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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 7/28/26 is acknowledged.
Claims 1-14 are pending. Claim 14 is withdrawn.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 4-6, 7, 9, 11-13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 17 of copending Application No. 18/566,081 in view of Katada et al (JP2016124901).
Regarding claims 1, 4-6, 7, 9, 11-13, US Application No. 18/566,081 claims a method for preparing a super absorbent polymer comprising polymerizing water soluble ethylenically unsaturated monomers having acid groups with an internal crosslinking agent and a polymerization initiator to form a polymer having an acid group, micronizing a mixture of the polymer having acid groups and a surfactant to prepare hydrated super absorbent polymer particles, drying the hydrated super absorbent polymer particles to prepare super absorbent polymer particles, wherein the micronizing comprises discharges the mixture through a perforated plate equipped with a plurality of holes, and forming a surface crosslink layer (Claims 1, 17). However, US Patent Application No. 18/566,081 fails to specifically disclose drying the mixture from 100-250C by moving to form a base resin powder to a moisture content of 10-30wt% for 5 minutes to 3 hours, neutralizing before and after polymerization and thermal crosslinking from 80-120C for 30-120 minutes.
In the same field of endeavor, Katada et al teaches a method of producing polyacrylic acid salt superabsorbent resins (Paragraph 1) comprising preparing a monomer aqueous solution comprising acrylic acid salt (Paragraph 30) that can be neutralized before polymerization or after polymer polymerization (Paragraph 37) and initiator and crosslinking agent (Paragraph 48) and polymerizing to form a water containing gel crosslinked polymer (Paragraph 57). Katada et al further teaches post processing steps including (2-3-1) gel pulverization/grinding (Paragraphs 78, 84-85) wherein additives such as surfactants are added with the aim of improving productivity in the drying process (Paragraph 86). Katada et al further teaches further processing steps including (2-3-2) drying process from 100-300C in order to form a dried polymer with 80% or more solids for 5 minutes to 3 hours (Paragraphs 92-94). Katada et al further teaches hot air drying on a ventilated belt (which satisfies claimed moving type drying) (Paragraph 93). Katada et al further teaches further processing steps including (2-3-4) surface crosslinking step with a crosslinking agent (Paragraphs 105, 109) at a temperature of 50-300C (Paragraph 115). Katada et al further teaches thermal crosslinking for 40 minutes (Paragraph 171).
With regard to drying the mixture from 100-250C by moving to form a base resin powder to a moisture content of 10-30wt%, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided drying the mixture from 100-250C by moving to form a base resin powder to a moisture content of 10-30wt% for 5 minutes to 3 hours in US Application No. 18/566,081 in view of Katada et al in order to dry the hydrogel polymer and form the resin particles.
With regard to neutralizing before and after polymerization, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided neutralizing before and after polymerization in US Application No. 18/566,081 in view of Katada et al as Katada et al teaches neutralizing before or after polymerizing/crosslinking both function to neutralize the monomer. Furthermore, changing the order of steps does not render a claimed process non-obvious over the prior art, see Ex parte Rubin, 128 USPQ 440,441,442 (POBA 1959).
With regard to thermal crosslinking from 80-120C for 30-120 minutes, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided thermal crosslinking from 80-120C for 30-120 minutes in US Application No. 18/566,081 in view of Katada et al in order to form and crosslink the superabsorbent resin particles.
This is a provisional nonstatutory double patenting rejection.
Claims 1, 4-5, 9, 11-13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 16 of copending Application No. 18/566,083 in view of Katada et al (JP2016124901).
