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 .
Information Disclosure Statement
The information disclosure statements (IDS) filed on 6/18/2024 and 3/3/2026 have been considered by the Examiner.
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.
Claims 12-15, 19-24, 33, and 34 are rejected under 35 U.S.C. 102(a) as being anticipated by Tanaka et al., JP 2007277497 (“Tanaka”) (machine translation provided herewith). Kan et al., US 2026/0132245 (“Kan”) is relied upon as an evidentiary reference for claims 19, 20, and 24.
Regarding claims 12, 21, and 33, Tanaka discloses a water-based coating composition comprising an aqueous polyester dispersion comprising a polyester resin, an organic solvent A, and an aqueous medium [0001, 0009, 0010, 0027, 0035]. The polyester resin and aqueous medium correspond to the claimed polyester resin (A) and aqueous medium (C).
The organic solvent A is a solvent that can dissolve or swell the polyester resin and may be, inter alia, triethylene glycol monobutyl ether [0029]. While Tanaka is silent regarding the Hansen solubility parameters of triethylene glycol monobutyl ether, it is noted that the instant specification discloses that triethylene glycol monobutyl ether has the following Hansen solubility parameters: δd = 16.2, δp = 6.1, and δh = 9.1 [0040]. As such, the triethylene glycol monobutyl ether of the composition taught by Tanaka corresponds to the claimed coalescing aid (B) recited in claims 12 and 21. The disclosed coating composition corresponds to the water-based coating agent recited in claim 33.
Regarding claim 13, Tanaka teaches that the polyester resin has an ionic group concentration of 5 to 30 mg KOH/g and an ionic group derived from a sulfo group at a concentration of 6 mg KOH/g or less [0010, 0025, 0026].
Regarding claim 14, Tanaka teaches the polyester has a chemical structure formed through polycondensation of a polycarboxylic acid component and a polyol component as claimed [0012, 0013, 0016, 0021].
Regarding claims 15 and 22, Tanaka teaches an example polyester resin (a-5) formed from a polycarboxylic acid component and a polyol component wherein the dicarboxylic acid comprises 58 mol% of terephthalic acid [0058, Table 1]. The example polyester resin (a-5) has a melting point (Tm) of 106 ˚C [0058, Table 1].
Regarding claims 19 and 20, Tanaka serves as objective evidence that triethylene glycol monobutyl ether has a boiling point of 271 ˚C [0014]
Regarding claims 23 and 24, Tanaka teaches an example polyester resin (a-5) formed from a polycarboxylic acid component and a polyol component wherein the dicarboxylic acid comprises 58 mol% of terephthalic acid [0058, Table 1]. The example polyester resin (a-5) has a melting point (Tm) of 106 ˚C [0058, Table 1]. Further, as is noted above, Tanaka teaches that the organic solvent A may be triethylene glycol monobutyl ether. The instant specification discloses that triethylene glycol monobutyl ether has a Hansen solubility parameter δd value of 16.2 [0039] which falls within the claimed range. Kan serves as objective evidence that triethylene glycol monobutyl ether has a boiling point of 271 ˚C [0014].
Regarding claim 34, Tanaka teaches a laminate formed by coating the polyester sheet with the disclosed coating composition [0055].
Claims 12, 18, 19, 25, 26, 32, and 33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kamo et al., JP 2006/274138A (“Kamo”) (machine translation provided herewith). Mizuochi et al., US 2026/0177922 (“Mizuochi”) is relied upon an evidentiary reference for claim 19.
Regarding claim 12, Kamo discloses water-based composition comprising an aqueous polyester dispersion comprising a polyester resin, a water-soluble organic solvent, and an aqueous medium [0001, 0009, 0017]. The polyester resin and aqueous medium of the disclosed composition correspond to the claimed polyester resin (A) and aqueous medium (C).
Kamo teaches that the water-soluble organic solvent may be, inter alia, propylene glycol monomethyl ether acetate [0017, 0018, 0040]. While Kamo is silent regarding the Hansen solubility parameters of propylene glycol monomethyl ether acetate, it is noted that the instant specification discloses that propylene glycol monomethyl ether acetate has the following Hansen solubility parameters: δd = 15.6, δp = 6.3, and δh = 7.7 [0040]. As such, the propylene glycol monomethyl ether acetate taught by Kamo corresponds to the claimed coalescing agent (B).
