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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1, 3-5, 7, 9, 11, 31, 47, and 48, in the reply filed on 06/26/2026 is acknowledged.
Claims 49, 54, 57, 58, and 110-113 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/26/2026.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Specification
The abstract of the disclosure is objected to because the abstract exceeds 150 words in length. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. The abstract should be in narrative form and generally limited to a single paragraph preferably within the range of 50 to 150 words in length. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 5 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 5 recites the limitation “wherein the silica gel is present in the liquid coating composition in an amount from about 8 wt. % to about 25 wt. %” in lines 2-3, which fails to further limit the subject matter of the claim upon which it depends and fails to include all the limitations of the claim upon which it depends because claim 5 depends from claim 1, and claim 1 recites the limitation “wherein the silica gel is present in the liquid coating composition in an amount from about 10 wt. % to about 30 wt. %” in lines 7-8, which means that the range recited in claim 5 is not entirely within the range recited in claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 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 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, 3, 5, 7, 9, 11, 31, 47, and 48 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. (CN 106590233 A, machine translation in English used for citation) in view of Herbst (EP 3868709 A1) and Sakai et al. (US 2022/0403204 A1).
Regarding claim 1, Zhou teaches a water-based anti-condensation coating comprising, by weight, 10-50 parts of modified water-based vinyl acetate-acrylic copolymer emulsion, 30-70 parts of water absorbent, 1-5 parts of foaming agent, 0.1-10 parts of neutralizing agent, 2-20 parts of film-forming aid, 0.1-10 parts of dispersant, 5-10 parts of flame retardant, 0.1-10 parts of mildew inhibitor, 0.1-10 parts of preservative, 5-60 parts of pigments and fillers, and 5-50 part of water [0012], wherein the absorbent is silica gel [0014], wherein the silica gel can only adsorb water in the coating [0016], wherein water molecules can freely enter and exit [0016], wherein the coating forms a paint film after it dries [0016], wherein the neutralizing agent is dimethylethanolamine [0018], wherein the pigments and fillers are optionally titanium dioxide [0020], wherein the coating can protect a base body well, wherein the film is good in antibacterial and anti-mildew properties and good in waterproof and fireproof safely, and does not help to combust (abstract), wherein the coating solves the problem of water-based anti-condensation agent having both good water absorption and good water resistance when used in external environments [0011], which reads on a liquid coating composition for decorative paint, comprising: water, wherein the water is present in the liquid composition in an amount from about 2 wt.% to about 48 wt. %, a silica gel that reversibly adsorbs and desorbs water, wherein the silica gel is present in the liquid coating composition in an amount from about 11 wt. % to about 71 wt. %, one or more pigments present in the liquid coating composition in a total amount from about 2 wt. % to about 53 wt. %, the one or more pigments optionally comprising titanium dioxide, a polymeric binder, wherein the polymeric binder is present in the liquid coating composition in an amount from about 4 wt. % to about 51 wt. %, the polymeric binder comprising vinyl acrylic, and one or more amines. The wt. % of the water is based on the calculations 5/(50+70+5+10+20+10+10+10+10+60+5)*100% = 2% and 50/(10+30+1+0.1+2+0.1+5+0.1+0.1+5+50)*100% = 48%. The wt. % of the silica gel is based on the calculations 30/(50+30+5+10+20+10+10+10+10+60+50)*100% = 11% and 70/(10+70+1+0.1+2+0.1+5+0.1+0.1+5+5)*100% = 71%. The wt. % of the one or more pigments is based on the calculations 5/(50+70+5+10+20+10+10+10+10+5+50)*100% = 2% and 60/(10+30+1+0.1+2+0.1+5+0.1+0.1+60+5)*100% = 53%. The wt. % of the polymeric binder is based on the calculations 10/(10+70+5+10+20+10+10+10+10+60+50)*100% = 4% and 50/(50+30+1+0.1+2+0.1+5+0.1+0.1+5+5)*100% = 51%.
Zhou does not teach with sufficient specificity that the water is present in the liquid composition in an amount from about 40 wt. % to about 60 wt. %. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize the amount of Zhou’s water in Zhou’s water-based anti-condensation coating to be from about 40% to about 48% by weight. The proposed modification would read on the water is present in the liquid composition in an amount from about 40 wt. % to about 48 wt. % as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing processability of Zhou’s water-based anti-condensation coating and for optimizing its ability to be coated on a substrate because Zhou teaches that the water-based anti-condensation coating comprises, by weight, 10-50 parts of modified water-based vinyl acetate-acrylic copolymer emulsion, 30-70 parts of water absorbent, 1-5 parts of foaming agent, 0.1-10 parts of neutralizing agent, 2-20 parts of film-forming aid, 0.1-10 parts of dispersant, 5-10 parts of flame retardant, 0.1-10 parts of mildew inhibitor, 0.1-10 parts of preservative, 5-60 parts of pigments and fillers, and 5-50 part of water [0012], that the coating can protect a base body well, that the film is good in antibacterial and anti-mildew properties and good in waterproof and fireproof safely (abstract), and that the coating solves the problem of water-based anti-condensation agent having both good water absorption and good water resistance when used in external environments [0011], which means that the amount of Zhou’s water in Zhou’s water-based anti-condensation coating in % by weight would have affected processability of Zhou’s water-based anti-condensation coating and its ability to be coated on a substrate.