Regarding claims 1, 4-5, 9, 11-13, US Application No. 18/566,083 claims a method for preparing a super absorbent polymer comprising polymerizing water soluble ethylenically unsaturated monomers having acid groups with an internal crosslinking agent and a polymerization initiator to form a polymer having an acid group, neutralizing at least part of the acidic groups to form the polymer, micronizing a mixture of the polymer having acid groups and a surfactant to prepare hydrated super absorbent polymer particles, drying the hydrated super absorbent polymer particles to prepare super absorbent polymer particles, wherein the micronizing comprises discharges the mixture through a perforated plate equipped with a plurality of holes, and forming a surface crosslink layer (Claims 1, 16). However, US Patent Application No. 18/566,083 fails to specifically disclose drying the mixture from 100-250C by moving to form a base resin powder to a moisture content of 10-30wt% for 5 minutes to 3 hours, neutralizing before and after polymerization and thermal crosslinking from 80-120C for 30-120 minutes.
In the same field of endeavor, Katada et al teaches a method of producing polyacrylic acid salt superabsorbent resins (Paragraph 1) comprising preparing a monomer aqueous solution comprising acrylic acid salt (Paragraph 30) that can be neutralized before polymerization or after polymer polymerization (Paragraph 37) and initiator and crosslinking agent (Paragraph 48) and polymerizing to form a water containing gel crosslinked polymer (Paragraph 57). Katada et al further teaches post processing steps including (2-3-1) gel pulverization/grinding (Paragraphs 78, 84-85) wherein additives such as surfactants are added with the aim of improving productivity in the drying process (Paragraph 86). Katada et al further teaches further processing steps including (2-3-2) drying process from 100-300C in order to form a dried polymer with 80% or more solids for 5 minutes to 3 hours (Paragraphs 92-94). Katada et al further teaches hot air drying on a ventilated belt (which satisfies claimed moving type drying) (Paragraph 93). Katada et al further teaches further processing steps including (2-3-4) surface crosslinking step with a crosslinking agent (Paragraphs 105, 109) at a temperature of 50-300C (Paragraph 115). Katada et al further teaches thermal crosslinking for 40 minutes (Paragraph 171).
With regard to drying the mixture from 100-250C by moving to form a base resin powder to a moisture content of 10-30wt%, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided drying the mixture from 100-250C by moving to form a base resin powder to a moisture content of 10-30wt% for 5 minutes to 3 hours in US Application No. 18/566,083 in view of Katada et al in order to dry the hydrogel polymer and form the resin particles.
With regard to neutralizing before and after polymerization, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided neutralizing before and after polymerization in US Application No. 18/566,083 in view of Katada et al as Katada et al teaches neutralizing before or after polymerizing/crosslinking both function to neutralize the monomer. Furthermore, changing the order of steps does not render a claimed process non-obvious over the prior art, see Ex parte Rubin, 128 USPQ 440,441,442 (POBA 1959).
With regard to thermal crosslinking from 80-120C for 30-120 minutes, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided thermal crosslinking from 80-120C for 30-120 minutes in US Application No. 18/566,083 in view of Katada et al in order to form and crosslink the superabsorbent resin particles.
This is a provisional nonstatutory double patenting rejection.
Claims 1, 4-5, 9, 11-13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 17 of copending Application No. 18/566,082 in view of Katada et al (JP2016124901).
Regarding claims 1, 4-5, 9, 11-13, US Application No. 18/566,082 claims a method for preparing a super absorbent polymer comprising polymerizing water soluble ethylenically unsaturated monomers having acid groups with an internal crosslinking agent and a polymerization initiator to form a polymer having an acid group, neutralizing at least part of the acidic groups to form the polymer, micronizing a mixture of the polymer having acid groups and a surfactant to prepare hydrated super absorbent polymer particles, drying the hydrated super absorbent polymer particles to prepare super absorbent polymer particles, wherein the micronizing comprises discharges the mixture through a perforated plate equipped with a plurality of holes, and forming a surface crosslink layer (Claims 1, 17). However, US Patent Application No. 18/566,082 fails to specifically disclose drying the mixture from 100-250C by moving to form a base resin powder to a moisture content of 10-30wt% for 5 minutes to 3 hours, neutralizing before and after polymerization and thermal crosslinking from 80-120C for 30-120 minutes.
