DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Election/Restrictions
Applicant's election without traverse of electing Group I (claims 1-18) in the reply filed on July 07, 2026 is acknowledged.
Claims 19-20 were withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a canceled invention. Election was made without traverse in the reply filed on July 07, 2026.
Claim Objections
Claim 3 is objected to because of the following informalities: “castor oil turkey red oil” is read as “castor oil, turkey red oil”.
Appropriate correction is required.
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 4-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chaudhari et al. (US 2020/0190359 A1).
Regarding claim 1, Chaudhari teaches a method of masking scuff and/or scratch marks on an outer surface of a container ([0001], [0002], [0083]), said method comprising the steps of: providing the container having the outer surface wherein the outer surface comprises at least one scuff or scratch ([0001], [0002], [0083]); measuring an initial whiteness value (L* value %) of the at least one scuff or scratch mark ([0001], [0002], [0083]); subsequently disposing a coating composition on and in direct contact with the outer surface of the container, wherein the coating composition comprises: 69 wt % to 85 wt % of a paraffin oil; 5 wt % to 21 wt % of a blend of unsaturated and saturated fatty acids; 1 wt % to 5 wt % of a sorbitan ester; and 1 wt % to 7 wt % of an alkoxylated alcohol ([0007], claim 1); and measuring a secondary whiteness value of the at least one scuff or scratch after the step of disposing the coating composition on the outer surface of the container, wherein the secondary whiteness value is less than the initial whiteness value by at least 10 % as shown in Fig. 1 ([0001], [0002], [0080], [0083], Fig. 1).
Regarding claim 4, Chaudhari teaches wherein the composition comprises 69 wt % to 85 wt % of a paraffin oil ([0007]).
Regarding claim 5, Chaudhari teaches wherein the biodegradable surfactant is sorbitan ester for example ([0007]).
Regarding claim 6, Chaudhari teaches wherein the biodegradable surfactant is an alkoxylated alcohol having from about 2 to about 4 moles of ethylene oxide for example ([0033]).
Regarding claim 7, Chaudhari teaches wherein the surfactant is an alkoxylated alcohol in an amount of 4 wt % of an alkoxylated alcohol ([0034]).
Regarding claim 8, Chaudhari teaches wherein the ratio of the oil to surfactant is from about 4:6 to about 9.5:0.5 ([0007]).
Regarding claim 9, Chaudhari teaches further comprising solvent glycol ether ([0039]).
Regarding claim 10, Chaudhari teaches wherein the oils and the biodegradable surfactants are combined and then emulsified with the solvent ([0079]).
Regarding claim 11, Chaudhari teaches wherein the solvent is present in an amount of from 1 wt % to 5 wt % for example ([0040]).
Regarding claim 12, Chaudhari teaches wherein the diluting solvent may be added at a ratio of 10:0.2 to 5:3 of diluting solvent to coating composition ([0049]).
Regarding claim 13, Chaudhari teaches wherein the coating composition may have an HLB value of 7 for example ([0057]).
Regarding claim 14, Chaudhari teaches wherein the coating composition comprises: 69 wt % to 85 wt % of a paraffin oil; 5 wt % to 21 wt % of a blend of unsaturated and saturated fatty acids; 1 wt % to 5 wt % of a sorbitan ester; and 7 wt % of an alkoxylated alcohol ([0007], [0034], claim 1).
Regarding claim 15, Chaudhari teaches wherein the container comprises glass, plastic, polyethylene terephthalate (PET), polyethylene naphthalate (PEN) or polycarbonate (PC) ([0054]).
Regarding claim 16, Chaudhari teaches wherein the container is a glass bottle ([0054]).
Regarding claim 17, Chaudhari teaches wherein the step of disposing the coating composition onto the container is accomplished using an applicator chosen from an absorbent pad, a brush, a contact belt, a cotton cloth, filter paper, a roller, a spray device, a sponge, an expulsion pad, or tissue paper for example ([0053]).
Regarding claim 18, Chaudhari teaches wherein the whiteness index of the scuff marks and/or scratches on the container is decreased by at least 20% when compared with a container having no coating ([0083]).
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 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Chaudhari et al. (US 2020/0190359 A1) as applied to claims 1 and 4-18, and further in view of Geurtsen et al. (US 4,555,436)
Regarding claim 2, Chaudhari teaches a method of masking scuff as disclosed above. Chaudhari et al. do not disclose castor oil, but teach the paraffin oil or wax ([0025]). castor oil and paraffin oil or wax are considered functionally equivalent waxes as a coating component to improve scuff resistance (Col. 2 lines 57-65, Col. 4, lines 8-10). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute castor oil for paraffin oil or wax disclosed by Chaudhari.
Regarding claim 3, Chaudhari teaches a method of masking scuff as disclosed above. Chaudhari et al. do not disclose castor oil, but teach the paraffin oil or wax ([0025]). castor oil and paraffin oil or wax are considered functionally equivalent waxes as a coating component to improve scuff resistance (Col. 2 lines 57-65, Col. 4, lines 8-10). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute castor oil for paraffin oil or wax disclosed by Chaudhari.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAI YAN ZHANG whose telephone number is (571)270-7181. The examiner can normally be reached on MTTHF.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DAH-WEI YUAN can be reached on 5712721295. 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.
/HAI Y ZHANG/ Primary Examiner, Art Unit 1717
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