic)”) present from 10 to 40 total weight percent (see paragraphs 0125, 0126 and 0135, disclosing:
[0125] Exemplary nonionic surfactants include alcohol ethoxylates (e.g., C.sub.6-C.sub.24 or C.sub.6-C.sub.16 alcohol ethoxylates) having 1 to about 20 ethylene oxide groups (e.g., about 9 to about 20 ethylene oxide groups), alkylphenol ethoxylates (e.g., C.sub.6-C.sub.24 or C.sub.8-C.sub.10 alkylphenol ethoxylates) having 1 to about 100 ethylene oxide groups (e.g., about 12 to about 20 ethylene oxide groups), alkylpolyglycosides (e.g., C.sub.6-C.sub.24 or C.sub.6-C.sub.20 alkylpolyglycosides) having 1 to about 20 glycoside groups (e.g., about 9 to about 20 glycoside groups). A combination comprising at least one of the foregoing can be used.
[0126] As a general guide, the amount of surfactant can be about 0.1 to about 20%, about 0.1 to about 15% or about 2 to about 15% of the total weight of the cleaning composition.
…
[0135] For example, a liquid laundry formulation may contain, as percentages of the total formulation weight: a) water: 50-95%; b) ketal alcohol of formula (1), 1,4-pentanediol, or a combination comprising at least one of the foregoing: 0.1-50%, more typically 1-25%, specifically 1-10%; c) one or more surfactant(s): 0.1-45%, specifically 1-40%, more specifically 1-35%, still more specifically 1-10%, but in some cases more specifically from 15-35%; the surfactants advantageously being (1) at least one anionic surfactant, (2) a nonionic surfactant, (3) a mixture of at least one nonionic surfactant and at least one anionic surfactant, (4) one or more of an .beta. alkyl glycoside, an alkyl betaine or a sulfo succinate salt, or (5) a mixture of (4) with (1), (2) or (3); h) one or more builders or chelating agents, particularly a chelating agent such as EDTA or DIDA: 0-30%, specifically, if present, 0.1-30%, more specifically, if present, from 1-25% and still more specifically, if present, from 1-10%; i) one or more bleaches, including, for example, a chlorine bleach such as sodium hypochlorite or a non-chlorine bleach: 0-10%, specifically, if present 0.1-5%; o) one or more abrasives: 0-30% specifically if present 1-20% p) one or more anti-redeposition additives, such as carboxymethylcellulose salts and cellulose acetate polymeric agents, 0-5%, specifically if present 0.1 to 2%; and q) brightening agents, including optical brightening agents, fluorescent brightening agents and fluorescent whitening agents, including, for example, sulfonated triazine-stilbenes, coumarins, imidazolines, diazoles, triazoles, benzoxazolines and biphenyl stilbenes, 0-3, specifically if present 0.1 to 1.
);
Reith uses the composition to treat the same classes of materials as Sullivan, teaching in paragraph 0170 that:
[0170] The cleaning compositions can be used to remove a wide variety of materials, generally those soluble or softenable by organic solvents. Examples include materials such as soils, stains, grease, inks for all types of substrates, including paper, wood, plastic, metal, textiles, ceramics, stone, skin, and for indoor or for outdoor use; adhesives and sealants, for example silicone, polyurethane, epoxy, polyvinyl acetate (including copolymers with ethylene), phenolic, amino resin, cyano acrylate, polyester, polyamide, rubber (styrene-butadiene and natural) or acrylic adhesives and sealants; mastics; photoresists; waxes, for example floor wax or bees wax; asphalts; saps (which as used herein includes pitches, rosins, tars, and natural resins such as tree sap); residual materials left in forms or molds, for example polymers such as alkyds, polyacetals, polyacrylates, polyacrylics, polyamides, polycarbonates, polyesters, polyethers, polyethylenes, polyimides, polystyrenes, polyurethanes, polyvinyls, silicones, natural and synthetic rubbers, and the like, and polymer additives; greases, for example silicone and petroleum-based greases; oils, including machine oil; and paints, finishes, and other coatings, for example, alkyd enamels, acrylic enamels, polyesters, polyurethanes, epoxy resin coatings, latex paints, oil-based paints, shellacs, phenolic coatings, gum varnishes, silicone coatings, polyvinyls, polyvinyl cinnamates, polyamides, polyimides, polyalkyl acrylates, polyalkyl methacrylates, drying oils, polyvinyl acrylates, and cellulosic resins.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized that the non-ionic surfactant is present from 10 to 40 weight percent as taught by Rieth’s disclosure of a 15% to 35% range in order to enable the cleaning composition to be used for adhesives and sealants.
