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 .
Detailed Action
Restriction/Election
Applicant’s election without traverse of Species 1) sulfonated styrenic block copolymer with the specific structures as specified claim 18; Species 2) cage molecules as specified in claim 2; Species 3) propellants as specified in claim 3; Species 4) a spray as specified in claim 4; and Species 5) cyclohexane as specified in claim 7 in the reply filed on 02/18/26 is acknowledged. Claims 1-8, 10, 14 and 17-20 are under prosecution.
Claims 9, 11-13 and 15-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/18/26.
Claim 17 is objected to because for typographical error of reciting “least” as opposed to “at least”.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-8, 10, 14 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Akamine et al. (JP2011136977A, English translation provided for citations, hereinafter referred to as “Akamine”) in view of Willis et al. (USP 7,737,224) and further in view of Wetterer et al.(USP 10,549,006), Bicard-Benhamou et al. (US PG Pub. 2010/0119461A1).
Akamine teaches a composition for virus infection (i.e., microbes) inhibiting paint (i.e., an antimicrobial paint) (abstract) wherein said paint may be solvent-based, water-based, or a resin paint (e.g., polyester resin paint, epoxy resin paint) ([0061] and [0063]). Akamine teaches that the composition for virus infection preventing paint comprises an RNA virus infection-preventing agent having at least one substituent of general formula (1) wherein R2 may be a sulfonic acid group ([0009]) including polystyrene sulfonic acid ([0022]) (i.e., a vinyl aromatic monomer bearing sulfonic acid groups), and further teaches that the virus infection inhibiting compound may be a copolymer of a general formula (1) wherein R2 may be a sulfonic acid group and a monomer copolymerizable with the monomer that preferably forms a block copolymer ([0034]). Akamine further teaches that the amount of a monomer having the structure of general formula (1) wherein R2 may be a sulfonic acid group is preferably 5% by weight of more ([0036Akamine further teaches that the virus infection inhibiting compound may comprise a carrier which may be a polyurethane resin or alkyd resin ([0056]), which read on the claimed binder. Akamine further teaches that the virus infection inhibiting paint composition may comprise an ultraviolet absorber additive ([0059]). Akamine further teaches that the virus infection prevention paint may be applied by roller coating, spray coating, brush coating, dip coating ([0074]). Akamine further teaches that the virus infection prevention paint may be coated onto kitchen goods (i.e., indoor objects) or building interior materials (i.e., indoor structures) ([0071]-[0072]).
Akamine teaches that the virus infection inhibiting composition is preferably a block copolymer ([0034]), but is silent towards the configuration of said block copolymer or the distribution of monomers along the backbone.
Willis teaches a sulfonated block copolymer comprising at least two polymer end blocks (A block) and at least on interior block (B block) (see abstract of Willis), wherein each B block is susceptible to sulfonation and the A block is selected from one or more segments of polymerized (i) para-substituted styrene monomers, (ii) ethylene, (iii) alpha olefins of 3 to 18 carbon atoms; (iv) hydrogenated 1,3-cyclodiene monomers, (v) hydrogenated monomers of conjugated dienes having a vinyl content less than 35 mol percent prior to hydrogenation, (vi) acrylic esters, (vii) methacrylic esters, and (viii) mixtures thereof; and each B block is selected from polymerized vinyl aromatic monomers selected from (i) unsubstituted styrene monomers, (ii) ortho-substituted styrene monomers, (iii) meta-substituted styrene monomers, (iv) alpha-methylstyrene, (v) 1,1-diphenylethylene, (vi) 1,2-diphenylethylene and (vii) mixtures thereof (see abstract). Willis further teaches that the configuration of the A and B blocks A-B-A and A and B are as defined above (see column 7, lines 54-60), and may also be configured as A-D-B-D-A or A-B-D-B-A and mixtures thereof, wherein each A block and each D block is a polymer block resistant to sulfonation and the D block may be a hydrogenated polymer or copolymer of a conjugated diene selected from isoprene, 1,3-butadiene and mixtures thereof (column 8, lines 51-50). Willis also discloses that it was known that the materials disclosed in Willis are useful due to their known antimicrobial properties (column 28, lines 55-60). Willis and Akamine are considered analogous art because they are both directed to sulfonated copolymers suitable for coatings or paints for antimicrobial purposes.
