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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3 and 4 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The claims recite, “wherein a weight ratio o f water, the first monomer, the second monomer, the third monomer, the fourth monomer and the emulsifier,” the claim is indefinite because it is unclear that the emulsifier is being compared to each component in the emulsion polymerization. The examiner suggests reciting the limitations found in the present specification in paragraph [0030], where the emulsifier is compared to each component (water, first monomer, second monomer, third monomer, and fourth monomer).
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.
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 non-obviousness.
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.
Claims 1, 5, 6, 9, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over LIAO et al. (U.S. Publication No. 2018/0362773, hereinafter LIAO now U.S. Patent No. 10,913,858) in view of ZHA et al. (U.S. Publication No. 2019/0367769, hereinafter ZHA).
Regarding claims 1, 5, 6, and 10, LIAO teaches a waterborne heat-insulation coating composition composed of components (A)-(D), wherein the sum of the (A)-(D) amounts to 100% by weight, based on a total weight of the coating composition:
(A) A waterborne resin in an amount of 50-75 wt%; (B) a heat-insulation agent taking of 1-10 wt%; (D) auxiliary additives in the amount of 3-5 wt% [0006, 0010, and 0019].
The waterborne resin includes waterborne polyurethane (PU), waterborne acrylate resin, and etc. [0020]; the heat-insulation agent is a silicon dioxide dispersion made through a sol-gel method (Abstract; [0001, 0008, 0019, and 0026]; and the auxiliary additives include coalescing agent selected from high boiling solvents or plasticizers, such as glycol ether solvents, glycol ester solvents, and mixed solvents of ethylene glycol monobutyl ether and dipropylene glycol butyl ether [0030].
However, LIAO does not specifically teach wherein a minimum film-forming temperature of the water-based resin is not less than 5oC.
In the same field of endeavor of coatings, ZHA teaches waterborne polyurethane coating compositions, when applied to a substrate, the coating compositions have a good adhesion, transparency, scratch resistance, mar resistance, hardness, water resistance, and dishwashing resistance. The coating composition are suitable for application to any substrate (Abstract; [0002, 0014, and 0036-0037]), including a thermoset film [0055]. The minimum film forming temperature (MFFT) of the water dilutable polyurethane is in the range of -50oC to about 50oC ([0061]; Claim 15).
Given LIAO teaches the coating composition comprises a waterborne polyurethane [0020], it would have been obvious to a person of ordinary skill in the art to have substituted the polyurethane resin of LIAO for the polyurethane having a MFFT in the range of -50oC to about 50oC of ZHA for the benefit of obtaining a coating composition with good adhesion, transparency, scratch resistance, mar resistance, hardness, water resistance, and dishwashing resistance as taught by ZHA. It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose, see In re Kerkhoven, 626 F.2d 846,850,205 USPQ 1069, 1072 (CCPA 1980).
Regarding claim 9, LIAO teaches a waterborne heat-insulation coating composition composed of (C) inorganic powder in the amount of 11-35 wt% [0006, 0009, and 0019]. The inorganic powder is selected from titanium dioxide, aluminum oxide, zirconium dioxide, zinc oxide, and etc. [0028].
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over LIAO et al. (U.S. Publication No. 2018/0362773, hereinafter LIAO now U.S. Patent No. 10,913,858) in view of ZHA et al. (U.S. Publication No. 2019/0367769, hereinafter ZHA) in further view of LIAO et al. (U.S. Publication No. 2018/0346752, hereinafter LIAO ‘752).
Regarding claim 2, the combined disclosures of LIAO and ZHA substantially teaches the present invention, see paragraphs 8-11 above. More specifically, LIAO teaches the waterborne resin including waterborne acrylate resin [0020].
However, LIAO does not teach wherein the water-based resin is formed by a water-based resin composition through emulsion polymerization reaction, and the water-based resin composition includes water, mixed monomers, and emulsifier as claimed.
In the same field of endeavor of coatings, LIAO ‘752 teaches a waterborne acrylate emulsion composed of monomers a)-d) through emulsion polymerization, with a total weight of all the reactive monomers in the sum of 100 wt%: a) an acrylate monomer; b) alkyl methacrylate monomer; c) styrene monomer; d) a carboxyl monomer [0009-0015 and 0035-0039]. The emulsion polymerization also include emulsifier [0050-0055] and deionized water [0070 and 0072].
The waterborne coating composition has excellent water resistance and adhesion [0007 and 0024].
Given LIAO teaches the coating composition comprises a waterborne acrylate resin [0020], it would have been obvious to a person of ordinary skill in the art to have substituted the waterborne acrylate resin of LIAO for the waterborne acrylate emulsion of LIAO ‘752 for the benefit of obtaining excellent water resistance and adhesion as taught by LIAO ‘752. It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose, see In re Kerkhoven, 626 F.2d 846,850,205 USPQ 1069, 1072 (CCPA 1980).
Allowable Subject Matter
Claims 7 and 8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. LIAO et al., the closest prior art of record, fails to teach the claimed volatility characteristics (1) and (2) (claim 7) and wherein the hydrogenated silicon dioxide has anionic particles which have the claimed specific surface area.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVE V HALL whose telephone number is (571)270-7738. The examiner can normally be reached M-F, 9 am-5 pm, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached at (571) 272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DEVE V. HALL
Primary Examiner
Art Unit 1763
/DEVE V HALL/Primary Examiner, Art Unit 1763
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