Zhou does not teach that the silica gel comprises a plurality of particles having an average particle size from about 1 micrometer to about 20 micrometers, that each particle has a specific surface area from about 400 m2/g to about 900 m2/g, and that the silica gel has an open pore volume that is from about 0.2 mL/g to about 1.0 mL/g. However, Herbst teaches micronized silica gel that has a volume median particle diameter that is in the range from 1 to 100 microns [0046, 0088, 0092, 0093] or 1 to 20 microns [0088] or in the range from 1 micron to 12 microns [0092] or 4 microns [0150, 0151, 0161, 0162, 0169, 0170] or 8 microns [0152, 0154, 0167, 0171], or 15 microns [0157, 0158, 0159, 0163, 0165, 0166], that is characterized by a BET surface area of 20 to 1200 m2/g [0098] or 625 m2/g [0150] or 415 m2/g [0151] or 445 m2/g [0157] or 598 m2/g [0169], and that has a pore volume of 0.2 to 2.8 cm3/g [0059, 0097] or 0.2 to 0.8 cm3/g [0059] or 0.95 cm3/g [0150, 0162] or 0.75 cm3/g [0157] or 0.65 cm3/g [0161] or 0.25 cm3/g [0165] or 0.44 cm3/g [0166] or 0.59 cm3/g [0167] or 0.90 cm3/g [0169], and wherein the micronized silica gel is used as a matting agent and filler in paint and coating systems, wherein the micronized silica gel can be used as adsorbents of various gases and liquids [0001]. Zhou and Herbst are analogous art because both references are in the same field of endeavor of a liquid coating composition for paint comprising a silica gel. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select the volume median particle diameter of Zhou’s silica gel to be from 1 to 20, from 1 to 12, 4, 8, or 15 microns, to select the BET surface area of Zhou’s silica gel to be 625, 415, 445, or 598 m2/g, and to select the pore volume of Zhou’s silica gel to be 0.2 to 0.8, 0.95, 0.75, 0.65, 0.25, 0.44, 0.59, or 0.90 cm3/g, as suggested by Herbst. The proposed modification would read on the silica gel reversibly adsorbs and desorbs water, wherein the silica gel comprises a plurality of particles having an average particle size from about 1 micrometer to about 20 micrometers, each particle having a specific surface area that is 415 m2/g, 445 m2/g, 598 m2/g, or 625 m2/g, and wherein the silica gel has an open pore volume that is from 0.2 mL/g to 0.8 mL/g, 0.90 mL/g, or 0.95 mL/g as claimed. One of ordinary skill in the art would have been motivated to do so because Herbst teaches that micronized silica gel that has a volume median particle diameter that is in the range from 1 to 100 microns [0046, 0088, 0092, 0093] or 1 to 20 microns [0088] or in the range from 1 micron to 12 microns [0092] or 4 microns [0150, 0151, 0161, 0162, 0169, 0170] or 8 microns [0152, 0154, 0167, 0171], or 15 microns [0157, 0158, 0159, 0163, 0165, 0166], that is characterized by a BET surface area of 20 to 1200 m2/g [0098] or 625 m2/g [0150] or 415 m2/g [0151] or 445 m2/g [0157] or 598 m2/g [0169], and that has a pore volume of 0.2 to 2.8 cm3/g [0059, 0097] or 0.2 to 0.8 cm3/g [0059] or 0.95 cm3/g [0150, 0162] or 0.75 cm3/g [0157] or 0.65 cm3/g [0161] or 0.25 cm3/g [0165] or 0.44 cm3/g [0166] or 0.59 cm3/g [0167] or 0.90 cm3/g [0169] is beneficial tor being useful as an absorbent of various gases and liquids and for being useful as a matting agent and filler in paint and coating systems [0001], which would have been desirable for Zhou’s silica gel because Zhou teaches that water-based anti-condensation coating comprises 30-70 parts of water absorbent and 5-60 parts of pigments [0012] and that the absorbent is silica gel [0014], which means that the proposed modification would have been beneficial for providing a volume median particle diameter, BET surface area, and pore volume that is suitable for Zhou’s silica gel.
Zhou does not teach with sufficient specificity that the silica gel is present in the liquid coating composition in an amount from about 10 wt. % to about 30 wt. %. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize the amount of Zhou’s water absorbent that is silica gel in Zhou’s water-based anti-condensation coating to be from about 10% to about 30% by weight. The proposed modification would read on wherein the silica gel is present in the liquid coating composition in an amount from about 10 wt. % to about 30 wt. % as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing an ability of Zhou’s water-based anti-condensation coating to prevent condensation because Zhou teaches that the water-based anti-condensation coating comprises, by weight, 10-50 parts of modified water-based vinyl acetate-acrylic copolymer emulsion, 30-70 parts of water absorbent, 1-5 parts of foaming agent, 0.1-10 parts of neutralizing agent, 2-20 parts of film-forming aid, 0.1-10 parts of dispersant, 5-10 parts of flame retardant, 0.1-10 parts of mildew inhibitor, 0.1-10 parts of preservative, 5-60 parts of pigments and fillers, and 5-50 part of water [0012], and that the absorbent is silica gel [0014], that adsorbed water in the coating will react with changes in air conditions, such as an increase in ambient temperature or a decrease in relative humidity [0009], that the silica gel can only adsorb water in the coating [0016], that water molecules can freely enter and exit [0016], that the water absorption capacity is ensured [0016], that the coating film is porous, with interconnected pores inside that can accommodate condensed water adsorbed on the surface [0008], and that when water vapor in the air condenses on the surface of the coating film due to temperature difference, the water produced by condensation is adsorbed in the coating film, thereby preventing the formation of surface dew and achieving the purpose of preventing condensation [0008], which means that the amount of Zhou’s water absorbent that is silica gel in Zhou’s water-based anti-condensation coating in % by weight would have affected an ability of Zhou’s water-based anti-condensation coating to prevent condensation.
