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
Claims 3 and 13-15 are objected to because of the following informalities:
Claim 3 reciting “wherein the abrasive layer wherein the abrasive particles” appears to have a typographical error; and
Claim 13 line 2 reciting “a) providing a backing having first and second opposed major surfaces” appears to have a typographical error and should have a comma or semi-colon at the end of the recitation.
Appropriate correction is required.
Claims 14-15 are objected to due to their dependency to claim 13.
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 4 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.
Claim 4 line 2 recites the limitation "the second binder material". There is insufficient antecedent basis for this limitation in the claim.
Examiner suggests amending the claim to either i) replace the dependency to claim 2, or ii) some other clarifying amendment so as to remove the ambiguity as set forth above.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-6, 8, 10-11, 13-18 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Houga et al. (US 2015/0027064 A1) (“Houga” hereinafter), as evidenced by National Starch and Chemical Company (Petition for Evaluation of Dextrin for Inclusion on the National List of Synthetic Substances Allowed for Use in Organic Crop Production, 2007) (“Petition” hereinafter) with respect to claims 5-6 and 17-18.
Regarding claim 1, Houga teaches a coated abrasive article (see Houga at [0016] teaching illustrated in Fig. 1 is an embodiment of a coated abrasive article 100, shown below, commonly called a “coated abrasive”), comprising:
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a backing having a major surface (see Houga at [0016] teaching the coated abrasive 100 includes a backing 101). As illustrated in Fig. 1, the backing comprises a major surface; and
an abrasive layer disposed on and secured to at least a portion of the major surface of the backing (see Houga at [0016] teaching the abrasive layer 103). As illustrated in Fig. 1, the abrasive layer is disposed on and secured to at least a portion of the major surface of the backing,
wherein the abrasive layer comprises a first binder material at least partially retaining abrasive particles (see Houga at [0016] teaching the abrasive layer 103 comprises a plurality of abrasive particles 105 that are retained by a polymer binder composition 107… the polymer binder composition 107 is commonly called a “make coat” where the abrasive particles 105 are disposed on the surface 109 of the polymer binder composition and are partially embedded in the polymer binder composition). The polymer binder is taken to meet the claimed first binder material, and
comprising a first water-soluble crosslinked polyester (see Houga at [0015] teaching abrasive article embodiments… comprise an aqueous resin composition adapted to be used as a binder of abrasive particles and are formaldehyde-free, see Houga at [0020] teaching the polymer binder composition is an aqueous thermosetting composition comprising at least one saccharide, at least one polycarboxylic organic acid and at least one crosslinking catalyst, see Houga at [0025] teaching in another embodiment, the at least one saccharide is a dextrin or a combination of dextrins… dextrins are compounds… usually obtained by partial hydrolysis of starch, see Houga at [0026] teaching the polycarboxylic organic acids are capable of reacting with hydroxyl groups of the saccharide under the effect of heat to form ester bonds that result in a polymer network being obtained in the final binder). The polymer binder composition is taken to meet the claimed “water-soluble” because it is aqueous, and the claimed “first crosslinked polyester” because of the crosslinking catalyst facilitates the formation of ester bonds that result in a polymer network.
Regarding claims 2 and 4, Houga teaches the limitations as applied to claim 1 above, and Houga further teaches wherein the abrasive layer comprises: a make layer comprising the first binder material secured to the backing, wherein the abrasive particles are partially embedded in the make layer (claim 2) (see Houga at [0016] teaching the abrasive layer 103 comprises a plurality of abrasive particles 105 that are retained by a polymer binder composition 107… the polymer binder composition 107 is commonly called a “make coat” where the abrasive particles 105 are disposed on the surface 109 of the polymer binder composition and are partially embedded in the polymer binder composition); and
a size layer comprising a second binder material overlaying and secured to the make layer and the abrasive particles (claim 2), wherein the second binder material comprises a second water-soluble crosslinked polyester (claim 4) (see Houga at [0016] teaching the coated abrasive 100 can also include a size coat 111 overlying the abrasive layer 103, see Houga at [0043] teaching the coated abrasive article can comprise a size coat overlying the abrasive layer... the size coat can be the same as… the polymer binder composition used to form the abrasive layer). The size coat is taken to meet the claimed “size layer”. The polymer binder composition is taken to meet the claimed “a second binder material” (claim 2), and “wherein the second binder material comprises a second water-soluble crosslinked polyester” (claim 4) (see claim 1 rejection). As illustrated in Fig. 1, the size coat is “overlayed and secured to the make layer and the abrasive particles” (claim 2).
