DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Status of Claims
Claims 1-20 are pending.
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 7-9 and 11-12 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.
Claim 7 recites that group R2 can be a monovalent group. However, as drawn in Formula (I), R2 is at least divalent.
Claims 8-9 and 11-12 are rejected as being dependent on indefinite claim 7.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 1, 5-12, and 15 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Japanese Publication H11-116895 to Otsuki (herein Otsuki, see machine translation).
Regarding claim 1, Otsuki teaches a metal can suitable for hair dyes having a coating formed on the interior (paragraph 0001). Otsuki teaches that the coating composition comprises a polyester-based component containing an imidic acid and an alkyl titanate at a ratio of 0.5-5 parts by weight of the alkyl titanate per 100 parts by weight of the polyester-based component (paragraph 0006). Otsuki teaches that the polyester can have, in addition to 30-60 wt% of the imidic acid (paragraph 0006), acid components based on terephthalic acid and isophthalic acid and alcohol components based on diols such as ethylene glycol and trivalent alcohols such as tris-2-hydroxyethyl isocyanurate (herein THEIC) (paragraph 0010). The inventive examples of Otsuki show that combinations of the components are contemplated by Otsuki, notably the polyester of Example 1 contains 43.5wt% of the imidic acid component, 30% THEIC, 17.3% terephthalic acid, and 9.3% ethylene glycol (paragraph 0019). Examiner also notes that THEIC meets the requirements of the one or more heterocyclic groups recited in instant claim 1. Otsuki teaches that the ratio of total alcohol to total acid is in the range of 1.5 to 2.0 (paragraph 0011). Otsuki also teaches that the alkyl titanate is a tetraalkyl titanate and is present as an esterification catalyst (paragraph 0012). Otsuki teaches that the coating composition contains 5-50 wt% of the polyester-based component and the alkyl titanate and 95-50 wt% of a solvent such as N-methylpyrrolidone or dimethylformamide and/or xylene- or naphtha-based solvents (paragraph 0015). Otsuki also teaches that other components such as phenol resin or amino resin can be included in an amount of 0.1 to 25 wt% (paragraph 0016).
Regarding claim 5, Otsuki teaches all the limitations of claim 1 as discussed above.
Otsuki teaches that the can is suitable to dispense hair dye (paragraph 0001).
Regarding claims 6-9, Otsuki teaches all the limitations of claim 1 as discussed above.
As discussed above, Otsuki teaches the use of THEIC in the polyester (paragraph 0010) which has a six-membered ring with three nitrogen atoms and three carbon atoms of carbonyl groups, which meets the limitations depicted in Formula (I) if R1 is a hydroxyethyl group and R2 is a hydroxyethyl with the oxygen positioned away from the ring and part of an ester linkage and n is 1, has a molecular weight of 261.34 g/mol.
Regarding claim 10, Otsuki teaches all the limitations of claim 1 as discussed above.
As discussed above, Otsuki teaches that the polyester can have, in addition to 30-60 wt% of the imidic acid (paragraph 0006), acid components based on terephthalic acid and isophthalic acid and alcohol components based on diols such as ethylene glycol and trivalent alcohols such as THEIC (paragraph 0010).
Regarding claims 11 and 12, Otsuki teaches all the limitations of claim 7 as discussed above.
The inventive examples of Otsuki show that combinations of the components are contemplated by Otsuki, notably the polyester of Example 1 contains 43.5wt% of the imidic acid component, 30% THEIC, 17.3% terephthalic acid, and 9.3% ethylene glycol (paragraph 0019).
Regarding claim 15, Otsuki teaches all the limitations of claim 1 as discussed above.
As discussed above, Otsuki teaches that the alkyl titanate is a tetraalkyl titanate and is present as an esterification catalyst (paragraph 0012).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claim 13 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Otsuki as applied above and in view of U.S. Pre-grant Publication 2010/0221442 to Adachi et al. (herein Adachi).
Regarding claim 13, Otsuki teaches all the limitations of claim 1 as discussed above.
Otsuki is silent as to the hydroxyl number of the resin composition.