Zhou does not teach with sufficient specificity that the one or more pigments are present in the liquid coating composition in a total amount from about 5 wt. % to about 30 wt. %. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious the amount of Zhou’s pigments and fillers in Zhou’s water-based anti-condensation coating to be from about 5% to about 30% by weight. The proposed modification would read on the one or more pigments are present in the liquid coating composition in a total amount from about 5 wt. % to about 30 wt. % as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing an ability of Zhou’s pigments and fillers to modify the color of Zhou’s water-based anti-condensation coating because Zhou teaches that the water-based anti-condensation coating comprises, by weight, 10-50 parts of modified water-based vinyl acetate-acrylic copolymer emulsion, 30-70 parts of water absorbent, 1-5 parts of foaming agent, 0.1-10 parts of neutralizing agent, 2-20 parts of film-forming aid, 0.1-10 parts of dispersant, 5-10 parts of flame retardant, 0.1-10 parts of mildew inhibitor, 0.1-10 parts of preservative, 5-60 parts of pigments and fillers, and 5-50 part of water [0012], and that the coating forms a paint film after it dries [0016], which means that the amount of Zhou’s pigments and fillers in Zhou’s water-based anti-condensation coating in % by weight would have affected an ability of Zhou’s pigments and fillers to modify the color of Zhou’s water-based anti-condensation coating.
Zhou does not teach a specific embodiment of the one or more pigments comprising titanium dioxide. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select Zhou’s pigments and fillers to be Zhou’s titanium dioxide. The proposed modification would read on the one or more pigments comprising titanium dioxide as claimed. One of ordinary skill in the art would have been motivated to do so because Zhou teaches that the pigments and fillers are optionally titanium dioxide [0020], which would have been beneficial for modifying the color of Zhou’s water-based anti-condensation coating, which would have been desirable because Zhou teaches that the coating forms a paint film after it dries [0016].
Zhou does not teach with sufficient specificity that the polymeric binder is present in the liquid coating composition in an amount from about 5 wt. % to about 25 wt. %. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize the amount of Zhou’s modified water-based vinyl acetate-acrylic copolymer emulsion in Zhou’s water-based anti-condensation coating to be from about 5% to about 25% by weight. The proposed modification would read on wherein the polymeric binder is present in the liquid coating composition in an amount from about 5 wt. % to about 25 wt. % as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing water resistance, aging resistance, and adhesion of Zhou’s water-based anti-condensation coating because Zhou teaches that the water-based anti-condensation coating comprises, by weight, 10-50 parts of modified water-based vinyl acetate-acrylic copolymer emulsion, 30-70 parts of water absorbent, 1-5 parts of foaming agent, 0.1-10 parts of neutralizing agent, 2-20 parts of film-forming aid, 0.1-10 parts of dispersant, 5-10 parts of flame retardant, 0.1-10 parts of mildew inhibitor, 0.1-10 parts of preservative, 5-60 parts of pigments and fillers, and 5-50 part of water [0012], that the modified waterborne vinyl acetate-acrylic acid copolymer emulsion is based on vinyl acetate-ethylene copolymer emulsion and has excellent foam forming performance, long-lasting foam stability, and good water permeability [0013], and that through acrylic acid modification, it overcomes the defects of traditional waterborne anti-condensation coatings such as poor water resistance and poor aging resistance, and improves adhesion and water resistance [0013], which means that the amount of Zhou’s modified water-based vinyl acetate-acrylic copolymer emulsion in Zhou’s water-based anti-condensation coating in % by weight would have affected water resistance, aging resistance, and adhesion of Zhou’s water-based anti-condensation coating.
Zhou does not teach that the liquid coating composition further comprises one or more rheology modifiers comprising a hydrophobically modified alkali swellable emulsion, a hydroxy ethyl cellulose, or a combination thereof. However, Sakai teaches a water-soluble cellulose-based rheology control agent that is hydroxyethyl cellulose [0279] and that is present in an aqueous paint composition comprising water water-dispersible hydroxy-containing acrylic resin, and a flake-effect pigment [0011]. Zhou and Sakai are analogous art because both references are in the same field of endeavor of a liquid coating composition for paint comprising water, one or more pigments, and a polymeric binder, the polymeric binder comprising acrylic. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Sakai’s water-soluble cellulose-based rheology control agent that is hydroxyethyl cellulose to modify Zhou’s water-based anti-condensation coating. The proposed modification would read on the liquid coating composition further comprising one or more rheology modifiers comprising a hydroxy ethyl cellulose as claimed. One of ordinary skill in the art would have been motivated to do so because Sakai teaches that the water-soluble cellulose-based rheology control agent that is hydroxyethyl cellulose is beneficial for being a water-soluble cellulose-based rheology control agent [0279] that is useful in an aqueous paint composition comprising water water-dispersible hydroxy-containing acrylic resin, and a flake-effect pigment [0011], which would have been beneficial for modifying rheological properties of Zhou’s water-based anti-condensation coating.
