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 § 102/103
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.
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 1-16 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 US Pub. No. 2017/0022657 to Sielemann.
Regarding claims 1-16, Sielemann teaches preparations containing at least one blocked polyisocyanate and at least one oleophobic and/or hydrophobic finishing agent, and to the use of the preparation for the oleophobic and/or hydrophobic finishing of sheet material, in particular textiles (Sielemann, Abstract, claims 1, 14, 15). Sielemann teaches that the at least one blocked polyisocyanate includes an aliphatic, cycloaliphatic and/or aromatic hydrocarbon radical (Id., paragraphs 0021-0023). Sielemann teaches that preferred cycloaliphatic polyisocyanates are isophorone diisocyanate and methylene-bis(4-cyclohyexylisocyanate) (Id., paragraph 0026). Sielemann teaches that the hydrophobic finishing agents are fluorine-free agents, including waxes, poly(meth)acrylates, polyurethanes, and organopolysiloxanes (Id., paragraph 0060). Sielemann teaches providing the preparation and applying to a fabric made from natural fibers, synthetic fibers, regenerated fibers, or mixtures thereof, by spraying or impregnation or soaking (Id., paragraphs 0080-0087).
Regarding the preamble, Sielemann does not require any fluorinated components (see for example Sielemann, Abstract, claims 1, 14, 15).
In the event it is shown that Sielemann does not disclose the claimed invention with sufficient specificity, the invention is obvious because Sielemann discloses the claimed constituents and discloses that they may be used alternatively or in combination.
Regarding claims 3, 6, 8, 9, 11, and 13, Sielemann teaches that the basic structure of the radical can be hexamethylene diisocyanate trimerisate or isophorone diisocyanate trimerisate (Sielemann, paragraphs 0030-0031).
Regarding claims 4, 7-9, 12, and 14-16, Sielemann teaches at least one blocked polyisocyanate, including a kit including at least one blocked polyisocyanate of formula (I) and (II) (Sielemann, paragraphs 0077-0079). Sielemann teaches that formula (II) includes a polyisocyanate radical, which corresponds to the radical of formula (I) (Id., paragraphs 0031, 0040-0041). Sielemann teaches that the radical can be aliphatic, cycloaliphatic, or aromatic polyisocyanate (Id., paragraph 0031).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the preparation of Sielemann, comprising the alicyclic and aliphatic or aromatic polyisocyanate as claimed, motivated by the desire of forming a conventional preparation comprising a combination of polyisocyanates based on the totality of the teachings of Sielemann.
Conclusion
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/PETER Y CHOI/Primary Examiner, Art Unit 1786
