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 § 102/35 USC § 103
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.
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) 1-2 and 4-15 is/are rejected under 35 U.S.C. 102(a1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Beck et al (US2015/0191620).
Beck sets forth fast-drying radiation-curable coating compositions. Said composition comprises 2 to 50 weight % of (A) at least one polyfunctional (meth)acrylate having a molecular weight of not more than 1000 g/mol and a functionality of at least four, 5 to 90 weight % of (B) at least one mono-functional alkyl(meth)acrylate, 2 to 50 weight % of (C) at least one urethane(meth)acrylate which has at least one free isocyanate group and at least one (meth)acrylate group, 1 to 40 weight % of (D) at least one polyfunctional (meth)acrylate having a molecular weight of more than 1000 g/mol and a functionality of at least five, 0 to 50 weight % of (E) optionally, at least one solvent selected from the group consisting of hydrocarbons, ketones, esters, alkoxylated alkanoic acid alkyl esters, ethers, and mixtures thereof, 0 to 10 weight % of (F) optionally, at least one amine and/or alcohol, 0 to 8 weight % of G) optionally, at least one photoinitiator, and 0 to 15 weight % of (H) optionally, at least one paint auxiliary, wherein (A) to (H) total 100 wt. % —see [0016] and [0021] to [0028].
Beck explicitly teaches component (A) comprises (meth)acrylates of the corresponding polyfunctional alcohols having a functionality of at least four—see [0031]. Beck explicitly teaches component (A) can be selected from the group consisting of ditrimethylolpropane tetraacrylate, pentaerythritol tetraacrylate, and dipentaerythritol hexaacrylate, which may optionally in each case be one to twenty ethoxylated, propoxylated, or mixtures of ethoxylated and propoxylated; the compound in question is more specifically pentaerythritol tetraacrylate—see [0033]. It is deemed component (A) as set forth by Beck in section [0033] meets conditions i.) to iii.) in claim 1. Thus, component (A) set forth by Beck corresponds to claimed component (Aa).
Beck explicitly sets forth component (B) comprises a monofunctional alkyl(meth)acrylate which as a homopolymer has a glass transition temperature of not more than 0 deg. C and a boiling point of at least 140 deg. C. Beck explicitly teaches component (B) is selected from the group consisting of ethyl acrylate, propyl acrylate, isopropyl acrylate, n-butyl acrylate, n-hexyl acrylate, n-octyl acrylate, 2-ethylhexyl acrylate, 3-propylheptyl acrylate, n-decyl acrylate, lauryl acrylate, n-pentyl methacrylate, n-octyl methacrylate, n-decyl methacrylate, and lauryl methacrylate, wherein n-butyl(meth)acrylate, 2-ethylhexyl acrylate, or 3-propylheptyl acrylate are preferable—see [0034] – [0038]. Thus, component (B) set forth by Beck corresponds to claimed component (Ab).
Beck explicitly sets forth component (C) specifically is a urethane(meth)acrylate, which has at least one free isocyanate group and at least one (meth)acrylate group, preferably (C) has at least two isocyanate groups and at least two (meth) acrylate groups—see [0040]; [0041], and [0045]. Beck teaches component (C) comprises a compound having the formula:
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--see [0040]. Thus, component (C) set forth by Beck corresponds to claimed component (Ba), wherein said formula comprises allophanate moieties.
Beck explicitly sets forth component (D) is selected from the group consisting of polyester(meth)acrylates, epoxy(meth)acrylates, and urethane(meth)acrylates, specifically from polyester(meth)acrylates and urethane(meth)acrylates, and more specifically it is a urethane(meth)acrylate [0091]. Beck explicitly teaches said polyester (meth) acrylates are (meth)acrylates of polyester polyols having the corresponding desired functionality, wherein Beck sets forth diols and triol—see [0092] – [0097]. Beck explicitly teaches said urethane (meth) acrylate is a reaction product of component (C) as set forth in WO/0039183 with a compounding having precisely one isocyanate reactive group and at least two, very specifically two to three (meth) acrylate groups [0113].
Beck explicitly teaches component (E) is at least one solvent selected from the group consisting of hydrocarbons, ketones, esters, alkoxylated alkanoic acid alkyl esters, ethers, and mixtures thereof—see [0116]. Said solvent (E) corresponds to applicant’s component (C).
Beck explicitly teaches component (F) is a photoinitiator such as phosphine oxides, benzophenones, a-hydroxyalkyl aryl ketones, thioxanthones, anthraquinones. acetophenones, benzoins and benzoin ethers, ketals, imidazoles, or phenyl glyoxylic acids—see [0130] and [0132]. Component (F) corresponds to applicant’s claimed component (Da). Beck explicitly sets forth said compositions may also comprise stabilizers such as UV absorbers in combination with radical scavengers, wherein said stabilizers are present in amounts from 0.1 to 5.0 wt. % based on the solid components—see [0156].