The Office recognizes that all of the claimed physical properties are not positively taught by Zhou, namely that the liquid coating composition has a Stormer viscosity in the range from about 80 KU to about 120 KU, and that the liquid coating composition has a fineness of grind of Hegman 5 or higher. However, Zhou in view of Herbst and Sakai renders obvious all of the claimed ingredients, amounts, process steps, and process conditions of the liquid coating composition as explained above. Furthermore, the specification of the instant application recites that it was discovered that the properties of the silica gel materials (e.g., specific pore volume, and optionally particle size and/or specific surface area) can be capable of being dispersed in large quantities in water-based paint compositions down to a fineness of grind of Hegman 4 or higher; form free-flowing paint dispersions (i.e., a fluid with a Newtonian or mildly shear-thinning rheology profile and a Stormer viscosity in the range 60 KU-150 KU) [0102], that . Therefore, the claimed physical properties would naturally arise from the liquid coating composition that is rendered obvious by Zhou in view of Herbst and Sakai. When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent (MPEP 2112.01(I)). Products of identical chemical composition can not have mutually exclusive properties (MPEP 2112.01(II)). If the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present (MPEP 2112.01(II)). Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not (MPEP 2112.01(I)). Therefore, the prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed product (MPEP 2112.01(I)).
Regarding claim 3, Zhou does not teach that the plurality of particles of the silica gel is from about 5 micrometers to about 10 micrometers. However, Herbst teaches micronized silica gel that has a volume median particle diameter that is [0046, 0088, 0092, 0093] 8 microns [0152, 0154, 0167, 0171], that is characterized by a BET surface area of 20 to 1200 m2/g [0098] or 625 m2/g [0150] or 415 m2/g [0151] or 445 m2/g [0157] or 598 m2/g [0169], and that has a pore volume of 0.2 to 2.8 cm3/g [0059, 0097] or 0.2 to 0.8 cm3/g [0059] or 0.95 cm3/g [0150, 0162] or 0.75 cm3/g [0157] or 0.65 cm3/g [0161] or 0.25 cm3/g [0165] or 0.44 cm3/g [0166] or 0.59 cm3/g [0167] or 0.90 cm3/g [0169], and wherein the micronized silica gel is used as a matting agent and filler in paint and coating systems, wherein the micronized silica gel can be used as adsorbents of various gases and liquids [0001]. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select the volume median particle diameter of Zhou’s silica gel to be 8 microns, to select the BET surface area of Zhou’s silica gel to be 625, 415, 445, or 598 m2/g, and to select the pore volume of Zhou’s silica gel to be 0.2 to 0.8, 0.95, 0.75, 0.65, 0.25, 0.44, 0.59, or 0.90 cm3/g, as suggested by Herbst. The proposed modification would read on wherein the plurality of particles of the silica gel is about 8 micrometers as claimed. One of ordinary skill in the art would have been motivated to do so because Herbst teaches that micronized silica gel that has a volume median particle diameter that is [0046, 0088, 0092, 0093] 8 microns [0152, 0154, 0167, 0171], that is characterized by a BET surface area of 20 to 1200 m2/g [0098] or 625 m2/g [0150] or 415 m2/g [0151] or 445 m2/g [0157] or 598 m2/g [0169], and that has a pore volume of 0.2 to 2.8 cm3/g [0059, 0097] or 0.2 to 0.8 cm3/g [0059] or 0.95 cm3/g [0150, 0162] or 0.75 cm3/g [0157] or 0.65 cm3/g [0161] or 0.25 cm3/g [0165] or 0.44 cm3/g [0166] or 0.59 cm3/g [0167] or 0.90 cm3/g [0169] is beneficial tor being useful as an absorbent of various gases and liquids and for being useful as a matting agent and filler in paint and coating systems [0001], which would have been desirable for Zhou’s silica gel because Zhou teaches that water-based anti-condensation coating comprises 30-70 parts of water absorbent and 5-60 parts of pigments [0012] and that the absorbent is silica gel [0014], which means that the proposed modification would have been beneficial for providing a volume median particle diameter, BET surface area, and pore volume that is suitable for Zhou’s silica gel.
Regarding claim 5, Zhou teaches that the water-based anti-condensation coating comprises, by weight, 10-50 parts of modified water-based vinyl acetate-acrylic copolymer emulsion, 30-70 parts of water absorbent, 1-5 parts of foaming agent, 0.1-10 parts of neutralizing agent, 2-20 parts of film-forming aid, 0.1-10 parts of dispersant, 5-10 parts of flame retardant, 0.1-10 parts of mildew inhibitor, 0.1-10 parts of preservative, 5-60 parts of pigments and fillers, and 5-50 part of water [0012], wherein the absorbent is silica gel [0014], which reads on wherein the silica gel is present in the liquid coating composition in an amount from about 11 wt. % to about 71 wt. %. The wt. % of the silica gel is based on the calculations 30/(50+30+5+10+20+10+10+10+10+60+50)*100% = 11% and 70/(10+70+1+0.1+2+0.1+5+0.1+0.1+5+5)*100% = 71%.
