DETAILED ACTION
Notice of Pre-AIA or AIA Status
This Office action is based on the 18/699407 application filed 8 April 2024, which is being examined under the first inventor to file provisions of the AIA .
Claims 1-19 are pending and have been fully considered.
Claim Rejections - 35 USC § 103
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.
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) 1 and 3-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watabe et al (US 2019/0329219) as evidenced by Younes et al in EFSA Journal (2017, vol 15, no 12, 32 pp).
With respect to claims 1, 8, and 10, Watabe et al discloses “a step of grinding and finely granulating the crosslinked hydrogel polymer obtained in the polymerization step…by a screw extruder such as a kneader, a meat chopper, and the like, or a device such as a cutter mill and the like, to obtain a particulate crosslinked hydrogel polymer (hereinafter, referred to as a “particulate hydrous gel”)…in the gel-crushing step, a gel fluidizer is preferably added to a hydrous gel or a particulate hydrous gel that is ground material thereof. The addition of the gel fluidizer is particularly effective in the case of treating the particulate hydrous gel in the later-described heating drying step [see, also, discussion below concerning claim 4] and a later-described heat treatment step during post-crosslinking…Specific examples of surfactants used as the gel fluidizer include (1) nonionic surfactants such as sucrose fatty acid esters, polyglycerin fatty acid esters,…” [paragraphs 0150, 0155, & 0160], wherein the polymer is prepared from monomers including acrylic acid [paragraph 0108] and “[a] monomer other than acrylic acid[, which] only needs to be a compound that can be polymerized into a water-absorbent resin. Examples of such a monomer include: acid group-containing unsaturated monomers such as methacrylic acid, maleic acid (anhydride), itaconic acid, cinnamic acid, vinylsulfonic acid, allyltoluene sulfonic acid, vinyltoluene sulfonic acid, styrene sulfonic acid, 2-(meth)acrylamide-2-methylpropane sulfonic acid, 2-(meth)acryloylethane sulfonic acid, 2-(meth)acryloylpropane sulfonic acid, and 2-hydroxyethyl(meth)acryloyl phosphate; amide group-containing unsaturated monomers such as (meth)acrylamide, N-ethyl(meth)acrylamide, and N,N-dimethyl(meth)acrylamide; amino group-containing unsaturated monomers such as N,N-dimethylaminoethyl(meth)acrylate, N,N-dimethylaminopropyl(meth)acrylate, and N,N-dimethylaminopropyl(meth)acrylamide; mercapto group-containing unsaturated monomers; phenolic hydroxyl group-containing unsaturated monomers; lactam group-containing unsaturated monomers such as N-vinylpyrrolidone; and the like” [paragraph 0111], which are water-soluble ethylenic unsaturated monomers [see, e.g., paragraph 0006: “Examples of a main method for producing the water-absorbent resin in powder form or particle form include an aqueous solution polymerization method and a reverse phase suspension polymerization method. In particular, in the aqueous solution polymerization method, as illustrated in FIG. 8, normally, many production steps, such as a polymerization step of performing aqueous solution polymerization of a water-soluble ethylenic unsaturated monomer,…”]. Additionally, the reference teaches “[i]n the method for producing the water-absorbent resin powder, an internal crosslinking agent is preferably used. By the internal crosslinking agent, the fluid retention performance of the obtained water-absorbent resin, the gel strength thereof at the time of water absorption, and the like are adjusted. The internal crosslinking agent only needs to have two or more unsaturated bonds or reactive functional groups in total within one molecule thereof. Examples of an internal crosslinking agent having a plurality of polymerizable unsaturated groups (that are polymerizable with the monomer) within the molecule thereof include N,N-methylene bis(meth)acrylamide, (poly)ethylene glycol di(meth)acrylate, (poly)propylene glycol di(meth)acrylate, trimethylol propane tri(meth)acrylate, glycerin (meth)acrylate, glycerin acrylate methacrylate, ethylene oxide-modified trimethylol propane tri(meth)acrylate, pentaerythritol hexa(meth)acrylate, triallyl cyanurate, triallyl isocyanurate, triallyl phosphate, and the like. Examples of an internal crosslinking agent having a plurality of reactive functional groups (that can react with a functional group (for example, a carboxy group) of the monomer) within the molecule thereof include triallylamine, polyallyloxy alkane, (poly)ethylene glycol diglycidyl ether, glycerol diglycidyl ether, ethylene glycol, polyethylene glycol, propylene