DETAILED ACTION
Pending Claims
Claims 1-15 are pending.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 .
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.
Claim Rejections - 35 USC § 102
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 10, 11, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dou et al. (CN 103030723 A).
Regarding claims 10 and 14, Dou et al. disclose: (10) a method for producing a polyvinyl alcohol resin (Abstract; paragraphs 0009-0017; Example 1 in paragraphs 0029-0033; Example 2 in paragraphs 0034-0039; Example 3 in paragraphs 0040-0045), comprising:
a polymerization step of polymerizing a vinyl ester with addition of a polymerization initiator to produce a polyvinyl ester (paragraphs 0010-0013; Example 1 in paragraphs 0030-0031; Example 2 in paragraphs 0036-0037; Example 3 in paragraphs 0042-0043); and
a saponification step of saponifying the polyvinyl ester with addition of a saponification catalyst to produce a water-soluble polyvinyl alcohol resin (paragraph 0016; Example 1 in paragraph 0033; Example 2 in paragraph 0039; Example 3 in paragraph 0045),
wherein the polymerization initiator contains at least one selected from the group consisting of a sulfone group, an alkyl sulfonyl group, an aromatic sulfonyl group, a sulfine group, an imidazoline group, a carboxy group, an amide group, an amino group, and a hydroxy group (paragraph 0017; Example 1 in paragraph 0031; Example 2 in paragraph 0037; Example 3 in paragraph 0043); and
(14) wherein a ratio (Mw/Mn) of a weight average molecular weight (Mw) to a number average molecular weight (Mn) of the polyvinyl ester is 1.0 to 3.0 (Examples 1-3 in Table 1: “2.12”, 2.23”, “2.26”).
Regarding claim 11, Dou et al. fail to disclose: (11) wherein a water-soluble surfactant is added in the polymerization step. However the claimed amount of “0.02 parts by weight or less per 100 parts by weight of the vinyl ester” includes zero parts by weight. Accordingly, Dou et al. anticipate the addition of zero parts by weight.
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.
Claims 10, 11, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kumaki et al. (JP 2005-029764 A).
Regarding claims 10 and 15, Kumaki et al. disclose: (10) a method for producing a polyvinyl alcohol resin (paragraphs 0046-0047; see also paragraphs 0024-0035), comprising:
a polymerization step of polymerizing a vinyl ester with addition of a polymerization initiator to produce a polyvinyl ester (paragraph 0046; see also paragraphs 0027-0029); and
a saponification step of saponifying the polyvinyl ester with addition of a saponification catalyst to produce a water-soluble polyvinyl alcohol resin (paragraph 0047; see also paragraphs 0030-0033); and
(15) a method for producing a polyvinyl acetal resin, comprising acetalizing the polyvinyl alcohol resin obtained by the method for producing a polyvinyl alcohol resin with addition of an aldehyde (paragraph 0051; see also paragraphs 0036-0042).
The exemplary embodiment of Kumaki et al. uses 2,2’-azobis(cyclohexane-1-carbonitride) as an initiator (see paragraph 0046). Accordingly, this embodiments fails to disclose: (10) wherein the polymerization initiator contains at least one selected from the group consisting of a sulfone group, an alkyl sulfonyl group, an aromatic sulfonyl group, a sulfine group, an imidazoline group, a carboxy group, an amide group, an amino group, and a hydroxy group. However, the general teachings of Kumaki et al. contemplate the use of other azo-based initiators, including 2,2’-azobis(N-butyl-2-methylpropionamide) (see paragraph 0027).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the instantly claimed polymerization initiator in the method of Kumaki et al. because: (a) the exemplary embodiment of Kumaki et al. uses 2,2’-azobis(cyclohexane-1-carbonitride) as an initiator; and (b) the general teachings of Kumaki et al. contemplate the use of other azo-based initiators, including 2,2’-azobis(N-butyl-2-methylpropionamide).