In the same field of endeavor, Katada et al teaches a method of producing polyacrylic acid salt superabsorbent resins (Paragraph 1) comprising preparing a monomer aqueous solution comprising acrylic acid salt (Paragraph 30) that can be neutralized before polymerization or after polymer polymerization (Paragraph 37) and initiator and crosslinking agent (Paragraph 48) and polymerizing to form a water containing gel crosslinked polymer (Paragraph 57). Katada et al further teaches post processing steps including (2-3-1) gel pulverization/grinding (Paragraphs 78, 84-85) wherein additives such as surfactants are added with the aim of improving productivity in the drying process (Paragraph 86). Katada et al further teaches further processing steps including (2-3-2) drying process from 100-300C in order to form a dried polymer with 80% or more solids for 5 minutes to 3 hours (Paragraphs 92-94). Katada et al further teaches hot air drying on a ventilated belt (which satisfies claimed moving type drying) (Paragraph 93). Katada et al further teaches further processing steps including (2-3-4) surface crosslinking step with a crosslinking agent (Paragraphs 105, 109) at a temperature of 50-300C (Paragraph 115). Katada et al further teaches thermal crosslinking for 40 minutes (Paragraph 171).
With regard to drying the mixture from 100-250C by moving to form a base resin powder to a moisture content of 10-30wt%, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided drying the mixture from 100-250C by moving to form a base resin powder to a moisture content of 10-30wt% for 5 minutes to 3 hours in US Application No. 18/566,082 in view of Katada et al in order to dry the hydrogel polymer and form the resin particles.
With regard to neutralizing before and after polymerization, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided neutralizing before and after polymerization in US Application No. 18/566,082 in view of Katada et al as Katada et al teaches neutralizing before or after polymerizing/crosslinking both function to neutralize the monomer. Furthermore, changing the order of steps does not render a claimed process non-obvious over the prior art, see Ex parte Rubin, 128 USPQ 440,441,442 (POBA 1959).
With regard to thermal crosslinking from 80-120C for 30-120 minutes, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided thermal crosslinking from 80-120C for 30-120 minutes in US Application No. 18/566,082 in view of Katada et al in order to form and crosslink the superabsorbent resin particles.
This is a provisional nonstatutory double patenting rejection.
Claims 1, 4-6, 9, 11-13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of copending Application No. 18/269,546 in view of Katada et al (JP2016124901).
Regarding claims 1, 4-6, 9, 11-13, US Application No. 18/269,546 claims a method for preparing a super absorbent polymer comprising polymerizing water soluble ethylenically unsaturated monomers having acid groups with an internal crosslinking agent and a polymerization initiator to form a polymer having an acid group, neutralizing at least part of the acidic groups to form the polymer, micronizing a mixture of the polymer having acid groups and a surfactant to prepare hydrated super absorbent polymer particles, drying the hydrated super absorbent polymer particles to prepare super absorbent polymer particles and forming a surface crosslink layer (Claims 1, 13). However, US Patent Application No. 18/269,546 fails to specifically disclose drying the mixture from 100-250C by moving to form a base resin powder to a moisture content of 10-30wt% for 5 minutes to 3 hours, neutralizing before and after polymerization and thermal crosslinking from 80-120C for 30-120 minutes.
In the same field of endeavor, Katada et al teaches a method of producing polyacrylic acid salt superabsorbent resins (Paragraph 1) comprising preparing a monomer aqueous solution comprising acrylic acid salt (Paragraph 30) that can be neutralized before polymerization or after polymer polymerization (Paragraph 37) and initiator and crosslinking agent (Paragraph 48) and polymerizing to form a water containing gel crosslinked polymer (Paragraph 57). Katada et al further teaches post processing steps including (2-3-1) gel pulverization/grinding (Paragraphs 78, 84-85) wherein additives such as surfactants are added with the aim of improving productivity in the drying process (Paragraph 86). Katada et al further teaches further processing steps including (2-3-2) drying process from 100-300C in order to form a dried polymer with 80% or more solids for 5 minutes to 3 hours (Paragraphs 92-94). Katada et al further teaches hot air drying on a ventilated belt (which satisfies claimed moving type drying) (Paragraph 93). Katada et al further teaches further processing steps including (2-3-4) surface crosslinking step with a crosslinking agent (Paragraphs 105, 109) at a temperature of 50-300C (Paragraph 115). Katada et al further teaches thermal crosslinking for 40 minutes (Paragraph 171).
