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, claims 1-11 in the reply filed on 11 June 2026 is acknowledged.
Claims 12 and 13 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11 June 2026.
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 1-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2015/0175833 A1 (“Ogura”).
As to claims 1-3, Ogura teaches an aqueous coating composition comprising an aqueous modified polyolefin (abstract), thus an aqueous polyolefin based resin, an aqueous acrylic resin (abstract). As an aqueous acrylic resin, Ogura exemplifies resin (B-2) which is formed from acrylic acid, which contains an anionic group, and methoxy polyethylene glycol monomethacrylate (paras. 0200-0203), which contains a polyoxyalkylene group.
Ogura teaches that the composition may be applied to an object through various means including spraying, which requires a coating machine. Ogura does not discuss using the composition in a process further requiring washing the coating machine using alkaline water of the recited pH as required by claim 1, the specific coating machine of claim 2, or the amine compound of claim 3. These limitations are construed as an intended use of the aqueous coating composition. Case law holds that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See In re Casey, 152 USPQ 235 (CCPA 1967) and In re Otto, 136 USPQ 458, 459 (CCPA 1963).
As to claim 4, referring to Table 1 of Ogura (para. 0224), all examples employ 30 to 40 parts of the aqueous polyolefin per 100 parts of resin, which is within the recited range.
As to claim 5, Ogura teaches the acrylic resin is a copolymer of acrylic acid, a polymerizable unsaturated monomer having an anionic group (b1), in an amount calculated as 5 wt % of the monomers, which is within the recited range, and methoxy polyethylene glycol monomethacrylate, a polymerizable unsaturated monomer having a polyoxyalkylene group (b2), in an amount calculated as 15 wt %, such that the mass ratio of (b1)/(b2) is calculated as 25/75, which is within the recited range.
As to claim 6, Ogura teaches that the acrylic resin further includes 5 parts per 100 of styrene, and 20 parts of isobornyl acrylate, thus 25 mass percent of unsaturated monomer having a hydrophobic group (para. 0202).
As to claim 7, while Ogura does not state the acid value of the acrylic resin, Ogura teaches 5 parts of acrylic acid in 100 parts of monomers, which is calculated to provide an acid value of approximately 39 mg KOH/g.
As to claim 8, referring to Table 1, all examples of Ogura have the acrylic resin in 15 to 20 parts per 100 parts of resin.
As to claim 9, Table 1, examples 15, 18, and 19, contain 10-15 parts per 100 parts resin of a polyester, which polyester is hydroxyl functional (para. 0209).
As to claim 10, referring to Table 1, all examples contain 15 to 25 parts per 100 parts resin of blocked isocyanate and melamine resin, which are crosslinking agents.
As to claim 11, referring to Table 1, all examples use 100 parts of pigments with respect to 100 parts resin.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KREGG T BROOKS whose telephone number is (313)446-4888. The examiner can normally be reached Monday to Friday 9 am to 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arrie Reuther can be reached at (571)270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KREGG T BROOKS/Primary Examiner, Art Unit 1764
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