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 § 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.
Claim(s) 1-7, 9,12-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2001131484 see claims 1-6 and paragraphs [0008]-[0025] in view of JP54101844 see abstract.)
Claim 1 is directed to a method for improving dispersibility of a crystalline resin having a hydrophilic group into neutral water, the method comprising conducting amorphization of a crystalline resin having a hydrophilic group, wherein the amorphization comprises a heat treatment of the crystalline resin having a hydrophilic group.
JP2001131484 discloses hydrophilic polymer compositions useful as releasable coating layers for printed plastic articles. JP2001131484 also discloses polymers containing hydrophilic functional groups, including carboxyl containing polymers and water dispersible polymers which are applied to substrates and processed to form coatings. See claims 1-6 and paragraphs [0008]-[0025].
JP2001131484 does not disclose the step wherein a crystalline hydrophilic resin has heat treatment prior to dispersion into neutral water, nor the use using heat treatment to improve dispersibility.
However, note that JP54101844 discloses improving the preparation of homogeneous aqueous dispersions of hydrophilic polymers through a controlled heating and surfactant process. JP54101844 discloses preparing stable aqueous dispersions of saponified ethylene vinyl acetate copolymers by dissolving the polymer in a water and alcohol mixture containing a surface agent by heating and then agitation and the removal of the alcohol to produce a homogenous aqueous dispersion. See abstract. The reference further shows heating in the presence of water, C1-C5 alcohols and a surfactant followed by a forced high speed stirring with a high speed mixer or homogenizer while removing the alcohol under reduced pressure to obtain a homogenous emulsion dispersion. The reference further teaches that the preferred dissolution temperatures are about 60-90C as well as the use of known anionic or nonionic surfactants. See claims 1-3 and examples 1-3. Lastly the reference demonstrates that heating, surfactant dissolution, forced high speed mixing and solvent removal are used to produce fine homogenous aqueous dispersions for coating applications.
Thus, in view of the above teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to employ the heat dispersion step of JP54101844 in the hydrophilic polymer process of JP2001131484 since both references are directed to improving aqueous processing and dispersion of hydrophilic polymer compositions for coating. A person of ordinary skill in the art would have reasonably expected that applying a known heat dispersion process to another known hydrophilic polymer process would improve aqueous dispersibility using the predictable processing parameters.
Claim 2 is directed to the method according to claim 1, wherein the crystalline resin having a hydrophilic group has a melting point of 704C or more and 200*C or less.
In view of the above discussion, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to select a crystalline resin having a hydrophilic group and a melting point of 70oC or more and 200*C or less since JP2001131484A discloses hydrophilic polymer compositions suitable for releasable coating layers. See claims 1-6, and paragraphs [0008]-[0025]. Note also that JP 54101844A discloses heating the polymers during aqueous dispersion at temperatures sufficient to dissolve the polymer and form a homogeneous aqueous dispersion, preferably at about 60-90oC.See abstract, claims 1-3 and Examples 1-3. The claimed melting point would have been selected by routine optimization.
Claim 3 is directed to the method according to claim 1, wherein the crystalline resin having a hydrophilic group has a glass transition temperature of -10*C or more and 1804C or less. In view of the above discussion and the disclosure of the prior art, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to employ a crystalline resin having a hydrophilic group has a glass transition temperature of -10*C or more and 1804C or less.
Although neither of the references disclosed the claimed glass transition temperature range, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to employ particular amounts and/or parameters as known in the art, since the parameter is an inherent physical property and it is well-established that merely selecting proportions and ranges is not patentable absent a showing of criticality. In re Becket, 33 U.S.P.Q. 33 (C.C.P.A. 1937). In re Russell, 439 F.2d 1228, 169 U.S.P.Q. 426 (C.C.P.A. 1971).
Claim 4 is directed to the method according to claim 1, wherein the crystalline resin having a hydrophilic group has a content of the hydrophilic group of 0.4 mmol/g or more and 3.0 mmol/g or less. In view of the above discussion, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to employ a hydrophilic group of 0.4 mmol/g or more and 3.0 mmol/g or less because JP54101844A teaches carboxyl hydrophilic polymers in claims 1-5 and paragraphs [0012]-[0018] and JP54101844 discloses aqueous dispersion of hydrophilic polymers.
Claim 5 is directed to the method according to claim, wherein the crystalline resin having a hydrophilic group is a crystalline water-soluble resin that comprises a monomer unit A having a hydrophilic group and a monomer unit B not having the hydrophilic group.
