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 § 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.
Claim(s) 1-2, 4, 6-7, and 12-13 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Nie et al (CN101029095).
Nie sets forth single-component hydrogen-abstracting photoinitiators—see title, [0002], and [0010]. Nie sets forth the combination of benzophenone and amine into a single molecule or macromolecule through a chemical method, forming a class of single-component hydrogen-extraction type or macromolecular photoinitiators that can significantly improve their migration and odor problems—see [0010].
Nie explicitly sets forth an acrylated amine-modified benzophenone photoinitiator which is deemed to anticipate the instantly claimed compound represented by formula (I).
Nie sets forth a benzophenone-derivative having the formula:
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. This anticipates claims 1-2, 4, 6-7, 12-13 when PI is benzophenone (formula IV in [claim 1] and XIV in [claim 4], when Rc and R’C = H [claim 2]), L is a linker having 1 carbon atom; X is a linker having 2 carbon atoms [claim 6 when X is an alkylene –(CRsR’s)g-, where Rs and R’s is H, g is 2]; Y is -Z’-(OM,)m [claims 7 and 12-13]; Z and Z’ are linker having 2 carbon atoms; M and M’ are H [claim 12-13]; m and m’ are 1, n is 0; p is 1, q is 2 and all provisions are meet, wherein provision 3 is deemed met since n is 0 this no -L-[C(=O)-X]n moiety in the formula—compound 2.
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) 23-24, 28-29 and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nie et al as applied to claims 1-2, 4, 6-7, and 12-14.
Nie is set forth above as anticipating the instantly claimed photoinitiator compound of claims 1-2, 4, 6-7 and 12-14. The primary difference does not explicitly set forth a substrate as found in claim 31 or the processes and compositions of claims 23-4 and 28-29.
Regarding claims 23-24 and 28-29: Nei sets forth in example 1 a composition comprising a polyurethane acrylate oligomer; tripropylene glycol diacrylate; talc, barite powder, and dolomite powder and said photoinitiator of synthesis example 1; coating onto a substrate and curing by exposure to radiation to obtain a cured substrate—see [0105]. It would have been within the skill level of an ordinary artisan to obtain a coating composition [claim 28] comprising the compositions set forth in the examples [claim 24] comprising the photoinitiator of synthesis example 2:
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by coating said composition as described onto a substrate and exposing to radiation [claim 23 and 29] with a reasonable expectation as seen in the examples of Nie in absence or evidence to the contrary and/or expected results.
Regarding claim 31: Nei sets forth said single component hydrogen abstraction or macromolecular photoinitiator as set forth above have good reactivity, good surface curing ability, low migration, non-yellowing properties, and good solubility when used in composition and cured products thereof—see [0007] and [0008]. Nei, additionally, sets forth a cured coating polyurethane composition comprising the above described photoinitiators by exposure to radiation—see examples [0090]- [0137]. Nei additionally set forth said photoinitiators should be useful in known compositions used in food packaging materials—see [0006]. Thus, it is deemed claims 30 and 31 are obvious to a skilled artisan in absence of evidence to the contrary and/or unexpected results.
Allowable Subject Matter
Claims 3, 5, 11, 14, 16-22, and 25-27 are 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 an examiner’s statement of reasons for allowance: Nie does not expressly teach and/or render obvious the compounds as defined in claims 3, 5, 11, 14, 16, and 18-22. Nie additionally does not expressly set forth aqueous dispersions comprising said photoinitiator compounds. Nie does not set forth inkjet ink methods comprising said photoinitiators.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANZA L MCCLENDON whose telephone number is (571)272-1074. The examiner can normally be reached 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Riviere-Kelley can be reached at 571-270-1831. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SANZA L. McCLENDON/Primary Examiner, Art Unit 1765
SMc
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