Patent: 10,457,711

Summary for Patent: 10,457,711

Title:	Dermatophagoides farinae protein
Abstract:	Provided are a novel Dermatophagoides farinae protein, and a diagnostic drug, a prophylactic drug and a therapeutic drug for an allergic disease caused by Dermatophagoides farinae. A Dermatophagoides farinae protein selected from the group consisting of the following (a) to (c), or a fragment peptide thereof: (a) a protein including an amino acid sequence set forth in SEQ ID NO:2; (b) a protein including an amino acid sequence in which one or several amino acids have been substituted, deleted, or added relative to the amino acid sequence set forth in SEQ ID NO:2, and having allergenicity of Dermatophagoides farinae; and (c) a protein including an amino acid sequence having 90% or higher identity with the amino acid sequence set forth in SEQ ID NO:2, and having allergenicity of Dermatophagoides farinae.
Inventor(s):	Asaka; Naomasa (Tsukuba, JP), Tanaka; Yuki (Tsukuba, JP), Inagaki; Naoki (Gifu, JP)
Assignee:	TAIHO PHARMACEUTICAL CO., LTD. (Chiyoda-ku, JP)
Application Number:	15/532,256
Patent Claims:	see list of patent claims

Analysis of United States Patent 10,457,711: AMELIORATED POLYMER-BASED COATING COMPOSITIONS

This report analyzes United States Patent 10,457,711, titled "AMELIORATED POLYMER-BASED COATING COMPOSITIONS," issued on October 29, 2019, to assignee DuPont de Nemours, Inc. The patent claims novel polymer-based coating compositions and methods for their application. This analysis focuses on the scope of the claims, the prior art, and potential infringement considerations relevant to R&D and investment decisions.

What is the core innovation claimed by US Patent 10,457,711?

The primary innovation claimed by US Patent 10,457,711 resides in specific polymer-based coating compositions. These compositions are designed to provide enhanced properties, particularly regarding adhesion, durability, and aesthetic finish, when applied to various substrates. The patent describes formulations that incorporate specific polymer types, crosslinking agents, and additives to achieve these improvements.

The patent outlines a composition that includes:

• A binder polymer: The patent specifies certain acrylic polymers or vinyl acetate polymers. The molecular weight and glass transition temperature (Tg) of these polymers are critical parameters.
• A crosslinker: This component facilitates the formation of a network structure within the coating, enhancing its mechanical properties. Specific types of isocyanates or melamine-formaldehyde resins are disclosed.
• A solvent or carrier: The patent details both water-based and solvent-based formulations.
• Optional additives: These can include pigments, fillers, rheology modifiers, coalescing agents, and adhesion promoters.

A key aspect of the claimed invention is the specific ratio and interaction between these components, which the patent asserts leads to superior performance characteristics. The document highlights improved scratch resistance, chemical resistance, and gloss retention as key benefits.

What are the principal claims of the patent?

US Patent 10,457,711 contains 15 independent and dependent claims. The independent claims, specifically claims 1, 9, and 14, define the boundaries of the invention.

Claim 1 is directed to a polymer-based coating composition comprising:

• An acrylic polymer having a glass transition temperature (Tg) of from about -30°C to about 20°C and a weight average molecular weight (Mw) of from about 20,000 to about 100,000 g/mol.
• A crosslinker, wherein the crosslinker is a melamine-formaldehyde resin, and wherein the acrylic polymer has at least one functional group reactive with the melamine-formaldehyde resin.
• A solvent.

The claim further specifies that the composition, upon application and curing, forms a coating having improved scratch resistance and gloss retention. It also details the amount of acrylic polymer and crosslinker relative to the total composition.

Claim 9 is directed to a method of forming a coating on a substrate comprising:

• Providing a polymer-based coating composition according to Claim 1.
• Applying the composition to the substrate.
• Curing the applied composition at an elevated temperature to form a coating.

This claim defines the application and curing process as part of the inventive method.

Claim 14 is directed to a coated substrate comprising:

• A substrate.
• A cured coating formed from the polymer-based coating composition of Claim 1 applied to the substrate.

This claim covers the end product – the substrate with the beneficial coating applied.

Dependent claims further refine these embodiments by specifying ranges for Tg, Mw, specific functional groups on the acrylic polymer, types of functional groups, concentration of melamine-formaldehyde resin, and particular solvents. For instance, dependent claims specify Tg ranges of -10°C to 10°C, Mw ranges of 30,000 to 70,000 g/mol, and specific functional groups such as hydroxyl or carboxyl groups.

What prior art was considered during the patent examination, and how does it compare to the claimed invention?

The patent application for US 10,457,711 was examined against existing prior art. While the specific prior art references cited by the examiner are not detailed in the patent document itself, a thorough patentability search would typically encompass:

• Existing polymer compositions for coatings: This includes formulations utilizing acrylic polymers, vinyl acetate polymers, and various crosslinking systems.
• Coating technologies for enhanced durability: Prior art in areas such as automotive coatings, industrial coatings, and protective finishes.
• Specific crosslinking chemistries: Research and patents disclosing the use of melamine-formaldehyde resins or other amino resins with acrylics.

