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 .
The Office Action is in response to the application filed 05/03/2024.
Claim Analysis
Summary of Claim 1:
A method for preparing an aqueous dispersion of opacifying pigment-binder hybrid particles comprising the steps of a) contacting under aqueous emulsion polymerization conditions carboxylic acid functionalized core polymer particles with one or more first ethylenically unsaturated monomers to form an aqueous dispersion of core-shell polymer particles; b) chasing residual first ethylenically unsaturated monomers with a chasing agent; c) gradually adding to the dispersion of core-shell polymer particles under emulsion polymerization conditions i) second ethylenically unsaturated monomers from a first vessel; and ii) a base from a second vessel to form a dispersion of pigment-binder hybrid polymer particles; wherein the addition of the base is initiated after the onset of the addition of the second ethylenically unsaturated monomers, and completed before the completion of the addition of the second ethylenically unsaturated monomers; wherein step c) is carried out without inhibition of polymerization.
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 1-7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (WO 2021/225769 A1; hereafter as “Zhang”).
Regarding Claims 1 and 6, Zhang teaches a method of making an aqueous dispersion of binder coated multistage polymer particles which are useful as opacifiers and binders in paint formulations [Ex. 1; Claim 1; Pg. 6, Lines 18-27], corresponding to the method for preparing an aqueous dispersion of opacifying pigment-binder hybrid particles of Claim 1, comprising:
core particles comprised of an aqueous dispersion of particles comprising methacrylic acid [Ex. 1], corresponding to the carboxylic acid functionalized core polymer particles of Claim 1;
monomer emulsion 1 (ME1) comprises an aqueous dispersion of particles that are prepared in a kettle by mixing the core particles, methacrylic acid, styrene, DI water, and Disponil FES-32 emulsifier [Ex. 1; Claim 1], corresponding to contacting carboxylic acid functionalized core polymer particles with one or more first ethylenically unsaturated monomers of Claim 1;
wherein the presence of DI water and Disponil FES-32 emulsifier in the mixture will be interpreted to read on the aqueous emulsion polymerization conditions of Claim 1, step a);
then adding to the kettle t-butylhydroperoxide and isoascorbic acid [Ex. 1], corresponding to chasing residual first ethylenically unsaturated monomers with a chasing agent of Claim 1;
preparation of a monomer emulsion 2 (ME2) by adding to the kettle over the course of 60 min., methyl methacrylate, 2-ethylhexyl acrylate and Disponil FES-32 emulsifier, and then mixing [Ex. 1],
wherein the methyl methacrylate and 2-ethylhexyl acrylate correspond to the second ethylenically unsaturated monomers from a first vessel of Claim 1, and read on the methyl methacrylate and 2-ethylhexyl acrylate of Claim 6;
wherein the presence of Disponil FES-32 emulsifier will be interpreted to read on the emulsion polymerization conditions of Claim 1, step c);
separately producing a solution of NH4OH [Ex. 1], corresponding the base from a second vessel;
then adding the NH4OH solution to the kettle [Ex. 1], corresponding to wherein the addition of the base is initiated after the onset of the addition of the second ethylenically unsaturated monomers of Claim 1;
wherein adding the components of ME2 over the course of 60 min will be interpreted to read on gradually adding the second ethylenically unsaturated monomers and base, which is supported by the instant Specification which defines gradually as “on the order of from 15 minutes or from 30 minutes to 60 minutes” [instant Specification; Pg. 4, Lines 24-26].
Zhang is silent to inhibition of polymerization during the preparation of ME1 and ME2 [Ex. 1], so for the purposes of examination, will be interpreted as reading on wherein step c) is carried out without inhibition of polymerization of Claim 1. However, Zhang does not teach the addition of the base is completed before the completion of the addition of the second ethylenically unsaturated monomers of Claim 1.
Nevertheless, Zhang teaches the same method for preparing an aqueous dispersion of opacifying pigment-binder hybrid particles comprising the same steps of contacting the core particles with ethylenically unsaturated monomers, chasing with a chasing agent, adding the second ethylenically unsaturated monomers and base. The steps taught by Zhang also have the same purpose of producing core-shell polymer particles. It has been held selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results. Therefore, it would have been obvious to one of ordinary skill to select any order for the steps for the purposes of preparing the aqueous dispersion of opacifying pigment-binder hybrid particles. See MPEP section 2144.04.IV.C. Furthermore, while Zhang does not teach performing the simultaneous operation of the base with the second ethylenically unsaturated monomers of Claim 1, no invention is involved in the no invention is involved in the broad concept of performing simultaneously operations which have previously been performed in sequence. In addition, it has been held that the transposition of process steps or the splitting of one step into two, where the processes are substantially identical or equivalent in terms of function, manner and result, was held to be not patentably distinguish the processes. In this case, initiating the addition of the base after the addition of the second ethylenically unsaturated monomers and terminating the addition of the base before terminating the addition of the second ethylenically unsaturated monomers, is functionally equivalent to splitting one step into two. Thus, at least for the reasons set forth above, one of ordinary skill would have found the timing of starting and terminating the addition of the base relative to the addition of the monomers to be obvious.