Zhou does not teach with sufficient specificity that the silica gel is present in the liquid coating composition in an amount from about 8 wt. % to about 25 wt. %. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize the amount of Zhou’s water absorbent that is silica gel in Zhou’s water-based anti-condensation coating to be from about 10% to about 25% by weight. The proposed modification would read on wherein the silica gel is present in the liquid coating composition in an amount from about 10 wt. % to about 25 wt. % as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing an ability of Zhou’s water-based anti-condensation coating to prevent condensation because Zhou teaches that the water-based anti-condensation coating comprises, by weight, 10-50 parts of modified water-based vinyl acetate-acrylic copolymer emulsion, 30-70 parts of water absorbent, 1-5 parts of foaming agent, 0.1-10 parts of neutralizing agent, 2-20 parts of film-forming aid, 0.1-10 parts of dispersant, 5-10 parts of flame retardant, 0.1-10 parts of mildew inhibitor, 0.1-10 parts of preservative, 5-60 parts of pigments and fillers, and 5-50 part of water [0012], and that the absorbent is silica gel [0014], that adsorbed water in the coating will react with changes in air conditions, such as an increase in ambient temperature or a decrease in relative humidity [0009], that the silica gel can only adsorb water in the coating [0016], that water molecules can freely enter and exit [0016], that the water absorption capacity is ensured [0016], that the coating film is porous, with interconnected pores inside that can accommodate condensed water adsorbed on the surface [0008], and that when water vapor in the air condenses on the surface of the coating film due to temperature difference, the water produced by condensation is adsorbed in the coating film, thereby preventing the formation of surface dew and achieving the purpose of preventing condensation [0008], which means that the amount of Zhou’s water absorbent that is silica gel in Zhou’s water-based anti-condensation coating in % by weight would have affected an ability of Zhou’s water-based anti-condensation coating to prevent condensation.
Regarding claim 7, Zhou does not teach that each particle has a specific surface area from about 500 m2/g to about 900 m2/g. However, Herbst teaches micronized silica gel that has a volume median particle diameter that is in the range from 1 to 100 microns [0046, 0088, 0092, 0093] or 1 to 20 microns [0088] or in the range from 1 micron to 12 microns [0092] or 4 microns [0150, 0151, 0161, 0162, 0169, 0170] or 8 microns [0152, 0154, 0167, 0171], or 15 microns [0157, 0158, 0159, 0163, 0165, 0166], that is characterized by a BET surface area of 625 m2/g [0150] or 598 m2/g [0169], and that has a pore volume of 0.2 to 2.8 cm3/g [0059, 0097] or 0.2 to 0.8 cm3/g [0059] or 0.95 cm3/g [0150, 0162] or 0.75 cm3/g [0157] or 0.65 cm3/g [0161] or 0.25 cm3/g [0165] or 0.44 cm3/g [0166] or 0.59 cm3/g [0167] or 0.90 cm3/g [0169], and wherein the micronized silica gel is used as a matting agent and filler in paint and coating systems, wherein the micronized silica gel can be used as adsorbents of various gases and liquids [0001]. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select the volume median particle diameter of Zhou’s silica gel to be from 1 to 20, from 1 to 12, 4, 8, or 15 microns, to select the BET surface area of Zhou’s silica gel to be 625 or 598 m2/g, and to select the pore volume of Zhou’s silica gel to be 0.2 to 0.8, 0.95, 0.75, 0.65, 0.25, 0.44, 0.59, or 0.90 cm3/g, as suggested by Herbst. The proposed modification would read on wherein each particle has a specific surface area that is 598 m2/g or about 625 m2/g as claimed. One of ordinary skill in the art would have been motivated to do so because Herbst teaches that micronized silica gel that has a volume median particle diameter that is in the range from 1 to 100 microns [0046, 0088, 0092, 0093] or 1 to 20 microns [0088] or in the range from 1 micron to 12 microns [0092] or 4 microns [0150, 0151, 0161, 0162, 0169, 0170] or 8 microns [0152, 0154, 0167, 0171], or 15 microns [0157, 0158, 0159, 0163, 0165, 0166], that is characterized by a BET surface area of 625 m2/g [0150] or 598 m2/g [0169], and that has a pore volume of 0.2 to 2.8 cm3/g [0059, 0097] or 0.2 to 0.8 cm3/g [0059] or 0.95 cm3/g [0150, 0162] or 0.75 cm3/g [0157] or 0.65 cm3/g [0161] or 0.25 cm3/g [0165] or 0.44 cm3/g [0166] or 0.59 cm3/g [0167] or 0.90 cm3/g [0169] is beneficial tor being useful as an absorbent of various gases and liquids and for being useful as a matting agent and filler in paint and coating systems [0001], which would have been desirable for Zhou’s silica gel because Zhou teaches that water-based anti-condensation coating comprises 30-70 parts of water absorbent and 5-60 parts of pigments [0012] and that the absorbent is silica gel [0014], which means that the proposed modification would have been beneficial for providing a volume median particle diameter, BET surface area, and pore volume that is suitable for Zhou’s silica gel.