It would have been obvious to a person having ordinary skill in the art to improve the sulfonated styrene copolymer taught by Akamine with the polymer configuration taught by Willis because Willis teaches that the preparation of styrenic and sulfonated styrenic block copolymers having a central sulfonated block are known in the art to balance the hydrophobic/hydrophilic properties of each block, which allows for tuning of the properties of the polymer (column 4, lines 14-20 of Willis) and also to improve dimensional stability of coatings or films formed thereof (column 44, lines 30-35 of Willis) while allowing for application in wet or aqueous environments without the need for crosslinking (column 5, lines 8-11). Because the antimicrobial properties of the composition taught by Akamine result from the sulfonic acid moieties of the polymer coating, a coating having the degree of sulfonation taught by Akamine (Akamine teaches that the amount of a monomer having the structure of general formula (1) wherein R2 may be a sulfonic acid group is preferably 5% by weight of more such that virus inhibition may be achieved ([0036] of Akamine) along with the block copolymer configuration of Willis would also be expected to have comparable antimicrobial activity. Furthermore, a person having ordinary skill in the art would reasonably look to Willis to choose a block copolymer for the composition of Akamine due to (1) the explicit disclosure of Akamine that a block copolymer configuration is preferred ([0034] of Akamine), and (2) Willis teaches a block copolymer comprising the at least one substituent of general formula (1) wherein R2 may be a sulfonic acid group ([0009]) including polystyrene sulfonic acid ([0022]) as required by Akamine and Willis further motivates the combination by contemplating improvements of mechanical properties over alternative sulfonated copolymers (as described above, also see column 4, lines 14-20; column 44, lines 30-35; column 5, lines 8-11 of Willis) and furthermore because Willis contemplates utility in antimicrobial applications (column 28, lines 55-60 of Willis), which is the main thrust of the block copolymer of Akamine.
Akamine further teaches that the virus infection inhibiting compound may be present in a paint in an amount of 0.01 to 20% by weight ([0066]), which overlaps with the claimed range for an amount of the selectively sulfonated negatively-charged copolymer for a surface to have a surface pH of < 3.0. In the case where claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). See MPEP § 2144.05(I). It would have been obvious to a person having ordinary skill in the art at the time of the invention to have used the overlapping portion of the claimed range, and the motivation to have done so would have been, as Akamine suggests, that the overlapping portion is a useable range for an amount of a sulfonated block copolymer within a composition for antimicrobial/antiviral applications. However, Akamine is silent towards the surface pH of the virus infection inhibiting compound or paints comprising the same.
The Office realizes that all of the claimed effects or physical properties are not positively stated by the reference. However, Akamine as modified by Willis teaches all of the claimed ingredients in the claimed amounts made by a substantially similar process. Therefore, the claimed effects and physical properties, i.e. olfactory intensity score would naturally arise and be achieved by a composition with all the claimed ingredients. "Products of identical chemical composition cannot have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. See MPEP § 2112.01. Akamine teaches that the virus infection prevention paint may be applied at a thickness of 200µm or less ([0067]). Akamine teaches that the virus infection prevention paint may be applied at a thickness of 200 µm or less, more preferably 100 µm or less ([0067])
The references discussed above do not teach use of deodorizing compounds.
Wetterer et al. teaches low-odor malador counteract compounds and methods of use, see title. Wetterer teaches use of benzoic acid, zeolite and silica, see claim 5. Wetterer teaches use of propellant for as a carrier with malador controlling agent, see description.
Bicard-Benhamou et al. teaches antimicrobial composition, see title. The antimicrobial powder comprises silica, see [0006]. The antimicrobial agents include benzoic acid, sodium benzoate, [0052]. Sprays, roll-ons are taught in [0061].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized benzoic acid and antimicrobial agents (which help in deodorization) into the antimicrobial composition of Akamine et al. as modified by Willis et al. for antimicrobial effect, thereby avoiding malador motivated by the teachings of Wetterer and Bicard-Benhamou et al.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SNIGDHA MAEWALL whose telephone number is (571)272-6197. The examiner can normally be reached Monday thru Friday; 8:30 AM to 5PM.
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/SNIGDHA MAEWALL/Primary Examiner, Art Unit 1612
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