As to claim 18, Rieth as incorporated discloses further comprising applying mechanical force to the sealant while the sealant is in contact with the composition. See paragraph 0079, reciting “During or after contacting, mechanical action, such as scraping, peeling, rubbing, wiping, and the like can be employed to increase contact and/or aid in dissolution and/or lifting.”
As to claim 19, Rieth as incorporated discloses wherein the sealant is a silicone or sulfur-containing polymers. See paragraph 0077, disclosing “silicones” and “silicone and petroleum-based greases”
As to claim 20, Joye discloses wherein the substrate is one of glass, metal, or concrete (See column 5, lines 25-27, disclosing “The most usual substrates are: wood, metals and their alloys such as steel, stainless steel, aluminium, copper, iron; plastics materials, and mineral glasses.”).
Claim(s) 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sullivan (US 5015410 A) in view of Rieth (US 20120040880 A1).
As to claim 17, Sullivan discloses process of removing a sealant from a substrate (see column 5, lines 36-44, disclosing “The compositions of this invention may be used to remove a wide variety of paints, finishes, and coatings including, for example, alkyd enamels, acrylic enamels, polyesters, polyurethanes, epoxy resin coatings, latex paints, oil-base paints, shellacs, phenolic coatings, gum varnishes, silicone coatings, polyvinyls, polyvinyl cinnamates, polyamides, polyimides, polyalkyl acrylates, polyalkyl methacrylates, drying oils, polyvinyl acrylates, and cellulosic resins.”) comprising:
applying a composition to the sealant, the composition comprising:
one or more pyrrolidone solvents (see column 2, line 47, disclosing “N-methyl pyrrolidone”);
a non-ionic surfactant (see column 4, lines 36-37, disclosing “Anionic, cationic, nonionic or amphoteric surfactants or combinations thereof may be utilized.”);
at least one co-solvent (see the abstract, disclosing “a miscibilizing solvent such as an aromatic hydrocarbon”); and
optionally at least one additive of solubilizing agents, dyes, fragrances, thickeners (see the abstract, disclosing “The composition preferably also contains one or more additives such as a surfactant, thickener, or accelerator.”), water, and combinations thereof) to the sealant; and
allowing dwell time for sealant to swell on the substrate (see column 5, line 60-63, disclosing “Lift time (i.e., the time at which the coating is released from the substrate) will typically be from about 10 seconds to 10 minutes using the compositions of this invention.”).
Sullivan, however, does not disclose that the non-ionic surfactant is present from 10 to 40 weight percent. Sullivan, however, does disclose in column 4, lines 49-51 that “The concentration of surfactant is not critical, but preferably is from about 0.1 to 8 weight percent of the coatings remover composition.”.
However, Rieth discloses a stripper composition that utilizes a non-ionic surfactant (see paragraph 0056, disclosing “surfactants (including amphoteric, anionic, cationic, nonionic, or zwitterionic)”) present from 10 to 40 total weight percent (see paragraphs 0125, 0126 and 0135, disclosing:
[0125] Exemplary nonionic surfactants include alcohol ethoxylates (e.g., C.sub.6-C.sub.24 or C.sub.6-C.sub.16 alcohol ethoxylates) having 1 to about 20 ethylene oxide groups (e.g., about 9 to about 20 ethylene oxide groups), alkylphenol ethoxylates (e.g., C.sub.6-C.sub.24 or C.sub.8-C.sub.10 alkylphenol ethoxylates) having 1 to about 100 ethylene oxide groups (e.g., about 12 to about 20 ethylene oxide groups), alkylpolyglycosides (e.g., C.sub.6-C.sub.24 or C.sub.6-C.sub.20 alkylpolyglycosides) having 1 to about 20 glycoside groups (e.g., about 9 to about 20 glycoside groups). A combination comprising at least one of the foregoing can be used.
[0126] As a general guide, the amount of surfactant can be about 0.1 to about 20%, about 0.1 to about 15% or about 2 to about 15% of the total weight of the cleaning composition.
