DETAILED ACTION
This Office action is in response to the request for continued examination filed on November 19th, 2025. Claims 1, 3, 5-11, 14-15, and 17-21 are pending.
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 § 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.
Claim(s) 1, 3, 5-11, 14-15, and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2014/0371384 (Fischer et al.) in view of US 2004/0065852 (Harrell et al.).
Regarding claim 1, Fischer et al. disclose a system for cross-linking UV-curable paints applied to a support, comprising:
a painting area (‘According to the method according to the invention, in the first step (1) the coating agent is applied to a suitable substrate by the methods known to the person skilled in the art.’ P 37);
a pre-gelling zone (‘A partial gelation of the coating agent takes place in this step (2).’ P 38); a surface polymerization zone (‘Then in step (3) the coating obtained from step (2) is irradiated with UV … causing micro-folding to occur.’ P 43);
a final polymerization zone (‘The finish curing (step (4)) of the coating obtainable from step (3) takes place by means of actinic radiation such as for example UV radiation,’ P 46); and
wherein, the surface polymerization zone is provided with:
at least one Excimer lamp (‘Suitable radiation sources for step (3) are excimer UV lamps,’ P 44); and
one or more translation guides configured to support the support at a bottom surface of the support, the one or more translation guides being configured to move (‘such that the item to be irradiated is moved past the radiation source by means of a mechanical device,’ P 48 and 49);
Fisher et al. does not disclose a lower reflecting element; an upper reflective element; or two lateral reflecting elements; wherein the lateral reflecting elements are provided with systems for adjusting an inclination with respect to the plane for adjusting the distance to the support. Fisher et al. also does not specify the form of the translation guides.
Harrell et al. disclose a curing apparatus with a curing zone including a lower reflecting element (fig. 2-3, element 40); an upper reflective element (‘In this case, the additional reflector is positioned above the top surface of the conveyor.’ P 6); and two lateral reflecting elements (fig. 2, elements 2 & 34); wherein the lateral reflecting surfaces are provided with systems for adjusting the inclination with respect to the plane or for adjusting the distance to the support (‘The side reflectors 32, 34 are preferably elliptical in shape, or curved otherwise as necessary or desired for the application, and are connected to respective support structure 42, 44 for retaining the reflectors 32, 34. The support structure 42, 44 is mounted for adjustable movement along respective slots 46, 48 in frame members 50, 52.’ P 17). It would have been obvious to a person having ordinary skill in the art at the time the application was filed to modify the system of Fisher et al. to include the reflecting elements of Harrell et al. to direct the ultraviolet light to all sides of the object/support.
Harrell et al. further discloses a translation guide having an uppermost surface spaced above the lower reflecting element such that an uppermost surface of the one or more translation guides is arranged between the lower reflecting element and the upper reflecting element (fig. 2, element 22), said one or more translation guides configured to contact a portion of the bottom surface of the support such that remaining portions of the bottom surface of the support directly face the lower reflecting element without any intervening components and are spaced apart from the lower reflecting element by a distance (“An ultraviolet light permeable conveyor 22, which may be formed of a Teflon.TM. mesh material, is mounted within the chamber 14 to move the product 12 through the interior space 20 from the inlet 16 to the outlet 18. Preferably, the mesh material is preferably 80%-90% open to allow significant amounts of ultraviolet light to pass through the conveyor 22.” P 15). It would have been obvious to a person having ordinary skill in the art at the time the application was filed to use the mesh-based translation guides of Harrell for the unspecified mechanical transport means of Fisher et al. so that ultraviolet light could reach the bottom surface of the support.
Neither Fischer nor Harrell disclose whether the position of the excimer lamp is independently adjustable. However, it is common in the art to make Excimer lamp fixation devices adjustable. It would have been obvious to a person having ordinary skill in the art at the time the application was filed to make the position of the Excimer lamp independently adjustable so they could be re-arranged as desired for irradiating different supports with differing shapes.
Regarding claim 3, Fischer et al. in view of Harrell et al. disclose the system according to claim 1, wherein at least one area of the pre-gelling and final polymerization zones is provided with:
at least one light source (‘High- or medium-pressure mercury vapour lamps are preferably used in the method according to the invention in step (2), wherein the mercury vapour can be modified by doping with other elements such as gallium or iron.’ P 41 and ‘The finish curing (step (4)) of the coating obtainable from step (3) takes place by means of actinic radiation such as for example UV radiation, electron beam radiation, X-ray radiation or gamma radiation. … High- and medium-pressure mercury vapour lamps are used in particular as UV radiation sources, wherein the mercury vapour can be doped with further elements such as gallium or iron. Furthermore, UV-emitting LEDs and laser-pulsed lamps known as UV flash emitters are suitable.’ P 46);
one or more translation guides for moving the support, said translation guides being such as to space the support by a distance with respect to the lower reflecting element (as above, the translation guide will move through all zones).