Regarding claim 18, the propylene glycol monomethyl ether acetate taught by Kamo has an acetate ester group.
Regarding claim 19, Mizuochi serves as objective evidence that propylene glycol monomethyl ether acetate has a boiling point of 146 ˚C [0367].
Regarding claims 25 and 26, Kamo teaches adhesive and paint composition comprising the disclosed water-based compositions [0001, 0002, 0028].
Regarding claims 32 and 33, Kamo teaches coatings and ink compositions comprising the disclosed water-based composition [0001, 0002, 0028].
Claims 12, 14, 16, 19, 20, 22, 26, and 33-35 are rejected under 35 U.S.C. 102(a) as being anticipated by Kashiwakura et al., US 2020/0062992 (“Kashiwakura”). Tokunaga et al., US 2026/0235956 (“Tokunaga”) is relied upon as an evidentiary reference for claims 19 and 20.
Regarding claim 12, Kashiwakura discloses an aqueous coating composition comprising a polyester resin, an organic solvent, and an aqueous medium [abstract, 0001, 0010, 0029, 0077, 0078]. The polyester resin and aqueous media correspond to the claimed polyester resin (A) and aqueous medium (C).
Kashiwakura teaches that dipropylene glycol monobutyl ether is a suitable organic solvent [0078]. While Kashiwakura is silent regarding the Hansen solubility parameters of dipropylene glycol monobutyl ether, it is noted that the instant specification discloses that dipropylene glycol monobutyl ether has the following Hansen solubility parameters: δd = 15.7, δp = 6.5, and δh = 10.0 [0040]. As such, the dipropylene glycol monobutyl ether of the composition taught by Kashiwakura corresponds to the claimed coalescing aid (B) recited in claim 12.
Regarding claims 14 and 16, Kashiwakura teaches that the polyester resin has a chemical structure formed through polycondensation of a polycarboxylic acid component and a polyol component wherein at least 60 mol% of the polycarboxylic acid component is an aromatic polycarboxylic acid [0049-0051].
Regarding claims 19 and 20, as is noted above, Kashiwakura teaches that the organic solvent component of the disclosed composition may be dipropylene glycol monobutyl ether. Tokunaga serves as objective evidence that dipropylene glycol monobutyl ether has a boiling point of 231 ˚C [0243] which falls within the claimed ranges.
Regarding claim 22, as is noted above, Kashiwakura teaches that the polyester resin has a chemical structure formed through polycondensation of a polycarboxylic acid component and a polyol component wherein at least 60 mol% of the polycarboxylic acid component is an aromatic polycarboxylic acid [0049-0051]. Additionally, Kashiwakura teaches that the organic solvent component of the disclosed composition may be dipropylene glycol monobutyl ether. Tokunaga serves as objective evidence that dipropylene glycol monobutyl ether has a boiling point of 231 ˚C [0243] which fall within the claimed range.
Regarding claim 26, Kashiwakura teaches that the disclosed composition may comprise a pigment [0089] and therefore may reasonably be interpreted as being a paint.
Regarding claim 33, Kashiwakura teaches that the disclosed aqueous composition is a coating material [abstract].
Regarding claims 34 and 35, Kashiwakura teaches coating a metal sheet with the disclosed composition and then forming it into part of a can (i.e., a container) [0106].
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 17 is rejected under 35 U.S.C. 103 as being unpatentable over Kamo as applied to claim 1 above.
Regarding claim 17, Kamo teaches that the disclosed composition may comprise 25 wt% or less of the water-soluble solvent component [0018] which encompasses, and therefore renders obvious, the claimed solvent content range (see MPEP 2144.05).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Kashiwakura as applied to claim 1 above.
Regarding claim 17, Kashiwakura teaches that the disclosed composition may comprise 1 to 45 wt% of the solvent component [0077] which encompasses or overlaps, and therefore renders obvious, the claimed solvent content range (see MPEP 2144.05).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEE E SANDERSON whose telephone number is (571)270-1079. The examiner can normally be reached M-F: 9:30AM to 7:00PM.
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/LEE E SANDERSON/ Primary Examiner, Art Unit 3991
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