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 .
Response to Amendment
The amendment dated 6/10/2026 has been considered and entered into the record. Claims 2, 3, and 6 have been cancelled. The cancellation of claim 6 obviates its previous objection. Claims 1, 4, 5, and 7–12 remain pending and are examined below.
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.
Claims 7–12 are 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. The rejected claims depend from now cancelled claims thereby making them indefinite. Each of the rejected claims will be examined as if they depend from independent claim 1.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 4, 5, and 7–12 are rejected under 35 U.S.C. 103 as being unpatentable over Tetsui (WO 2021/084954) in view of Tetsui (US 2020/0332048 A1) “Tetsui II,”and Watanabe (US 2020/0239972 A1). The Examiner relies upon the US version (US 2024/0109999 A1) of the WO document in this rejection.
Tetsui teaches a urethane resin composition that provides excellent hand feeling. Tetsui abstract. The urethane resin may be used in the production of artificial leather by its application to a substrate layer prior to the resin’s complete cure. Id. ¶¶ 55–58. The artificial leather may further comprise a skin layer, wherein the urethane resin acts as an adhesive between the skin and substrate layers. See id. ¶¶ 57–58. The urethane resin composition may include a nonionic group imparted by an oxyethylene structure-containing compound and water. Id. abstract, ¶¶ 18–19. The ratio between the urethane resin and water is the range of 50/50 to 80/20. Id. ¶ 8.
Tetsui fails to teach a flow start temperature of 100oC or above for the urethane resin.
Tetsui II teaches an aqueous resin composition that includes a urethane resin with a flow starting temperature of 50–155oC, wherein the resin exhibits excellent adhesiveness and resistance to moist heat without the need of a crosslinking agent. Tetsui abstract. The resin may be used in the production of synthetic leather. Id. ¶¶ 8, 80–82.
It would have been obvious to one of ordinary skill in the art to have modified the urethane resin of Tetsui to have a flow start temperature of 100oC or above based upon the teachings of Tetsui motivated by the desire to form a resin with excellent adhesiveness and moist heat resistance.
Tetsui fails to teach the addition of a powder to the polyurethane resin composition.
Watanabe teaches a coating agent for leather comprising an aqueous urethane resin and matting agent, wherein the coating agent provides the leather excellent wear resistance and antifouling properties. Watanabe abstract. Examples of the matting agent include silica and silicone powders. Id. ¶¶ 40–42.
It would have been obvious to the ordinarily skilled artisan to have added the silica or silicone powder matting agent of Watanabe to the urethane resin of Tetsui motivated by the desire to provide the resin with excellent wear resistance and antifouling properties.
Watanabe fails to teach the bulk density of the silica or silicone matting powder. Although Watanabe does not explicitly teach the claimed feature of a powder bulk density of 400g/L or less, it is reasonable to presume that the claimed density is inherent to Watanabe. Support for said presumption is found in the use of like materials (i.e. silica and silicone powder). The burden is upon Applicant to prove otherwise. In re Fitzgerald 205 USPQ 594. In addition, the presently claimed property of a powder bulk density of 400g/L or less would obviously have been present one the Watanabe product is provided. Note In re Best, 195 USPQ at 433, footnote (CCPA 1977) as to the providing of this rejection made above under 35 USC 102. Reliance upon inherency is not improper even though rejection is based on Section 103 instead of Section 102. In re Skoner, 517 F.2d 947 (CCPA 1975).
Response to Arguments
Applicant's arguments filed 6/10/2026 have been fully considered but they are not persuasive.
Applicant argues that the applied prior art fails to disclose or suggest a urethane resin composition of the claimed invention. In particular, Applicant argues that Watanabe fails to teach the bulk density of the silica or silicone matting powder and that it is unreasonable to presume that the powder of the prior art possesses the claimed property of having a bulk density of the powder that is 400 g/L or less. Watanabe teaches a coating agent for leather comprising an aqueous urethane resin and matting agent, such as matting agent include silica and silicone powders. Watanabe abstract, ¶¶ 40–42. Examples of the silica powder available in Watanabe include those from the SYLYSIA® line. Id. ¶¶ 42, 103, 116, Table 2. Example 1 uses SYLYSIA® 550. Id. ¶ 103. As shown in the accompanying documents, SYLYSIA® powder, including SYLYSIA® 550 have bulk densities of less than 400 g/L. Accordingly, it is reasonable to presume that the silica powders of Watanabe possess the claimed bulk density. See Suzuki Table 1; Sylysia 550.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW D MATZEK whose telephone number is (571)272-5732. The examiner can normally be reached M-F 9:30-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Boyd can be reached at 571.272.7783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW D MATZEK/Primary Examiner, Art Unit 1786
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