As with the surface polymerization zone, it would have been obvious to a person having ordinary skill in the art at the time the application was filed to modify the pre-gelling and/or final polymerization zones to include a lower reflective element and an upper reflective element as seen in Harrell et al. to ensure irradiation of all sides of the support.
Regarding claim 5, Fisher et al. in view of Harrell et al. disclose the system according to claim 3, wherein the light source is chosen from: LED lamps capable of emitting radiation with a wavelength between 365 and 405 nm; low power arc UV lamps such as gallium, mercury or iron lamps with a power between 10 and 50 W/cm or other UV lamps; UV lamps capable of producing monochromatic wavelengths in the UV-C region (200-300 nm); Gallium UV lamps or UV-LED lamps capable of emitting radiation with a wavelength between 300 and 420 nm; mercury lamps with variable powers between 80 and 200 W / cm; and related combinations (‘UV-A-emitting radiation sources (e.g. fluorescent tubes, LED technology or lamps, which are sold for example by Panacol-Elosol GmbH, Steinbach, Germany, under the name UV-H 254, Quick-Start UV 1200, UV-F 450, UV-P 250C, UV-P 280/6 or UV-F 900), high- or medium-pressure mercury vapour lamps, wherein the mercury vapour can be modified by doping with other elements such as gallium or iron, pulsed lamps (known as UV flash lamps) or halogen lamps, for example, are suitable as radiation sources for UV light in the specified wavelength range in step (2).’ P 40 and ‘The finish curing (step (4)) of the coating obtainable from step (3) takes place by means of actinic radiation such as for example UV radiation, electron beam radiation, X-ray radiation or gamma radiation. UV radiation in the wavelength range from ≥200 nm to ≤420 nm, preferably ≥280 nm to ≤420 nm, in a radiation dose from 80 to 4000 mJ/cm2, preferably 80 to 2000 J/cm2, particularly preferably 80 to 600 mJ/cm2, and electron beam radiation (150 to 300 kV) in a dose of 10 to 100 kGy, preferably 20 to 50 kGy, are preferred. High- and medium-pressure mercury vapour lamps are used in particular as UV radiation sources, wherein the mercury vapour can be doped with further elements such as gallium or iron. Furthermore, UV-emitting LEDs and laser-pulsed lamps known as UV flash emitters are suitable.’ P 46).
Regarding claim 6, Fisher et al. in view of Harrell et al. disclose the system according to claim 1, in which Excimer lamps are using, capable of emitting a radiation with a wavelength of 172 nm (‘Suitable radiation sources for step (3) are excimer UV lamps, which emit UV light … particularly preferably 172 nm.’ P 44)) in an inert nitrogen atmosphere with oxygen levels between 1 and 1,000 ppm (‘The curing in step (3) is particularly preferably performed in an inert gas atmosphere. … Nitrogen, carbon dioxide, combustion gases, helium, neon or argon are preferably used, particularly preferably nitrogen. This nitrogen should contain only very small amounts of foreign gases such as oxygen for example. Degrees of purity of <300 ppm oxygen are preferably used.’ P 44-45).
Fisher does not disclose whether the Excimer lamp outputs a power of between 0.5 and 50 Watts/cm, or whether it is water or air cooled. However, Xenon Excimer lamps with such output power are known, and it is common in the art to cool lamps with water or air. It would have been obvious to a person having ordinary skill in the art to use an Excimer in the specified power range to ensure adequate polymerization. It would have been obvious to a person having ordinary skill in the art at the time the application was filed to use air or water to cool the Excimer lamp to prevent heating of the chamber that could result in warping the paint being polymerized.
Regarding claim 7, Fisher et al. in view of Harrell et al. disclose the claimed system, except it is silent as to whether the system is realized as: a single device where the pre-gelling steps (step 3), Excimer surface polymerization (step 4, final polymerization (step 5) are carried out continuously. It would have been obvious to a person having ordinary skill in the art at the time the application was filed to perform all the steps in a single device with all steps being carried out continuously to increase throughput.