…
[0135] For example, a liquid laundry formulation may contain, as percentages of the total formulation weight: a) water: 50-95%; b) ketal alcohol of formula (1), 1,4-pentanediol, or a combination comprising at least one of the foregoing: 0.1-50%, more typically 1-25%, specifically 1-10%; c) one or more surfactant(s): 0.1-45%, specifically 1-40%, more specifically 1-35%, still more specifically 1-10%, but in some cases more specifically from 15-35%; the surfactants advantageously being (1) at least one anionic surfactant, (2) a nonionic surfactant, (3) a mixture of at least one nonionic surfactant and at least one anionic surfactant, (4) one or more of an .beta. alkyl glycoside, an alkyl betaine or a sulfo succinate salt, or (5) a mixture of (4) with (1), (2) or (3); h) one or more builders or chelating agents, particularly a chelating agent such as EDTA or DIDA: 0-30%, specifically, if present, 0.1-30%, more specifically, if present, from 1-25% and still more specifically, if present, from 1-10%; i) one or more bleaches, including, for example, a chlorine bleach such as sodium hypochlorite or a non-chlorine bleach: 0-10%, specifically, if present 0.1-5%; o) one or more abrasives: 0-30% specifically if present 1-20% p) one or more anti-redeposition additives, such as carboxymethylcellulose salts and cellulose acetate polymeric agents, 0-5%, specifically if present 0.1 to 2%; and q) brightening agents, including optical brightening agents, fluorescent brightening agents and fluorescent whitening agents, including, for example, sulfonated triazine-stilbenes, coumarins, imidazolines, diazoles, triazoles, benzoxazolines and biphenyl stilbenes, 0-3, specifically if present 0.1 to 1.
);
Reith uses the composition to treat the same classes of materials as Sullivan, teaching in paragraph 0170 that:
[0170] The cleaning compositions can be used to remove a wide variety of materials, generally those soluble or softenable by organic solvents. Examples include materials such as soils, stains, grease, inks for all types of substrates, including paper, wood, plastic, metal, textiles, ceramics, stone, skin, and for indoor or for outdoor use; adhesives and sealants, for example silicone, polyurethane, epoxy, polyvinyl acetate (including copolymers with ethylene), phenolic, amino resin, cyano acrylate, polyester, polyamide, rubber (styrene-butadiene and natural) or acrylic adhesives and sealants; mastics; photoresists; waxes, for example floor wax or bees wax; asphalts; saps (which as used herein includes pitches, rosins, tars, and natural resins such as tree sap); residual materials left in forms or molds, for example polymers such as alkyds, polyacetals, polyacrylates, polyacrylics, polyamides, polycarbonates, polyesters, polyethers, polyethylenes, polyimides, polystyrenes, polyurethanes, polyvinyls, silicones, natural and synthetic rubbers, and the like, and polymer additives; greases, for example silicone and petroleum-based greases; oils, including machine oil; and paints, finishes, and other coatings, for example, alkyd enamels, acrylic enamels, polyesters, polyurethanes, epoxy resin coatings, latex paints, oil-based paints, shellacs, phenolic coatings, gum varnishes, silicone coatings, polyvinyls, polyvinyl cinnamates, polyamides, polyimides, polyalkyl acrylates, polyalkyl methacrylates, drying oils, polyvinyl acrylates, and cellulosic resins.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized that the non-ionic surfactant is present from 10 to 40 weight percent as taught by Rieth’s disclosure of a 15% to 35% range in order to enable the cleaning composition to be used for adhesives and sealants.
As to claim 18, Sullivan discloses further comprising applying mechanical force to the sealant while the sealant is in contact with the composition. See column 5, lines 63-65, disclosing “After lifting, the coating and paint remover composition are removed from the substrate by mechanical action (i.e., scraping or sanding) or by rinsing with high pressure water.”
As to claim 19, Sullivan discloses wherein the sealant is a silicone or sulfur-containing polymers. See column 5, lines 16-21, disclosing “The compositions of this invention may be used to remove a wide variety of paints, finishes, and coatings including, for example, …silicone coatings…”
As to claim 20, Sullivan discloses wherein the substrate is one of glass, metal, or concrete. See column 5, disclosing “The substrate may be of any material which is reasonably resistant to the coatings remover such as wood, glass, thermoset resin, thermoplastic resin, or metal (e.g., aluminum alloys, zinc alloys, or galvanized steel).”