With regard to drying the mixture from 100-250C by moving to form a base resin powder to a moisture content of 10-30wt%, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided drying the mixture from 100-250C by moving to form a base resin powder to a moisture content of 10-30wt% for 5 minutes to 3 hours in US Application No. 18/269,546 in view of Katada et al in order to dry the hydrogel polymer and form the resin particles.
With regard to neutralizing before and after polymerization, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided neutralizing before and after polymerization in US Application No. 18/269,546 in view of Katada et al as Katada et al teaches neutralizing before or after polymerizing/crosslinking both function to neutralize the monomer. Furthermore, changing the order of steps does not render a claimed process non-obvious over the prior art, see Ex parte Rubin, 128 USPQ 440,441,442 (POBA 1959).
With regard to thermal crosslinking from 80-120C for 30-120 minutes, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided thermal crosslinking from 80-120C for 30-120 minutes in US Application No. 18/269,546 in view of Katada et al in order to form and crosslink the superabsorbent resin particles.
This is a provisional nonstatutory double patenting rejection.
Claims 1, 4-6, 9, 10-13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 18 of copending Application 19/292,312 in view of Katada et al (JP2016124901).
Regarding claims 1, 4-6, 9, 10-13, US Application No. 19/292,312 claims a method for forming a monomer composition comprising polymerization of an acrylic acid based monomer having an acidic group in the presence of an internal crosslinking agent, initiator, micronizing the hydrogel polymer in the presence of a surfactant, drying the micronized hydrogel to form a base resin, and forming a surface crosslink layer; the surfactant having the same formula as the instant claims (Claim 18). However, US Patent Application No. 19/292,312 fails to specifically disclose drying the mixture from 100-250C by moving to form a base resin powder to a moisture content of 10-30wt% for 5 minutes to 3 hours, neutralizing before and after polymerization and thermal crosslinking from 80-120C for 30-120 minutes.
In the same field of endeavor, Katada et al teaches a method of producing polyacrylic acid salt superabsorbent resins (Paragraph 1) comprising preparing a monomer aqueous solution comprising acrylic acid salt (Paragraph 30) that can be neutralized before polymerization or after polymer polymerization (Paragraph 37) and initiator and crosslinking agent (Paragraph 48) and polymerizing to form a water containing gel crosslinked polymer (Paragraph 57). Katada et al further teaches post processing steps including (2-3-1) gel pulverization/grinding (Paragraphs 78, 84-85) wherein additives such as surfactants are added with the aim of improving productivity in the drying process (Paragraph 86). Katada et al further teaches further processing steps including (2-3-2) drying process from 100-300C in order to form a dried polymer with 80% or more solids for 5 minutes to 3 hours (Paragraphs 92-94). Katada et al further teaches hot air drying on a ventilated belt (which satisfies claimed moving type drying) (Paragraph 93). Katada et al further teaches further processing steps including (2-3-4) surface crosslinking step with a crosslinking agent (Paragraphs 105, 109) at a temperature of 50-300C (Paragraph 115). Katada et al further teaches thermal crosslinking for 40 minutes (Paragraph 171).
With regard to drying the mixture from 100-250C by moving to form a base resin powder to a moisture content of 10-30wt%, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided drying the mixture from 100-250C by moving to form a base resin powder to a moisture content of 10-30wt% for 5 minutes to 3 hours in US Application No. 19/292,312 in view of Katada et al in order to dry the hydrogel polymer and form the resin particles.