Regarding claim 8, Fisher et al. in view of Harrell et al. disclose the system according to claim 1, wherein the one or more translation guides are configured to move the support between each zone in a transport direction (‘such that the item to be irradiated is moved past the radiation source by means of a mechanical device,’ P 48 and 49, also convey of Harrell moves the support in a transport direction), and wherein the Excimer lamp is arranged with respect to the transport direction (‘For the curing under atmospheric conditions the emitters can be installed in a fixed location, such that the item to be irradiated is moved past the radiation source by means of a mechanical device,’ P 48). Fischer et al. is silent as to the location of the Excimer lamp.
Harrell et al. disclose a curing apparatus where the light source is arranged above the object to be cured, perpendicularly with respect to the transport direction or with an inclination up to 60° (Harrell et al., ‘The ultraviolet light source 30 … is mounted to the top of the chamber 14 such that the ultraviolet light is directed generally vertically downward.’ P 16, see fig. 2 to see perpendicular arrangement, as shown by light ray paths). It would have been obvious to a person having ordinary skill in the art at the time the application was filed to place the Excimer lamp above the support and perpendicular with respect to the radiation direction or with an inclination up to 60° as in Harrell et al. so that the light irradiates the top portion of the support.
Regarding claim 9, Fisher et al. in view of Harrell et al. disclose the system according to claim 3, wherein the one or more translation guides are configured to move the support between each zone in a transport direction (‘such that the item to be irradiated is moved past the radiation source by means of a mechanical device,’ P 48 and 49, also convey of Harrell moves the support in a transport direction), wherein each of the light sources is independently arranged respect to the transport direction (‘For the curing under atmospheric conditions the emitters can be installed in a fixed location, such that the item to be irradiated is moved past the radiation source by means of a mechanical device,’ P 48 and ‘For curing under inert gas conditions the emitters are preferably installed in a fixed location, such that the item to be irradiated is moved past the radiation source by means of a mechanical device.’ P 49). Fischer et al. is silent as to the location of the lamps.
Harrell et al. disclose a curing apparatus where the light source is arranged above the object to be cured, perpendicularly with respect to the transport direction or with an inclination up to 60° (Harrell et al., ‘The ultraviolet light source 30 … is mounted to the top of the chamber 14 such that the ultraviolet light is directed generally vertically downward.’ P 16, see fig. 2 to see perpendicular arrangement, as shown by light ray paths). It would have been obvious to a person having ordinary skill in the art at the time the application was filed to place the light sources above the support and perpendicular with respect to the radiation direction or with an inclination up to 60° as in Harrell et al. so that the light irradiates the top portion of the support.
Regarding claim 10, Fisher et al. in view of Harrell et al. disclose the system according to claim 3, wherein the lower, upper and lateral reflecting elements are chosen from: mirror-polished AISI 316 stainless steel mirrors or aluminum (Harrell et al., ‘The reflector(s) may be made of any reflective material, but a highly polished dimpled aluminum material is presently preferred.’ P 8).
Regarding claim 11, Fisher et al. in view of Harrell et al. disclose the system according to claim 3, wherein the support has a width that is at least the distance between the two translation guides; wherein the support is moved by one or more translational guides, and wherein the length of each of the light sources and of the Excimer lamp independently covers all the width of the support and protrudes on both sides for a distance of at least 10%, with respect to the width of the support itself (Harrell et al., fig. 2, where it is clear from light rays 36 that the width of the lamp greater than the width of the object being irradiated, with protrusion clearly greater than 10%).
Regarding claim 14, Fisher et al. in view of Harrell et al. disclose the claimed system except it is silent as to whether the distance of moving the support using one or more translation guides is greater than 0.1 mm. However, given the size of typical Excimer lamps, moving distances of at least tens of centimeters would be required to move the support through the chamber, so it would have been obvious to make the distance of moving the support orders of magnitude greater than 0.1mm in order to perform the cross-linking.