Regarding claim 9, Zhou teaches that the water-based anti-condensation coating comprises, by weight, 10-50 parts of modified water-based vinyl acetate-acrylic copolymer emulsion, 30-70 parts of water absorbent, 1-5 parts of foaming agent, 0.1-10 parts of neutralizing agent, 2-20 parts of film-forming aid, 0.1-10 parts of dispersant, 5-10 parts of flame retardant, 0.1-10 parts of mildew inhibitor, 0.1-10 parts of preservative, 5-60 parts of pigments and fillers, and 5-50 part of water [0012], wherein the neutralizing agent is dimethylethanolamine [0018]. The amount of Zhou’s neutralizing agent that is dimethylethanolamine is from 0.1/(50+70+5+0.1+20+10+10+10+10+60+50)*100%=0.03% to 10/(10+30+1+10+2+0.1+5+0.1+0.1+5+5)*100%=15%.
Zhou does not teach that the liquid coating composition further comprises one or more co-solvents comprising propylene glycol, ethylene glycol, or 2-amino-2-methyl-1-propanol, wherein the one or more co-solvents are present in the liquid coating composition in an amount from about 1 wt. % to about 10 wt. % or from about 0.1 wt. % to about 20 wt. %. However, Sakai teaches a neutralizing agent that is 2-amino-2-methyl-1-propanol, wherein the neutralizing agent is present with aqueous dispersion particles [0076] that are water-dispersible hydroxy-containing acrylic resin [0075] that is present in an aqueous pain composition further comprising a flake-effect pigment [0011]. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Sakai’s neutralizing agent that is 2-amino-2-methyl-1-propanol to substitute for a fraction of Zhou’s neutralizing agent that is dimethylethanolamine, and to optimize the amount of Sakai’s neutralizing agent that is 2-amino-2-methyl-1-propano in Zhou’s water-based anti-condensation coating to be from about 1% to about 10% or from about 0.1% to about 15% by weight. The proposed modification would read on the liquid coating composition further comprising one or more co-solvents comprising 2-amino-2-methyl-1-propanol, wherein the one or more co-solvents are present in the liquid coating composition in an amount from about 1 wt. % to about 10 wt. % or from about 0.1 wt. % to about 15 wt. % as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for neutralizing properties in Zhou’s water-based anti-condensation coating and for optimizing an ability of Sakai’s neutralizing agent that is 2-amino-2-methyl-1-propanol to providing neutralization because Sakai teaches that the neutralizing agent that is 2-amino-2-methyl-1-propanol is beneficial for being a neutralizing agent that is useful with aqueous dispersion particles [0076] that are water-dispersible hydroxy-containing acrylic resin [0075] that is present in an aqueous pain composition further comprising a flake-effect pigment [0011], and because Zhou teaches that the water-based anti-condensation coating comprises, by weight, 10-50 parts of modified water-based vinyl acetate-acrylic copolymer emulsion, 30-70 parts of water absorbent, 1-5 parts of foaming agent, 0.1-10 parts of neutralizing agent, 2-20 parts of film-forming aid, 0.1-10 parts of dispersant, 5-10 parts of flame retardant, 0.1-10 parts of mildew inhibitor, 0.1-10 parts of preservative, 5-60 parts of pigments and fillers, and 5-50 part of water [0012], and that the neutralizing agent is dimethylethanolamine [0018], which means that the amount of Sakai’s neutralizing agent that is 2-amino-2-methyl-1-propano in Zhou’s water-based anti-condensation coating in % by weight would have affected an ability of Sakai’s neutralizing agent that is 2-amino-2-methyl-1-propanol to providing neutralization
Zhou does not teach that the liquid coating composition further comprises one or more coalescence promoters comprising polyethylene glycol, polypropylene glycol, esters, or ethers of di-, tri-, or poly-ethylene or propylene glycols, or any combination thereof, wherein the one or more coalescence promoters are present in the liquid coating composition in an amount of about 2 wt. % or less. However, Sakai teaches a hydrophobic solvent that is dipropylene glycol mono-n-butyl ether or tripropylene glycol mono-n-butyl ether [0205], wherein the hydrophobic solvent is present in an aqueous paint composition [0204] that further comprises a water-dispersible hydroxy-containing acrylic resin, and a flake-effect pigment [0011], wherein the aqueous paint composition contains the hydrophobic solvent generally is preferably within a range of 10 to 100 parts by mass, based on 100 parts by mass of the resin solids content of the aqueous pain composition [0207]. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Sakai’s hydrophobic solvent that is dipropylene glycol mono-n-butyl ether or tripropylene glycol mono-n-butyl ether to modify Sakai’s water-based anti-condensation coating, and to optimize the amount of Sakai’s hydrophobic solvent that is dipropylene glycol mono-n-butyl ether or tripropylene glycol mono-n-butyl ether to be about 2 parts by mass or less, based on 100 parts by mass of the water-based anti-condensation coating. The proposed modification would read on the liquid coating composition further comprising one or more coalescence promoters comprising ethers of di-, or tri-propylene glycols, wherein the one or more coalescence promoters are present in the liquid coating composition in an amount of about 2 wt. % or less as claimed. One of ordinary skill in the art would have been motivated to do so because Sakai teaches that the hydrophobic solvent that is dipropylene glycol mono-n-butyl ether or tripropylene glycol mono-n-butyl ether is beneficial for being a hydrophobic solvent that dissolves in 100 g of water at 20° C in an amount of preferably 10 g or less in terms of mass [0205], for being useful in an aqueous paint composition [0204] that further comprises a water-dispersible hydroxy-containing acrylic