Adachi teaches a polyester resin composition containing hydroxyl and carboxyl groups (paragraph 0042). Adachi further teaches that this resin composition has a hydroxyl value 100 to 200 mg KOH/g (paragraph 0049).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the resin composition of Otsuki to have a hydroxyl number in the range taught by Adachi because a hydroxyl value of less than 100 mg KOH/g leads to poor curing properties (paragraph 0049).
Claims 14 and 16-18 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Otsuki as applied above.
Regarding claims 14 and 16-17, Otsuki teaches all the limitations of claim 1 as discussed above.
Otsuki teaches that the coating composition comprises a polyester-based component containing an imidic acid and an alkyl titanate at a ratio of 0.5-5 parts by weight of the alkyl titanate per 100 parts by weight of the polyester-based component (paragraph 0006). Otsuki also teaches that other components such as phenol resin or amino resin can be included in an amount of 0.1 to 25 wt% (paragraph 0016). Combining these teachings yields an amount of polyester that overlaps the claimed range. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. MPEP 2144.05 (I). Otsuki teaches that the alkyl titanate is a tetraalkyl titanate and is present as an esterification catalyst (paragraph 0012).
Regarding claim 18, Otsuki teaches all the limitations of claim 1 as discussed above.
The inventive examples of Otsuki have a coating thickness of 10 microns (paragraph 0023). Although Otsuki does not explicitly teach coating the can with a thermosetting resin with a thickness of 10 microns, one of ordinary skill in the art would recognize that heating the coating to cure it implies that it is a thermosetting resin. Also, one of ordinary skill in the art would understand that the coating thickness used on the test plate would easily translate to the coating thickness of the can, and as such, would meet the limitations of the claim.
Claims 1-12 and 14-18 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over U.S. Patent 5,750,223 to Tada et al. (herein Tada) in view of Otsuki.
Regarding claim 1, Tada teaches an aerosol container wherein the inner surface is coated with a thermosetting polyamideimide material and an epoxy curing agent (abstract). Tada teaches that the container is a monoblock can of aluminum (Col 4, line 28) and that the coating is spray applied (Col 9, line 41). Tada teaches that the aerosol container comprises a pressure-resistant container, an object material, and a propellant (Col 1, lines 19-21). While Tada does not explicitly teach that the aerosol container is a pressurized container, it would be obvious to one of ordinary skill in the art that an aerosol container made to resist pressure and containing a propellant would be reasonably considered to be a pressurized container. Tada also teaches that the coating on the container should have a thickness of from 5 to 15 μm (Col 9, lines 32-33). Tada also teaches that the aerosol container can include a propellant (Col 1, line 21) such as dimethyl ether (Col 1, line 31). Tada teaches that the container can be used for things such as hair dye (Col 2, line 2).
Tada is silent as to the thermosetting material being a polyester polymer that includes one or more heterocyclic groups having a ring that includes one or more nitrogen atoms and one or more carbon atoms of carbonyl groups.
Regarding the thermosetting material, Otsuki teaches a coating composition containing used for coating the inside of a can, specifically a metal can (paragraph 0001). Otsuki teaches that the coating composition comprises a polyester-based component containing an imidic acid and an alkyl titanate at a ratio of 0.5-5 parts by weight of the alkyl titanate per 100 parts by weight of the polyester-based component (paragraph 0006). This range for the content of the polyester-based component meets the range recited in instant claim 56. Otsuki teaches that the polyester can have, in addition to 30-60 wt% of the imidic acid (paragraph 0006), acid components based on terephthalic acid and isophthalic acid and alcohol components based on diols such as ethylene glycol and trivalent alcohols such as THEIC (paragraph 0010). Examiner notes that the inventive examples of Otsuki show that combinations of the components are contemplated by Otsuki, notably the polyester of Example 1 contains 43.5wt% of the imidic acid component, 30% THEIC, 17.3% terephthalic acid, and 9.3% ethylene glycol (paragraph 0019). Examiner also notes that THEIC meets the requirements of the one or more heterocyclic groups recited in instant claim 1. Otsuki teaches that the ratio of total alcohol to total acid is in the range of 1.5 to 2.0 (paragraph 0011). Otsuki also teaches that the alkyl titanate is a tetraalkyl titanate and is present as an esterification catalyst (paragraph 0012). Otsuki teaches that the coating composition contains 5-50 wt% of the polyester-based component and the alkyl titanate and 95-50 wt% of a solvent such as N-methylpyrrolidone or dimethylformamide and/or xylene- or naphtha-based solvents (paragraph 0015) which one of ordinary skill in the art would reasonably consider to be nonaqueous. Otsuki also teaches that other components such as phenol resin or amino resin can be included in an amount of 0.1 to 25 wt% (paragraph 0016).