With regard to neutralizing before and after polymerization, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided neutralizing before and after polymerization in US Application No. 19/292,312 in view of Katada et al as Katada et al teaches neutralizing before or after polymerizing/crosslinking both function to neutralize the monomer. Furthermore, changing the order of steps does not render a claimed process non-obvious over the prior art, see Ex parte Rubin, 128 USPQ 440,441,442 (POBA 1959).
With regard to thermal crosslinking from 80-120C for 30-120 minutes, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided thermal crosslinking from 80-120C for 30-120 minutes in US Application No. 19/292,312 in view of Katada et al in order to form and crosslink the superabsorbent resin particles.
This is a provisional nonstatutory double patenting rejection.
Claims 1, 4-6, 9, 11-13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of copending Application No. 18/842,199 in view of Katada et al (JP2016124901).
Regarding claims 1, 4-6, 9, 11-13, US Application No. 18/842,199 claims a method for forming a hydrogel polymer by crosslinking polymerization of an acrylic acid based monomer having an acidic group in the presence of an internal crosslinking agent, initiator, micronizing the hydrogel polymer in the presence of a surfactant, drying the micronized hydrogel to form a base resin, and forming a surface crosslink layer; the surfactant having the same formula as the instant claims (Claims 1, 4). However, US Patent Application No. 18/842,199 fails to specifically disclose drying the mixture from 100-250C by moving to form a base resin powder to a moisture content of 10-30wt% for 5 minutes to 3 hours, neutralizing before and after polymerization and thermal crosslinking from 80-120C for 30-120 minutes.
In the same field of endeavor, Katada et al teaches a method of producing polyacrylic acid salt superabsorbent resins (Paragraph 1) comprising preparing a monomer aqueous solution comprising acrylic acid salt (Paragraph 30) that can be neutralized before polymerization or after polymer polymerization (Paragraph 37) and initiator and crosslinking agent (Paragraph 48) and polymerizing to form a water containing gel crosslinked polymer (Paragraph 57). Katada et al further teaches post processing steps including (2-3-1) gel pulverization/grinding (Paragraphs 78, 84-85) wherein additives such as surfactants are added with the aim of improving productivity in the drying process (Paragraph 86). Katada et al further teaches further processing steps including (2-3-2) drying process from 100-300C in order to form a dried polymer with 80% or more solids for 5 minutes to 3 hours (Paragraphs 92-94). Katada et al further teaches hot air drying on a ventilated belt (which satisfies claimed moving type drying) (Paragraph 93). Katada et al further teaches further processing steps including (2-3-4) surface crosslinking step with a crosslinking agent (Paragraphs 105, 109) at a temperature of 50-300C (Paragraph 115). Katada et al further teaches thermal crosslinking for 40 minutes (Paragraph 171).
With regard to drying the mixture from 100-250C by moving to form a base resin powder to a moisture content of 10-30wt%, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided drying the mixture from 100-250C by moving to form a base resin powder to a moisture content of 10-30wt% for 5 minutes to 3 hours in US Application No. 18/842,199 in view of Katada et al in order to dry the hydrogel polymer and form the resin particles.
With regard to neutralizing before and after polymerization, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided neutralizing before and after polymerization in US Application No. 18/842,199 in view of Katada et al as Katada et al teaches neutralizing before or after polymerizing/crosslinking both function to neutralize the monomer. Furthermore, changing the order of steps does not render a claimed process non-obvious over the prior art, see Ex parte Rubin, 128 USPQ 440,441,442 (POBA 1959).
With regard to thermal crosslinking from 80-120C for 30-120 minutes, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided thermal crosslinking from 80-120C for 30-120 minutes in US Application No. 18/842,199 in view of Katada et al in order to form and crosslink the superabsorbent resin particles.
