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 Status
Claims 1-28 are pending. Claims 1 and 22 are amended for formality.
Response to Arguments
Applicant's arguments filed 07/28/2026 have been fully considered but they are not persuasive.
Applicants argue that the "a. a urethane resin" and "b. a water absorbent polymer" are separately recited in claim 1 as distinct components. Accordingly, Kishikawa's water-absorptive crosslinked resin, which is a single component, cannot read on both the (a) and
(b) components of claim 1. The claim requires a composition comprising both elements, not merely a single resin having multiple properties.
Applicants highlight claim 15, which further limits the water absorbent polymer species, and argue the office’s position the position that Kishikawa's composition may include an additional water-absorptive crosslinked resin. Applicants argue, “Kishikawa discloses multiple "crosslinkable components" may be used in combination to form the water-absorptive crosslinked resin, rather than multiple water-absorptive crosslinked resins. This distinction is important because even if multiple crosslinkable components were used, they do not exist as separate components in the final composition, but instead form a single "water-absorptive crosslinked resin." By the definition in Kishikawa, each of the "crosslinkable components" must be crosslinkable and "can be formed into a crosslinked resin by a reaction in the presence of the after-mentioned curing agent," i.e., the curing agent (A) which may include isocyanate group. Therefore, Kishikawa does not disclose or teach "an additional water-absorptive crosslinked resin" as the Office suggested. Instead, Kishikawa merely teaches incorporating additional monomer, oligomer, or polymer into the crosslinked network of the "water-absorptive crosslinked resin." Again, claim 1 recites "a. a urethane resin" and "b. a water absorbent polymer" as distinct components.”
The examiner thanks applicants for the clarification regarding the composition of claim 1 comprising urethane (a) and water absorbent polymer (b) as separate components prior to thermal curing of the composition. The examiner agrees with applicants interpretation that, if multiple crosslinkable components were used, they do not exist as separate components in the final composition, but instead form a single water-absorptive crosslinked resin.
However, applicants independent claims 1, 22, and 24 are directed towards a coating composition prior to curing, in light of this, the examiner respectfully disagrees with the applicants argument. Kishikawa teaches such a water-absorptive crosslinked resin is not particularly limited, but for example, the resin may be a polyvinyl alcohol resin such as a polyvinyl alcohol crosslinked polymer; an acryl resin such as a sodium polyacrylate crosslinked product or a polyacrylate crosslinked product; or a crosslinked polyurethane which is a reaction product of polyisocyanate with polyether polyol or polyester polyol [p. 0039-0040]. Kishikawa teaches the water-absorptive crosslinked resin layer is formed on the substrate surface is by applying a liquid composition containing a crosslinkable component, a curing agent, coupling agent, and a solvent on the substrate surface, followed by drying and reacting [p. 0043-0044].
Kishikawa teaches the crosslinkable component in the present invention is a monomer, an oligomer or a polymer having crosslinkable groups, and such crosslinkable components may be used alone or in combination as a mixture of two or more [p. 0045]. Kishikawa teaches the curing agents (A) may be used in combination as a mixture of two or more of them [p. 0087].
Claim(s) 1-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kishikawa et al (herein ‘Kishikawa’; US 2009/0011244 A1).
Regarding claims, 1, 5-9, 12-14, 16, and 21; Kishikawa is directed towards an anti-fogging article comprising a substrate and a water-absorptive crosslinked resin layer with a saturated water absorption of at least 45 mg/cm3 formed on the surface of the substrate, wherein the above water-absorptive crosslinked resin is a resin obtainable by reacting a crosslinkable component and curing agents (A) and (B) in the presence of a solvent [see (d) of instant claim 1] [p. 0016, 0043, 0081-0083].
Kishikawa teaches the crosslinkable component is a polyepoxide polyol, and is at least one member selected from the group consisting of glycerol polyglycidyl ether, diglycerol polyglycidyl ether, polyglycerol polyglycidyl ether and sorbitol polyglycidyl ether [reading over isocyanate reactive compound having multi-epoxide functionality of (a) in instant claim 1] [p. 0016, 0050, 0081]. Kishikawa exemplifies the thermal curing of water-absorptive crosslinked resins derived from polyglycerol polyglycidyl ether (DENACOL EX-512) and sorbitol polyglycidyl ether (DENACOL EX-614B), which applicants use to prepare the urethane resins of examples 1, 1A, and 2, and are subsequently used in the preparation of the coating compositions of examples 3-19 [p. 0238, 0252] [see instant claims 5-9].
Kishikawa teaches the curing agents to be suitably used in the present invention include: curing agent (A), a compound having at least two reactive groups capable of reacting with crosslinkable groups in a crosslinkable component (polyepoxide polyol); and curing agent (B), a compound to accelerate formation of a crosslinked resin with a three-dimensional network structure by catalyzing a crosslinking reaction of the crosslinkable component [p. 0082-0084]. Kishikawa teaches that when the crosslinkable group is a hydroxyl group or an epoxy group, a polyisocyanate curing agent (A) is preferred, and as the polyisocyanate compound, hexamethylene diisocyanate or isophorone diisocyanate is preferred. [p. 0086, 0090, 0094] [reading over the isocyanate of (a) in instant claim 1] [see instant claims 12-14]. The curing agent (B) is a material for accelerating the crosslinking reaction of a crosslinkable component, and it is possible to use a compound known usually as a polymerization catalyst, for example, a tris(dimethylaminomethyl)phenol, or a dimethylbenzylamine [reading over the curing agent of instant claim 1] [see instant claim 16] [p. 0101].