Regarding claim 3, Houga teaches the limitations as applied to claim 1 above, and Houga further teaches wherein the abrasive particles are dispersed throughout the first binder material (see Houga at [0016] teaching illustrated in Fig.1… the abrasive layer 103 comprises a plurality of abrasive particles 105 that are retained by a polymer binder composition 107… the polymer binder composition 107 is commonly called a “make coat” where the abrasive particles 105 are disposed on the surface 109 of the polymer binder composition and are partially embedded in the polymer binder composition). As illustrated in Fig. 1, the abrasive particles are dispersed throughout the polymer binder (or the first binder material).
Regarding claims 5-6, Houga teaches the limitations as applied to claim 1 above, and Houga further teaches wherein the first water-soluble crosslinked polyester comprises a first condensation polymer of components (claims 5-6) (see Houga at [0020] teaching the polymer binder composition is an aqueous thermosetting composition). The polymer binder composition is taken to meet the claimed “water-soluble” because it is aqueous, and the claimed “first crosslinked polyester” (see claim 1 rejection for details), comprising
a naturally occurring polyol (claim 5), and a biodegradable polyol (claim 6) (see Houga at [0020] teaching the polymer binder composition is an aqueous thermosetting composition comprising… at least one saccharide, see Houga at [0025] teaching in another embodiment, the at least one saccharide is a dextrin or combination of dextrins, see Houga at [0026] teaching… hydroxyl groups of the saccharide). Dextrin is taken to meet the claimed “polyol” because dextrin comprises hydroxyl groups, and the claimed “naturally occurring” and “biodegradable” as evidenced by Petition (see Petition at page 4, bullet 9.c. evidencing dextrin is derived from starch, naturally occurring carbohydrate polymer… natural macromolecules contain hydrolysable linkages that are susceptible to biodegradation by the hydrolytic enzymes of microorganisms… therefore the dextrin would not be expected to persist in the environment), and
a naturally occurring polycarboxylic acid (claim 5), and a biodegradable polycarboxylic acid (claim 6), (see Houga at [0020] teaching the polymer binder composition is an aqueous thermosetting composition comprising… at least one polycarboxylic organic acid, see Houga at [0027] teaching in an embodiment, the polycarboxylic organic acid can be… tricarboxylic acids, such as… citric acid). Citric acid is taken to meet the claimed “naturally occurring polycarboxylic acid” and “biodegradable polycarboxylic acid” based on specification at page 4 lines 9-10 disclosing naturally occurring water-soluble polycarboxylic acids include… citric acid, and specification at page 14 lines 19 disclosing biodegradable polycarboxylic acid comprises citric acid.
Regarding claim 8, Houga teaches the limitations as applied to claims 1 and 6 above, and Houga further teaches wherein the biodegradable polycarboxylic acid comprises at least three carboxyl groups (see Houga at [0020] teaching the polymer binder composition is an aqueous thermosetting composition comprising… at least one polycarboxylic organic acid, see Houga at [0027] teaching in an embodiment, the polycarboxylic organic acid can be… tricarboxylic acids, such as… citric acid). Citric acid, a tricarboxylic acids is taken to meet the claimed wherein the biodegradable polycarboxylic acid comprises at least three carboxyl groups.
Regarding claim 10, Houga teaches the limitations as applied to claim 1 above, and Houga further teaches wherein the backing comprises at least one of… polymer film (see Houga at [0041] teaching a particular flexible backing includes… a polymeric film).