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 1, 3-4, 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Matsumoto et al (US Patent Application 2010/0249320 (already of record)).
Regarding claims 1, 3-4, 11-13, Matsumoto et al discloses the invention substantially as claimed. Matsumoto et al further teaches performing polymerization with monomers, crosslinking agents and polymerization initiators to form hydrogel, monomers including water soluble ethylenically unsaturated monomers, preferably granulated the hydrogel polymer before drying and after polymerization (Paragraphs 104, 113, 119, 123), drying from 80-200C to provide a dried material having 10-20wt% moisture (Paragraph 137, 146-149) and surface crosslinking from 70-300C for 1-120 minutes (which overlaps the instantly claimed range) (Paragraphs 155-156, 161). Matsumoto et al further teaches the drying time in step 3 is 1 minute-1 hour (which overlaps the instantly claimed range) (Paragraph 126). Matsumoto et al further teaches heating in step 3 with a drying with the use of a heat transfer tube with steam (Paragraph 148). Matsumoto et al teaches shaking bed dryer, rotary dryer (Paragraph 239). Matsumoto et al teaches adding a surfactant after polymerization including before pulverization (Paragraph 173). Matsumoto et al further teaches a final moisture content of 0-3wt% (Paragraph 241). However, Matsumoto et al fails to specifically disclose a preferred embodiment of pulverizing in the presence of the surfactant.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided pulverizing in the presence of the surfactant in Matsumoto et al as Matsumoto et al teaches the addition of a surfactant during or after polymerization and also before pulverization (Paragraph 173).
Claims 1, 4-6, 9, 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Katada et al (JP2016124901).
Regarding claims 1, 4-6, 9, 11-13, Katada et al teaches a method of producing polyacrylic acid salt superabsorbent resins (Paragraph 1) comprising preparing a monomer aqueous solution comprising acrylic acid salt (Paragraph 30) that can be neutralized before polymerization or after polymer polymerization (Paragraph 37) and initiator and crosslinking agent (Paragraph 48) and polymerizing to form a water containing gel crosslinked polymer (Paragraph 57). Katada et al further teaches post processing steps including (2-3-1) gel pulverization/grinding (Paragraphs 78, 84-85) wherein additives such as surfactants are added with the aim of improving productivity in the drying process (Paragraph 86). Katada et al further teaches further processing steps including (2-3-2) drying process from 100-300C in order to form a dried polymer with 80% or more solids for 5 minutes to 3 hours (Paragraphs 92-94). Katada et al further teaches hot air drying on a ventilated belt (which satisfies claimed moving type drying) (Paragraph 93). Katada et al further teaches further processing steps including (2-3-4) surface crosslinking step with a crosslinking agent (Paragraphs 105, 109) at a temperature of 50-300C (Paragraph 115). Katada et al further teaches thermal crosslinking for 40 minutes (Paragraph 171). However, Katada et al fails to specifically disclose drying the mixture from 100-250C to form a resin powder with 10-30wt% moisture and the final moisture content.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided drying the mixture from 100-250C to form a resin powder with 10-30wt% moisture in Katada et al as drying process from 100-300C in order to form a dried polymer with 80% or more solids for 5 minutes to 3 hours with a hot air drying on a ventilated belt; hence, the teachings in Katada et al overlap the instantly claimed ranges. A dried polymer with 80% or more solids, satisfies a water/moisture content of 20wt% or less, which overlaps the instantly claimed range. A prima facie case of obviousness exists because the claimed ranges "overlap or lie inside ranges disclosed by the prior art", see In re Wertheim, 541 F.2d 257,191 USPQ 90 (CCPA 1976; In re Woodruff; 919 F.2d 1575,16USPQ2d 1934 (Fed. Cir. 1990). See MPEP 2144.05(I).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the final moisture content in the same range as instantly claimed in Katada et al as Katada et al teaches that the drying conditions can be set to control the water content and solid content and in the first drying step a solid content of 80% or more (water content of 20% or less); hence, it would only be obvious to the ordinary artisan to provide the final moisture/solid content to be within the same range, optimization within this range of less than 20% would only be obvious to the ordinary artisan.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Katada et al (JP2016124901) as applied to claims 1, 4-6, 9, 11-13 above, and in further view of Watabe et al (US Patent Application 2019/0329220 (already of record)).
