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.
Claims 1 and 9-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xue et al. (WO2021092789).
Regarding claim 1, Xue et al. teaches a formaldehyde-free aqueous pigment composition of Example 1-1 comprising A-1 and B-I-1, wherein A-1 is an aqueous dispersion comprising acrylic acid/maleic anhydride copolymer, and B-I-1 is an aqueous emulsion comprising a copolymer including 81% butyl acrylate, 13% styrene, 2.5% acrylic acid, 2.5% itaconic acid, 1% hydroxyl ethyl methacrylate, by weight based on the dry weight of the copolymer which meets the claimed amounts and components. Xue et al. teaches that the composition includes pigment [0051], and thickener (can be construed as filler, fibers or waxes) [0051].
Regarding claims 9-10, Xue et al. teaches a coated article comprising a substrate (nonwoven fabric) comprising a coating layer at least partially covering one or both sides of the substrate wherein the coating layer is formed with the formaldehyde free aqueous pigment composition.
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.
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Xue et al. (WO2021092789) in view of Dombrowski et al. (PG Pub. 2011/0244134).
Regarding claims 2-4, Xue et al. are silent regarding the claimed two stage emulsion. Xue et al. teach the claimed components of hydroxyl containing ethylenically unsaturated C2-C12 carboxylic monomer, ethylenically unsaturated C2-C12 mono-carboxylic monomer, ethylenically unsaturated C2-C12 di-carboxylic monomer and ethylenically unsaturated C2-C12 carboxylic monomer in aqueous dispersion B. However, Dombrowski et al. teaches aqueous emulsion that is two-stage emulsion of a first stage component comprising the hydroxyl group functionalized copolymer and a second stage component comprising a (co)polymer derived from the polymerization of monomers including one or more ethylenically unsaturated monomers including from the recited markush group ((meth)acrylic acid is taught) with the weight ratio of the first stage component and the second stage component being in the claimed range in order to affect the Tg and properties of the polymer [Abstract, 0004]. It would have been obvious to one of ordinary skill in the art to use the two stage emulsion of Dombrowski et al. in Xue et al. in order to affect the Tg and properties of the polymer and arrive at the claimed invention.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Xue et al. (WO2021092789) in view of Clamen et al. (US Pat. 7,199,179).
Regarding claims 5-6, Xue et al. teaches aqueous emulsion A and aqueous dispersion B have a solid content in the claimed range based on the total weight of the aqueous dispersion, but are silent regarding the specifics of the composition claimed in claims 5 and 6. However, Clamen et al. teaches the solid content of pigment aqueous composition is in the claimed range [Examples] and the claimed percentage of A and B in order to provide the desired viscosity, thickness and mechanical properties. Clamen et al. also teaches the first stage also includes at least one of the claimed additional comonomers (e.g. butadiene, styrene, (meth)acrylamide) [2:50-3:2] and it would have been obvious to one of ordinary skill in the art to use the claimed amount of the additional comonomer in order to affect to mechanical properties of the composition. Further, it would have been obvious to one of ordinary skill in the art to adjust the amounts of A,B, pigment and thickener and balance of water and additional comonomer as Xue and Clamen teach adjusting the amounts in order to provide the desired viscosity, thickness and mechanical properties. It would have been obvious to one of ordinary skill in the art to use the solid content of the aqueous pigment composition and amounts of the claimed components in order to provide the desired viscosity, thickness and mechanical properties and arrive at the claimed invention.
Claim 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Xue et al. (WO2021092789) in view of Haeberle et al. (WO 2007/090735).
Regarding claims 7-8, Xue et al. are silent regarding the specifics of the pigment and thickener. However, Haeberle et al. teach pigment in the claimed amount including azo pigment for example in order to color the substrate such as a textile and thickener including polyacrylic thickener in order to adjust the viscosity of the composition [0084, 0190 and 0213]. It would have been obvious to use the pigment in the claimed amount and thickener in the claimed amount as taught by Haeberle et al. in Xue et al. in order to color substrate and adjust the viscosity of the composition and arrive at the claimed invention.
Claims 5 is rejected under 35 U.S.C. 103 as being unpatentable over Xue et al. (WO2021092789) in view of Clamen et al. (US Pat. 7,199,179) in view of Haeberle et al. (WO 2007/090735).
Regarding claim 5, Xue et al. teaches aqueous emulsion A and aqueous dispersion B have a solid content in the claimed range based on the total weight of the aqueous dispersion, but are silent regarding the specifics of the composition claimed in claims 5 and 6. However, Clamen et al. teaches the solid content of pigment aqueous composition is in the claimed range and the claimed percentage of A and B in order to provide the desired viscosity, thickness and mechanical properties [Examples]. Clamen et al. also teaches the first stage also includes at least one of the claimed additional comonomers (e.g. butadiene, styrene, (meth)acrylamide) and it would have been obvious to one of ordinary skill in the art to use the claimed amount of the additional comonomer in order to affect to mechanical properties of the composition. Further, it would have been obvious to one of ordinary skill in the art to adjust the amounts of A,B, pigment and thickener and balance of water and additional comonomer as Xue and Clamen teach adjusting the amounts in order to provide the desired viscosity, thickness and mechanical properties. It would have been obvious to one of ordinary skill in the art to use the solid content of the aqueous pigment composition and amounts of the claimed components in order to provide the desired viscosity, thickness and mechanical properties and arrive at the claimed invention.
In the alternative, the previous combination is silent regarding the specifics of the pigment and thickener. However, Haeberle et al. teach pigment in the claimed amount including azo pigment for example in order to color the substrate such as a textile and thickener including polyacrylic thickener in order to adjust the viscosity of the composition. It would have been obvious to use the pigment in the claimed amount and thickener in the claimed amount as taught by Haeberle et al. in the previous combination in order to color substrate and adjust the viscosity of the composition and arrive at the claimed invention.
Prior Art Not Used but Relevant
US Pat. 5,977,232 teaches formaldehyde-free, accelerated cure, aqueous composition for bonding glass fiber heat-resistant nonwovens.
Conclusion
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/Shawn Mckinnon/Examiner, Art Unit 1789
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