Claim(s) 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moorre (US 20130206166 A1) in view of Rieth (US 20120040880 A1).
As to claim 17, Moorre a process of removing a sealant from a substrate comprising:
applying a composition to the sealant, the composition comprising:
one or more pyrrolidone solvents (see paragraph 0021, disclosing “pyrrolidones such as N-methylpyrrolidone (NMP), N-ethylpyrrolidone (NEP), dimethylpiperidone, 2-pyrrole, N-hydroxyethyl-2-pyrrolidone (HEP), N-cyclohexyl-2-pyrrolidone (CHP),”);
a non-ionic surfactant (see paragraph 0026, disclosing “Suitable surfactants include non-ionic alkoxylated linear alcohols” and “Less than about 2 weight percent of the non-ionic surfactant and preferable an amount of about 0.5 to about 1 weight percent is sufficient.”);
at least one co-solvent (paragraph 0025, disclosing “A co-solvent, which may be chosen from a variety of chemistries, such as N,N-dimethylacetamide (DMAC), N-methylpyrrolidone (NMP), or dimethyl sulfoxide (DMSO) is present to enhance the resin dissociation. Co-solvency of the mixture that provides properties which exceeds the individual components is achieved through a range of concentrations from equal parts (1:1) to a ratio of 20:1.”); and
optionally at least one additive of solubilizing agents (although this limitation is optional, it is noted that paragraph 0017 discloses “one or more members from the groups consisting of organic alkalis, amines, solvent soluble hydroxides”), dyes, fragrances, thickeners (although this limitation is optional, the abstract discloses a cellulose derivative that functions as a thickener may be added, disclosing that “To this mixture, a surfactant, inhibitor, and cellulose derivative may be added to produce a gel-form property” See also paragraph 0024), water, and combinations thereof ) to the sealant; and
allowing dwell time for sealant to swell on the substrate (see paragraph 0015, disclosing “allowing it maintain contact for a period of time satisfactory to achieve the desired removal performance”).
See paragraphs 0015-26, reproduced below:
[0015] It is an object of this invention to provide a metal-safe composition of matter that operates as a chemical remover (dissolving system) of cured polysulfide resins by methods that include bringing into direct contact the invention with the resin and allowing it maintain contact for a period of time satisfactory to achieve the desired removal performance, and upon rinsing or wiping the invention mixture comprising reacted polysulfide resin away from the underlying substrate, it is observed that the metal integrity is preserved. This object and other objects which will become apparent from the description which follows, are achieved by the metal-safe composition of the invention which comprise a mixture of: [0016] (a) one or more members from the groups consisting of polar organic solvents, including alcohols, amides, esters, ethers, glycol ether esters, glycol ethers, glycols, ketones, lactates, sulfoxides; and, [0017] (b) one or more members from the groups consisting of organic alkalis, amines, solvent soluble hydroxides; and, [0018] (c) one or more corrosion inhibitors providing sufficient substrate protection without reducing performance; wherein, [0019] the components a-c are present at sufficient concentrations, which when mixed together, will produce a system that enables the metal safe removal of cured polysulfide resins; such a mixture of components would contain item (a) present in the amount of about 0.1 to about 99 wt %, component (b) present in an amount of about 0.5 to about 99.5 wt %, and component (c) present in an amount of about 0.01 to about 25 wt %. The composition is mixed to produce a uniform system, which operates as a chemical remover for cured polysulfide resins with metal safety achieved during the time period of its performance, whereby upon removal using conventional rinsing or wiping processes, a protected substrate free of polysulfide resin is achieved.
