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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claim 2 is objected to because of the following informalities: Claim 2 recites the limitation “formed from aromatic multifunctional isocyanate and a polyol.” Appropriate correction is required.
Claim Rejections - 35 USC § 102 or 103
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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed 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 4-10 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Nakayama et al. (JP 2010065066 A, attached).
Regarding claims 1-2, 4 and 6, Nakayama teaches providing a hydrophilic member having high safety and excellent hydrophilicity, water resistance, and adhesion to a substrate surface ([0010]). The hydrophilic member may have an undercoat layer between the substrate and a hydrophilic layer in order to improve the adhesion between the substrate and the hydrophilic layer ([0090]). Various polymer compounds can be added to the hydrophilic composition (of the hydrophilic layer) and the composition for the undercoat layer in order to adjust the physical properties of the film as long as the hydrophilicity is not impaired ([0110]). A total amount of hydrophilic resins and/or water-dispersible latexes in the undercoat layer is preferably 0.01-20g/m2, and more preferably 0.1-10g/m2 ([0141]). Further, a crosslinking agent for cross-linking the hydrophilic resin or the water-dispersible latex may be used ([0141]). The examiner notes that examples of the crosslinking agents include polyisocyanate compounds, including polypropylene glycol/tolylene diisocyanate addition reaction products (an isocyanate compound) ([0141]). The substrate is not particularly limited, and any of glass, plastic, metal, ceramics, wood, stone, cement, concrete, fiber, fabric, paper, leather, tile, rubber, latex, a combination thereof, and a laminate thereof can be suitably used ([0119]). The thickness of the undercoat layer is preferably 0.01μm-100μm, more preferably the 0.02μm-80μm, and particularly preferably the 0.05μm-50μm ([0147]). The thickness of the hydrophilic layer is preferably the 0.01µm-100µm, more preferably the 0.05µm-50µm, and most preferably the 0.1µm-20µm ([0147]).
The undercoat layer is preferably formed by further applying a composition containing (B) an alkoxide compound of an element selected from Si, Ti, Zr, Al , whereby the adhesion between the substrate and the hydrophilic layer can be more reliably improved ([0091]). Specific examples of the specific alkoxide (B) are represented by formula (V) and are set forth (see [0087] and Chemical Formula 17). The examiner notes that particularly preferred examples of the specific alkoxide (B) include methyltrimethoxysilane and methyltriethoxysilane (a non-fluorinated water-repellent compound that is a polysiloxane compound A) (0087; also see 0084-0086 and Formula V). An alkoxide in which Y is Si is preferable from the viewpoint of coatability ([0088]). Nakayama teaches that, further, as a copolymer composition of a polymer binder, a copolymer containing "carboxyl group-containing monomer," "methacrylic acid alkyl ester," or "acrylic acid alkyl ester" as a structural unit is also preferably used (a non-fluorinated water-repellent compound that is a hydrocarbon compound) ([0110]).
The examiner notes that the disclosed compounds would have the claimed water-repellent properties. In addition, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to expect that the claimed properties would be so provided, as the reference teaches the same materials as those claimed, and as the properties cannot be separated from the materials.
Regarding claim 5, Nakayama teaches that, in addition, for example, a leveling additive, a matting agent, a wax for adjusting film physical properties, a tackifier for improving adhesion to a substrate within a range not inhibiting hydrophilicity, and the like can be contained as necessary ([0111]). Specific examples of the tackifier include high-molecular-weight tacky polymers described in 5 to 6p of Japanese Patent Application Laid-Open No. 49200/2001 (e.g., copolymers of esters of (meth) acrylic acids and alcohols having alkyl groups having 1 to 20 carbon atoms, esters of (meth) acrylic acids and alicyclic alcohols having 3 to 14 carbon atoms, and esters of (meth) acrylic acids and aromatic alcohols having 6 to 14 carbon atoms), and low-molecular-weight tackifying resins having polymerizable unsaturated bonds ([0111]).