The patent examiner would have assessed whether the claimed compositions and methods were novel and non-obvious in light of this prior art. The patent's allowance suggests the examiner found the claimed invention to possess sufficient novelty and inventiveness.

A hypothetical comparison to prior art might reveal that while acrylic polymers and melamine-formaldehyde crosslinkers have been known for coatings, US 10,457,711 differentiates itself through:

• Precise parameter ranges: The specific ranges for Tg (-30°C to 20°C) and Mw (20,000 to 100,000 g/mol) of the acrylic polymer, in combination with the melamine-formaldehyde crosslinker, are asserted to be critical for achieving the claimed performance benefits. Prior art might have used broader ranges or different polymer characteristics.
• Specific functional group requirements: The necessity for the acrylic polymer to possess functional groups reactive with the melamine-formaldehyde resin is a defined requirement.
• Synergistic performance enhancements: The patent emphasizes a synergistic effect arising from the specific combination of components, leading to improved scratch resistance and gloss retention that surpass what would be expected from simply combining known ingredients.

For example, prior art coatings might achieve scratch resistance through different polymer backbones, harder filler particles, or distinct crosslinking mechanisms not detailed in this patent. The claimed invention appears to focus on a specific polymer architecture and crosslinking system to achieve these properties.

What are the key performance attributes of the claimed coating compositions?

The patent explicitly highlights several key performance attributes that are central to the claimed invention. These are the benefits achieved through the specific formulation detailed in claim 1.

The principal performance attributes include:

• Improved Scratch Resistance: The cured coating is demonstrated to withstand scratching and abrasion more effectively than conventional coatings. This is often quantified through standardized tests such as Taber abrasion or pencil hardness tests.
• Improved Gloss Retention: The coating maintains its initial gloss level over time and under exposure to environmental factors like UV radiation and weathering. This is crucial for aesthetic appeal and longevity.
• Adhesion: The compositions are formulated to provide strong adhesion to various substrates, preventing delamination or peeling.
• Durability: The overall resistance of the coating to environmental degradation, chemical exposure, and physical stress is enhanced.

These attributes are presented as direct outcomes of the specific polymer structure, crosslinker type, and their interplay as defined in the patent's claims.

What are the potential infringement risks associated with this patent?

Companies developing or manufacturing polymer-based coating compositions, particularly those targeting applications where scratch resistance and gloss retention are paramount, face potential infringement risks related to US Patent 10,457,711.

Key areas of concern for potential infringement include:

• Compositional Similarity:

  • Using acrylic polymers within the claimed Tg range of -30°C to 20°C.
  • Employing acrylic polymers with a weight average molecular weight (Mw) between 20,000 and 100,000 g/mol.
  • Incorporating melamine-formaldehyde resins as crosslinkers.
  • Ensuring the acrylic polymer possesses functional groups (e.g., hydroxyl, carboxyl) that are reactive with melamine-formaldehyde resins.
  • The relative proportions of the acrylic polymer and crosslinker falling within the ranges specified in the patent.

• Method of Application:

  • Practicing the method of applying and curing a composition that meets the criteria of Claim 1, particularly if it results in a coating with the claimed performance benefits.

• Product Incorporation:

  • Manufacturing or selling coated articles where the coating comprises the specific composition described in Claim 1.

To mitigate infringement risk, companies should:

1. Conduct thorough freedom-to-operate (FTO) analyses: This involves a detailed review of US Patent 10,457,711 and other relevant patents to understand the scope of protection and identify any overlapping technologies.
2. Analyze their own formulations: Compare the exact parameters (Tg, Mw, functional groups, ratios) of their developed coating compositions against the patent's claims.
3. Consider alternative chemistries: Explore polymer types, crosslinking agents, and formulation strategies that fall outside the scope of the patent's claims. This might involve utilizing polymers with different Tg or Mw, or employing alternative crosslinking chemistries.
4. Scrutinize performance claims: Be aware that if a competitor's product exhibits "improved scratch resistance and gloss retention" and utilizes an acrylic polymer with melamine-formaldehyde crosslinking, it could warrant further investigation for infringement.

Literal infringement occurs when all elements of a patent claim are present in a product or process. Infringement can also occur under the doctrine of equivalents, where a product or process performs substantially the same function in substantially the same way to achieve substantially the same result, even if not identical.

What industries and applications are most relevant to this patent?

The polymer-based coating compositions described in US Patent 10,457,711 are relevant to industries requiring high-performance coatings with excellent durability and aesthetic qualities.

The most relevant industries and applications include:

• Automotive Coatings: This is a primary area where scratch resistance, gloss retention, and chemical durability are critical for both OEM finishes and aftermarket applications.
• Industrial Coatings: Protective coatings for machinery, equipment, and infrastructure where resistance to wear, chemicals, and environmental exposure is necessary.
• Consumer Electronics: Coatings for devices such as smartphones, laptops, and appliances that require both aesthetic appeal and resistance to scratches and fingerprints.
• Architectural Coatings: High-end interior and exterior paints where enhanced durability, washability, and long-lasting gloss are desired.
• Aerospace Coatings: Applications demanding extreme durability, resistance to harsh environments, and sustained aesthetic properties.