It would have been obvious to one of ordinary skill in the art at the time of invention container of Tada to use the coating composition of Otsuki because the coating composition yields “excellent acid resistance, retort resistance, adhesion, and processability”, (paragraph 0001).
Regarding claims 2-4, Tada and Otsuki teach all the limitations of claim 1 as discussed above.
Tada teaches that the aerosol container comprises a pressure-resistant container, an object material, and a propellant (Col 1, lines 19-21) such as dimethyl ether (Col 1, line 31) as well as a valve (Col 4, line 44). While Tada does not explicitly teach that the aerosol container is a pressurized container, it would be obvious to one of ordinary skill in the art that an aerosol container made to resist pressure and containing a propellant would be reasonably considered to be a pressurized container.
Regarding claim 5¸ Tada and Otsuki teach all the limitations of claim 1 as discussed above.
As discussed above, Tada teaches that the container can be used for things such as hair dye (Col 2, line 2).
Regarding claims 6-9, Tada and Otsuki teach all the limitations of claim 1 as discussed above.
Tada as modified according to Otsuki teaches the use of THEIC in the polyester (paragraph 0010) which has a six-membered ring with three nitrogen atoms and three carbon atoms of carbonyl groups, which meets the limitations depicted in Formula (I) if R1 is a hydroxyethyl group and R2 is a hydroxyethyl with the oxygen positioned away from the ring and part of an ester linkage and n is 1, has a molecular weight of 261.34 g/mol.
Regarding claim 10, Tada and Otsuki teach all the limitations of claim 1 as discussed above.
As discussed above, Tada as modified according to Otsuki teaches that the polyester can have, in addition to 30-60 wt% of the imidic acid (paragraph 0006), acid components based on terephthalic acid and isophthalic acid and alcohol components based on diols such as ethylene glycol and trivalent alcohols such as THEIC (paragraph 0010).
Regarding claims 11 and 12, Tada and Otsuki teach all the limitations of claim 7 as discussed above.
The inventive examples of Otsuki show that combinations of the components are contemplated by Otsuki, notably the polyester of Example 1 contains 43.5wt% of the imidic acid component, 30% THEIC, 17.3% terephthalic acid, and 9.3% ethylene glycol (paragraph 0019).
Regarding claims 14-17, Tada and Otsuki teach all the limitations of claim 1 as discussed above.
Otsuki teaches that the coating composition comprises a polyester-based component containing an imidic acid and an alkyl titanate at a ratio of 0.5-5 parts by weight of the alkyl titanate per 100 parts by weight of the polyester-based component (paragraph 0006). Otsuki also teaches that other components such as phenol resin or amino resin can be included in an amount of 0.1 to 25 wt% (paragraph 0016). Combining these teachings yields an amount of polyester that overlaps the claimed range. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. MPEP 2144.05 (I). Otsuki teaches that the alkyl titanate is a tetraalkyl titanate and is present as an esterification catalyst (paragraph 0012).
Regarding claim 18, Tada and Otsuki teach all the limitations of claim 1 as discussed above.
Tada teaches that the coating is applied with a thickness of 5 to 15 µm (Col 9, lines 32-33).
Claim 13 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Tada and Otsuki as applied above and in further view of Adachi.
Regarding claim 13, Tada and Otsuki teach all the limitations of claim 1 as discussed above.
Otsuki is silent as to the hydroxyl number of the resin composition.
Adachi teaches a polyester resin composition containing hydroxyl and carboxyl groups (paragraph 0042). Adachi further teaches that this resin composition has a hydroxyl value 100 to 200 mg KOH/g (paragraph 0049).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the resin composition of Otsuki to have a hydroxyl number in the range taught by Adachi because a hydroxyl value of less than 100 mg KOH/g leads to poor curing properties (paragraph 0049).