Regarding claim 2-3, Katada et al discloses the invention substantially as claimed. Katada et al teaches the features above. However, Katada et al fails to specifically disclose a rotary drying device with a speed of 30-300rpm.
In the same field of endeavor, Watabe et al teaches a production method including a drying step of drying a particulate crosslinked hydrogel polymer using a rotary container (Abstract) in order to inhibit the deterioration of physical properties of the super absorbent particles (Paragraph 175). Watabe et al further teaches the rotation speed of the rotary container is 1-250rpm (which overlaps the claimed range) (Paragraph 182).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a rotary drying device with a speed with 30-300rpm in Katada et al in view of Watabe et al in order to inhibit deterioration of physical properties of the super absorbent polymer particles as taught in Watabe et al.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Matsumoto et al (US Patent Application 2010/0249320 (already of record)) as applied to claims 1, 3-4, 11-13 above, and in further view of Watabe et al (US Patent Application 2019/0329220 (already of record)).
Regarding claims 2-3, Matsumoto et al discloses the invention substantially as claimed. Matsumoto et al teaches the features above. However, Matsumoto et al fails to specifically disclose a rotary drying device with a speed of 30-300rpm.
In the same field of endeavor, Watabe et al teaches a production method including a drying step of drying a particulate crosslinked hydrogel polymer using a rotary container (Abstract) in order to inhibit the deterioration of physical properties of the super absorbent particles (Paragraph 175). Watabe et al further teaches the rotation speed of the rotary container is 1-250rpm (which overlaps the claimed range) (Paragraph 182).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a rotary drying device with a speed with 30-300rpm in Matsumoto et al in view of Watabe et al in order to inhibit deterioration of physical properties of the super absorbent polymer particles as taught in Watabe et al.
Claims 5-6, 9 are rejected under 35 U.S.C. 103 as being unpatentable over Matsumoto et al (US Patent Application 2010/0249320 (already of record)) as applied to claims 1, 3-4, 11-13 above, and in further view of Katada et al (JP2016124901).
Regarding claims 5-6, 9, Matsumoto et al discloses the invention substantially as claimed. Matsumoto et al teaches the features above. However, Matsumoto et al fails to specifically disclose neutralizing the monomer before and after polymerizing/crosslinking and the surfactant is on the surface of the hydrogel polymer.
In the same field of endeavor, Katada et al teaches a method of producing polyacrylic acid salt superabsorbent resins (Paragraph 1) comprising preparing a monomer aqueous solution comprising acrylic acid salt (Paragraph 30) that can be neutralized before polymerization or after polymer polymerization (Paragraph 37) and initiator and crosslinking agent (Paragraph 48) and polymerizing to form a water containing gel crosslinked polymer (Paragraph 57). Katada et al further teaches post processing steps including (2-3-1) gel pulverization/grinding (Paragraphs 78, 84-85) wherein additives such as surfactants are added with the aim of improving productivity in the drying process (Paragraph 86).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided disclose neutralizing the monomer before and after polymerizing/crosslinking in Matsumoto et al in view of Katada et al as Katada et al teaches neutralizing before or after polymerizing/crosslinking both function to neutralize the monomer. Furthermore, changing the order of steps does not render a claimed process non-obvious over the prior art, see Ex parte Rubin, 128 USPQ 440,441,442 (POBA 1959).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the surfactant is on the surface of the hydrogel polymer in Matsumoto et al in view of Katada et al as Katada et al adds the surface with the pulverizing step in order to with the aim of improving productivity in the drying process, this would provide the surfactant on the surface of the hydrogel polymer.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Katada et al (JP2016124901) as applied to claims 1, 4-6, 9, 11-13 above, and in further view of Iwamura et al (US Patent Application 2019/0338082).