JP2001-049200A teaches a pressure-sensitive adhesive polymer consisting essentially of a (meth)acrylic ester component unit, and having ≥50,000 weight average molecular weight (Abstract and [0022]). Examples of the (meth)acrylate ester include alkyl (meth) acrylates such as methyl (meth) acrylate, ethyl (meth) acrylate, propyl (meth) acrylate, butyl (meth) acrylate, pentyl (meth) acrylate, hexyl (meth) acrylate, (metha)acrylic acid-2-ethylhexyl ester , octyl (meth) acrylate, nonyl (meth) acrylate, decyl (meth) acrylate, and dodecyl (meth) acrylate; esters of alicyclic alcohols with (meth) acrylic acids such as cyclohexylacrylate; and aryl (meth) acrylates such as phenyl (meth) acrylate and benzyl (meth) acrylate ([0021]). Such a (meth)acrylate ester can be used alone or in combination ([0021]).
The examiner notes that the disclosed compounds would have the claimed water-repellent properties. In addition, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to expect that the claimed properties would be so provided, as the reference teaches the same materials as those claimed, and as the properties cannot be separated from the materials.
Regarding claim 7, Nakayama teaches that the hydrophilic composition preferably contains (B) an alkoxide compound of an element selected from Si, Ti, Zr, Al (also referred to as (B) a specific alkoxide) ([0084]). The examiner notes that the hydrophilic member has a hydrophilic layer formed by coating this hydrophilic composition on a substrate ([0090]).
Regarding claims 8-10, with respect to the claimed properties, it is the examiner’s position that the composition of Nakayama would have the claimed properties as the same compound necessarily has the same properties. In the alternative, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to expect that the claimed properties would be so provided, as the reference teaches the same materials as those claimed, and as the properties cannot be separated from the materials. Therefore, Nakayama meets the claimed limitations, absent an objective showing to the contrary.
Claim Rejections - 35 USC § 103
Claim(s) 1-5 and 7-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawami (JP2019065443A, attached) in view of Elizalde et al. (US 2010/0040790 A1).
Regarding claims 1-5, Kawami teaches a water repellent recycled cellulose fiber having water repellency, containing a compound containing one or more acidic group selected from a carboxyl group and a sulfonic acid group, in which an isocyanate compound and a non-fluorine-based water repellent are bound to a fiber surface (Abstract and [0067]). The non-fluorine-based water repellent is not particularly limited, but is preferably, for example, a hydrocarbon-based water repellent ([0026] and [0029]). As the hydrocarbon-based water repellent agent, for example, it is preferable to use a hydrocarbon-based water repellent agent composed of a polymer containing, as a basic unit of a monomer, a (meth)acrylate ester in which the number of carbon atoms of a hydrocarbyl group present via an ester bond is 12 or more ([0026]-[0027]). The examiner notes that the hydrocarbon-based water repellent agent therefore includes acrylate compounds having a structural unit shown in formula 2 of claim 5.
Examples of the compound having an isocyanate group include monoisocyanates such as butyl isocyanate, phenyl isocyanate, tolyl isocyanate, and naphthalene isocyanate; diisocyanates such as tolylene diisocyanate, diphenylmethane diisocyanate, tetramethylxylylene diisocyanate, and hydrogenated diphenylmethane diisocyanate; trimers which are isocyanurate rings thereof; and trimethylolpropane adducts (a polymer formed from an aromatic multifunctional isocyanate and a polyol) ([0032] and [0034]). The examiner notes that trimethylolpropane has a structure shown in formula 1 of claim 3.
First, the viscose rayon yarn is treated with a treatment liquid for water repellent processing containing an isocyanate-based compound and a non-fluorine-based water repellent agent to attach the isocyanate-based compound and the non-fluorine-based water repellent agent ([0046]). The treatment method with the treatment liquid for water repellent processing is not particularly limited, and examples thereof include processing methods such as immersion, spraying, and shower coating ([0046]).