In view of the above discussion, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to employ a crystalline water-soluble resin as claimed since JP2001131484A teaches hydrophilic polymers containing hydrophilic functional groups including carboxy monomer unites for water dispersible coating compositions. See claims 1-6 and paragraphs[00121]-[[0018] and JP54101844 disclose saponified ethylene vinyl acetate copolymers comprising hydrophilic vinyl alcohol moieties and hydrophobic ethylene moieties for forming homogeneous aqueous dispersions. See claims 1-3 and examples 1-3. generally, it is prima facie obvious to select a known material for incorporation into a composition, based on its recognized suitability for its intended purpose. See Sinclair & Carroll Co. v. Interchemical Corp., 325 US 327, 65 USPQ 297 (1945). (Selection of solvent having boiling point and vapor pressure properties recognized as being ideal for printing inks into printing ink compositions found obvious on its face). See also In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). (Selection of a known plastic to make a plastic container found obvious on its face).
Claim 6 is directed to the method according to claim 5, wherein a molar ratio of the monomer unit A to the monomer unit B (the monomer unit A/the monomer unit B) in the crystalline resin having a hydrophilic group is 10/90 or more and 70/30 or less. In view of the above discussion and the disclosure of the prior art, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to select monomer ratios within the claimed range since JP54101844A discloses ethylene content of about 20-50mol% with saponification degrees of at least about 80mol%. See claims 1-3, Examples 1-3. Note that optimization of these parameters would have been routine within the ordinary skill in the art.
Claim 7 is directed to the method according to claim 1, wherein the crystalline resin having a hydrophilic group has a weight average molecular weight of 1000 or more and 80000 or less. In view of the above discussion and the disclosure of the prior art, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to select a molecular weight for forming an aqueous dispersion and coating composition since JP2001131484A teaches hydrophilic coating polymers for aqueous coating applications. See claims 1-6, paragraphs [0008]-[25] and JP54101844A also discloses preparing homogenous aqueous dispersion of hydrophilic polymers y heat dissolution and dispersion processing. See abstract, and claims 1-3. Although the references do not disclose the claimed weight average molecular weight range, the molecular weight is recognized in the art to affect the polymer properties of viscosity, solubility, dispersity and coating and selecting a molecular weight for the aqueous dispersion through routine optimization would have been within the ordinary level of the skill in the art.
Claim 9 is directed to the method according to claim 1 wherein heat treatment of the crystalline resin having a hydrophilic group is conducted under a non-shear condition. In view of the above discussion and the disclosure of the prior art, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to conduct the heat treatment under a non-shear condition since JP54101844A discloses heating and dissolving the hydrophilic polymer in the presence of a water and alcohol medium and a surface active agent followed by a separate high speed stirring step to emulsify and disperse the polymer. The reference introduces the heating step and mixing step as distinct and introduces the high speed agitation only after the heating and dissolution stage, one of ordinary skill in the art would have understood that the heating step may be carried out in the absence of high shear until mixing becomes necessary for emulsification.
Claim 12 is directed to the method according to claim 1, wherein the hydrophilic group in the crystalline comprises an anionic group. In view of the above discussion and the disclosure of the prior art, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to disperse the hydrophilic polymer in neutral water, since JP54101844A teaches preparation of aqueous dispersion in water containing media to form homogeneous aqueous dispersions. Abstract, claims 1-3 and Examples 1-3. JP2001131484 discloses hydrophilic polymer compositions suitable for aqueous coating systems. See claims 1-6, paragraphs [0008]-[0025]. JP54101844A discloses heating, surfactant assisted dissolution, homogenization, and solvent removal to produce fine, homogeneous aqueous dispersions suitable for coating applications See abstract, claims 1-3.
Claim 13 is directed to the method according to claim 1, wherein the crystalline resin having a hydrophilic group is a water-soluble polyester resin. In view of the above discussion and the disclosure of the prior art, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to prepare an aqueous dispersion having an average particle diameter within the recited range, since JP54101844A discloses heating, surfactant dissolution, homogenization and solvent removal to produce fine, homogeneous aqueous dispersions suitable for coating applications. See abstract, claims 1-3. JP2001131484 see claim 1-6, paragraphs [0008]-[0025]. Although neither reference expressly discloses the claimed particle size range, the selection is routine optimization would have been within the ordinary level of skill in the art.
Claim 14 is directed to the method according to claim 1, wherein the crystalline resin having a hydrophilic group is a used resin. In view of the above discussion and the disclosure of the prior art, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to prepare the process as claimed since, selection of an appropriate solids concentration through routine optimization would have been within the ordinary level of skill in the art.