[0020] The components identified in the aforementioned categories a-c are present in a system and include preferred species known to provide certain performance values of interest in cleaning practices in manufacturing. These preferred items identified in the listed categories include the following: [0021] (a) suitable solvents include, but are not limited to ketones such as cyclohexanone, 2-heptanone, methyl propyl ketone, and methyl amyl ketone, esters such as isopropyl acetate, ethyl acetate, butyl acetate, ethyl propionate, methyl propionate, ethyl 2-hydroxypropionate(ethyl lactate (EL)), ethyl 2-hydroxy-2-methyl propionate, ethyl hydroxyacetate, ethyl 2-hydroxy-3-methyl butanoate, methyl 3-methoxypropionate, ethyl 3-methoxy propionate, ethyl 3-ethoxypropionate, methyl 3-ethoxy propionate, methyl pyruvate, and ethyl pyruvate, ethers and glycol ethers such as diisopropyl ether, ethyleneglycol monomethyl ether, ethyleneglycol monoethyl ether, diethylene glycol monoethyl ether and propylene glycol monomethyl ether (PGME), 3-methoxy-3-methyl-1-butanol (MMB), glycol ether esters such as ethyleneglycol monoethyl ether acetate, propyleneglycol methyl ether acetate (PGMEA), and propyleneglycol propyl ether acetate, aromatic solvents such as methylbenzene, dimethylbenzene, anisole, and nitrobenzene, amide solvents such as N,N-dimethylacetamide (DMAC), N,N-dimethylformamide, and N-methylformanilide, and pyrrolidones such as N-methylpyrrolidone (NMP), N-ethylpyrrolidone (NEP), dimethylpiperidone, 2-pyrrole, N-hydroxyethyl-2-pyrrolidone (HEP), N-cyclohexyl-2-pyrrolidone (CHP), sulfur containing solvents such as dimethyl sulfoxide, dimethyl sulfone and tetramethylene sulfone, and preferred of the solvents include gamma-butyrolactone (GBL or BLO); [0022] (b) alkali or base of organic or inorganic origin to include ammonium hydroxide, quaternary hydroxides, amines, alkanolamines, elemental hydroxides, or alkoxides, and preferred of the alkalis include 1,8-diazabicyclo(5.4.0)undec-7-ene (DBU); [0023] (c) inhibitors defined as a protecting agents to include chelating and complexing agents, including benzylic hydroxides such as catechol, triazoles such as benzotriazole (BTA) and tolyltriazole (TTA), alkyl-sulfonic acids, phosphoric acids and phosphoric acid esters; imidazoles, imidazolines, borates, phosphates, and alkyl or elemental silicates, ethylenediaminetetraacetic acid, diethylenetriaminepentaacetic acid, nitrilotriacetic acid, and 2,4-pentanedione, reducing sugars, hydroquinones, glyoxal, salicylaldehyde, fatty acids such as citric and ascorbic acid, hydroxylamines, silicates as alkali-element salts, organosilicates as tetraethylorthosilicate (TEOS), monomeric and oligomeric condensates of organosilicates, monomeric siloxane derivatives, alkyalkoxysilanes, or vanillin.
[0024] When a cellulosic-based polymerization additive is used in the preparation of the mixture, the result is a gel form of the final product that is stable over long periods of time. This gel-form solvent system allows its application to vertical and overhead surfaces with a high selectivity. Once the solvent system is brought into contact with the polysulfide resin, the amine component extracts the sulfide and breaks down the resin where it may be easily wiped away from the surface, leaving the underlying substrate unharmed. In situations where wiping with a rag or napkin is not possible or impractical, rinsing with alcohol or water may be performed. The rinse mixes with the gel and reacted polysulfide to emulsify and disperse it from the substrate, leaving small cracks and hard to reach crevices free of residue.
[0025] The primary objective of the present invention is to provide a liquid or gel form of the cured polysulfide remover that does not harm aluminum or aluminum alloy substrates. The formulation protects the substrate by providing a safe medium to the substrate while maintaining aggressive removal of the resin. The system must be free of water (e.g. anhydrous) in order for it to penetrate and swell the cured resin. The preferred solvent, gamma-butyrolactone (GBL or BLO) is used for effective protection of the substrate and solubility on the resin, while the preferred amine, 1,8-diazabicyclo(5.4.0)undec-7-ene (DBU), is present to leach-out the sulfide chemistry and react to effect complete dissolution. Although the BLO solvent acts to protect aluminum and aluminum alloy substrates, other inhibitors may be added, including the preferred tetraethylorthosilicate (TEOS). A co-solvent, which may be chosen from a variety of chemistries, such as N,N-dimethylacetamide (DMAC), N-methylpyrrolidone (NMP), or dimethyl sulfoxide (DMSO) is present to enhance the resin dissociation. Co-solvency of the mixture that provides properties which exceeds the individual components is achieved through a range of concentrations from equal parts (1:1) to a ratio of 20:1. This phenomenon is explained by molecular desegregation brought about by the mixtures.