Regarding claim 11, Kumaki et al. fail to disclose: (11) wherein a water-soluble surfactant is added in the polymerization step. However the claimed amount of “0.02 parts by weight or less per 100 parts by weight of the vinyl ester” includes zero parts by weight. Accordingly, Kumaki et al. obviously satisfies the addition of zero parts by weight.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Dou et al. (CN 103030723 A) in view of Kumaki et al. (JP 2005-029764 A).
Regarding claim 15, the teachings of Dou et al. are as set forth above and incorporated herein. They fail to explicitly disclose: (15) a method for producing a polyvinyl acetal resin, comprising acetalizing the polyvinyl alcohol resin obtained by the method for producing a polyvinyl alcohol resin with addition of an aldehyde. However, the teachings of Kumaki et al. demonstrate that polyvinyl alcohols are recognized in the art as suitable precursors for polyvinyl acetal resins (see paragraphs 0001-0003 & 0036-0042). In light of this, it has been found that the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination – see MPEP 2144.07.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to prepare a polyvinyl acetal resin with the polyvinyl alcohol of Dou et al. because: (a) the teachings of Kumaki et al. demonstrate that polyvinyl alcohols are recognized in the art as suitable precursors for polyvinyl acetal resins; and (b) it has been found that the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination.
Claims 1-6, 10, 11, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Takayama et al. (JP 2019-066533 A).
Regarding claims 10 and 14, Takayama et al. disclose: (10) a method for producing a polyvinyl alcohol resin (Abstract; paragraphs 0028-0048 & 0090-0096), comprising:
a polymerization step of polymerizing a vinyl ester with addition of a polymerization initiator to produce a polyvinyl ester (paragraphs 0028-0045 & 0090-0096); and
a saponification step of saponifying the polyvinyl ester with addition of a saponification catalyst to produce a water-soluble polyvinyl alcohol resin (paragraphs 0046-0048 & 0090-0096); and
(14) wherein a ratio (Mw/Mn) of a weight average molecular weight (Mw) to a number average molecular weight (Mn) of the polyvinyl ester is 1.0 to 3.0 (Abstract; paragraph 0020).
The exemplary embodiments of Takayama et al. use 2,2-azobis(4-methoxy-2,4-dimethylvaleronitrile) and azobisisobutyronitrile as initiators (see paragraphs 0090-0096). Accordingly, these embodiments fail to disclose: (10) wherein the polymerization initiator contains at least one selected from the group consisting of a sulfone group, an alkyl sulfonyl group, an aromatic sulfonyl group, a sulfine group, an imidazoline group, a carboxy group, an amide group, an amino group, and a hydroxy group. However, the general teachings of Takayama et al. contemplate adding potassium persulfate and ammonium persulfate to their initiators (see paragraph 0032).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the instantly claimed polymerization initiator in the method of Takayama et al. because: (a) the exemplary embodiments of Takayama et al. use 2,2-azobis(4-methoxy-2,4-dimethylvaleronitrile) and azobisisobutyronitrile as initiators; and (b) the general teachings of Takayama et al. contemplate adding potassium persulfate and ammonium persulfate to their initiators.
Regarding claim 11, Takayama et al. fail to disclose: (11) wherein a water-soluble surfactant is added in the polymerization step. However the claimed amount of “0.02 parts by weight or less per 100 parts by weight of the vinyl ester” includes zero parts by weight. Accordingly, Takayama et al. obviously satisfies the addition of zero parts by weight.
Regarding claims 1 and 3, the teachings of Takayama et al. are as set forth above and incorporated herein to obviously satisfy the instantly claimed end group limitation, water-soluble surfactant limitation, and Mw/Mn limitation. Takayama et al. fail to explicitly disclose an embodiment where their polyvinyl alcohol resin: (1 & 3) has a weight average molecular weight (Mw) of 1,000,000 or more. Rather, they disclose that the Mw can range from 100,000 to 1,000,000 (see Abstract; paragraph 0021). In light of this, it has been found that in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists – see MPEP 2144.05.
Therefore, the teachings of Takayama et al. obviously satisfy the instantly claimed Mw range (of 1,000,000 or more) because: (a) Takayama et al. disclose that the Mw can range from 100,000 to 1,000,000; and (b) it has been found that in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists.