resin, and a flake-effect pigment [0011], that the hydrophobic solvent improves the smoothness of the obtained coating film [0204], and that the aqueous paint composition contains the hydrophobic solvent generally is preferably within a range of 10 to 100 parts by mass, based on 100 parts by mass of the resin solids content of the aqueous pain composition [0207], which means that Sakai’s hydrophobic solvent that is dipropylene glycol mono-n-butyl ether or tripropylene glycol mono-n-butyl ether would have been beneficial for modifying smoothness of a coating obtained from Zhou’s water-based anti-condensation coating, which means that the amount of Sakai’s hydrophobic solvent that is dipropylene glycol mono-n-butyl ether or tripropylene glycol mono-n-butyl ether in parts by mass, based on 100 parts by mass of the water-based anti-condensation coating, would have affected smoothness of a coating obtained from the water-based anti-condensation coating, which means that optimizing the amount of Sakai’s hydrophobic solvent that is dipropylene glycol mono-n-butyl ether or tripropylene glycol mono-n-butyl ether in parts by mass, based on 100 parts by mass of the water-based anti-condensation coating, would have been beneficial for optimizing smoothness of a coating obtained from the water-based anti-condensation coating.
Regarding claim 11, Zhou does not teach that the one or more pigments further comprise carbon black, iron oxide, phthalocyanine, or any combination thereof. However, Sakai teaches a color pigment that is carbon black, or a phthalocyanine-based pigment [0209], wherein the color pigment is present in an aqueous paint composition [0208] further comprising a water-dispersible hydroxy-containing acrylic resin and a flake-effect pigment [0011]. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Sakai’s color pigment that is carbon black or a phthalocyanine-based pigment to substitute for a fraction of Zhou’s pigments and fillers. The proposed modification would read on wherein the one or more pigments further comprise carbon black, or phthalocyanine as claimed. One of ordinary skill in the art would have been motivated to do so because Sakai teaches that the color pigment that is carbon black, or a phthalocyanine-based pigment [0209] is beneficial for being useful in an aqueous paint composition [0208] further comprising a water-dispersible hydroxy-containing acrylic resin and a flake-effect pigment [0011], which means that Sakai’s color pigment that is carbon black or a phthalocyanine-based pigment would have been beneficial for modifying the color of Zhou’s water-based anti-condensation coating, which would have been desirable because Zhou teaches that the water-based anti-condensation coating comprises pigments and fillers [0012].
Regarding claim 31, Zhou does not teach that the one or more rheology modifiers are present in the liquid coating composition in an amount form about 0.01 wt. % to about 5 wt. % or from about 0.02 wt. % to about 2 wt. %. However, Sakai teaches a water-soluble cellulose-based rheology control agent that is hydroxyethyl cellulose [0279] and that is present in an aqueous paint composition comprising water water-dispersible hydroxy-containing acrylic resin, and a flake-effect pigment [0011], wherein the content of the water-dispersible cellulose-based rheology control agent in the aqueous paint composition is preferably within a range of 0.1 to 30 parts by mass, per 100 parts by mass of the resin solids content of the aqueous paint composition [0122]. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Sakai’s water-soluble cellulose-based rheology control agent that is hydroxyethyl cellulose to modify Zhou’s water-based anti-condensation coating, and to optimize the content of Sakai’s water-soluble cellulose-based rheology control agent that is hydroxyethyl cellulose to be from about 0.1 parts by mass to about 5 parts by mass or from about 0.1 parts by mass to about 2 parts by mass, per 100 parts by mass of the water-based anti-condensation coating. The proposed modification would read on wherein the one or more rheology modifiers are present in the liquid coating composition in an amount form about 0.1 wt. % to about 5 wt. % or from about 0.1 wt. % to about 2 wt. % as claimed. One of ordinary skill in the art would have been motivated to do so because Sakai teaches that the water-soluble cellulose-based rheology control agent that is hydroxyethyl cellulose is beneficial for being a water-soluble cellulose-based rheology control agent [0279] that is useful in an aqueous paint composition comprising water water-dispersible hydroxy-containing acrylic resin, and a flake-effect pigment [0011], and that from the standpoint of obtaining a coating film with excellent brilliance, the content of the water-dispersible cellulose-based rheology control agent in the aqueous paint composition is preferably within a range of 0.1 to 30 parts by mass, per 100 parts by mass of the resin solids content of the aqueous paint composition [0122] which would have been beneficial for modifying rheological properties of Zhou’s water-based anti-condensation coating, which means that the content of Sakai’s water-soluble cellulose-based rheology control agent that is hydroxyethyl cellulose in parts by mass per 100 parts by mass of the water-based anti-condensation coating would have affected brilliance and/or desirable rheological properties of the water-based anti-condensation coating, which means that optimizing the content of Sakai’s water-soluble cellulose-based rheology control agent that is hydroxyethyl cellulose in parts by mass per 100 parts by mass of the water-based anti-condensation coating would have been beneficial for optimizing brilliance and/or desirable rheological properties of the water-based anti-condensation coating.
