DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/12/2026 has been entered.
Response to Amendment
In response to the amendment received on 02/12/2026:
claims 1, 3, 10-12, 14-15, 17 and 19 are currently pending
claims 1, 3, 15 and 17 are amended
new prior art grounds of rejection applying Son, Callier and VANADUR are presented herein
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 text of those sections of Title 35 U.S. Code not included in this action can be found in a prior Office Action.
Claims 1, 3 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Son et al. (KR 102085595 B1) with reference to the provided machine translation, hereinafter referred to as SON, in view of VANADUR. Bismuth vanadate. Data Sheet retrieved https://admin.heubach.com/wp-content/uploads/heubach_a781b403939d44c581d3d8fd2dbae039.pdf on 03.02.2026 and VANADUR. Encapsulated Bismuth vanadate pigment. Data Sheet retrieved from https://www.sudarshan.com/products/vanadur-plus-yellow-9010-c/ on 03.02.2026, hereinafter referred to as VANADUR.
Regarding claim 1, SON teaches a method for reducing or preventing a colour change of a non-stick coating for household articles during a manufacturing process of a household article (see SON at paragraphs [7]-[8]: to provide a cooking utensil manufacturing method comprising a thermochromic composite coating layer having excellent wear resistance, durability and interlayer adhesion of the composite coating layer; excellent in thermal conductivity and antifouling properties; a thermochromic composite coating layer having excellent non-stick properties), comprising preparing a coat formulation with BiVO4 (see SON at paragraph [17]: bismuth vanadate),
b) depositing the non-stick coating on a face of a substrate of the household article, said non-stick coating comprising one or more coats (see SON at paragraph [24]: the cooking utensil manufacturing method comprising forming a primer layer of the surface of the metal substrate … and forming a top layer); wherein at least one coat comprises the coat formulation with BiVO4 (see SON at paragraphs [75]: the top coating comprises first pigment; and [80]: the first pigment may include bismuth vanadate) in order to reduce or prevent the colour change of the coat that contains BiVO4, or in order to reduce or prevent the colour change of another coat superimposed on top of the coat that contains BiVO4 in the same non-stick coating,
c) sintering the household article obtained in step b) (see SON at paragraph [93]: the heat treatment may be made at 380~450 °C; under the above conditions, the primer layer, the toning layer, the heat discoloration layer, and the top coating layer may be cured).
SON teaches composite coating layer comprising first pigment (see SON at paragraph [10]) including bismuth vanadate/BiVO4 (paragraph [17]). Additionally, SON teaches a coating having excellent wear resistance and durability, thus, indicating preserving the integrity of the coating including preservation of color. According to MPEP §2112(I): “the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable. In re Best, 562 F.2d 1252, 1254, 195 USPQ 430, 433 (CCPA 1977). In In re Crish, 393 F.3d 1253, 1258, 73 USPQ2d 1364, 1368 (Fed. Cir. 2004)”.
SON teaches the non-stick coating composition comprising bismuth vanadate (see SON at paragraphs [17] and [33]: pigment may include one or more of …, bismuth vanadate). While SON is silent with respect to bismuth vanadate being in the form of non-encapsulated particles, SON does not disclose or suggest the use of encapsulated pigments in the disclosed composition. SON does not specify the preferred type of bismuth vanadate pigment, but merely states that the pigment may include bismuth vanadate (see SON at paragraph [17]). Based on the disclosure of SON one of ordinary skill in the art would have anticipated success when using any commercially available bismuth vanadate pigments, such as bismuth vanadate pigment VANADUR 1010 (see attached VANADUR. Bismuth vanadate. Data Sheet). VANADUR. Bismuth vanadate. Data Sheet explicitly discloses bismuth vanadate pigment. It is noted, that another commercially available VANADUR product is silica and alumina encapsulated bismuth vanadate (see attached VANADUR. Encapsulated Bismuth vanadate pigment. Data Sheet).
Therefore, based on description of commercially available bismuth vanadate pigment, one of ordinary skill in the art would have recognized that the term “bismuth vanadate pigment” refers to the non-encapsulated compound. Moreover, based on the disclosure of SON merely stating that the pigment may include bismuth vanadate (see SON at paragraph [17]), it would be obvious to one of ordinary skill in the art to use any type of bismuth vanadate pigments, such as commercially available non-encapsulated VANADUR 1010, in the absence of unexpected results.
Regarding claim 3, SON as modified by VANADUR teaches the method according to claim 1, wherein an amount of BiVO4 (see SON at paragraph [17]: the first pigment includes bismuth vanadate) in each of the coats of said non-stick coating for household articles into which it is added is from 0.1 to 100% by weight relative to a weight of said coat in a dry state (see SON at paragraph [10]: 100 parts by weight of a fluorine-based base resin; 10-50 parts by weight of an alkoxy silane compound; 5 to 50 parts by weight of the first pigment, 0.5 to 15 parts by weight of molybdenum disulfide, and 1 to 15 parts by weight of a phosphoric acid ester compound). SON teaches 2.7% to 31% of bismuth vanadate, which is within the claimed range.
