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 .
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 1-3 and 6-11 are rejected under 35 U.S.C. 103 as being unpatentable over Kitanohara et al (JP2015229770).
Kitanohara teaches a copolymer formed from (2-oxo-1,3-dioxolan-4-yl) methyl methacrylate (see Example 1) and N-vinylpyrrolidone.
The first monomer contains a cyclic carbonate fragment (see Formula 1 at claim 1) and the second one comprises hydrophilic lactam (meeting the limitations of claims 2, 3 and 6).
In reference to claims 7-9 and 11, Kitanohara and Applicant use the same cross-linking agent 1,6-diaminohexane (hexamethylenediamine).
Regarding claim 10, Kitanohara teaches a cross-linked film is suitable for an outer plate of an automobile body such as a passenger car, a truck, a motorcycle, and a bus, which is based on the composition above.
Kitanohara fails to teach a copolymer of (2-oxo-1,3-dioxolan-4-yl) methyl methacrylate and N-vinylpyrrolidone in Examples.
A genus does not always anticipate a claim to a species within the genus. However, when the species is clearly named, the species claim is anticipated no matter how many other species are additionally named. Ex parte A, 17 USPQ2d 1716 (Bd. Pat. App. & Inter. 1990) See also MPEP 2131.02
Therefore, it would have been obvious to a person of ordinary skills in the art before the effective filing date of the invention to use N-vinylpyrrolidone as a comonomer and 1,6-diaminohexane as a cross-linking agent in Kitanohara’s composition, since they are clearly named in the reference.
Claims 1 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over Brindöpke et al (US 4882391).
Brindöpke teaches a coating composition comprising structural units carrying 1,3-dioxolan 2-one groups in random distribution and compounds (B) which contain at least one primary aliphatic or cycloaliphatic amino group and additionally at least one further basic amino group (see Abstract).
Brindöpke discloses that the compound (B) can be represented by amides mono- and di-alkylamides having 1-10 carbon atoms in the alkyl radical. In particular, they can be represented by (meth)acrylamide, N-methylol-(meth)acrylamide and corresponding ethers such as the methyl or butyl ether of N-methylol-(meth)acrylamide, (see 3:5).
Brindöpke fails to teach a copolymer of (2-oxo-1,3-dioxolan-4-yl) methyl methacrylate and amides above in Examples.
A genus does not always anticipate a claim to a species within the genus. However, when the species is clearly named, the species claim is anticipated no matter how many other species are additionally named. Ex parte A, 17 USPQ2d 1716 (Bd. Pat. App. & Inter. 1990) See also MPEP 2131.02
Therefore, it would have been obvious to a person of ordinary skills in the art before the effective filing date of the invention to use amides as comonomers in Brindöpke’s composition, since they are clearly named in the reference.
Allowable Subject Matter
Claims 4 and 5 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.
Search for prior art does not result in a reference disclosing a copolymer of cyclic carbonate and betaine.
The closest prior art found is represented by Zhou et al (Synthesis of cyclic carbonates from carbon dioxide and epoxides over betaine-based catalysts, Journal of Molecular Catalysis A: Chemical 284 (2008) 52–57).
Zhou teaches a reaction for obtaining cyclic carbonates using such catalyst as betaine-based salts (see Abstract). The carbonates can use used in polymerization (see page 52, left column).
However, Zhou fails to teach a polymer comprising cyclic carbonate and betaine as structural units.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY LISTVOYB whose telephone number is (571)272-6105. The examiner can normally be reached 9am-5pm EST M-F.
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GL
/GREGORY LISTVOYB/Primary Examiner, Art Unit 1765
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