Regarding claim 47, Zhou teaches that the water-based anti-condensation coating does not contain benzene volatiles [0028], does not teach that the water-based anti-condensation coating further comprises volatile organic compounds, and Zhou’s water-based anti-condensation coating would not inherently further comprise volatile organic compounds. Zhou in view of Herbst and Sakai therefore renders obvious wherein the liquid coating composition has a volatile organic compounds content of 0 g/l as claimed.
Regarding claim 48, Zhou teaches that the water-based anti-condensation coating comprises, by weight, 10-50 parts of modified water-based vinyl acetate-acrylic copolymer emulsion, 30-70 parts of water absorbent, 1-5 parts of foaming agent, 0.1-10 parts of neutralizing agent, 2-20 parts of film-forming aid, 0.1-10 parts of dispersant, 5-10 parts of flame retardant, 0.1-10 parts of mildew inhibitor, 0.1-10 parts of preservative, 5-60 parts of pigments and fillers, and 5-50 part of water [0012], which reads on wherein the polymeric binder is present in the liquid coating composition in an amount from about 4 wt. % to about 51 wt. %.
Zhou does not teach that the polymeric binder is present in the liquid coating composition in an amount from about 5 wt. % to about 15 wt. %. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize the amount of Zhou’s modified water-based vinyl acetate-acrylic copolymer emulsion in Zhou’s water-based anti-condensation coating to be from about 5% to about 15% by weight. The proposed modification would read on wherein the polymeric binder is present in the liquid coating composition in an amount from about 5 wt. % to about 15 wt. % as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing water resistance, aging resistance, and adhesion of Zhou’s water-based anti-condensation coating because Zhou teaches that the water-based anti-condensation coating comprises, by weight, 10-50 parts of modified water-based vinyl acetate-acrylic copolymer emulsion, 30-70 parts of water absorbent, 1-5 parts of foaming agent, 0.1-10 parts of neutralizing agent, 2-20 parts of film-forming aid, 0.1-10 parts of dispersant, 5-10 parts of flame retardant, 0.1-10 parts of mildew inhibitor, 0.1-10 parts of preservative, 5-60 parts of pigments and fillers, and 5-50 part of water [0012], that the modified waterborne vinyl acetate-acrylic acid copolymer emulsion is based on vinyl acetate-ethylene copolymer emulsion and has excellent foam forming performance, long-lasting foam stability, and good water permeability [0013], and that through acrylic acid modification, it overcomes the defects of traditional waterborne anti-condensation coatings such as poor water resistance and poor aging resistance, and improves adhesion and water resistance [0013], which means that the amount of Zhou’s modified water-based vinyl acetate-acrylic copolymer emulsion in Zhou’s water-based anti-condensation coating in % by weight would have affected water resistance, aging resistance, and adhesion of Zhou’s water-based anti-condensation coating.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. (CN 106590233 A, machine translation in English used for citation) in view of Herbst (EP 3868709 A1) and Sakai et al. (US 2022/0403204 A1) as applied to claim 1, and further in view of Luo (CN 107573772 A, machine translation in English used for citation).
Regarding claim 4, Zhou in view of Herbst and Sakai renders obvious the liquid coating composition of claim 1 as explained above.
Zhou does not teach that the polymeric binder comprises a plurality of particles having an average particle size from about 200 nm to about 350 nm. However, Luo teaches that the particle size of a nanopolymer emulsion is 0.5 nanometers to 500 nanometers [0012], wherein the nanopolymer emulsion is a vinyl acetate-acrylic emulsion [0010] and is present in a water-based, breathable waterproof building coating [0008], wherein the coating is a paint [0019]. Zhou and Luo are analogous art because both references are in the same field of endeavor of a liquid coating composition for decorative paint comprising water and a polymeric binder, the polymeric binder comprising vinyl acrylic. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to optimize the particle size of Zhou’s modified water-based vinyl acetate-acrylic copolymer emulsion to be from 200 nanometers to about 350 nanometers, as suggested by Luo. The proposed modification would read on wherein the polymeric binder comprises a plurality of particles having an average particle size from about 200 nm to about 350 nm as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing the suitability of Zhou’s modified water-based vinyl acetate-acrylic copolymer emulsion for use in Zhou’s water-based anti-condensation coating because Luo teaches that a particle size of a nanopolymer emulsion that is 0.5 nanometers to 500 nanometers is beneficial for being suitable [0012] for a vinyl acetate-acrylic emulsion [0010] that is present in a water-based, breathable waterproof building coating [0008], and that the coating is a paint [0019], and because Zhou teaches that the water-based anti-condensation coating comprises modified water-based vinyl acetate-acrylic copolymer emulsion [0012], which means that the particle size of Zhou’s modified water-based vinyl acetate-acrylic copolymer emulsion in nanometers would have affected suitability of Zhou’s modified water-based vinyl acetate-acrylic copolymer emulsion for use in Zhou’s water-based anti-condensation coating.
Correspondence
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/DAVID T KARST/ Primary Examiner, Art Unit 1767
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