Regarding claim 11, Houga teaches the limitations as applied to claim 1 above, and Houga further teaches wherein the coated abrasive article comprises… a coated abrasive disc (see Houga at [0083] teaching the performances of the abrasive sheet are evaluated under the conditions of the following abrasion test: discs).
Regarding claim 13, Houga teaches a method of making a coated abrasive article (see Houga at [0018] teaching illustrated in Fig. 3, shown below, is an embodiment of a process 300 for preparing a coated abrasive article), the method comprising:
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a) providing a backing having first and second opposed major surfaces (see Houga at [0018] and Fig. 3 teaching in step 303, providing a backing, and see Houga at [0016] teaching Fig. 1 is an embodiment of a coated abrasive article 100… includes a backing 101). Fig. 1 illustrates that a backing having first and second opposed major surfaces,
b) disposing a curable precursor make layer on the first major surface of the backing, wherein the curable precursor make layer comprises a first curable water-soluble polyester (see Houga at [0018] teaching in step 305, forming a make coat occurs by disposing the polymer binder composition overlying the backing, see Houga at [0020] teaching the polymer binder composition is an aqueous thermosetting composition comprising at least one saccharide, at least one polycarboxylic organic acid and at least one crosslinking catalyst, see Houga at [0025] teaching in another embodiment, the at least one saccharide is a dextrin or a combination of dextrins… dextrins are compounds… usually obtained by partial hydrolysis of starch, see Houga at [0026] teaching the polycarboxylic organic acids are capable of reacting with hydroxyl groups of the saccharide under the effect of heat to form ester bonds that result in a polymer network being obtained in the final binder). The polymer binder composition is taken to meet the claimed “water-soluble” because it is aqueous, and the claimed “first crosslinked polyester” because of the crosslinking catalyst facilitates the formation of ester bonds that result in a polymer network;
c) embedding abrasive particles in the curable precursor make layer (see Houga at [0018] teaching applying abrasive particles to the make coat occurs in step 307); and
d) at least partially curing the curable precursor make layer to provide an at least partially cured make layer (see Houga at [0018] teaching curing of the make coat occurs in step 309… the curing in step 309 can be partial curing of the make coat).
Regarding claim 14, Houga teaches the limitations as applied to claim 13 above, and Houga teaches further comprising e) disposing a curable precursor size layer onto the at least partially cured make layer and the abrasive particles (see Houga at [0018] teaching in optimal step 311, a size coat can be disposed overlying the make coat). The size coat is taken to meet the claimed “a curable make layer”; and
f) at least partially curing the curable precursor size layer (see Houga at [0018] teaching curing of the size coat can occur in step 313… the curing in step 313 can be partial curing of the size coat).
Regarding claim 15, Houga teaches the limitations as applied to claim 13 above, and Houga further teaches wherein the curable precursor size layer comprises a second binder material comprising a second curable water-soluble polyester (see Houga at [0018] teaching in optimal step 311, a size coat can be disposed overlying the make coat, see Houga at [0043] teaching the coated abrasive article can comprise a size coat overlying the abrasive layer… the size coat can be the same as… the polymer binder composition used to form the abrasive layer, see Houga at [0020] teaching the polymer binder composition is an aqueous thermosetting composition comprising at least one saccharide, at least one polycarboxylic organic acid and at least one crosslinking catalyst, see Houga at [0025] teaching in another embodiment, the at least one saccharide is a dextrin or a combination of dextrins… dextrins are compounds… usually obtained by partial hydrolysis of starch, see Houga at [0026] teaching the polycarboxylic organic acids are capable of reacting with hydroxyl groups of the saccharide under the effect of heat to form ester bonds that result in a polymer network being obtained in the final binder). The polymer binder composition is taken to meet the claimed “second curable water-soluble polyester”, the claimed “water-soluble” because it is aqueous, and the claimed “second crosslinked polyester” because of the crosslinking catalyst facilitates the formation of ester bonds that result in a polymer network.
