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 .
The amendment filed 4/21/2026 has been entered. Claim 8 has been canceled. Claims 1-7 and 9-20 are pending in the application. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 112
Claim 15 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 15 has been amended to now depend upon claim 13. Claim 15 recites, “The aqueous coating composition of claim 13 comprising from 0.1 to 50 wt% of the polyurethane dispersion PUD” (emphasis added), however, given that claim 13 is directed to the aqueous polyacrylate dispersion of claim 1 and that neither claim 13 nor claim 1 recites a polyurethane dispersion PUD, the above bolded limitations of claim 15 lack antecedent basis.
Claim Rejections - 35 USC § 102
Claims 1-7, 9-10, 12-14 and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Azuma (US2015/0111026A1). Azuma discloses a water-based coating composition for forming a multi-layer coating film having excellent smoothness, image clarity and chipping resistance in a 3-coat-1-bake format (Abstract), particularly for coating external platings of automobile bodies and automobile parts (Paragraphs 0218-0219), wherein the coating composition contains “7 to 60 mass % of an acrylic resin emulsion (a), 10 to 60 mass % of a film-forming resin (b), and 10 to 50 mass % of a curing agent (c), on the basis of the total mass of the solid resin content in the composition; the acrylic resin emulsion (a) having a core/shell structure where the core section contains, as a copolymer component, 0.1 to 10 mass % of a polymerizable unsaturated monomer having two or more polymerizable unsaturated groups in one molecule, on the basis of the total mass of monomer of the core section, and the hydroxyl value of the core section is 50 to 200 mgKOH/g, and the hydroxyl value of the shell section is 50 to 200 mgKOH/g” (Abstract). Azuma discloses that the acrylic resin emulsion (a) having a core-shell structure is preferably produced by two-stage polymerization in an aqueous medium in the presence of an emulsifying agent (Paragraphs 0034, 0070, 0078-0079), preferably a reactive anionic emulsifying agent (Paragraphs 0070-0074), in an amount of the emulsifying agent of preferably about 0.1 to 15 mass%, more preferably about 0.5 to 10 mass%, and even more preferably about 1 to 5 mass%, based on the total of all of the monomers used (Paragraph 0075); wherein the core section or “core section copolymer (I)” is produced in a first stage and then the shell section or “shell section copolymer (II)” is produced in a second stage, with the proportion of core section copolymer (I) to shell section copolymer (II) being preferably in the range of about 10/90 to 90/10, as the solid mass ratio (Paragraph 0034, Examples), and the resulting acrylic resin emulsion (a) having an acid value of preferably about 5 to 25 mgKOH/g from the standpoint of storage stability of the coating material and the smoothness, distinctness of image and water resistance of the coating film that is to be obtained (Paragraph 0064)
With respect to the monomers utilized to produce the core-shell acrylic resin emulsion (a), Azuma discloses that there are no particular restrictions on the polymerizable unsaturated monomer(s) utilized, and that for example, compounds with polymerizable unsaturated groups, (m-1) to (m-5), as described in Paragraphs 0035-0046 may be utilized, particularly (m-1) polymerizable unsaturated monomer(s) with two or more polymerizable unsaturated groups in the molecule as disclosed in Paragraphs 0038-0042; (m-2) hydroxyl group-containing polymerizable unsaturated monomer(s) as disclosed in Paragraph 0043, such as 2-hydroxyethyl (meth)acrylate and 4-hydroxybutyl (meth)acrylate (e.g., “hydroxyalkyl (meth)acrylates” as in instant claim 1, and particularly as in instant claim 3); (m-3) copolymerizable unsaturated monomer(s) with C4 or greater straight-chain, branched, or cyclic saturated or unsaturated hydrocarbon group as disclosed in Paragraph 0044, such as n-butyl (meth)acrylate and 2-ethylhexyl (meth)acrylate (e.g., “cyclo(alkyl) (meth)acrylates of which the (cyclo)alkyl group contains 4-12 carbon atoms” as in instant claim 1, and particularly as in instant claim 2) as well as aromatic ring containing polymerizable unsaturated monomers such as styrene (as in instant claims 4-5); (m-4) carboxyl group-containing polymerizable unsaturated monomer(s) as disclosed in Paragraph 0045, such as (meth)acrylic acid (“acid functional monoethylenically unsaturated monomer” as in instant claim 1 and particularly as in instant claim 6); and (m-5) polymerizable unsaturated monomer(s) other than (m-1) to (m-4) as disclosed in