glycol, glycerin, 1,4-butanediol, pentaerythritol, ethylenediamine, ethylene carbonate, propylene carbonate, polyethyleneimine, and the like (here, a cyclic carbonate such as ethylene carbonate and the like is a crosslinking agent that reacts with a carboxyl group, thereby further generating a functional group OH). Examples of an internal crosslinking agent having a polymerizable unsaturated group and a reactive functional group within the molecule thereof include glycidyl (meth)acrylate and the like. Two or more of them may be used in combination” [paragraphs 0124 & 0125]. The polyglycerin fatty acid esters correspond to the additive of formula 1 as evidenced by Younes et al, which discloses that polyglycerol esters of fatty acids, PEFA, (or, alternatively, polyglycerin fatty acid esters) have the general structural formula:
PNG
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201
445
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Greyscale
Additionally, the reference teaches “[i]n the case of using an acrylic acid and an acid group-containing unsaturated monomer having an acid group such as a carboxyl group or the like among the above monomers, a neutralized salt obtained by neutralizing a part or the entirety of the acid group can be used. In this case, a salt of the acid group-containing unsaturated monomer is preferably a salt with monovalent cations, more preferably at least one salt selected from an alkali metal salt, an ammonium salt, and an amine salt, further preferably an alkali metal salt, even further preferably at least one salt selected from a sodium salt, a lithium salt, and a potassium salt, and particularly preferably a sodium salt” [paragraph 0116].
With respect to claims 3 and 11, Watabe et al discloses “[t]he addition amount of the gel fluidizer is set as appropriate in accordance with the moisture content of the hydrous gel or the particulate hydrous gel, or the type of the gel fluidizer. The addition amount with respect to the solid content of the hydrous gel is preferably 0.001% by mass to 0.5% by mass, more preferably 0.01% by mass to 0.3% by mass, and further preferably 0.02% by mass to 0.2% by mass” [paragraph 0157].
With respect to claims 4 and 19, Watabe et al discloses “[t]he method for producing water-absorbent resin powder according to the present invention includes a polymerization step, a gel-crushing step (performed simultaneously with or separately from polymerization), a heating drying step, a post-crosslinking step (performed simultaneously with or separately from drying), and a sizing step (performed after drying and/or after post-crosslinking). This production method further includes a cooling step. In addition, this production method preferably includes a step of preparing a monomer aqueous solution, a step of adding various additives…[e]xamples of the additive 48 to be added to the particulate hydrous gel include not only the aforementioned gel fluidizer and polymer lubricant but also a post-crosslinking agent (surface-crosslinking agent)…” [paragraphs 0105 & 0232].
With respect to claims 5 and 6, while Watabe et al does not disclose the vortex method of the instant application, since the composition of the reference is the same or similar to that of the instant application as discussed above, it is expected, absent evidence to the contrary, that the absorption rate of the composition is the same or similar as well. For example, note that Watabe et al discloses “[t]he CRC (centrifuge retention capacity) of the particulate hydrous gel before drying, in terms of dry weight, is preferably 5 g/g to 80 g/g” [paragraph 0258], which overlaps the range required in instant claim 6. That is, if the superabsorbent polymers are similar in composition and have similar water retention capacities, it is obvious that they may have similar absorption rates.
With respect to claim 7, Watabe et al discloses “[t]he AAP (fluid retention capacity under load) of the water-absorbent resin (water-absorbing agent) is preferably not less than 15 g/g, more preferably not less than 20 g/g, further preferably not less than 22 g/g, particularly preferably not less than 23 g/g, and most preferably not less than 24 g/g” [paragraph 0348], wherein “[t]he AAP (fluid retention capacity under load) of a water-absorbent resin was measured according to the EDANA method (ERT442.2-02). Measurement was taken with its load condition changed to 4.83 kPa (0.7 psi)” [paragraph 0390].
With respect to claim 9, Watabe et al discloses batch drying processes in paragraphs 0237, 0240, 0241, 0243. Consequently, batch processing is disclosed and a batch reactor would have been obvious to one of ordinary skill in the art.
