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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/11/2026 has been entered.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 21-23 and 29-31 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Ziegler at al. (US 2007/0059530).
In ¶’s 5, 39 and 40, Ziegler at al. teach a coating composition comprising a polymeric binder in water and a stabilizer composition comprising up to 40% of a UV absorber.
As a UV absorber, the UV absorber would necessarily result in more resistance to discoloration when exposed to UV-C light compared to the coating composition in the absence of the stabilizer composition.
Thus, the requirements for rejection under 35 U.S.C. 102(a)(1)/(a)(2) are met.
Claim(s) 1-4, 7, 11, 14, 15, 18, 21-23 and 29-31 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Ohrbom at al. (USPN 6,165,618).
In col. 2, lines 2-57 and col. 6, lines 32-65, Ohrbom at al. teach a water-borne coating composition comprising a polymeric binder, pigment, and a stabilizer composition comprising stabilizers, UV absorbers, HALS, etc. in amounts to avoid adversely affecting the coating characteristics, exemplified from 3.2-13.4% (See examples).
As UV absorbers, HALS, etc., the stabilizer composition would necessarily result in more resistance to discoloration when exposed to UV-C light compared to the coating composition in the absence of the stabilizer composition.
Thus, the requirements for rejection under 35 U.S.C. 102(a)(1)/(a)(2) are met.
Claim(s) 1-4, 7, 11, 14, 15, 18, 21-23 and 29-31 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Sandoval at al. (US 2019/0367740).
In ¶’s 6, 11 and 60, Sandoval at al. teach a water-borne coating composition comprising a polymeric binder, such as polyacrylate, pigment, and stabilizer composition comprising at least 0.2 wt% UV absorbers, such as 4-methylbenzophenone, and at least 0.5 wt% HALS, etc. (see ¶ 95 and 108).
As UV absorbers, HALS, etc., the stabilizer composition would necessarily result in more resistance to discoloration when exposed to UV-C light compared to the coating composition in the absence of the stabilizer composition.
Thus, the requirements for rejection under 35 U.S.C. 102(a)(1)/(a)(2) are met.
Claim(s) 1-4, 7, 11-15, 18, 19, 21-23 and 29-31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Poppe at al. (WO 2014/026780).
In pages 1 and 2, 5, 6 and 14, Poppe at al. teach a water-borne coating composition comprising a polymeric binder, such as polyurethane, and a stabilizer composition comprising less than 10% of UV absorbers, such as 2,4-dihydroxybenzophenone; wherein UV-protection is achieved by mixing UV-absorbers and stabilizers such as hindered amine light stabilizers (also see page 18).
On page 15, Poppe at al. teach the water-borne coating composition to also comprise pigment exemplified by titanium dioxide, which is consistent with the inorganic UV blockers of the present claims.
With UV absorbers, inorganic UV blockers, light stabilizers, etc., the stabilizer composition would necessarily result in more resistance to discoloration when exposed to UV-C light compared to the coating composition in the absence of the stabilizer composition.
Thus, the requirements for rejection under 35 U.S.C. 102(a)(1) are met.
Response to Arguments
Due to amendments and persuasive arguments by applicant, the previous rejections of record have been overcome and are hereby withdrawn.
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELECHI CHIDI EGWIM whose telephone number is (571)272-1099. The examiner can normally be reached M-Th 9-7.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Jones can be reached at (571) 270-7733. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KELECHI C EGWIM/Primary Examiner, Art Unit 1762
KCE
Prosecution Insights