Kawami does not explicitly disclose a resin film with a thickness of 60 to 100 nm.
However, Elizalde teaches coating surfaces using aqueous formulations (Abstract and [0006]). The surfaces are textured and repel water and have little tendency to soil ([0146]). The surfaces comprise a coating having an average thickness in the range from 50 nm to 5 μm, preferably in the range from 100 nm to 1 μm and more preferably up to 500 nm ([0149]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have provided the coating of Kawami with a thickness in the range of 100 nm to 1 μm because Elizalde teaches that these thicknesses are suitable for water repellent coatings for surfaces such as textile surfaces, wherein it is also possible to obtain surfaces that do not just possess good hydrophobicity and are soil repellent, but also have good durabilities, especially durability to washing or laundering ([0151] and [0011]).
Regarding claim 7, Elizalde teaches that hydrophobicizing agents (C) include (C4) silicones ([0061]-[0065]).
Regarding claims 8-10, with respect to the claimed properties, it is the examiner’s position that the composition of Kawami in view of Elizalde would have the claimed properties as the same compound necessarily has the same properties. In the alternative, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to expect that the claimed properties would be so provided, as the references teach the same materials as those claimed, and as the properties cannot be separated from the materials. Thus, absent an objective showing to the contrary, Kawami in view of Elizalde meets the claimed limitations.
Claim(s) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawami (JP2019065443A, attached) in view of Elizalde et al. (US 2010/0040790 A1), as applied to claim 1 above, further in view of Kanayama et al. (US 2021/0164135 A1).
Regarding claims 8-10, Kawami in view of Elizalde remain as applied above, teaching the claimed limitations.
In addition, Kanayama teaches a water-repellent knitted fabric that is a knitted fabric and has a water repellent imparted to a surface of the knitted fabric or the multifilament, and satisfies the condition (2): initial water repellency measured in accordance with a spray method described in JIS L-1092 is at a grade 3 or higher (Abstract). The initial water repellency is at a grade 3 or higher, and preferably at a grade 4 or higher ([0016]). From the viewpoint of obtaining excellent laundering durability of water repellency, the water-repellent knitted fabric may further satisfy the following condition (6): (6) the water repellency measured in accordance with the spray method after 100 times of home laundering is at a grade 3 or higher ([0044]-[0045] and [00214). Kanayama teaches that “home laundering" is performed in accordance with a method 103 described in JIS L-0217 ([0030]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have provided the fibers and fabrics of Kawami in view of Elizalde with an initial water repellency at a grade 3 or higher, and preferably at a grade 4 or higher, and with a water repellency after 100 times of home laundering of grade 3 or higher, in order to obtain articles such as clothing having sufficient water repellency to prevent re-wetness with sweat or rain, and further having excellent laundering durability of water repellency, as suggested by Kanayama ([0012], [0104] and the paragraphs cited above). It would also have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have expected that the initial thickness of the water-repellent coating would be substantially maintained after 100 washes because the initial water repellency provided by the coating can be maintained at the same level after 100 washes.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Momose (US 2008/0281014 A1) teaches a composition that includes a polymerizable monomer (i-1) such as (iii) urethane (meth)acylate and iv) poly[(meth)acryloyloxyethyl]-isocyanurate (an isocyanate compound) (Abstract, 0063, 0065 and 0068-0071). A coated film or cured film of a composite is excellent in water resistance (Abstract). The composition may include a polymer compound (e) such as poly(meth)acrylate esters (a non-fluorinated water repellent compound) (0103). A thickness of the coated film is preferably within the range of 0.01 to 100 μm (0131]). Examples of substrates include fibers, nonwoven fabrics and carbon fibers (0129).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kevin Worrell whose telephone number is (571)270-7728. The examiner can normally be reached Monday-Friday.
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/Kevin Worrell/Examiner, Art Unit 1789
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789
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