Paragraph 0046, such as methyl (meth)acrylate and (meth)acrylamide (e.g., “different, copolymerizable, monoethylenically unsaturated monomer” as in instant claim 1 and particularly as in instant claims 4 and/or 5). More particularly, with respect to the core section copolymer (I) of the acrylic resin emulsion (a), Azuma discloses that the monomers for use as copolymerizing components of copolymer (I) include a polymerizable unsaturated monomer with two or more polymerizable unsaturated groups (m-1) in a proportion of preferably about 0.1 to 10 mass%, based on the total mass of monomers that can form the core section copolymer (I); and a hydroxyl group-containing polymerizable unsaturated monomer (m-2) in a content to provide a hydroxyl value of the core section copolymer (I) of about 50 to 200 mgKOH/g (Paragraphs 0047-0051) as essential monomers; wherein a polymerizable unsaturated monomer with a C4 or greater hydrocarbon group (m-3) is preferably further included from the viewpoint of improving the smoothness and distinctness of image of the coating film to be obtained, preferably in a proportion of 30 to 90 mass% based on the total mass of monomers composing the core section copolymer (I), with preferred (m-3) monomers being n-butyl (meth)acrylate, isobutyl (meth)acrylate, 2-ethylhexyl (meth)acrylate or styrene (Paragraphs 0052-0055); with other suitable monomers including methyl (meth)acrylate, ethyl (meth)acrylate, n-propyl (meth)acrylate and isopropyl (meth)acrylate, used alone or in combinations of two or more (Paragraph 0055).
With respect to the shell section copolymer (II) of the acrylic resin emulsion (a), Azuma discloses that preferably a hydroxyl group-containing polymerizable unsaturated monomer is utilized as a copolymerizing component, particularly in an amount to provide a hydroxyl value of preferably about 50 to 200 mgKOH/g, wherein the hydroxyl group-containing polymerizable unsaturated monomer has the function of improving the water resistance of the coating film that is to be formed, and of improving the stability of the acrylic resin emulsion (a) in the aqueous medium, by introducing a hydroxyl group that undergoes crosslinking reaction with the curing agent (c), that is reactive with hydroxyl groups, into the acrylic resin emulsion (a) (Paragraphs 0057-0059). Azuma discloses that the shell section copolymer (II) may also optionally include one or more carboxyl group-containing polymerizable unsaturated monomer(s) (m-4) as a copolymerizing component, in order to improve the stability of the acrylic resin emulsion (a) that is to be obtained, in the aqueous medium, preferably (meth)acrylic acid (Paragraph 0060); wherein any of the other polymerizable unsaturated monomer(s) (m), aside from (m-1), may also be suitably used, with examples thereof including methyl (meth)acrylate, ethyl (meth)acrylate, n-propyl (meth)acrylate, isopropyl (meth)acrylate and n-butyl (meth)acrylate, used alone or in combinations of two or more (Paragraphs 0061-0062). Azuma discloses various working examples of the acrylic resin emulsion (a), each of which is produced by a multiphase emulsion polymerization process in the presence a reactive emulsifier (AQUALON KH-10) comprising an olefinically unsaturated group as in the instantly claimed invention, with at least one working example reading upon the claimed aqueous polyacrylate dispersion comprising a multiphase acrylic polymer as recited in instant claim 1 including wherein the multiphase acrylic polymer comprises at least two phases: 1) a vinyl polymer VP1 comprising monomer units and in mole % amounts (when calculated utilizing the mass% and molar mass of the recited monomers) as in instantly claimed a)-d) with the total thereof and the reactive emulsifier not exceeding 100% (and not required to total 100%) with hydroxyl values and (calculated) acid values within the claimed ranges; and 2) a vinyl polymer VP2 comprising monomer units and in mole % amounts (when calculated utilizing the mass% and molar mass of the recited monomers) as in instantly claimed a)-b) wherein the sum thereof does not exceed 100%, and the multiphase acrylic polymer is prepared by multiple step emulsion polymerization as instantly claimed, particularly with respect to first preparing 70-95 parts by weight of vinyl polymer VP1, e.g., core portion copolymer (I), based on 100 parts by weight of the multiphase acrylic polymer, and subsequently preparing 5-30 parts by weight of vinyl polymer VP2, e.g., shell portion copolymer (II), based on 100 parts by weight of the multiphase acrylic polymer as in instant claim 1 (see Production Examples 1-20, Table 1, Paragraphs 0241-0248, particularly Prod. Ex. 