A skilled artisan would appreciate the product of the polyepoxide polyol and isocyanate curing agent (A), as taught by Kishikawa, reads over urethane resin (a) of instant claim 1. Furthermore, Kishikawa teaches the crosslinked resin is water-absorptive [p. 0016], therefor the product of the polyepoxide polyol and isocyanate curing agent (A) also reads over the water absorbent polymer (b) of instant claim 1.
Furthermore, Kishikawa teaches the anti-fogging article has excellent anti-fogging performance, and the durability such as abrasive resistance, water resistance, or humidity resistance, and it is possible to maintain the excellent anti-fogging performance over a long period under various environments, particularly even under a high-temperature and high-humidity environment [p. 0017] Kishikawa teaches the anti-fogging article may be a window glass for transportation equipment or a mirror for washstands [p. 0173][see instant claim 21].
A skilled artisan would appreciate that anti-fogging coatings for windows and mirrors are smooth and transparent. In light of this, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to prepare the coating composition of instant claim 1, wherein the coating composition is applied to a substrate and thermally cured to form a transparent and smooth coating having anti-fog properties .
Regarding claims 10 and 11; Kishikawa teaches it is preferred that the coating composition contains a coupling agent for improving the adhesion between the substrate surface and the crosslinked resin [p. 0044, 0106]. Kishikawa teaches examples of the coupling agent include 3-isocyanatepropyltrimethoxysilane [p. 0109].Kishikawa further teaches, when the coupling agent is a polyfunctional organic compound, there is no difference as a material between the coupling agent and the curing agent (A) [p. 0112]. In light of this, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to prepare the composition of Kishikawa with at least one silicone containing isocyanate satisfying the formula of instant claim 11, wherein n=3 and R1=CH3.
Regarding claim 15; Kishikawa teaches the water-absorptive crosslinked resin may be used alone or in combination as a mixture of two or more [p. 0045]. Kishikawa teaches such a water-absorptive crosslinked resin is not particularly limited, but for example, the resin may be a polyvinyl alcohol resin such as a polyvinyl alcohol crosslinked polymer; an acryl resin such as a sodium polyacrylate crosslinked product or a polyacrylate crosslinked product; or a crosslinked polyurethane which is a reaction product of polyisocyanate with polyether polyol or polyester polyol [p. 0039-0040].
In light of this, it would have been obvious to one having ordinary skill in the art to prepare the composition of Kishikawa with an additional water-absorptive crosslinked resin, such as polyvinyl alcohol resins, as Kishikawa teaches additional water-absorptive crosslinked resins may be in combination with the polyurethane prepared from the polyepoxide polyol.
Regarding claims 17, 22-24; Kishikawa teaches, in order to make the thickness of the coating film to be uniform, it is preferred to incorporate a leveling agent to the anti-fogging agent composition [p. 0166]. The leveling agent may, for example, be a silicone leveling agent, a fluorine leveling agent, or a surfactant [p. 0166]. Kishikawa teaches, from the viewpoint that it is possible to impart the hydrophilic nature to the anti-fogging agent composition, and improve the anti-fogging performance, a silicone leveling agent having an oxyalkylene chain such as an oxyethylene chain or an oxypropylene chain is preferred [p. 0167]. Kishikawa further teaches, when the amount of the water absorption in the anti-fogging article exceeds a limit amount of the crosslinked resin, there is a case where it is preferred that a water film is formed rather than the fogging state occurs, depending upon the application (e.g. a case to be used for washstands) [p. 0169]. In such a case, by adding a surfactant to an anti-fogging agent composition, it is possible to obtain the anti-fogging article in which a water film is formed when the amount of the water absorption is saturated [p. 0169]. Kishikawa teaches the surfactant may be a nonionic surfactant having a having an oxyalkylene chain such as an oxyethylene chain or an oxypropylene chain [p. 0168].
In light of this, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to prepare the coating composition of Kishikawa with a leveling agent having both hydrophobic and hydrophilic segments, such as a nonionic surfactant, in order to prepare a coating having uniform thickness having improved anti-fogging properties.
Regarding claims 2-4, 18-20, and 25-27; Kishikawa is silent with respect to the claimed effects or physical properties of instant claims 2-4, 18-20, and 25-27. However, the general teachings of Kishikawa suggest an anti-fogging coating composition comprising all of the claimed ingredients, wherein the coating composition is prepared by a substantially similar process. The original specification does not appear to identify a feature that results in the claimed effects or physical properties, outside of the presence of the claimed components.
In light of this, a skilled artisan would expect the general teachings of Kishikawa to obviously embrace embodiments capable of satisfying the claimed effects and physical properties, i.e. (fog free time, coefficient of friction, no frost formation) when tested under the same conditions.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOLLEY GRACE HESTER whose telephone number is (703)756-5435. The examiner can normally be reached Monday - Friday 9:00AM -5:00PM.
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/HOLLEY GRACE HESTER/Examiner, Art Unit 1766
/RANDY P GULAKOWSKI/Supervisory Patent Examiner, Art Unit 1766