Regarding claim 10, SON as modified by VANADUR teaches the method according to claim 1, wherein said non-stick coating for household articles comprises, in the following order from the face of the substrate of the household articles on which it will be applied: one or more primer coats, and one or more finish coats (see SON at paragraph [24]: the cooking utensil manufacturing method comprising forming a primer layer of the surface of the metal substrate … and forming a top layer).
Regarding claim 11, SON as modified by VANADUR teaches the method according to claim 1, wherein said non-stick coating for household articles is a fluoropolymer-based coating (see SON at paragraph [10]: primer layer containing a fluorine-based resin).
Regarding claim 12, SON as modified by VANADUR teaches the method according to claim 11, wherein the fluoropolymer(s) are chosen in the group comprising polytetrafluoroethylene (PTFE), copolymers of tetrafluoroethylene and perfluoropropyl vinyl ether (PFA), copolymers of tetrafluoroethylene and hexafluoropropene (FEP), polyvinylidene fluoride (PVDF), copolymers of tetrafluoroethylene and polymethyl vinyl ether (MVA), terpolymers of tetrafluoroethylene, polymethyl vinyl ether and fluoroalkyl vinyl ether (TFE/PMVE/FAVE) and ethylene tetrafluoroethylene (ETFE) and mixtures thereof (see SON at paragraph [15]: the fluorine-based resin is polytetrafluoroethylene (PTFE), tetrafluoroethylene-hexafluoropropylene copolymer (FEP), tetrafluoroethylene-perfluoro alkylvinyl ether copolymer (PFA) and polyvinylidene fluoride (PVDF)).
Claims 1, 14-15, 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Caillier et al. (WO 2017/153698 A1) with reference to US equivalent US 2019/0099780 for citations, hereinafter referred to as CAILLIER, in view of VANADUR.
Regarding claim 1, CALLIER teaches a method for reducing or preventing a colour change of a non-stick coating (see CALLIER at Example 1, p. 6: substrate with non-stick coating) for household articles during a manufacturing process of a household article (see CALLIER at paragraph [0001]: a method for producing a small heating household equipment article comprising a heat-stable coating), comprising:
a) preparing a coat formulation with BiVO4 (see CALLIER at paragraph [0084]: heat-stable pigments; semiconducting thermochromic metallic oxides such as BiVO4) wherein:
b) depositing the non-stick coating on a face of a substrate of the household article, said non-stick coating comprising one or more coats (see CAILLIER at paragraph [0099]: the heat-stable coating may comprise at least one decoration and /or at least one other layer such as an undercoat, a primer layer or a protective layer); wherein at least one coat comprises the coat formulation with BiVO4 (see CAILLIER at paragraphs [0001]: a method for producing a small heating household equipment article comprising a heat-stable coating, and [0084]: heat-stable pigments; BiVO4) in order to reduce or prevent the colour change of the coat that contains BiVO4, or in order to reduce or prevent the colour change of another coat superimposed on top of the coat that contains BiVO4 in the same non-stick coating,
c) sintering the household article obtained in step b) (see CAILLIER at paragraphs [0092]: curing of the coated substrate; and [0095]: at temperature greater than 300°C).
CAILLIER teaches a heat-stable coating comprising heat-stable pigments (see CALLIER at paragraphs [0001] and [0084]), thus, indicating preserving the integrity of the coating including preservation of color (see MPEP §2112(I)).
CAILLIER teaches the composition comprising BiVO4 (see CAILLIER at paragraph [0084]: semiconducting thermochromic pigments (for example, semiconducting metallic oxides such as BiVO4), CAILLIER is silent with respect to BiVO4 being in the form of non-encapsulated particles.
While CALLIER is silent with respect to bismuth vanadate being in the form of non-encapsulated particles, CALLIER does not disclose or suggest the use of encapsulated pigments in the disclosed composition. CALLIER does not specify the preferred type of bismuth vanadate pigment, but merely states that semiconducting thermochromic pigments include bismuth vanadate (see CALLIER at paragraph [0084]). Based on the disclosure of CALLIER one of ordinary skill in the art would have anticipated success when using any commercially available bismuth vanadate pigments, such as bismuth vanadate pigment VANADUR 1010 (see attached VANADUR. Bismuth vanadate. Data Sheet). VANADUR. Bismuth vanadate. Data Sheet explicitly discloses bismuth vanadate pigment. It is noted, that another commercially available VANADUR product is silica and alumina encapsulated bismuth vanadate (see attached VANADUR. Encapsulated Bismuth vanadate pigment. Data Sheet).
Therefore, based on description of commercially available bismuth vanadate pigment, one of ordinary skill in the art would have recognized that the term “bismuth vanadate pigment” refers to the non-encapsulated compound. Moreover, based on the disclosure of CALLIER merely stating that semiconducting thermochromic pigments include bismuth vanadate (see CALLIER at paragraph [0084]), it would be obvious to one of ordinary skill in the art to use any type of bismuth vanadate pigments, such as commercially available non-encapsulated VANADUR 1010, in the absence of unexpected results.