4 wherein with respect to the core portion copolymer (I) as the claimed VP1, the n-butyl acrylate (13.8 mol%) and/or n-butyl methacrylate (12.5 mol%) would read upon monomer(s) a), the hydroxyethyl acrylate (15.2 mol%) and/or hydroxyethyl methacrylate (13.6 mol%) would read upon monomer(s) b), the styrene (7.9 mol%) would read upon monomer c), with no acid functional monoethylenically unsaturated monomers d), and use of 0.79 parts by mass reactive emulsifier per 77 parts by mass of monomers, and given that claim 1 does not exclude the incorporation of additional monomers in light of the “comprising” limitation and that the recited monomers a)-d) and reactive emulsifier are not required to equal 100%; or Prod. Ex. 17 wherein with respect to the core portion copolymer (I) as the claimed VP1, the n-butyl acrylate (9.8 mol%) and/or n-butyl methacrylate (16.0 mol%) would read upon monomer(s) a), the hydroxyethyl methacrylate (48.5 mol%) would read upon monomer b), the styrene (6.1 mol%) and/or methyl methacrylate (17.7 mol%) would read upon monomer(s) c), with no acid functional monoethylenically unsaturated monomers d), and use of 0.79 parts by mass reactive emulsifier per 77 parts by mass of monomers, and given again that claim 1 does not exclude the incorporation of additional monomers based upon the “comprising” limitation and that the recited monomers a)-d) and reactive emulsifier are not required to equal 100%). In particular, it is noted that the acrylic emulsion (a) of Prod. Ex. 17, which is later utilized by Azuma to produce a water-based pigmented coating composition in Comp. Ex. 5, reads upon the claimed aqueous polyacrylate dispersion of instant claims 1-7 and 9-10 as well as instant claim 12 given that as discussed in the prior office action, the claimed “recycled monomers” is a process limitation that refers to the source of the monomers and does not provide any additional material or structural limitations to the claimed VP1 and/or VP2 polymers nor the claimed aqueous polyacrylate dispersion and multiphase acrylic polymer comprising VP1 and VP2. Hence, Azuma anticipates instant claims 1-7, 9-10, and 12.
With respect to instant claim 13, as noted above, Azuma discloses that the coating composition is particularly utilized for coating external platings of automobile bodies and automobile parts (Paragraphs 0218-0219), and given that the claimed invention of instant claim 13 is directed to the “aqueous polyacrylate dispersion” and not the coated substrate, and that Azuma specifically tests all of the coating materials (A-1) to (A-28) of the working examples for chipping resistance by applying each of the coating materials (A-1) to (A-28) comprising the corresponding exemplified acrylic emulsion (a) to a test sheet of cold-rolled steel (Examples, Paragraphs 0267-0286), Azuma anticipates instant claim 13.
With respect to instant claim 14 as well as instant claims 16-20 which depend upon instant claim 14, it is again noted that Azuma discloses that the coating composition contains “7 to 60 mass % of an acrylic resin emulsion (a), 10 to 60 mass % of a film-forming resin (b), and 10 to 50 mass % of a curing agent (c), on the basis of the total mass of the solid resin content in the composition” (Abstract), wherein the film-forming resin (b) preferably comprises at least one type selected from among polyester resins (b1), water-soluble acrylic resins (b2), and urethane resins (b3) (Paragraphs 0018 and 0084), such as a urethane emulsion as utilized in the working examples (reading upon the claimed “polyurethane dispersion PUD” of instant claim 14; Examples, Paragraph 0255); and the curing agent (c) (reading upon the claimed “crosslinker C”) “comprises an amino resin (c1) and/or a blocked polyisocyanate compound (c2), and the water-based coating composition includes 5 to 30 mass % of an amino resin (c1) and/or 5 to 30 mass % of a blocked polyisocyanate compound (c2), based on the total mass of the solid resin content in the water-based coating composition” (reading upon the claimed crosslinker(s) of instant claim 16; Paragraph 0019). Hence, given the above mass % ranges and in light of the working examples wherein the aqueous coating materials include the acrylic emulsion (a) blended with pigments as in instant claims 17-18 and applied to a metal substrate to test chipping resistance and other coating properties, and that Azuma clearly discloses that the coating material is particularly utilized for coating external platings of automobile bodies and automobile parts, the Examiner takes the position that Azuma discloses the claimed invention with sufficient specificity to anticipate instant claims 14 and 16-20.