Regarding claim 10, Katada et al discloses the invention substantially as claimed. Katada et al teaches the features above. However, Katada et al fails to specifically disclose glycerol monostearate.
In the same field of endeavor, Iwamura et al teaches producing a water absorbing resin composition including adding a surfactant (Paragraph 52) such as glycerol monostearate (Paragraph 63) in order to reduce damage to the resin particles during the production process (Paragraph 35).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted glycerol monostearate in Katada et al in view of Iwamura et al in order to reduce damage to the resin particles during the production process as taught in Iwamura et al. Furthermore, substitution of one surfactant for glycerol monostearate would only be obvious to the ordinary artisan. The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See MPEP 2144.07.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Matsumoto et al (US Patent Application 2010/0249320 (already of record)) as applied to claims 1, 3-4, 11-13 above, and in further view of Iwamura et al (US Patent Application 2019/0338082).
Regarding claim 10, Matsumoto et al discloses the invention substantially as claimed. Matsumoto et al teaches the features above. However, Matsumoto et al fails to specifically disclose glycerol monostearate.
In the same field of endeavor, Iwamura et al teaches producing a water absorbing resin composition including adding a surfactant (Paragraph 52) such as glycerol monostearate (Paragraph 63) in order to reduce damage to the resin particles during the production process (Paragraph 35).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted glycerol monostearate in Matusumoto et al in view of Iwamura et al in order to reduce damage to the resin particles during the production process as taught in Iwamura et al. Furthermore, substitution of one surfactant for glycerol monostearate would only be obvious to the ordinary artisan. The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See MPEP 2144.07.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Katada et al (JP2016124901) as applied to claims 1, 4-6, 9, 11-13 above, and in further view of Lee et al (US Patent 2019/0276609 (already of record)).
Regarding claim 7-8, Katada et al discloses the invention substantially as claimed. Katada et al teaches the features above. However, Katada et al fails to specifically disclose a grinder including an extruder with perforated plates having holes of 9-15mm.
In the same field of endeavor, Lee et al teaches a process of making superabsorbent polymer comprising gel grinding with a grinder including an extruder equipped with perforated plate such as screw type extruder with multiple holes in the perforated plate having diameters from 9-15mm in order to form a hydrogel polymer maintaining the appropriate level of gel strength even after grinding in order to retain a large surface area (Paragraph 110).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a grinder including an extruder with perforated plates having holes of 9-15mm in Katada et al in view of Lee et al in order to form a hydrogel polymer maintaining the appropriate level of gel strength even after grinding in order to retain a large surface area as taught in Lee et al.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Matsumoto et al (US Patent Application 2010/0249320) as applied to claims 1, 3-4, 11-13 above, and in further view of Lee et al (US Patent 2019/0276609 (already of record)).
Regarding claims 7-8, Matsumoto et al discloses the invention substantially as claimed. Matsumoto et al teaches the features above. However, Matsumoto et al fails to specifically disclose a grinder including an extruder with perforated plates having holes of 9-15mm.
In the same field of endeavor, Lee et al teaches a process of making superabsorbent polymer comprising gel grinding with a grinder including an extruder equipped with perforated plate such as screw type extruder with multiple holes in the perforated plate having diameters from 9-15mm in order to form a hydrogel polymer maintaining the appropriate level of gel strength even after grinding in order to retain a large surface area (Paragraph 110).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a grinder including an extruder with perforated plates having holes of 9-15mm in Matsumoto et al in view of Lee et al in order to form a hydrogel polymer maintaining the appropriate level of gel strength even after grinding in order to retain a large surface area as taught in Lee et al.
Conclusion
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/TANISHA DIGGS/Primary Examiner, Art Unit 1761 August 21, 2026
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