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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 11 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 recites “a moisture content of the dried substance may be from 2 to 9 wt%.” The use of “may be” leads to doubt about what is being claimed. Is applicant claiming that the moisture content is 2 to 9 wt%? The moisture content is optionally 2 to 9 wt%? The moisture content is capable of being 2 to 9 wt%? Given that there are multiple ways to interpret claim 11, the claim is indefinite.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-7 and 9-10 is/are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by WO 2022/181771 (herein Fujita).
In setting forth the instant rejection, the US equivalent US 2024/0299907 of the WO document is utilized as the English translation.
As to claims 1, 9-10, Fujita discloses (see example 1-5 in table 2 and surrounding text) a method of
Feeding a composition containing an aqueous sodium acrylate solution (neutralized acrylic acid, a water soluble ethylenically unsaturated monomer), the crosslinking agent polyethylene glycol diacrylate (internal crosslinking agent) and sodium persulfate (a polymerization initiator) and polymerizing the composition implicit it is in a polymerization reactor, also can be seen in paragraph 459, wherein the polymerization is performed in a stainless steel container/reactor) to obtain a hydrogel polymer (hydrous gel polymer). See paragraph 341-344, 373-375 and all examples.
The obtained particulate hydrogel with a solid content of 48% is dried and surface crosslinked to obtain superabsorbent resin particles. See paragraph 376-377 and all examples.
10 parts by weight of 0.1 parts of a sodium sulfite are mixed with 100 parts by weight of the superabsorbent resin particles (thus reading on hydrating the dried substance). See paragraph 378 and other examples.
The obtained particulate water absorbent is then pulverized (pulverizing the hydrated dried substance) to obtain a superabsorbent polymer. See paragraph 380 and other examples.
As to claim 2, there is a gel crushing step of the hydrogel prior to drying. See paragraph 376 and other examples.
As to claim 3, the pulverizing is performed after the drying step. See paragraph 378-380. While no time period is stated, no periods of pause or waiting and the time of the steps are 30 minutes or less, therefore, it would be well within 24 hours after hydrating.
As to claim 4, the moisture content is reported as between 9.7 and 11.3 wt% in the examples in table 2. The lower end and values of e.g. 10.2 wt% read on 10 wt% and within the claimed range. Further, it is reasonable to take the position that the drying step would not have driven 100% of the moisture away and thus, the hydration step would be within the claimed range.
As to claim 5, hydrating is performed by spraying in example 1-4 in paragraph 370.
As to claim 6, the temperature is not given therefore it is reasonable to take the position that the temperature is at room temperature, which is about 21 to 23 ° C.
As to claim 7, the moisture content is reported as between 9.7 and 11.3 wt% in the examples in table 2.
Claim(s) 1, 3-6 and 9-11 is/are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by WO 2022/265468 (herein Park).
In setting forth the instant rejection, the US equivalent US 2023/0390735 of the WO document is utilized as the English translation.
As to claim 1, Park discloses a method for preparing a superabsorbent polymer (see abstract and examples) comprising
Step 1: feeding a neutralized acid groups of a water soluble ethylenically unsaturated monomer, an internal crosslinking agent, a polymerization initiator and polymerizing to form a water-containing gel polymer (hydrous gel polymer). See paragraph 51-54. The polymerization takes place in a reactor (thus a polymerization reactor). See paragraph 96-100.
Step 3: drying the polymer. See paragraph 155-159.
Step 5: hydrating the dried polymer. See paragraph 177-184.
Additional Step: pulverizing the hydrated dried substant to form a super absorbent polymer. See paragraph 220-227.
Also see examples, such as example 1.
As to claim 3, the pulverizing is followed after the drying and no waiting time is required.
As to claim 4, in the examples (see paragraph 259), about 5 parts of water per 100 parts polymer are added. The final water content is about 1.7 wt%, which is within the claimed range. See table 2.
As to claim 5, the hydration step is performed via spraying moisture. See paragraph 8, 195 and 204.
As to claim 6, the hydration step is performed at 25 ° C. See paragraph 259.
As to claim 9, the internal crosslinking agent is polyethylene glycol diacrylate. See paragraph 75 and examples.
