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 .
Election/Restrictions
Applicant’s election without traverse of Group I, Claims 1-10 in the reply filed on 12/08/2025 is acknowledged.
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 1 and 4-10 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 5,589,563 to Ward et al.
As to claims 1, 4, and 8, Ward discloses a end-capped polyurethane containing two different end capping groups to tailor the polymer to a wide variety of environments based on its use (22:8-45) represented by the generic formula:
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wherein A and Z are the end-capping groups, B and C are alternating blocks of hard segments derived from diisocyanates and diols and soft segments derived from polyether diols. Preferred structures include the following:
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In the formula, the terminal group CH3(CH2)11 corresponds to X1 in claims 1 and 8, the polyether polyol corresponds to formula II. The difference between the preferred end capping groups and the claimed invention is X. However, Ward discloses additional types of end groups that can be substituted for the silicone groups used in the examples, including carboxylic acids that are reactive with isocyanates and sulfur containing compounds that are reactive with isocyanates (13:51-55). Accordingly, a prima facie case of obviousness exists over the selection of chain terminating groups. At the time of filing it would have been obvious to a person of ordinary skill in the art to substitute the monofunctional silicone reactant with a carboxyl or sulfo containing reactant to tailor the functional performance of the end capped polymer together with environment in which it will function (14:35-41).
As to claims 5-7, Ward discloses polyether diols including block polypropylene oxide-polyethylene oxide polyols (13:8-9) with a molecular weight of 1972 (26:30-44).
As to claim 9, Ward discloses molecular weight ranges of 360-11,000 (10:60-64).
As to claim 10, Ward discloses that the use of hydrophobic and hydrophilic end groups gives amphiphatic structures in which the hydrophobic/hydrophilic balance may be easily varied (7:22-26, 8:17-27. Accordingly, it would have been to tailor the functional performance of the end capped polymer together with environment in which it will function including hydrophilic-lipophilic balance (14:35-41).
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 5,589,563 to Ward et al. in view of U.S. Patent Pub. No. 2023/0192939 to Niu et al.
As to claims 2-3, Ward discloses a end-capped polyurethane containing two different end capping groups to tailor the polymer to a wide variety of environments based on its use (22:8-45) represented by the generic formula:
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174
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wherein A and Z are the end-capping groups, B and C are alternating blocks of hard segments derived from diisocyanates and diols and soft segments derived from polyether diols. Preferred structures include the following:
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In the formula, the terminal group CH3(CH2)11 corresponds to X1 in claims 1 and 8, the polyether polyol corresponds to formula II. The difference between the preferred end capping groups and the claimed invention is X. However, Ward discloses additional types of end groups that can be substituted for the silicone groups used in the examples, including carboxylic acids that are reactive with isocyanates and sulfur containing compounds that are reactive with isocyanates (13:51-55).
Ward does not expressly disclose a chain terminating agent that meets the claimed formulas.
However, within the same field of endeavor (namely controlling molecular weight of polyurethanes), Niu discloses thickener compositions comprising a hydrophobically modified polyurethane that is end capped with the following monofunctional ester:
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At the time of filing it would have been obvious to a person of ordinary skill in the art to replace one hydrophobic end capping agent taught in Ward with the one preferred in Niu to improve properties such as minimized negative impact in coating tint strength and hiding properties and improve performance (0004-0005).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL L LEONARD whose telephone number is (571)270-7450. The examiner can normally be reached M - F 7:00-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached at 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL L LEONARD/ Primary Examiner, Art Unit 1763
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