Regarding Claims 2-5, Zhang further teaches:
core comprising from 20 to 60 weight percent structural units of a salt of a carboxylic acid monomer [Claim 1], which corresponds to wherein the carboxylic acid functionalized core comprises from 20 to 60 weight percent structural units of a carboxylic acid monomer of Claim 2, and which overlaps with from 30 to 40 weight percent structural units of a carboxylic acid monomer of Claim 3;
40 to 80 weight percent structural units of a nonionic monoethylenically unsaturated monomer, such as methyl methacrylate [Claims 1, 3], which corresponds to 40 to 80 weight percent structural units of a nonionic monoethylenically unsaturated monomer of Claim 2, and which overlaps with 60 to 70 weight percent structural units of a nonionic monoethylenically unsaturated monomer, wherein the nonionic monoethylenically unsaturated monomer is methyl methacrylate of Claim 3;
nonionic monoethylenically unsaturated monomers such as methyl methacrylate, styrene [Ex. 1; Claim 3], thereby reading on the methyl methacrylate and styrene of Claim 4;
a polymeric binder layer that has a Tg of not greater than 35 °C and comprises structural units of at least one monoethylenically unsaturated monomer, [Claim 1], which overlaps with wherein the second ethylenically unsaturated monomers form a binder layer with a Tg in the range of from -20 °C to 35 °C of Claim 5;
wherein Tg refers to the glass transition temperature as calculated by the Fox equation [Pg. 4, Lines 18-21], which corresponds to the calculated Tg of Claim 5, as supported by the instant Specification which discloses “calculated Tg refers to the glass transition temperature as calculated by the Fox equation” [instant Specification; Pg. 3, Lines 21-22].
However, Zhang does not explicitly teach from 30 to 40 weight percent structural units of a carboxylic acid monomer of Claim 3, 60 to 70 weight percent structural units of a nonionic monoethylenically unsaturated monomer of Claim 3, and wherein the second ethylenically unsaturated monomers form a binder layer with a Tg in the range of from -20 °C to 35 °C of Claim 5.
Nevertheless, one of ordinary skill in the art at the time the invention was made would have considered the invention to have been obvious because the range taught by Zhang for amount of carboxylic acid monomer of Claim 3 (20-60 wt. %), amount of nonionic monoethylenically unsaturated monomer of Claim 3 (40-80 wt. %), and Tg of Claim 5 (≤ 35 °C) overlaps the instantly claimed ranges (30-40 wt. %, 60-70 wt. %, and -20-35 °C, respectively) and is therefore considered to establish a prima facie case of obviousness. It would have been obvious to one of ordinary skill in the art to select any portion of the disclosed ranges including the instantly claimed ranges from the ranges disclosed in the prior art reference, MPEP 2144.05.
Regarding Claim 7, Zhang further teaches:
424.2 g styrene [Ex. 1], which is equivalent to 76 wt. % styrene (
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424.2
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424.2
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112
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=
76
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%
), which corresponds with from 70 to 94 weight percent styrene of Claim 7;
112 g acrylonitrile [Ex. 1], which is equivalent to 20 wt. % acrylonitrile (
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424.2
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=
20
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%
), which corresponds with from 2 to 25 weight percent acrylonitrile of Claim 7;
7 g methacrylic acid [Ex. 1], which is equivalent to 1.3 wt. % methacrylic acid (
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), which corresponds with from 0.5 to 3 weight percent methacrylic acid of Claim 7;
14 g divinyl benzene [Ex. 1], which is equivalent to 2.5 wt. % divinyl benzene (
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), which corresponds with rom 0.5 to 5 weight percent of a diethylenically unsaturated monomer of Claim 7.
Regarding Claim 9, Zhang further teaches:
monomer emulsion 2 (ME2) further comprises acetoacetoxyethyl methacrylate and methacrylic acid [Ex. 1; Claim 2], which corresponds to the acetoacetoxyethyl methacrylate and carboxylic acid, respectively, of Claim 9;
after the completion of the ME2 mixture, the solutions were stopped, and then the mixture was held for 5 min at 80-86 °C, before addition of the NH4OH solution to the kettle [Ex. 1]; and
wherein the NH4OH solution [Ex. 1] reads on wherein the base is NH4OH of Claim 9.
Zhang does not explicitly teach the duration of time the solutions were stopped after the completion of the ME2 mixture, and thus does not explicitly teach the when the base was added to the mixture.
Nevertheless, the solutions were stopped for some duration of time. For the purposes of examination, the 5 min at 80-86 °C + the duration of time the solutions were stopped will be interpreted to be ≥5 min between the time the monomers were added to the kettle and when the NH4OH solution was added, which overlaps with wherein the addition of base is initiated between 15 and 60 minutes after the onset of addition of the second ethylenically unsaturated monomers of Claim 9.