Claim Rejections - 35 USC § 103
Alternatively, claims 1-7, 9-10, 12-14 and 16-20, as well as claims 11 and 15 (assuming claim 15 should depend upon claim 14) are rejected under 35 U.S.C. 103 as being unpatentable over Azuma, as applied above to claims 1-7, 9-10, 12-14 and 16-20, and further discussed below.
The teachings of Azuma are discussed in detail above and although the Examiner is of the position that the reference is anticipatory for the reasons discussed in detail above, the Examiner alternatively takes the position that the invention as recited in instant claims 1-7, 9-10, 12-14 and 16-20 would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention given that one having ordinary skill in the art would have been motivated to utilize the working examples including the recited monomers and materials as taught by Azuma, as guidance or a starting point in producing the core/shell acrylic resin emulsion (a) taught by Azuma and the resulting water-based coating composition that is particularly suitable for coating automobile bodies and automobile parts as taught by Azuma, such that absent any clear showing of criticality and/or unexpected results with respect to the claimed invention over the teachings of Azuma, the claimed invention as recited in claims 1-7, 9-10, 12-14 and 16-20 would have been obvious over Azuma.
With respect to instant claim 11, Azuma teaches that the core section copolymer (I)/shell section copolymer (II) ratio in the acrylic resin emulsion is preferably 10/90 to 90/10 as noted above, and more preferably 50/50 to 85/15 and even more preferably 65/35 to 80/20 as the solid mass ratio (Paragraph 0063), reading upon the claimed parts by weight of vinyl polymer VP1 and parts by weight of vinyl polymer VP2 when core section copolymer (I) is equated to the vinyl polymer VP1 and shell section copolymer (II) is equated to the claimed vinyl polymer VP2. As also discussed in detail above, Azuma teaches that essential monomers for use as copolymerizing components of the core portion copolymer (I) (e.g., as the claimed vinyl polymer VP1) include a polymerizable unsaturated monomer with two or more polymerizable unsaturated groups (m-1) in a proportion of preferably about 0.1 to 10 mass%, based on the total mass of monomers that can form the core section copolymer (I); and a hydroxyl group-containing polymerizable unsaturated monomer (m-2), such as 2-hydroxyethyl methacrylate as utilized in the working examples, in a content to provide a hydroxyl value of the core section copolymer (I) of about 50 to 200 mgKOH/g (Paragraphs 0047-0051, overlapping the claimed hydroxyl number range of 100-250 mg KOH/g with respect to the claimed vinyl polymer VP1 and hence rendering the claimed hydroxyl number obvious); wherein a polymerizable unsaturated monomer with a C4 or greater hydrocarbon group (m-3), such as butyl methacrylate as a preferred (m-3) monomer and specifically utilized in the examples, is preferably further included from the viewpoint of improving the smoothness and distinctness of image of the coating film to be obtained, preferably in a proportion of 30 to 90 mass% based on the total mass of monomers composing the core section copolymer (I), such that Azuma provides a clear teaching and/or suggestion of utilizing about 0.1 to 10 mass% of essential (m-1) monomer, particularly ethyleneglycol dimethacrylate as in the working examples, with 30 to 90 mass% of preferred butyl methacrylate as (m-3) monomer, and 2-hydroxyethyl methacrylate as essential (m-2) monomer in a content to provide a hydroxyl value of about 50 to 200 mgKOH/g, with no acid functional or other monoethylenically unsaturated monomer required (reading upon the claim 0 mole % of each), thereby reading upon and/or suggesting the claimed VP1 monomer and contents as recited in instant claim 11 given that the sum of claimed mole percentages is not required to equal 100%. As for the claimed VP2, Azuma teaches that the hydroxyl group-containing monomer (m-2), particularly preferably 2-hydroxyethyl (meth)acrylate, is an essential monomer component of the shell section copolymer (II), and that preferably carboxyl group- containing monomer (m-4), particularly preferably (meth)acrylic acid, is also included, and although Azuma teaches that aside from the above (m-2) and (m-4) monomers, other polymerizable unsaturated monomer(s) (m) except (m-1) monomer(s), may be included with examples thereof being methyl (meth)acrylate and n-butyl (meth)acrylate, Azuma does not specifically teach mole % ranges as instantly claimed (Paragraphs 0056-0062). However, Azuma does teach that the hydroxyl value of the shell section copolymer (II) is preferably about 50 to 200 mgKOH/g (Paragraph 0059) and that the acid value of the overall acrylic resin emulsion (a) is 5 to 25 mgKOH/g (Paragraph 0017), wherein the core section copolymer (I) may be free from any acid groups as in the working examples and constitutes more preferably 50 to 85 mass%, even more preferably 65 to 80 mass% of the overall acrylic resin emulsion (a), such that based upon the preferred monomers taught by Azuma and the equivalent monomers for each of (m-2), (m-3), and (m-4) as taught by Azuma, and utilizing the working examples as guidance, Azuma provides a clear teaching and/or suggestion of a shell section copolymer (II) comprising monomers and mole percentages as recited in instant claim 11 with respect to the claimed vinyl polymer VP2. Hence, absent any clear showing of criticality and/or unexpected results, the claimed invention as recited in instant claim 11 would have been obvious over the teachings of Azuma given that it is prima facie obviousness to simply substitute one known element for another to obtain predictable results and/or prima facie obviousness to choose from a finite number of identified, predictable solutions, with a reasonable expectation of success.
