Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-11 re rejected under 35 U.S.C. 103 as being unpatentable over as being unpatentable over EP-604814 to Wamprecht et al. (CA-2111927 will be used for citations) in view of U.S. Patent No. 5,021,554 to Padget et al.
As to claims 1-2 and 4-8, Wamprecht discloses a polyester polyol comprising building blocks of diols, dicarboxylic acids, and triols. Wamprecht further discloses reaction of the double bonds with primary amine components resulting in side chain groups derived from the primary amine:
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Wamprecht discloses a polyol component comprising 4.00 mol of hexane-1,6-diol, 1.00 mol of trimethylolpropane, 0.52 mol of adipic acid, 0.52 mol of maleic anhydride (or fumaric acid, Pg. 4, II. 17), 2.48 mol of isophthalic acid, 0.48 mol of phthalic anhydride (Polyester B, example 2). The molar ratio of dicarboxylic acid groups to the sum of diol and polyol building blocks is 4:5. Wamprecht discloses reacting the polyester polyol intermediate with the primary amine component (Pg. 16, ||.1-11). Wamprecht does not teach the claimed alkylene oxide containing monoamine.
However, within the same field of endeavor Padget discloses unsaturated polyester polyol intermediates comprising neopentyl glycol, itaconic acid and adipic acid building blocks wherein the intermediates are reacted with oxyalkylene oxide containing monoamines comprising at least 40% of oxyethylene residues wherein the oxyalkylene oxide chains are attached as a side chain of the intermediate (3:3-62. 5:1-4, 6:33-40, 7:15-53). The preferred monoamine is Jeffamine M1000, which has the following formula:
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Padget discloses a monoamine represented by the following:
At the time of filing it would have been obvious to a person of ordinary skill in the art to
substitute the monoamine component of Wamprecht with the monoamine of Padget to
provide non-ionic stabilization and prepare polyesters with good colloid stability (Abstract).
As to claim 3, Wamprecht discloses a polyester polyol with an average number molecular weight of 286 to 10,000 and comprising at least 2 structural units corresponding to the formula:
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As to claims 9-11, Wamprecht and Padget disclose a processes for preparing the polyester comprising reacting 4.00 mol of hexane-1,6-diol, 1.00 mol of trimethylolpropane, 0.52 mol of adipic acid, 0.52 mol of maleic anhydride ("activated maleic acid or fumaric acid, Pg. 4, II. 17), 2.48 mol of isophthalic acid, 0.48 mol of phthalic anhydride (Polyester B, example 2) at a molar ratio dicarboxylic acid groups to the sum of diol and polyol building blocks of 4:5,
followed by reacting with the monoamine Pg. 14,II. 11-Pg. 16, II. 11).
Response to Arguments
Applicant's arguments filed 07/30/2026 have been fully considered but they are not persuasive.
The applicant argues that the pertinence of the secondary reference to Padget has not been clearly explained and the examiner only cited a portion of the formula within the specification. The portion cited within Padget is cited and disclosed to show specific embodiments that the reference relies on with respect to the primary monoamine used to modify the unsaturated polyester. It was not at attempt to disregard other portion of the broad disclosure of Padget. For example, the relied upon teaches of Padget teach the use of a Jeffamine M-1000, which the formula used in the rejection broadly outlines. In particular, Jeffamine M-1000 (easily found via a google search) is represented by the following:
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Accordingly, the specific embodiments taught within Padget teach a primary monoamine that is the same used in the current application. In the formula, x is 19 and y is 3.
The applicant argues that Wamprecht teaches the use of ammonia or a primary amine to modify the unsaturated polyester and the current claims recite a secondary amine. This is not found persuasive because the current claims do not recited a secondary amine, rather, the current claims show that after reaction of a primary alkoxylated amine to the unsaturated polyester a secondary amine product is obtained. This is the same reaction taught in Wamprecht and Padget. Further, the modifying amine used in the instant examples is a primary amine represented by the same formula of Padget wherein the primary amine contains 19 ethylene oxide repeat units, 3 propylene oxide repeat units, and is terminated with a methyl group.
Lastly, in response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, it would have been obvious to a person of ordinary skill in the art to substitute the monoamine component of Wamprecht with the monoamine of Padget to provide non-ionic stabilization and prepare polyesters with good colloid stability (Abstract). These are properties that the skilled artisan would appreciate within the coating systems of the primary reference to Wamprecht.
Allowable Subject Matter
Claims 12-14 and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art of record taken alone or in combination fail to teach or fairly suggest laundry detergent comprising the modified polyester according to the claims. The closest prior art to Haberecht teaches an laundry detergent comprising an unsaturated polyester polyol resin. However, the reference does not teach modifying the resin with a primary alkoxylated amine component. Padget discloses modifying unsaturated polyester resins with the alkoxylated amines, however, Padget does not relate to laundry detergent applications.
Conclusion
THIS ACTION IS MADE FINAL. 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 MICHAEL L LEONARD whose telephone number is (571)270-7450. The examiner can normally be reached M - F 7:00-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached at 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL L LEONARD/Primary Examiner, Art Unit 1763