However, Zhang does not explicitly teach wherein the addition of base is initiated between 15 and 60 minutes after the onset of addition of the second ethylenically unsaturated monomers of Claim 9.
Nevertheless, one of ordinary skill in the art at the time the invention was made would have considered the invention to have been obvious because the range taught by Zhang for time between adding the second ethylenically unsaturated monomers and adding the base (≥5 min) overlaps the instantly claimed range (15-60 min) and is therefore considered to establish a prima facie case of obviousness. It would have been obvious to one of ordinary skill in the art to select any portion of the disclosed ranges including the instantly claimed ranges from the ranges disclosed in the prior art reference, MPEP 2144.05.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (WO 2021/225769 A1; hereafter as “Zhang” in view of Kowalski et al. (US 4427836 A; hereafter as “Kowalski”).
Zhang teaches the method for preparing an aqueous dispersion of opacifying pigment-binder hybrid particles, carboxylic acid functionalized core polymer particles with one or more first ethylenically unsaturated monomers, chasing agent, second ethylenically unsaturated monomers, and base of Claim 1 as set forth above and incorporated herein by reference.
Zhang further teaches:
methyl methacrylate [Ex. 1; Claim 1], corresponding to the methyl methacrylate of Claim 8;
styrene [Ex. 1; Claim 2], corresponding to the styrene of Claim 8; and
trimethylolpropane trimethacrylate [Pg. 5, Lines 4-7], corresponding to the trimethylolpropane trimethacrylate of Claim 8.
However, Zhang does not explicitly teach the amounts required by Claim 8.
Nevertheless, Kowalski teaches a polymeric core-sheath particle dispersion that is useful in coating compositions as an opacifying agent [Abstract], comprising a monomer emulsion consisting of:
169 parts by weight of methyl methacrylate (MMA) [Ex. 14];
216 parts by weight of styrene [Ex. 14];
43 parts by weight butyl methacrylate (BMA) [Ex. 14];
4.4 parts by weight methacrylic acid (MAA) [Ex. 14];
Which is equivalent to a methyl methacrylate and styrene weight ratio of 78 wt. % (
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=
78
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%
), which corresponds with methyl methacrylate and styrene at a weight-to-weight ratio of from 35:65 to 55:45 (which is equivalent to 54-122 wt. %) of Claim 8; and
Which is equivalent to 88 wt. % methyl methacrylate and styrene with respect to all the ethylenically unsaturated monomers (
169
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=
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%
), which is substantially close to wherein methyl methacrylate and styrene comprise at least 90 weight percent of the first ethylenically unsaturated monomers of Claim 8; and
0.1% to about 3% trimethylolpropane trimethacrylate [Col. 6, Lines 1-4], which corresponds with from 0.5 to 5 weight percent trimethylolpropane trimethacrylate of Claim 8.
Kowalski offers the motivation that the polymeric core-sheath particle dispersion introduces microvoids which opacify the final product and increases the hiding power of the pigmented composition [Ex. 19].
Zhang and Kowalski are considered to be analogous art as the claimed invention, as all are in the same field of preparing aqueous dispersion of opacifying core-shell particles [Kowalski; Ex. 0], ammonium hydroxide [Kowalski; Ex. 1], carboxylic acid monomer in the core and sheath [Kowalski; Col. 18, Lines 56-59], acrylonitrile [Kowalski; Col. 20, Line 51-52], divinyl benzene [Kowalski; Ex. 7], binder [Kowalski; Ex. 9], and wherein the preparation in carried out in the absence of inhibition of polymerization.
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the amounts of methyl methacrylate, styrene, and trimethylolpropane trimethacrylate of Kowalski with the aqueous dispersion of binder coated multistage polymer particles of Zhang, with the motivation to improve the composition opacity, thereby arriving at the claimed invention.
However, Zhang and Kowalski do not explicitly teach wherein methyl methacrylate and styrene comprise at least 90 weight percent of the first ethylenically unsaturated monomers of Claim 8.
Nevertheless, Kowalski teaches 88 wt. % of methyl methacrylate and styrene [Ex. 14]. The amount of 88 wt. % as taught by Kowalski is substantially close to the lower range of 90 wt. % as required by the instant claims. One of ordinary skill would have expected compositions that are in such close proportions to those in prior art to be prima facie obvious and to have the same properties. Titanium Metals Corp., 227 USPQ 773 (CA FC 1985). See MPEP 2144.05. Therefore, it would have been obvious to one of ordinary skill in the art to expect the amount of 88 wt. % as taught by Kowalski would result in the same properties as the claimed range of 90 wt. % thereby rendering the claimed range obvious.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DORIS LING whose telephone number is (571)270-3961. The examiner can normally be reached Monday-Friday, 8:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ARRIE LANEE REUTHER can be reached on (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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/DORIS LING/Examiner, Art Unit 1764
/ARRIE L REUTHER/Supervisory Primary Examiner, Art Unit 1764