[0026] Suitable surfactants include non-ionic alkoxylated linear alcohols and specifically those which exhibit cloud points >45 degrees C. The surfactant functions to reduce surface tension and aid in the rinsing process. A non-ionic environment is required for inert conditions towards dissolved metals and maximum solubility in a wide range of media, both solvent and water. Low foaming capacity allows for product use in various automated equipment. Alternative surfactants include nonyl-phenols and nonyl-ethoxylates with a HLB (hydrophilic/lipophilic balance) ranging from 7-15. Less than about 2 weight percent of the non-ionic surfactant and preferable an amount of about 0.5 to about 1 weight percent is sufficient.
Moorre, however, does not disclose that the non-ionic surfactant is present from 10 to 40 weight percent. Moorre discloses that “Less than about 2 weight percent of the non-ionic surfactant and preferable an amount of about 0.5 to about 1 weight percent is sufficient.”.
However, Rieth discloses a stripper composition that utilizes a non-ionic surfactant (see paragraph 0056, disclosing “surfactants (including amphoteric, anionic, cationic, nonionic, or zwitterionic)”) present from 10 to 40 total weight percent (see paragraphs 0125, 0126 and 0135, disclosing:
[0125] Exemplary nonionic surfactants include alcohol ethoxylates (e.g., C.sub.6-C.sub.24 or C.sub.6-C.sub.16 alcohol ethoxylates) having 1 to about 20 ethylene oxide groups (e.g., about 9 to about 20 ethylene oxide groups), alkylphenol ethoxylates (e.g., C.sub.6-C.sub.24 or C.sub.8-C.sub.10 alkylphenol ethoxylates) having 1 to about 100 ethylene oxide groups (e.g., about 12 to about 20 ethylene oxide groups), alkylpolyglycosides (e.g., C.sub.6-C.sub.24 or C.sub.6-C.sub.20 alkylpolyglycosides) having 1 to about 20 glycoside groups (e.g., about 9 to about 20 glycoside groups). A combination comprising at least one of the foregoing can be used.
[0126] As a general guide, the amount of surfactant can be about 0.1 to about 20%, about 0.1 to about 15% or about 2 to about 15% of the total weight of the cleaning composition.
…
[0135] For example, a liquid laundry formulation may contain, as percentages of the total formulation weight: a) water: 50-95%; b) ketal alcohol of formula (1), 1,4-pentanediol, or a combination comprising at least one of the foregoing: 0.1-50%, more typically 1-25%, specifically 1-10%; c) one or more surfactant(s): 0.1-45%, specifically 1-40%, more specifically 1-35%, still more specifically 1-10%, but in some cases more specifically from 15-35%; the surfactants advantageously being (1) at least one anionic surfactant, (2) a nonionic surfactant, (3) a mixture of at least one nonionic surfactant and at least one anionic surfactant, (4) one or more of an .beta. alkyl glycoside, an alkyl betaine or a sulfo succinate salt, or (5) a mixture of (4) with (1), (2) or (3); h) one or more builders or chelating agents, particularly a chelating agent such as EDTA or DIDA: 0-30%, specifically, if present, 0.1-30%, more specifically, if present, from 1-25% and still more specifically, if present, from 1-10%; i) one or more bleaches, including, for example, a chlorine bleach such as sodium hypochlorite or a non-chlorine bleach: 0-10%, specifically, if present 0.1-5%; o) one or more abrasives: 0-30% specifically if present 1-20% p) one or more anti-redeposition additives, such as carboxymethylcellulose salts and cellulose acetate polymeric agents, 0-5%, specifically if present 0.1 to 2%; and q) brightening agents, including optical brightening agents, fluorescent brightening agents and fluorescent whitening agents, including, for example, sulfonated triazine-stilbenes, coumarins, imidazolines, diazoles, triazoles, benzoxazolines and biphenyl stilbenes, 0-3, specifically if present 0.1 to 1.
