FINAL ACTION
Response to Arguments
Applicant’s arguments with respect to claims 1, 8-13, 21 and 22 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.
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.
Claims 1, 8-13, 21 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Mitsuo (Document Identification No. JP 2004350935 A) in view of Lin (Document Identification No. WO 2015/154543).
It is first noted that the English translations of Mitsuo & Lin, provided by the United States Patent and Trademark Office’s search database SEARCH (provided in the Notice of References cited), will be referenced herein.
Concerning claim 1, Mitsuo discloses a self-disinfecting antiviral filter material (Abstract) comprising:
An air permeable carrier (paragraph 25); and
A composite coating bonded to the carrier (paragraphs 32 & 39) and comprising a phthalocyanine photosensitizer (paragraph 9) with antiviral activity that is effective to react upon exposure to light in the wavelength range of 400-750 nm (paragraph 35) and in a presence of oxygen to form singlet oxygen (paragraphs 8 & 9), and an inorganic matrix material of ZnO (paragraphs 38 & 39).
Mitsuo does not appear to disclose that the phthalocyanine photosensitizer is a ZnPc pigment. Lin discloses a self-disinfecting antiviral filter material that includes an air-permeable carrier, and a composite attached to the carrier in which the composite comprises a phthalocyanine photosensitizer (Abstract; Figures 1-5). The reference continues to disclose that the phthalocyanine photosensitizer is a ZnPc pigment because a ZnPc photosensitizer can be utilized in a little amount with an effective kill rate of pathogenic bacteria while providing good water solubility and is environmentally friendly (page 2, line 25 to page 3, line 43). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a ZnPc pigment as the phthalocyanine photosensitizer in Mitsuo because a ZnPc photosensitizer can be utilized in a little amount with an effective kill rate of pathogenic bacteria while providing good water solubility and is environmentally friendly as exemplified by Lin.
As such, claim 1 is not patentable over Mitsuo in view of Lin.
With respect to claim 8, Mitsuo in view of Lin continues to disclose that the composite coating comprises phthalocyanine pigments and at least one metal oxide that form a multi-layer or mixed layer deposited from a vapor phase (paragraphs 32, 38 and 39 of Mitsuo; page 2, line 25 to page 3, line 43 of Lin).
Regarding claim 9, the Mitsuo further discloses that the carrier comprises one of woven or non-woven textiles (paragraph 25).
Concerning claims 10 & 11, Mitsuo also discloses that the composite coating is breathable and flexibly deformable (paragraphs 25, 30, 38 and 39).
With respect to claims 12, 21 and 22, Mitsuo in view of Lin continues to disclose an air filter device provided with the self-disinfecting antiviral filter material according to claim 1 as noted above, in which said filter is capable of being utilized as an air filter of an air purification device or an air conditioning system (Abstract; paragraphs 2 & 32).
Concerning claim 13, Mitsuo does not appear to disclose that the air filter device comprises a breathing mask. Nonetheless, Lin continues to disclose that the self-disinfecting antiviral material is part of a filter device comprising a breathing mask in order to protect a person’s respiratory system from pollen, and other particulates as well as dangerous bacteria and pathogens (page 2, lines 6-23). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the self-disinfecting antiviral filter material of Mitsuo as an air filter device comprising a breathing mask in order to protect a person’s respiratory system from pollen, and other particulates as well as dangerous bacteria and pathogens as exemplified by Lin.
Thus, claim 13 is not patentable over Mitsuo in view of Lin as well.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN C JOYNER whose telephone number is (571)272-2709. The examiner can normally be reached Monday-Friday 8:00AM-4:30PM.
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/KEVIN JOYNER/ Primary Examiner, Art Unit 1799
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