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 .
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.
Election/Restrictions
Applicant's election with traverse of Group I, claims 1 – 10, in the reply filed on 12/15/25 is acknowledged. The traversal is on the ground(s) that one search would cover all groups. This is not found persuasive because there is both a search and examination burden for each group.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim(s) 1, 3, 4 and 8 – 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2021081879 A1 to Bai et al. hereinafter “Bai”.
Bai is directed to adhesive compositions comprising a polyurethane and a polyacrylate emulsion (1: lines 4 – 5).
Regarding claims 1, 3, 4 and 8 – 10, Bai teaches a composition at Table 2, formula IE.5 which comprises 30 % PUD-3 and 70 % PAC-1. PUD-3 is an aqueous polyurethane resin comprising polyester and polyether polyols, a diisocyanate, sodium dodecylbenzene sulphonate (surfactant), EDA (ethylene diamine) and water. The resulting polyurethane polymer (PUD-3) has 61.3 % water. PAC-1 is an aqueous acrylic resin comprising sodium dodecylbenzene sulphonate (surfactant), acrylic monomers, styrene, water, ammonia solution and polypropylene glycol. The resulting acrylic resin is 45 % water. The content of the acrylic resin is greater than the urethane resin. The content of the ammonia (0.7 x 15.5 = 10.85 g) is greater than the content of the amine compound (.3 x 7.9 = 2.37 g). A mixture of 30% PUD-3 and 70% PAC-1 has approximately 49.9% water.
As to claims 9 – 10, formula IE.5 does not include solvents or pigments although both are taught as obvious additions to the composition by Bai at least at pages 4 and 10. Claims 9 – 10 were interpreted as the solvent and pigment are optional components.
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.
Claim(s) 2 and 5 – 7 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2021081879 A1 to Bai et al. hereinafter “Bai”.
For the limitations of the independent claim refer to paragraphs 7 – 8 supra.
Regarding claim 2, trial IE.5 does not use ammonia and an amine with a standard boiling point of 100C or less. EDA has a boiling point of 116 – 117C. However, Bai teaches that other amines such as triethylamine (TEA) may be used in the formulations (10: 10 – 14). Therefore, it would be obvious to one of ordinary skill to add or substitute TEA for EDA in trail IE.5 as it is directly taught for this use.
As to claims 6 – 7, trial IE.5 of Bai is silent as to the claimed ratios of polyurethane resin and acrylic resin. Bai teaches that the ratio by weight of the polyurethane resin to the acrylic resin is from 15: 85 to 85:15 (1: lines 25 – 30). Therefore, it would have been obvious to one of ordinary skill to pick a ratio, such as 50 : 50, as it is directly taught by Bai.
As to claim 5, trial IE.5 of Bai is silent as to the use of said surfactant. Bai teaches the use of anionic surfactants such as ammonium alkyl sulfates (8 – 9: Lines 29 – 2). Therefore, it would be obvious to one of ordinary skill to add or substitute an ammonium alkyl sulfate surfactant in trail IE.5 as it is directly taught for this use.
Conclusion
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PAS 2/6/26
/PETER A SALAMON/Primary Examiner, Art Unit 1759