);
Reith uses the composition to treat the same classes of materials as Sullivan, teaching in paragraph 0170 that:
[0170] The cleaning compositions can be used to remove a wide variety of materials, generally those soluble or softenable by organic solvents. Examples include materials such as soils, stains, grease, inks for all types of substrates, including paper, wood, plastic, metal, textiles, ceramics, stone, skin, and for indoor or for outdoor use; adhesives and sealants, for example silicone, polyurethane, epoxy, polyvinyl acetate (including copolymers with ethylene), phenolic, amino resin, cyano acrylate, polyester, polyamide, rubber (styrene-butadiene and natural) or acrylic adhesives and sealants; mastics; photoresists; waxes, for example floor wax or bees wax; asphalts; saps (which as used herein includes pitches, rosins, tars, and natural resins such as tree sap); residual materials left in forms or molds, for example polymers such as alkyds, polyacetals, polyacrylates, polyacrylics, polyamides, polycarbonates, polyesters, polyethers, polyethylenes, polyimides, polystyrenes, polyurethanes, polyvinyls, silicones, natural and synthetic rubbers, and the like, and polymer additives; greases, for example silicone and petroleum-based greases; oils, including machine oil; and paints, finishes, and other coatings, for example, alkyd enamels, acrylic enamels, polyesters, polyurethanes, epoxy resin coatings, latex paints, oil-based paints, shellacs, phenolic coatings, gum varnishes, silicone coatings, polyvinyls, polyvinyl cinnamates, polyamides, polyimides, polyalkyl acrylates, polyalkyl methacrylates, drying oils, polyvinyl acrylates, and cellulosic resins.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized that the non-ionic surfactant is present from 10 to 40 weight percent as taught by Rieth’s disclosure of a 15% to 35% range in order to enable the cleaning composition to be used for adhesives and sealants.
As to claim 18, Moorre discloses further comprising applying mechanical force (such as “wiping”) to the sealant while the sealant is in contact with the composition (see paragraph 0015, disclosing “wiping the invention mixture comprising reacted polysulfide resin away from the underlying substrate”).
As to claim 19, Moore discloses wherein the sealant is a silicone or sulfur-containing polymers (see paragraph 0012, disclosing that the sealant can be a cross-linked polysulfide which can used as a sealant in aircraft and fuel tanks).
See paragraph 0012, disclosing sulfur containing polymers, :
[0012] When the cross-linked polysulfide is exposed to the composition of the invention, the polymer will begin to breakdown, allowing the residue to be easily wiped or rinsed away without mechanical and chemical damage to the underlying aluminum and aluminum alloy substrate. Applications and use of compositions of the invention include the removal of polysulfide encapsulation in electronics, sealants in aircraft, coatings and sealants in fuel tanks (e.g. underground storage tanks), and other uses where elimination of insoluble cross-linked (cured) polysulfide polymer is desired. Included in the invention is the ability to prepare the product in forms of a liquid or gel, allowing opportunities to remove polysulfide resin from small parts by immersion and from open areas where liquids would flow to unwanted areas, including vertical and overhead surfaces.
As to claim 20, Moore discloses wherein the substrate is one of glass, metal, or concrete. Moore discloses using a substrate that is made of aluminum or aluminum alloys. See paragraph 0013, disclosing metals,:
[0013] Of particular importance in the invention is the aspect of metal safety, and specifically to aluminum and aluminum alloys. Due to the highly regulated condition of materials and workmanship in areas where polysulfide is used, for example, electronics, aviation, aerospace, and petroleum (fuel) storage and distribution, many meticulous steps must be used to install polysulfide resin. Substrate preparation is critical to protect the hard surface and ensure satisfactory adhesion of the sealant. Materials must be applied and inspected with a high level of redundancy. To this end, test methods exist to ensure that materials and practices agree with the proper care and assurance of performance. At the time of this invention development, the list of test curricula that applies to the use and application of polysulfide cleaners includes: American Society for Testing and Materials (ASTM) F1110 (Sandwich Corrosion), ASTM F519 (Hydrogen Embrittlement), ASTM F502 (Effects on Painted Surfaces), and ASTM F484 (Total Immersion Corrosion). The invention has been tested against these criteria and approved. The invention is superior in metal safety over the prior art as specified in U.S. Pat. No. 7,005,409 (Dissolving Gel for Cured Polysulfide Resins, 2006), Moore et.al, which has been shown to attack metals and does not pass the test criteria for the ASTM.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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