Regarding claim 16, Houga teaches a method of making a coated abrasive article (see Houga at [0018] teaching illustrated in Fig. 3 is an embodiment of a process 300 for preparing a coated abrasive article), the method comprising:
a) providing a backing having first and second opposed major surfaces (see Houga at [0018] and Fig. 3 teaching in step 303, providing a backing, and see Houga at [0016] teaching Fig. 1 is an embodiment of a coated abrasive article 100… includes a backing 101). Fig. 1 illustrates that the backing having first and second opposed major surfaces,
b) disposing a layer of curable precursor make layer on the first major surface of the backing, wherein the curable precursor make layer comprises abrasive particles and a first curable water-soluble polyester (see Houga at [0018] teaching in step 305, forming a make coat occurs by disposing the polymer binder composition overlying the backing… applying abrasive particles to the make coat occurs in step 307, see Houga at [0020] teaching the polymer binder composition is an aqueous thermosetting composition comprising at least one saccharide, at least one polycarboxylic organic acid and at least one crosslinking catalyst, see Houga at [0025] teaching in another embodiment, the at least one saccharide is a dextrin or a combination of dextrins… dextrins are compounds… usually obtained by partial hydrolysis of starch, see Houga at [0026] teaching the polycarboxylic organic acids are capable of reacting with hydroxyl groups of the saccharide under the effect of heat to form ester bonds that result in a polymer network being obtained in the final binder, see Houga at [0039] teaching the plurality of abrasive particles can… be dispersed in a slurry coat of the polymer binder composition). The polymer binder composition is taken to meet the claimed “water-soluble” because it is aqueous, and the claimed “first crosslinked polyester” because of the crosslinking catalyst facilitates the formation of ester bonds that result in a polymer network; and
c) at least partially curing the curable precursor slurry (see Houga at [0018] teaching curing of the make coat occurs in step 309… the curing in step 309 can be partial curing of the make coat).
Regarding claims 17-18, Houga teaches the limitations as applied to claim 1 above, and Houga further teaches wherein the first water-soluble crosslinked polyester comprises a first condensation polymer of components (claims 17-18) (see Houga at [0020] teaching the polymer binder composition is an aqueous thermosetting composition). The polymer binder composition is taken to meet the claimed “water-soluble” because it is aqueous, and the claimed “first crosslinked polyester” (see claim 16 rejection for details), comprising
a naturally occurring polyol (claim 17), and a biodegradable polyol (claim 18) (see Houga at [0020] teaching the polymer binder composition is an aqueous thermosetting composition comprising… at least one saccharide, see Houga at [0025] teaching in another embodiment, the at least one saccharide is a dextrin or combination of dextrins, see Houga at [0026] teaching… hydroxyl groups of the saccharide). Dextrin is taken to meet the claimed “polyol” because dextrin comprises hydroxyl groups, and the claimed “naturally occurring” and “biodegradable” as evidenced by Petition (see Petition at page 4, bullet 9.c. evidencing dextrin is derived from starch, naturally occurring carbohydrate polymer… natural macromolecules contain hydrolysable linkages that are susceptible to biodegradation by the hydrolytic enzymes of microorganisms… therefore the dextrin would not be expected to persist in the environment), and
a naturally occurring polycarboxylic acid (claim 17), and a biodegradable polycarboxylic acid (claim 18), (see Houga at [0020] teaching the polymer binder composition is an aqueous thermosetting composition comprising… at least one polycarboxylic organic acid, see Houga at [0027] teaching in an embodiment, the polycarboxylic organic acid can be… tricarboxylic acids, such as… citric acid). Citric acid is taken to meet the claimed “naturally occurring polycarboxylic acid” and “biodegradable polycarboxylic acid” based on specification at page 4 lines 9-10 disclosing naturally occurring water-soluble polycarboxylic acids include… citric acid, and specification at page 14 lines 19 disclosing biodegradable polycarboxylic acid comprises citric acid.
Regarding claim 22, Houga teaches the limitations as applied to claim 16 above, and Houga further teaches wherein the backing comprises at least one of… polymer film (see Houga at [0041] teaching a particular flexible backing includes… a polymeric film).
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 nonobviousness.
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 7 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Houga, as evidenced by PubChem (Dextrin, 2005) (“PubChem” hereinafter).