With respect to instant claim 15, as discussed above with respect to instant claim 14 from which it is assumed that instant claim 15 is meant to depend, it is again noted that Azuma teaches that the coating composition contains “7 to 60 mass % of an acrylic resin emulsion (a), 10 to 60 mass % of a film-forming resin (b), and 10 to 50 mass % of a curing agent (c), on the basis of the total mass of the solid resin content in the composition” (Abstract), wherein the film-forming resin (b) preferably comprises at least one type selected from among polyester resins (b1), water-soluble acrylic resins (b2), and urethane resins (b3) (Paragraphs 0018 and 0084), such as a urethane emulsion as utilized in the working examples (reading upon the claimed “polyurethane dispersion PUD” of instant claim 14; Examples, Paragraph 0255), and hence, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a urethane emulsion reading upon the claimed polyurethane dispersion PUD as the film-forming resin (b) in combination with the acrylic resin emulsion (a) as the claimed aqueous polyacrylate dispersion PAD and the curing agent (c) as the claimed crosslinker C, in any mass content within the ranges taught by Azuma thereby overlapping and hence rendering obvious the claimed weight percentage of from 0.1 to 50 wt% of the polyurethane dispersion PUD as recited in instant claim 15 such that the only difference between the teachings and/or suggestions of Azuma and the claimed invention as recited in instant claim 15, is that Azuma does not specifically teach that the urethane or polyurethane as the film-forming resin (b) has a OH value of at least 35 mg KOH/g as instantly claimed. However, Azuma does teach that the urethan resin (b3) is preferably a hydroxyl group-containing urethane resin (b3) as well as the polyester resin (b1) being a hydroxyl group-containing polyester resin (b1) and the water-soluble acrylic resin (b2) being a hydroxyl group-containing acrylic resin (b2) (Paragraph 0084). Azuma teaches that from the viewpoint of curability, the hydroxyl value of the hydroxyl group-containing polyester resin (b1) is in the range of 10 to 200 mgKOH/g, preferably 30 to 180 mgKOH/g and more preferably 50 to 165 mgKOH/g (Paragraph 0091); while also from the viewpoint of curability, the hydroxyl value of the hydroxyl group-containing water-soluble acrylic resin (b2) is similarly in the range of 20 to 200 mgKOH/g, preferably 30 to 180 mgKOH/g and more preferably 50 to 165 mgKOH/g (Paragraph 0093), such that it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a hydroxyl group-containing urethane resin (b3) having a similar preferred hydroxyl value as the functionally-equivalent hydroxyl group-containing polyester resin (b1) and/or hydroxyl group-containing acrylic resin (b2), or more preferably 30 to 180 mg KOH/g and even more preferably 50 to 165 mg KOH/g with the even more preferred range reading upon the claimed OH value of at least 35 mg KOH/g as recited in instant claim 15. Hence, the claimed invention as recited in instant claim 15 would have been obvious over the teachings of Azuma given that it is prima facie obviousness to simply substitute one known element for another to obtain predictable results and/or prima facie obviousness to choose from a finite number of identified, predictable solutions, with a reasonable expectation of success.