Regarding claim 2, Takayama et al. are silent regarding the presence of a cationic surfactant, which suggests it is present in an amount of zero weight percent. Accordingly, Takayama et al. fail to disclose an amount of: (2) 0.0000001% by weight or more. However, it has been found that a prima facie case of obviousness exists where the claimed range or amounts do not overlap in scope with the prior art but are merely close – see MPEP 2144.05.
Regarding claim 4, the teachings of Takayama et al. fail to explicitly disclose: (4) wherein the polyvinyl alcohol resin has a degree of saponification of 70 mol% or higher and 99 mol% or lower. Rather, they disclose a range of 80 to 99.9 mol% (see paragraphs 0020 & 0023). In light of this, it has been found that in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists – see MPEP 2144.05.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the instantly claimed degree of saponification (70 mol% or higher and 99 mol% or lower) in the polyvinyl alcohol of Takayama et al. because: (a) Takayama et al. disclose a range of 80 to 99.9 mol%; and (b) it has been found that in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists.
Regarding claim 5, the teachings of Takayama et al. are as set forth above and incorporated herein. They fail to explicitly disclose: (5) wherein the polyvinyl alcohol resin has a cloud point of 30°C or higher. However, the skilled artisan would have expected the teachings of Takayama et al. to obviously embrace embodiments capable of satisfying this property because the teachings of Takayama et al. obviously satisfy all of the material/chemical limitations (and molecular weight thereof) of the claimed polyvinyl alcohol.
Regarding claim 6, the teachings of Takayama et al. are as set forth above and incorporated herein. They fail to explicitly disclose an embodiment: (6) wherein the polyvinyl alcohol resin contains at least one selected from the group consisting of a dialkylamine compound containing a C1-C10 alkyl group and a trialkylamine compound containing a C1-C10 alkyl group. Rather, they contemplate the presence of co-monomers (see paragraphs 0029-0030). These co-monomers include acrylamidopropyl dimethylamine (see paragraph 0030).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the instantly claimed dialkylamine or trialkylamine in the polyvinyl alcohol of Takayama et al. because: (a) Takayama et al. contemplate the presence of co-monomers; and (b) the co-monomers of Takayama et al. include acrylamidopropyl dimethylamine.
Claims 7-9 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Takayama et al. (JP 2019-066533 A) in view of Kumaki et al. (JP 2005-029764 A).
Regarding claims 7-9 and 15, the teachings of Takayama et al. are as set forth above and incorporated herein. They fail to disclose: (15) a method for producing a polyvinyl acetal resin, comprising acetalizing the polyvinyl alcohol resin obtained by the method for producing a polyvinyl alcohol resin with addition of an aldehyde; (7) a polyvinyl acetal resin, which is an acetalized product of the polyvinyl alcohol resin; (8) an interlayer film for a laminated glass, comprising the polyvinyl acetal resin; and (9) a binder composition comprising the polyvinyl acetal resin. However, the teachings of Kumaki et al. demonstrate that polyvinyl alcohols are recognized in the art as suitable precursors for polyvinyl acetal resins (see paragraphs 0001-0003 & 0036-0042), which can be used as binders and interlayers for laminated glass (see paragraph 0003). In light of this, it has been found that the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination – see MPEP 2144.07.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to prepare a polyvinyl acetal resin (used as a binder or an interlayer of laminated glass) with the polyvinyl alcohol of Takayama et al. because: (a) the teachings of Kumaki et al. demonstrate that polyvinyl alcohols are recognized in the art as suitable precursors for polyvinyl acetal resins, which can be used as binders and interlayers for laminated glass; and (b) it has been found that the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination.
Allowable Subject Matter
Claims 12 and 13 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.
International Search Report
The international search report cited four X-references. These references have been considered.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J FEELY whose telephone number is (571)272-1086. The examiner can normally be reached Monday-Friday 8am-5pm.
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/MICHAEL J FEELY/Primary Examiner, Art Unit 1766
June 26, 2026
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