Claim 17 is directed to a method for removing a coating, comprising the method according to claim 1. In view of the above discussion and the disclosure of the prior art, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to apply the aqueous dispersion step of JP 54101844 to the coating compositions of JP2001131484A to obtain a hydrophilic coating composition suitable for subsequent removal from a substrate during recycling since both references are directed to aqueous processing of hydrophilic polymer coating systems and would have represented the predictable use of known steps to improve coating preparation and recyclability.
Claim 19 is directed to a method for improving dispersibility of a crystalline resin having a hydrophilic group into neutral water, the method comprising conducting amorphization of a crystalline resin having a hydrophilic group, wherein the crystalline resin having a hydrophilic group has a content of the hydrophilic group of 0.4 mmol/g or more and 3.0mmol/g or less.
As discussed above with respect to claim 1, JP2001131484 discloses teaches hydrophilic polymer compositions useful as releasable coating layers for printed plastic articles. JP2001131484 reference discloses polymers containing hydrophilic functional groups, including carboxyl containing polymers and water dispersible polymers which are applied to substrates and processed to form coatings. see claims 1-6 and paragraphs [0008]-[0025].
JP54101844 discloses improving the preparation of homogeneous aqueous dispersions of hydrophilic polymers through a controlled heating and surfactant process. JP54101844 teaches preparing stable aqueous dispersions of saponified ethylene vinyl acetate copolymers by dissolving the polymer in a water/alcohol medium containing a surface agent while heating and then agitation and the removal of the alcohol to produce a homogenous aqueous dispersion. See abstract.
Although neither reference discloses the claimed hydrophilic group content of hydrophilic group of 0.4 mmol/g or more and 3.0mmol/g or less, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to select an appropriate concentration of hydrophilic functional groups sufficient to obtain the desired amount of aqueous dispersibility and coating performance because optimization is routine experimentation.
Claim 20 is directed to a method for improving dispersibility of a crystalline resin having a hydrophilic group into neutral water, the method comprising conducting amorphization of a crystalline resin having a hydrophilic group, wherein the crystalline resin having a hydrophilic group has a melting point of 70*Cor more and 200*Cor less, wherein the crystalline resin having a hydrophilic group has a glass transition temperature of -10*C or more and 100*C or less, wherein the crystalline resin having a hydrophilic group has a content of the hydrophilic group of 0.4 mmol/g or more and 3.0 mmol/g or less, wherein the crystalline resin having a hydrophilic group is a crystalline water-soluble resin that includes a monomer unit A having a hydrophilic group and a monomer unit B not having the hydrophilic group, wherein a molar ratio of the monomer unit A to the monomer unit B (the monomer unit A/the monomer unit B) in the crystalline resin having a hydrophilic group is 10/90 or more and 70/30 or less, wherein the crystalline resin having a hydrophilic group has a weight average molecular weight of 1000 or more and 80000 or less, wherein the amorphization comprises a heat treatment of the crystalline resin having a hydrophilic group, wherein the heat treatment of the crystalline resin having a hydrophilic group is conducted under a non-shear condition, wherein the heat treatment of the crystalline resin having a hydrophilic group is conducted at a temperature of Tm + 10*C or more and Tm + 70*C or less, Tm representing the melting point of the crystalline resin having a hydrophilic group, wherein the hydrophilic group is sulfonate group, and wherein the crystalline resin having a hydrophilic group is a water-soluble polyester resin.
In view of the above discussion and the disclosure of the prior art, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to employ the combined polymer characteristics and processing conditions recited in claim 20 as routine optimizations of recognized variables in order to obtain improved aqueous dispersity of hydrophilic polymer compositions. In conclusion, in view of the above, there appears to be no significant difference between the reference(s) and that which is claimed by applicant(s). Any differences not specifically mentioned appear to be conventional. Consequently, the claimed invention cannot be deemed as unobvious and accordingly is unpatentable.
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 10-11 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.
Claim Objections
Claims 15, 16, 18 are objected to as being dependent upon a rejected base claim, but may be allowable if:
1) after a further search,
2) rewritten in independent form including all of the limitations of the base claim
and any intervening claims and
3) having corrected all 112 issues as set forth above.
Information Disclosure Statement
Note that any future and/or present information disclosure statements must comply with 37 CFR § 1.98(b), which requires a list of the publications to include: the author (if any), title, relevant pages of the publication, date and place of publication to be submitted for consideration by the Office.
Improper Claim Dependency
Prior to allowance, any dependent claims should be rechecked for proper dependency if independent claims are cancelled.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRESSA M BOYKIN whose telephone number is (571)272-1069. The examiner can normally be reached M-F 7-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Kelley can be reached at 571 270-1831. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Terressa Boykin/Primary Examiner, Art Unit 1765
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