Regarding claims 1 and 10-11: Per example 1: Beck sets forth a composition comprising 67 parts of a high-functionality aliphatic urethane (meth) acrylate comprising 20 wt. % n-butyl acetate (UA 9050, functionality 8); 33 parts of 2-ethylhexyl acrylate; 0.2 parts of a defoamer (EFKA 2010); 0.3 parts of a flow agent (EFKA3299); 0.5 parts of Tinuvin 292 (UV absorber); 1.3 parts of Irgacure 754 (photoinitiator); and 0.3 parts of Lucirin TPO (photoinitiator), wherein n-butyl acetate (an aprotic solvent) is added to adjust the viscosity, wherein the composition is free of free hydroxyl groups and therefore the ration of hydroxyl to isocyanate is deemed to be 0—see [0193]. While this composition does not explicitly set forth the addition of component (A) as set forth in the overall teachings, i.e., the polyfunctional (meth) acrylate having a functionality of at least 4—see [0031]. It is deemed Beck explicitly teach, in the overall teachings, “in the case where the urethane (meth) acrylate is used as component (D), the urethane (meth) acrylate are obtained as mixtures of the compounds (A) and (D) and so may be introduced already as a mixture into the coating composition—see [0115]. Thus, from the overall teachings in the reference, it is deemed example 1 inherently comprises required component (A), as set forth in sections [0115] and [0113]. Thus, claims 1 and 10-11 are anticipated.
In the alternative, where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 124 (CCPA 1955). It is deemed the overall teachings sufficiently specify to a skilled artisan that components (A) and (D) are required ([0021]; [0024]; [0158] and [0151]), as well as, where the urethane (meth) acrylate is used as component (D), the urethane (meth) acrylate is obtained as mixtures of the compounds (A) and (D) and so may be introduced already as a mixture into the coating composition.
Regarding claim 2: It is deemed Beck sets forth an embodiment in which the composition would inherently comprise polyisocyanate compound not having (meth) acrylate groups. Beck sets forth an embodiment where required component (C) corresponding to claimed component (Ba) is the reaction product of at least one (cyclo) aliphatic diisocyanate or polyisocyanate (C1)] with at least one compound (C2) having at least one isocyanate-reactive group and at least one (meth)acrylate group and also optionally with at least one compound (C3) having at least two isocyanate-reactive groups—see [0050] – [0053]. There should inherently be at least minor amounts of residual isocyanates corresponding to (Bb) in said reaction product.
Regarding claim 4: It is deemed the 2-ethylhexyl acrylate is an aliphatic UV reactive monomer.
Regarding claims 5-7: Beck explicitly teaches compound (C) which corresponds to claimed component (B1) is a compound having the formula
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.
Regarding claim 8: Example 1 sets forth the use of a flow agent corresponding to Ea.
Regarding claim 9: Beck explicitly teaches the compositions are curable by exposure to radiation having a wavelength range from 250 to 400 nm (UVA 315-400)—see [0185]. Thus, claim 9 is sufficiently encompassed by Beck.
Regarding claims 12-13: Beck explicitly teaches coating example 1 onto a plastic substrate coated with a waterborne basecoat and irradiated by exposure to radiation to obtain a cured coating layer—see [0194] – [0195].
Regarding claims 14-15: Beck explicitly teaches the coating compositions can be used as clearcoats in the sector of automotive refinishing or large-vehicle finishing—see [0169].
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beck as applied to claims 1-2 and 4-15 above.
Beck is set forth above as anticipating the invention of claims 1-2 and 4-15. Beck does not explicitly set forth a composition where resin (Aa) is one or more of a resin selected from the group consisting of aliphatic urethane (meth)acrylates, aliphatic polyester (meth)acrylates and aliphatic urethane group containing (meth)acrylic resins which meet provisions i); ii) and iii).
However, Beck explicitly teaches component (D) comprises one or more polyfunctional (meth)acrylates selected from the group consisting of polyester(meth)acrylates, epoxy(meth)acrylates, and urethane(meth)acrylates, specifically from polyester(meth)acrylates and urethane(meth)acrylates [0090] and [0091]. Additionally, Beck explicitly teaches said polyester (meth) acrylates are (meth)acrylates of polyester polyols having the corresponding desired functionality, wherein Beck sets forth diols and triol, i.e., understood to comprise from 2 to 3 acrylate functional groups—see [0092] – [0097].
Thus from the overall teachings of the reference it would have been with in the skill level of an ordinary artisan to add a polyester (meth) acrylate resin having 2 or 3 (meth) acrylate groups as component (D), alone or in combination with said polyurethane (meth) acrylate from the overall teachings of the reference with a reason expectation of obtaining a coating composition having high scratch resistance, high flexibility, and low solvent demand in absence of evidence to the contrary and/or unexpected results.
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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/SANZA L. McCLENDON/Primary Examiner, Art Unit 1765
SMc
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