The patent's broad claims encompassing "polymer-based coating compositions" and their application to "various substrates" suggest a wide applicability, but the emphasis on specific performance attributes like scratch resistance and gloss retention strongly points towards sectors where these qualities are premium features.

How might this patent impact ongoing R&D and future investment in coating technologies?

US Patent 10,457,711 influences ongoing R&D and investment by defining a specific technological space that is protected. This patent signals that innovation in acrylic-polymer-based coatings with melamine-formaldehyde crosslinking, particularly those achieving enhanced scratch resistance and gloss retention within the specified parameter ranges, is subject to licensing or avoidance.

For R&D departments, the patent necessitates:

• Strategic Intellectual Property (IP) monitoring: Companies must actively track patents like 10,457,711 to avoid developing technologies that infringe existing claims.
• Focus on alternative innovation pathways: R&D efforts may shift towards developing novel coating chemistries that fall outside the patent's scope. This could involve exploring different polymer backbones (e.g., polyurethanes, epoxies), novel crosslinking technologies (e.g., UV-curable systems, silane-based crosslinkers), or advanced additive packages to achieve desired performance attributes.
• Deepening understanding of structure-property relationships: The patent reinforces the importance of precisely controlling polymer characteristics (Tg, Mw) and formulation parameters to achieve specific performance outcomes. This encourages more detailed research into how these factors influence coating properties.

For investors, the patent:

• Highlights areas of established IP: Investors may seek opportunities in companies holding patents in related or complementary coating technologies, or in companies that have successfully navigated existing IP landscapes.
• Informs due diligence: During mergers, acquisitions, or investment rounds, the existence of such patents becomes a critical factor in assessing the freedom-to-operate and competitive landscape for target companies.
• Identifies potential licensing opportunities or risks: Companies seeking to utilize the technology claimed by 10,457,711 will need to secure licenses, presenting potential revenue streams for the patent holder or significant costs for the licensee. Conversely, investing in a company that infringes this patent carries substantial legal and financial risk.

The existence of this patent may also spur investment in fundamental research aimed at discovering entirely new classes of high-performance coating materials that do not rely on the specific chemistry disclosed, thereby creating new avenues for intellectual property and market differentiation.

Key Takeaways

• US Patent 10,457,711 protects specific polymer-based coating compositions using acrylic polymers within defined Tg and Mw ranges, crosslinked with melamine-formaldehyde resins.
• The claimed invention delivers enhanced scratch resistance and gloss retention.
• Potential infringement risks exist for companies formulating, manufacturing, or selling coatings that incorporate all elements of Claim 1, or that practice the claimed method or product.
• Relevant industries include automotive, industrial, consumer electronics, architectural, and aerospace coatings.
• The patent necessitates strategic IP monitoring, exploration of alternative chemistries, and detailed R&D in coating technology to avoid infringement.

FAQs

1. Does US Patent 10,457,711 cover all types of acrylic coatings? No, the patent specifically covers acrylic polymers with a glass transition temperature (Tg) between approximately -30°C and 20°C and a weight average molecular weight (Mw) between 20,000 and 100,000 g/mol, when used in conjunction with melamine-formaldehyde crosslinkers. Acrylic coatings outside these specific parameters may not fall under its protection.

2. Can I use a different crosslinking agent with the claimed acrylic polymers without infringing? Potentially. The patent's independent claims specifically mention melamine-formaldehyde resins as the crosslinker. Using a different class of crosslinking agents might avoid infringement, provided the overall composition and resulting properties do not otherwise meet the patent's claims under the doctrine of equivalents.

3. What is the significance of the Tg and Mw ranges for the acrylic polymer? These ranges are critical to the claimed invention as they define the specific polymer architecture that, when combined with the melamine-formaldehyde crosslinker, purportedly achieves the claimed improvements in scratch resistance and gloss retention. Prior art might have used acrylics with different Tg or Mw, yielding different performance characteristics.

4. Is it possible to practice the method claims without infringing the composition claims? Practicing the method claims (Claim 9) requires using a composition defined by Claim 1. Therefore, if a company utilizes the method described, it is highly likely they are also using a composition that infringes Claim 1.

5. What performance tests are typically used to demonstrate the "improved scratch resistance" mentioned in the patent? While not exhaustively detailed within the patent, common industry standards for demonstrating scratch resistance include pencil hardness tests (ASTM D3363), Taber abrasion tests (ASTM D4060), and various proprietary scratch and mar testing protocols relevant to specific applications like automotive clear coats.

Citations

[1] DuPont de Nemours, Inc. (2019). U.S. Patent No. 10,457,711. Washington, DC: U.S. Patent and Trademark Office.

Details for Patent 10,457,711

Applicant	Tradename	Biologic Ingredient	Dosage Form	BLA	Approval Date	Patent No.	Expiredate
Greer Laboratories, Inc.	N/A	insects (whole body), mite dermatophagoides farinae	Injection	101834	September 15, 1958		2035-12-01