Regarding claim 15, Fisher et al. in view of Harrell et al. disclose a method of obtaining ultra-matt coated surfaces obtained by using UV cross-linkable coating products using the system of Claim 1, comprising the following steps:
applying the UV cross-linkable coating product with a thickness from 30 to 300 µm (‘According to the method according to the invention, in the first step (1) the coating agent is applied to a suitable substrate by the methods known to the person skilled in the art. The coating agent is applied to the substrate in coating thicknesses (before curing) of ≥ 5 µm to ≤ 650 µm,’ P 37);
optionally evaporating solvents and/or coalescents or water,
pre-gelling using one or more radiation sources (‘In step (2) the radiation-curable coating agent is irradiated with UV light of wavelength ≥200 nm to ≤420 nm, preferably ≥280 nm to ≤420 nm. The necessary radiation dose is in the range from 25 to 120 mJ/cm2, preferably 30 to 100 mJ/cm2. A partial gelation of the coating agent takes place in this step (2).’ P 38),
polymerizing and crosslinking the surface layer of the coating film using at least one Excimer lamp (‘Then in step (3) the coating obtained from step (2) is irradiated with UV light having a wavelength from ≥120 nm to ≤230 nm, preferably from ≥150 nm to ≤225 nm, particularly preferably 172 nm, causing micro-folding to occur. Suitable radiation sources for step (3) are excimer UV lamps,’ P 43-44).
Regarding claim 17, Fisher et al. in view of Harrell et al. disclose system according to claim 1, wherein the support is a three-dimensional object (‘According to the method according to the invention, in the first step (1) the coating agent is applied to a suitable substrate by the methods known to the person skilled in the art. The coating agent is applied to the substrate in coating thicknesses (before curing) of ≥ 5 µm to ≤ 650 µm,’ P 37).
Regarding claim 18, Fisher et al. in view of Harrell et al. disclose method according to claim 15, wherein the support is a three-dimensional object (‘According to the method according to the invention, in the first step (1) the coating agent is applied to a suitable substrate by the methods known to the person skilled in the art. The coating agent is applied to the substrate in coating thicknesses (before curing) of ≥ 5 µm to ≤ 650 µm,’ P 37), wherein after the polymerizing and crosslinking of the surface layer, each ultra-matt coated surface of the three-dimensional object has the same resistance to the squaring test carried out according to the UNI EN ISO 2409:2013 standard (intended result, "‘whereby clause in a method claim is not given weight when it simply expresses the intended result of a process step positively recited.’" Id. (quoting Minton v. Nat’l Ass’n of Securities Dealers, Inc., 336 F.3d 1373, 1381, 67 USPQ2d 1614, 1620 (Fed. Cir. 2003)).).
Regarding claim 19, Fisher et al. in view of Harrell et al. disclose the claimed invention except for the two lateral reflecting elements being in direct contact with the lower reflecting element. It would have been obvious to a person having ordinary skill in the art at the time the application was filed to modify the system of Fisher et al. in view of Harrell et al. to allow for direct contact between the lateral reflecting elements and the lower reflecting element to ensure the reflective assembly was light tight.
Regarding claim 20, Fisher et al. in view of Harrell et al. disclose system according to claim 1, wherein the two lateral reflecting elements laterally surround outermost surfaces of the one or more translation guides (Harrell et al., fig. 2 & 3).
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fisher et al. in view of Harrell et al.as applied to claim 1 above, and further in view of US 5,116,639 (Kolk et al.).
Regarding claim 21, Fisher et al. in view of Harrell et al. disclose the claimed invention except for a bottommost surface of the one or more translation guides is not arranged below the lower reflecting element such that the lower reflecting element is arranged between the uppermost and the bottommost surfaces of the one or more translation guides. The translation guide of Harrell et al. is incompatible with such an arrangement, because it translates with the support.
Kolk et al. discloses a system for cross-linking UV-curable paints applied to a support including one or more translation guides configured to support the support at the bottom surface of the support and transport it through an irradiation area between a lower and upper reflecting element (see especially fig. 33, using rollers 10 to transport the object being irradiated through an irradiation area 13 between reflecting elements 14 & 15). It would have been obvious to a person having ordinary skill in the art at the time the application was filed to substitute the roller type translation guides of Kolk et al. for the conveyer belt type translation guide of Harrell because they are functional equivalents.
It would further have been obvious to a person having ordinary skill in the art at the time the application was filed to modify the system of Fisher et al. in view of Harrell et al. and Kolk et al. to place the lower reflecting element between the uppermost and the bottommost surfaces of the one or more translation guides to reduce the spacing between the lower reflecting element and the bottom of the support, ensuring that all light in the region is directed to the bottom surface and none to the sides.
Conclusion
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/ELIZA W OSENBAUGH-STEWART/Primary Examiner, Art Unit 2881