With respect to claim 12-13 and 15, Watabe et al discloses “[t]his step is a step of grinding and finely granulating the crosslinked hydrogel polymer obtained in the polymerization step, simultaneously with and/or after polymerization, and is a step of grinding the crosslinked hydrogel polymer by a screw extruder such as a kneader, a meat chopper, and the like” [paragraph 0150] and “[a]s the screw extruder, a meat chopper having a screw shaft outer diameter of 86 mm and provided with a porous plate having a diameter of 100 mm, a pore diameter of 8.0 mm, and a thickness of 10 mm at an end portion, was used” [paragraph 0394]. Said screw extruder renders obvious the micronizer of claims 12 and 13.
With respect to claim 14, Watabe et al discloses “[t]he adjustment of the neutralization ratio may be performed before initiation of a polymerization reaction of the acid group-containing unsaturated monomer, may be performed during a polymerization reaction of the acid group-containing unsaturated monomer, or may be performed on a hydrous gel crosslinked polymer obtained after end of the polymerization reaction of the acid group-containing unsaturated monomer. In addition, the neutralization ratio may be adjusted at any one stage selected from among: before initiation of the polymerization reaction; during the polymerization reaction; and after end of the polymerization reaction” [paragraph 0122]. The disclosure of after end of polymerization renders obvious the gel crushing in the aforementioned screw extruder.
With respect to claims 16 and 17, Watabe et al discloses “[i]n the production method according to the present invention, a continuous stirring drying machine is used in the heating drying step…The continuous stirring drying machine is defined as a drying machine that includes a stirring means for causing a material to flow within the drying machine (for example, a stirring blade provided in the drying machine, or rotation of the drying machine itself) and one or more heating means…The stirring method and mode are not particularly limited, and only need to be a mode in which a particulate hydrous gel within the drying device is caused to flow by a stirring means such as a stirring blade, a rotary cylinder, and the like” [paragraphs 0174 & 0176].
With respect to claim 18, Watabe et al discloses “The surface-crosslinking agent is preferably added to the particulate crosslinked hydrogel polymer having a moisture content of 15 to 50% by mass” [paragraph 0246], which range overlaps the recited range.
Allowable Subject Matter
Claim 2 is 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 following is a statement of reasons for the indication of allowable subject matter: the MPEP states “[w]hen the prior art discloses a range which touches or overlaps the claimed range, but no specific examples falling within the claimed range are disclosed, a case by case determination must be made as to anticipation. In order to anticipate the claims, the claimed subject matter must be disclosed in the reference with ‘sufficient specificity to constitute an anticipation under the statute.’ What constitutes a ‘sufficient specificity’ is fact dependent. If the claims are directed to a narrow range, and the reference teaches a broader range, other facts of the case, must be considered when determining whether the narrow range is disclosed with ‘sufficient specificity’ to constitute an anticipation of the claims…The question of ‘sufficient specificity’ is similar to that of ‘clearly envisaging’ a species from a generic teaching. See MPEP § 2131.02,” and “[w]hen a claimed compound is not specifically named in a reference, but instead it is necessary to select portions of teachings within the reference and combine them, e.g., select various substituents from a list of alternatives given for placement at specific sites on a generic chemical formula to arrive at a specific composition, anticipation can only be found if the classes of substituents are sufficiently limited or well delineated. Ex parte A, 17 USPQ2d 1716 (Bd. Pat. App. & Inter. 1990). If one of ordinary skill in the art is able to ‘at once envisage’ the specific compound within the generic chemical formula, the compound is anticipated. One of ordinary skill in the art must be able to draw the structural formula or write the name of each of the compounds included in the generic formula before any of the compounds can be ‘at once envisaged.’ One may look to the preferred embodiments to determine which compounds can be anticipated. In re Petering, 301 F.2d 676, 133 USPQ 275.” In the instant case, clearly, the compounds represented by the formulas of claim 2 recite a narrower range than merely polyglycerin fatty acid ester. Additionally, Watabe et al does not disclose any substituents from a list of alternatives nor is there a list of preferred embodiments of the polyglycerin fatty acid ester. Consequently, it does not appear that the teaching of the polyglycerin fatty acid ester in Watabe et al is sufficiently specific to be anticipatory. Next, provided all the possible polyglycerin fatty acid esters, it is not clear that the ones recited in claim 2 would have been obvious to one of ordinary skill in the art.
Conclusion
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/BRIAN A MCCAIG/Primary Examiner, Art Unit 1772
15 September 2026
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