Regarding claims 7 and 19, Houga teaches the limitations as applied to claims 1 and 6, and claims 16 and 18, respectively above, and Houga further teaches wherein the biodegradable polyol comprises at least three hydroxyl groups (see Houga at [0020] teaching the polymer binder composition is an aqueous thermosetting composition comprising… at least one saccharide, see Houga at [0025] teaching in another embodiment, the at least one saccharide is a dextrin or combination of dextrins, see Houga at [0026] teaching… hydroxyl groups of the saccharide). Dextrin is taken to meet the claimed “polyol comprises at least three hydroxyl groups” as evidenced by PubChem (see PubChem at page 1, section 1.1 evidencing at least three hydroxyl groups) (see MPEP 2144.05(I)).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Houga as applied to claims 1 and 6 above, and further in view of Halpern et al. (A Biodegradable Thermoset Polymer Made by Esterification of Citric Acid and Glycerol, 2014) (“Halpern” hereinafter).
Regarding claim 9, Houga teaches the limitations as applied to claims 1 and 6 above, and Houga further teaches wherein the biodegradable polycarboxylic acid comprise citric acid (see Houga at [0027] teaching in an embodiment, the polycarboxylic organic acid can be… tricarboxylic acids, such as… citric acid).
Houga does not explicitly teach that the biodegradable polyol comprises glycerol.
However, as mentioned, Houga teaches that the polymer binder composition is an aqueous thermosetting composition (Houga at [0020])… the polycarboxylic organic acids are capable of reacting with hydroxyl groups… under the effect of heat to form ester bonds that result in a polymer network being obtained in the final binder (see Houga at [0026]). Houga also teaches conventional abrasive articles typically incorporate components, such as… polymer binder systems… that contain environmentally harmful chemicals or are themselves environmentally unfriendly due to a lack of biodegradability, recyclability, or re-usability (see Houga at [0006])… although various efforts have been made to replace various components of abrasive articles, there continues to be a demand for improved, cost effective, abrasive articles, processes, and systems that can promote and achieve efficient abrasion and improved surface characteristics, but that are at the same time environmentally friendly (see Houga at [0008]).
Like Houga, Halpern teaches crosslinking reaction between hydroxyl groups and polycarboxylic organic acids forming polyester (see Halpern at page 5, section 3.1, paragraph 1 teaching the reaction of an alcohol with a carboxylic acid is a well-studied reaction that forms an ester under non-catalytic or catalytic conditions, see Halpern at page 9, section 5, paragraph 1 teaching the disclosure demonstrated that the reaction between citric acid and glycerol occurs without a catalyst and that the only predicted byproduct of the reaction is water, which is removed during the reaction with heat… varying degrees of crosslinking were observed by changing various reaction conditions: time, temperature, and molar ratios… the final product was an ester crosslinked biodegradable polymer).
As such, one of ordinary skill in the art would appreciate that Halpern teaches that crosslinking reaction between glycerol and citric acid occurs without a catalyst and that the only predicted byproduct of the reaction is water, which is removed during the reaction with heat so as to form an ester crosslinked biodegradable polymer, and seek those advantages by replacing the saccharide in the polymer binder as taught by Houga because there continues to be a demand for improved, cost effective, abrasive articles, processes, and systems that can promote and achieve efficient abrasion and improved surface characteristics, but that are at the same time environmentally friendly.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to replace saccharide in the polymer binder as taught by Houga by glycerol as taught by Halpern because there continues to be a demand for improved, cost effective, abrasive articles, processes, and systems that can promote and achieve efficient abrasion and improved surface characteristics, but that are at the same time environmentally friendly, and crosslinking reaction between glycerol and citric acid occurs without a catalyst and that the only predicted byproduct of the reaction is water, which is removed during the reaction with heat so as to form an ester crosslinked biodegradable polymer.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARITES A GUINO-O UZZLE whose telephone number is (571)272-1039. The examiner can normally be reached M-F 8am-4pm EST.
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/MARITES A GUINO-O UZZLE/Examiner, Art Unit 1731
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