As to claim 10, the monomer is a salt of acrylic acid. See paragraph 65 and examples.
As to claim 11, the moisture content is taught as 1.7 wt%, which reads on 2 wt%. See table 2.
Claim(s) 1, 3, 6, 8-10 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2003/0224163 (herein Dairoku).
As to claims 1 and 10, Dairoku discloses a method for preparing a super absorbent polymer (see abstract and examples) comprising:
Feeding a composition comprising neutralized acrylic acid (NaOH reacted with acrylic acid to form acrylic acid sodium salt, see examples, paragraph 8, 32 and 39, thus reading on a water soluble ethylenically unsaturated monomer having and acidic group of which at least part is neutralized), an internal crosslinking agent such as polyethylene glycol diacrylate (see paragraph 29 and examples), a polymerization initiator (paragraph 33 and examples) and polymerizing in a polymerization vessel (reactor, see paragraph 39).
A drying step. See paragraph 11-20, 40-43 and examples.
Dairoku discloses that the water is adjusted after drying to a range of 10 to 30 wt% by adding water (see paragraph 41).
Afterwards, the polymer is pulverized to form a superabsorbent polymer. See paragraph 11-13, 45-57 and examples.
Also see examples.
As to claim 3, the steps are perform sequentially with no pauses, so it would be immediate.
As to claim 6, the temperature isn’t given for the hydration, so it is reasonable to apply it at room temperature (about 23 ° C).
As to claim 8, paragraph 87-88 states that a surface crosslinking step is performed in the presence of a surface crosslinking agent to crosslink the surface is performed after pulverizing.
As to claim 9, the internal crosslinking agent is polyethylene glycol diacrylate, etc. See paragraph 29 and examples.
As to claim 12, the surface crosslinking agent is ethylene glycol diglycidyl ether, etc. See paragraph 44.
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) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2022/265468 (herein Park).
The discussion with respect to Park set-forth above is incorporated herein by reference.
As to claim 7, Park discloses that the water content is 5 wt% or less, which overlaps the claimed range. See paragraph 156, 232 and 236. It is well settled that where the prior art describes the components of a claimed compound or compositions in concentrations within or overlapping the claimed concentrations a prima facie case of obviousness is established. See In re Harris, 409 F.3d 1339, 1343, 74 USPQ2d 1951, 1953 (Fed. Cir 2005); In re Peterson, 315 F.3d 1325, 1329, 65 USPQ 2d 1379, 1382 (Fed. Cir. 1997); In re Woodruff, 919 F.2d 1575, 1578 16 USPQ2d 1934, 1936-37 (CCPA 1990); In re Malagari, 499 F.2d 1297, 1303, 182 USPQ 549, 553 (CCPA 1974). Also see MPEP 2144.05 stating that when there is overlap with the claimed ranges and the prior art, a prima facie case of obviousness exists. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to select any amount within the disclosed ranges, including amounts within the scope of the instant claims.
Claim(s) 7 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2003/0224163 (herein Dairoku).
The discussion with respect to Dairoku set-forth above is incorporated herein by reference.
As to claim 7, Dairoku discloses that the water content is 5 to 30 wt%, which overlaps the claimed range. See paragraph 47. It is well settled that where the prior art describes the components of a claimed compound or compositions in concentrations within or overlapping the claimed concentrations a prima facie case of obviousness is established. See In re Harris, 409 F.3d 1339, 1343, 74 USPQ2d 1951, 1953 (Fed. Cir 2005); In re Peterson, 315 F.3d 1325, 1329, 65 USPQ 2d 1379, 1382 (Fed. Cir. 1997); In re Woodruff, 919 F.2d 1575, 1578 16 USPQ2d 1934, 1936-37 (CCPA 1990); In re Malagari, 499 F.2d 1297, 1303, 182 USPQ 549, 553 (CCPA 1974). Also see MPEP 2144.05 stating that when there is overlap with the claimed ranges and the prior art, a prima facie case of obviousness exists. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to select any amount within the disclosed ranges, including amounts within the scope of the instant claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK S KAUCHER whose telephone number is (571)270-7340. The examiner can normally be reached M-F 8-6 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arrie Lanee 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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/MARK S KAUCHER/Primary Examiner, Art Unit 1764
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