Regarding claim 14, CAILLIER as modified by VANADUR teaches the method of claim 1, wherein said coating comprises one or more decorations (see CALLIER at paragraph [0099]: the heat-stable coating may comprise at least one decoration).
Regarding claim 15, CAILLIER as modified by VANADUR teaches the method of claim 14, wherein BiVO4 is added into a decoration in order to reduce or prevent colour change of the decoration (see CALLIER at Example 14, paragraphs [0227]: a composition based on a mixture of PTFE and PFA dispersions and a pigment dispersion, mixture of cobalt blue and bismuth vanadate; and [0232]: the coating presents a decorative pattern). As was discussed above in rejection of claim 1 spanning paragraphs on pages 7-9, CAILLIER teaches a heat-stable coating comprising heat-stable pigments (see CALLIER at paragraphs [0001] and [0084]), thus, indicating preserving the integrity of the coating including preservation of color.
Regarding claim 17, CAILLIER as modified by VANADUR teaches the method according to claim 1, wherein BiVO4 is added in a coat applied under a decoration in order to reduce or prevent colour change of the decoration (see CALLIER at Example 14, paragraphs [0227]: a composition based on a mixture of PTFE and PFA dispersions and a pigment dispersion, mixture of cobalt blue and bismuth vanadate, said primer; [0230]: a composition of color clearly distinct from the color of the primer layer, based on a mixture of PTFE and PFA dispersion and an iron oxide pigment dispersion, this composition is printed covering the first green layer; and [0232]: red decorative pattern on a green background). CAILLIER teaches a primer coat comprising bismuth oxide under the color coat comprising iron oxide. As was discussed above in rejection of claim 1 spanning paragraphs on pages 6-7, CAILLIER teaches a heat-stable coating comprising heat-stable pigments (see CALLIER at paragraphs [0001] and [0084]), thus, indicating preserving the integrity of the coating including preservation of color.
Regarding claim 19, CAILLIER as modified by VANADUR teaches the method according to claim 1, wherein said non-stick coating for household articles comprises, in the following order from the face of the substrate of the household article on which it will be applied: one or more primer coats, one or more continuous or discontinuous decorative coats (see CALLIER at paragraphs [0230]: composition is printed following a discontinuous pattern, and [0232]: decorative pattern), and one or more finish coats (paragraph [0099]: the heat-stable coating may comprise at least one decoration and /or at least one other layer such as an undercoat, a primer layer or a protective layer).
Response to Arguments
Applicant’s arguments with respect to claims being unpatentable in view of ETZRODT 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.
Applicant attaches Z. Hongwei et al., Multicoating construction of BiVO4@SiO2 yellow pigment for enhanced thermal stability and acid resistance, J. Coat. Technol. Res., 21 (6) 2117-2127, 2024, discussing the poor thermal stability and acid resistance of BiVO4 pigments, which is solved by multicoating (see Remarks received on 02/12/2026 spanning paragraphs on page 7).
In response to Applicant arguments that the provided reference supports a conclusion that BiVO4 pigments are typically coated to improve thermal stability and chemical, e.g., acid, resistance, it is noted that the prior art (SON and CALLIER) applied to reject the present claims does not indicate and suggests use of coated pigments (see rejection of claim 1 above). SON does not specify the preferred type of bismuth vanadate pigment, but merely states that the pigment may include bismuth vanadate (see SON at paragraph [17]). Similarly, CALLIER fails to specify the preferred type of bismuth vanadate pigment, but merely states that semiconducting thermochromic pigments include bismuth vanadate (see CALLIER at paragraph [0084]). Furthermore, the commercially available bismuth vanadate pigments explicitly differentiate between encapsulated and non-encapsulated pigments (see VANADUR bismuth vanadate and encapsulated bismuth vanadate).
According to MPEP §2141.03(I) “the level of disclosure in the specification of the application under examination or in relevant references may also be informative of the knowledge and skills of a person of ordinary skill in the art” and “References which are not prior art may be relied upon to demonstrate the level of ordinary skill in the art at or around the relevant time. See In re Merck & Co., Inc., 800 F.2d 1091, 1098, 231 USPQ 375, 380 (Fed. Cir. 1986)”, therefore, the Examiner asserts what an ordinary artisan would know in light of the provided data sheets describing various bismuth vanadate pigments. Since VANADUR explicitly teaches encapsulated bismuth vanadate pigment, one of ordinary skill in the art assumes that SON and CALLIER reciting “bismuth vanadate” refer to uncoated pigments.
Please note, that neither SON nor CALLIER disclose the issue of bismuth vanadate pigments lacking thermal stability and chemical, e.g., acid, resistance. Therefore, the aforementioned reference provided by the Applicant disclosing solving the poor thermal stability and acid resistance of BiVO4 by multicoating is not pertinent to the disclosure of the cited prior art. Furthermore, the arguments as to what an ordinary artisan would know or understand, when only argued by the Applicant is not supported by independent factual evidence to be persuasive and is mere attorney arguments, and that it’s the burden of the Applicant to offer facts to support the positions.
Conclusion
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/A.A.K./Examiner, Art Unit 1731
/ANTHONY J GREEN/Primary Examiner, Art Unit 1731