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 Objections
Claim 8 is objected to because of the following informalities: In order to ensure proper antecedent basis, Applicant is advised to add “article” after “absorbent” in line 2. Appropriate correction is required.
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.
Claim 2 is 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.
Regarding claim 2, which recites, “non-pressurization DW is 15 or less”, it is not clear what unit is 15 based on and what does DW stand for. The specification describes non-pressurization DW with a unit of 15 g/g, so Applicant is advised to mention the unit for non-pressurization DW. Correction is required.
Claim Rejections - 35 USC § 102
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) 1-5 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sawaki et al. (WO 2021/117786).
Note: Sawaki et al. (US 2023/0002565) is an English equivalent and is used to cite the prior art.
Regarding claims 1-2, Sawaki teaches a coated resin particle comprising a water-absorbent resin particle and a coating that coats at least a part of the surface of the water absorbent resin particle (abstract). Sawaki measured the absorption rate of the coated resin particles when immersed in physiological saline for 5 minutes (para. 0122 and Page 10, Table 1). Sawaki discloses 0.200 g of the water-absorbent resin particles or coated resin particles was precisely weighed and laid on the bottom of an acrylic cylinder with the inner diameter of 2.0 cm and the depth of 8.0 cm, and a height H0 of the layer of the water-absorbent resin particles or coated resin particles was measured at 25° C. Subsequently, 20 g of physiological saline was poured from the upper part of the acrylic cylinder. A height Hn of the layer of the water-absorbent resin particles or coated resin particles was measured after n minutes (after 1 minute and after 5 minutes) from the time when the total amount of the physiological saline was put. The water absorption rates after 1 minute and after 5 minutes were calculated from the following formula: Water absorption rate (cm)=Hn−H0.
Although, Sawaki does not explicitly disclose H1 of 1 cm or less and H10/H1 of 5 or more when a lock-up height at an n-minute value is denoted by Hn [cm], but as Sawaki discloses water absorbent particle being measured by the process of steps 1-3 as presently claimed, it therefore would be obvious that water absorbent resin particle would inherently have the claimed H1 of 1 cm or less and H10/H1 of 5 or more when a lock-up height at an n-minute value is denoted by Hn [cm] and 2-minute value of non-pressurization DW is 15 g/g or less.
Regarding claims 3-4, Sawaki discloses a water-absorbent resin particle; and a coating layer that coats at least a part of a surface of the water-absorbent resin particle, in which the coating layer contains a water-soluble component in which a solubility in 100 g of water is in a range of 1.0 g or more and 150 g or less at 25° C (abstract). Sawaki discloses the water-absorbent resin particle may contain a crosslinking polymer formed by polymerizing a monomer containing an ethylenically unsaturated monomer (para 0027). Sawaki discloses the coating layer contains a water-soluble component in which the solubility in 100 g of water is in the range of 1.0 g or more and 150 g or less at 25° C. (hereinafter, simply referred to as “water-soluble component”). By having such a coating layer, the water absorption behavior of the coated resin particle is easily controlled.
Regarding claim 5, Sawaki teaches a water absorbent reisn composition comprising the coated resin particles and other resin particles having water absorption properties and absorbent comprising the coated resin particles and/or with other resin particles (para. 0057).
Regarding claim 10, Sawaki discloses water-absorbent resin particle is not particularly limited as long as it is composed of a resin having water absorption properties. The water-absorbent resin particle may contain a crosslinking polymer formed by polymerizing a monomer containing an ethylenically unsaturated monomer. The crosslinking polymer can have a monomer unit derived from the ethylenically unsaturated monomer (para 0027) and the ratio of (meth)acrylic acid and a salt thereof may be 70 to 100 mol % with respect to the total amount of the monomers (para 0031).
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.
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Sawaki et al. (WO 2021/117786).
Note: Sawaki et al. (US 2023/0002565) is an English equivalent and is used to cite the prior art.
Regarding claim 9, Sawaki discloses the coating layer is substantially constituted of only the water-soluble component, but a component other than the water-soluble component (hereinafter, simply referred to as “another component”) may be contained on condition in which the solubility of the entire coating layer in 100 g of water is 1.0 g or more and 150 g or less at 25° C (para 0049). Sawaki discloses the water-soluble component contains a compound having a hydrophilic group and wherein the compound having a hydrophilic group is at least one selected from the group consisting of polyvinyl alcohol, polyacrylamide, polyalkylene oxide (claims 2 and 5). As the organic water-insoluble component, polyolefin is preferable, and a copolymer of an alkene and a water-soluble ethylenically unsaturated monomer is more preferable. When the copolymer of an alkene and a water-soluble ethylenically unsaturated monomer is used as the organic water-insoluble component, as the alkene, it is preferable to use at least one alkene selected from ethylene, propylene, and butene, and it is more preferable to use ethylene (para 0051). Sawaki discloses for the organic water-insoluble component, one kind may be used alone, or a plurality of kinds may be used in combination (para 0050).
With respect to the limitation of ratio of content of the component A to component B of 1-20, When faced with a mixture, one of ordinary skill in the art would be motivated by common sense to select a 1:1 ratio, a ratio that falls within the presently claimed amount, absent evidence of unexpected or surprising results. Case law holds that "[h]aving established that this knowledge was in the art, the examiner could then properly rely... on a conclusion of obviousness, 'from common knowledge and common sense of the person of ordinary skill in the art within any specific hint or suggestion in a particular reference.'" In re Bozek, 416 F.2d 1385, 1390, 163 USPQ 545, 549 (CCPA 1969).
Claim(s) 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Sawaki et al. (WO 2021/117786) as applied to claim 1, further in view of Ito et al. (US 2021/0023530).
Regarding claims 6-8, Sawaki fails to disclose the water absorbent resin particle is used in absorbent article comprising the absorber and where the absorbent is a diaper.
Whereas, Ito discloses water-absorbing resin particles (para 0001) and water-absorbing resin particles according to the present embodiment can be suitably used in the field of sanitary goods such as paper diapers, incontinence pads, and sanitary napkins (para 0065). The absorbent article according to the present embodiment comprises, for example, a liquid-permeable sheet, the absorbent, and a liquid-impermeable sheet in this order. The absorbent article can be applied to sanitary goods such as paper diapers, incontinence pads, and sanitary napkins (para 0074).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to use water absorbing resin particles of Sawaki for absorbent article such as diaper motivated by the desire for end use applications.
Conclusion
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/RONAK C PATEL/Primary Examiner, Art Unit 1788