Claims 1-7, 9-14 and 16-20 (assuming claim 15 is meant to depend upon claim 14 as in the prior office action) are rejected under 35 U.S.C. 103 as being unpatentable over Tsukiyama (US2004/0059022A1) for generally the reasons recited in the prior office action and incorporated herein by reference (see Paragraph 18 of the prior office action which also incorporates by reference Paragraphs 14-16), wherein it is further noted that with respect to the amended claims, Tsukiyama specifically teaches that in addition to the recited “ordinary and commonly used anionic and non-ionic emulsifier, any of various anionic or non-ionic reactive emulsifier having in its molecule a radically polymerizable unsaturated double bond, i.e., having an acryl-, methacryl-, propenyl-, allyl-, allyl ether-, maleate-type groups may be used alone or in combination with each other” (Paragraph 0058); and given that it is well established in the art that the use of a reactive emulsifier comprising a radically polymerizable or an olefinically unsaturated group is generally known to improve the water resistance of a film made from an aqueous acrylic emulsion in comparison to a non-reactive emulsifier (as evidenced by, for example, Yuyama, JPH09278837A, Entire document, see attached machine translation, particularly Paragraphs 0001-0005; or Azuma, Paragraph 0073; or Kitagawa, US2012/0107619A1, Paragraph 0111) and that Tsukiyama is also concerned with water resistance of the resulting coating film (Entire document, particularly Paragraphs 0004-0005, 0045, 0048, 0052, 0098, 0116-0117, 0136, and 0138), it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to select or utilize a reactive emulsifier comprising an olefinically unsaturated group as the emulsifier in the invention taught by Tsukiyama, including as a substitute emulsifier in the working examples taught by Tsukiyama, given that it is prima facie obviousness to simply substitute one known element for another to obtain predictable results and/or prima facie obviousness to use a known technique to improve similar devices in the same way. Hence, absent any clear showing of criticality and/or unexpected results, the Examiner maintains her position that the claimed invention as recited in claims 1-7, 9-14 and 16-20 (as amended) would have been obvious over the teachings of Tsukiyama for essentially the reasons recited in the prior office action (and incorporated herein by reference) and further discussed above.
Response to Arguments
Applicant's arguments filed 4/21/2026 have been fully considered but are not persuasive and/or moot in view of the new grounds of rejection and additional remarks above with respect to the obviousness rejection over Tsukiyama, wherein as discussed in detail above, Tsukiyama does teach that a reactive emulsifier having in its molecule a radically polymerizable unsaturated double bond may be used as the emulsifier for the multi-stage emulsion polymerization process utilized to produce the core/shell-type acrylic resin of the aqueous resin dispersion, see particularly Paragraph 0058. Further, with respect to Applicant’s arguments as recited in Section VI. A. on pages 12-14, the Examiner notes that the results and data relied upon by the Applicant: a) are not commensurate in scope with the instant claims as evident by Table 2a of the instant specification; b) do not accurately represent the teachings of Tsukiyama, and thus do not support a clear showing of unexpected results over the cited prior art; c) would not be considered “unexpected” given that as discussed in detail above, it is well known in the art that a reactive emulsifier, versus a non-reactive emulsifier, is known to provide improved water resistance, and given that most hand creams and suntan lotions contain more than 50% water, improved resistance thereto would have been obvious to one having ordinary skill in the art; and d) are inconclusive with respect to any direct comparison between any one of Examples Ex. 1-6 and Comparative Example CEx. 1 given that more than just a difference between the type of emulsifier (reactive vs. non-reactive) exists between the examples as evident from Table 2a of the instant specification, e.g., see particularly: i) the difference in amount of No. 1, ii) the difference in contents between the different emulsifiers with respect to Nos. 2-3 and 6-7, iii) the difference in amount of No. 8, iv) the addition of No. 9 in CEx.1 that is not in Ex. 1-6, v) the difference in n-butyl methacrylate content of No. 10, vi) the addition of No. 11 in CEx.1 that is not in Ex. 1-6, vii) the difference in amount of No. 13, viii) the presence of Nos. 14 and 15 in Ex. 4-5 but not in CEx.1, ix) the difference in amount of No. 17, and x) the addition of No. 21 and 22 in CEx.1 but not in Ex. 1-6. Hence, Applicant’s arguments over Tsukiyama are not persuasive.
Any objection or rejection from the prior office action not restated above has been withdrawn by the Examiner in light of Applicant’s claim amendments and arguments filed 4/21/2026.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONIQUE R JACKSON whose telephone number is (571)272-1508. The examiner can normally be reached Mondays-Thursdays from 10:00AM-5:00PM.
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/MONIQUE R JACKSON/Primary Examiner, Art Unit 1787
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