Claim 19 and 20 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Tada in view of Otsuki.
Regarding claims 19 and 20, Tada teaches an aerosol container wherein the inner surface is coated with a thermosetting polyamideimide material and an epoxy curing agent (abstract) and a method for producing the aerosol container (Col 9, lines 39-50). Tada teaches that the container is a monoblock can of aluminum (Col 4, line 28) and that the coating is spray applied (Col 9, line 41). Tada teaches that the aerosol container comprises a pressure-resistant container, an object material, and a propellant (Col 1, lines 19-21). While Tada does not explicitly teach that the aerosol container is a pressurized container, it would be obvious to one of ordinary skill in the art that an aerosol container made to resist pressure and containing a propellant would be reasonably considered to be a pressurized container. Tada also teaches that the coating on the container should have a thickness of from 5 to 15 μm (Col 9, lines 32-33). Tada also teaches that the aerosol container can include a propellant (Col 1, line 21) such as dimethyl ether (Col 1, line 31). Tada teaches that the container can be used for things such as hair dye (Col 2, line 2). Tada teaches that after spray coating the interior of the monobloc container, it is thermally cured (Col 9, lines 47-50).
Tada is silent as to the thermosetting material being a polyester polymer that includes one or more heterocyclic groups having a ring that includes one or more nitrogen atoms and one or more carbon atoms of carbonyl groups.
Regarding the thermosetting material, Otsuki teaches a coating composition containing used for coating the inside of a can, specifically a metal can (paragraph 0001). Otsuki teaches that the coating composition comprises a polyester-based component containing an imidic acid and an alkyl titanate at a ratio of 0.5-5 parts by weight of the alkyl titanate per 100 parts by weight of the polyester-based component (paragraph 0006). This range for the content of the polyester-based component meets the range recited in instant claim 56. Otsuki teaches that the polyester can have, in addition to 30-60 wt% of the imidic acid (paragraph 0006), acid components based on terephthalic acid and isophthalic acid and alcohol components based on diols such as ethylene glycol and trivalent alcohols such as THEIC (paragraph 0010). Examiner notes that the inventive examples of Otsuki show that combinations of the components are contemplated by Otsuki, notably the polyester of Example 1 contains 43.5wt% of the imidic acid component, 30% THEIC, 17.3% terephthalic acid, and 9.3% ethylene glycol (paragraph 0019). Examiner also notes that THEIC meets the requirements of the one or more heterocyclic groups recited in instant claim 1. Otsuki teaches that the ratio of total alcohol to total acid is in the range of 1.5 to 2.0 (paragraph 0011). Otsuki also teaches that the alkyl titanate is a tetraalkyl titanate and is present as an esterification catalyst (paragraph 0012). Otsuki teaches that the coating composition contains 5-50 wt% of the polyester-based component and the alkyl titanate and 95-50 wt% of a solvent such as N-methylpyrrolidone or dimethylformamide and/or xylene- or naphtha-based solvents (paragraph 0015) which one of ordinary skill in the art would reasonably consider to be nonaqueous. Otsuki also teaches that other components such as phenol resin or amino resin can be included in an amount of 0.1 to 25 wt% (paragraph 0016). Examiner notes that THEIC has a six-membered ring with three nitrogen atoms and three carbon atoms of carbonyl groups, which meets the limitations depicted in Formula (I) if R1 is a hydroxyethyl group and R2 is a hydroxyethyl with the oxygen positioned away from the ring and part of an ester linkage and n is 1
It would have been obvious to one of ordinary skill in the art at the time of invention container of Tada to use the coating composition of Otsuki because the coating composition yields “excellent acid resistance, retort resistance, adhesion, and processability”, (paragraph 0001).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY M DAVIS whose telephone number is (571)272-6957. The examiner can normally be reached M-F 7-4:30, off 2nd Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maria V Ewald can be reached at 571-272-8519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZACHARY M DAVIS/Primary Examiner, Art Unit 1783
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