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 .
Specification
The first line of the specification should be updated to recite that U.S. Application No. 17/931,038, filed September 9, 2022, has issued as U.S. Patent No. 12,275,922.
Claim Rejections - 35 USC § 102
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.
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 2-21 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 Whiteley et al, WO 2007/128037.
Whiteley et al, WO 2007/128037, discloses an aqueous based anti-slip floor coating composition comprising 2-5% by weight of a polymeric material (see abstract and page 5, lines 12-17), that suitable polymeric materials include polyacrylic polymers (see page 6, lines 4-8), that the composition contains 0.5-20% by weight of a solvent, such as benzyl alcohol (see page 7, lines 20-35), and that the polymeric materials have a molecular weight of 1,000 (see page 16, lines 19-22). Whiteley et al further teaches that their composition contains 0.005-1% by weight of nonionic surfactants, such as C8-18 alcohol ethoxylates and block copolymers of polyethylene oxide and polypropylene oxide (see page 18, lines 4-9 and page 19, lines 15-18), brightening agents, such as acrylic resins (see page 19, lines 24-30), coalescent agents, such as diethylene glycol monoethyl ether (see page 20, lines 4-13), 0.01-0.03% by weight of a defoamer, such as dimethyl polysiloxane (see page 21, line 31-page 22, line 6), wax emulsions and fragrances (see page 3, lines 29-34), wherein the composition is applied by mopping, pouring, spraying or wiping (see page 23, line 32-page 24, line 5), per the requirements of the instant invention. Specifically, note Examples 1-8 and Tables I-XI. Therefore, instant claims 2-21 are anticipated by Whiteley et al, WO 2007/128037.
In the alternative that the above disclosure is insufficient to anticipate the above listed claims, it would have nonetheless been obvious to the skilled artisan to produce the claimed composition, as the reference teaches each of the claimed ingredients within the claimed proportions for the same utility.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN P MRUK whose telephone number is (571)272-1321. The examiner can normally be reached on 7:00am-5:30pm Monday-Thursday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew, can be reached on 571-272-2817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRIAN P MRUK/
Primary Examiner, Art Unit 1761
Brian P Mruk
October 9, 202
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