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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/05/2026 has been entered.
Withdrawn Rejections
The 35 U.S.C. §103 rejection of claims 1-3, 5-7 and 11-13, 14-15 as over Choe et al. (DE 112012005417), made of record in the office action mailed on 01/07/2026, page 2 has been withdrawn due to Applicant’s amendment in the response filed on 03/05/2026.
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 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Choe et al. (DE 112012005417) in view of Kida (JP 2009-249527) and Lou (CN 102672365).
Regarding claims 1, Choe discloses magnetic particles with a highly reflective protective membrane and a production method therefor, in particular for a magnetic particle with a magnetic core, a shell which is formed on the magnetic core (host particle of the present invention), and a highly reflective protective membrane which is formed on the shell, wherein the highly reflective protective membrane has a membrane with a low refractive index and a membrane with a high refractive index. Also, the magnetic particles are used for different colored inks, commercially available paints, granular pigments for vehicles, pigments in cosmetics, catalyst paints, and in particular inks for counterfeit protection, etc., and is advantageous in that they are durable and have colors that are suitable for existing magnetic pigments are not available (English abstract). Choe discloses the magnetic particle II of the present invention will be described with reference to FIG 8th described in the case that its shell 200 a case 210 of a dielectric material and another shell 220 made of a metallic material (page 8). Fig 8 discloses a core 100 (corresponds to host particle), a shell 210 (corresponds to fine particle) and shell 220 (corresponds to conductive fine particle in contact with adhesive particle). Based on the figure 8, it is clear that adhesive fine particle as seen in layer 210 which are dispersed throughout the layer on both sides of the layers are bonded to both core 100 (host particle) and shell 220 which is conductive fine particle), thus meeting the claim limitation of a conductive layer having mixture of adhesive fine particle on contact with host particle and conductive particle). Choe discloses a dielectric material is the first shell 210 selected from a group comprising titanium dioxide, silica, alumina, calcium carbonate, zirconia, magnesium fluoride, zinc oxide and zinc sulfide, the first shell 210 has a thickness between 10 and 500 nm (page 9), where the silica corresponds to the adhesive fine particle of the present invention. The second shell 220 made of a metallic material is located on the outer surface of the shell 210 (hereinafter referred to as first shell) and the high-reflective protective membrane 300 includes a low refractive index membrane 310 and a high refractive index membrane 320 and is on the outer surface of the second shell 220 formed of a metallic material, whereby the reflectivity of the magnetic particle II is improved. The second shell includes 220 preferably one or more of the following materials: copper, nickel (page 9), where copper or nickel corresponds to conductive fine particle of the present invention.
However, Choe fails to disclose that the fine particle is a resin particle having a carboxyl group and a conductive fine particle is a solder particle.
Whereas, Kida discloses a structural color coating film-forming coating composition capable of easily and inexpensively forming a structural color coating film (abstract). Kida discloses a structural color coating film-forming coating composition mainly comprising core-shell particles comprising a core part and a shell part and the shell part is a resin having a carboxyl group (page 3). Kids discloses by using a resin having a carboxyl group in the shell portion constituting the core-shell particles contained in the structural color coating film-forming coating composition, the alkali addition amount is further increased with respect to the coating composition. By adjusting, the thixotropy which makes coating workability favorable is produced. Furthermore, it exhibits excellent design properties in relation to a metallic base coating film or a solid color base coating film formed as a coating film corresponding to the base of the structural color coating film (page 5).
Whereas, Lou discloses solder ball comprises at least a core, comprising an iron magnetic material, a metal middle layer, respectively covering at least one core, a solder shell, integrally covering the metal middle layer (abstract). The solder shell comprising Sn, Sn-Ag> Sn-Cu> Sn-Ag - > Sn-bi, at least one Sn-Zn> Sn-In (para 0017).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to include resin having a carboxylic acid as taught by Kida in the first shell of Choe motivated by the desire to have improved processability and exhibit excellent design properties and It would have been obvious to one of ordinary skill in the art at the time the application was filed to include solder particle as taught by Lou in the second shell of Choe motivated by the desire to have improved tensile strength and better resistance to thermal fatigue.
Regarding claims 3, 15 Choe discloses the size of the magnetic core may be increased 100 be adjusted. In the case where the magnetic particle I is used in an ink for counterfeiting protection, the magnetic core has 100 Preferably, a size between 0.4 to 40 microns and has a flat shape, so that the reflectivity is improved (page 7). The first shell 210 has a thickness between 10 and 500 nm (page 9) and the second shell have a thickness between 40-150 nm (page 9).
Alternatively, with respect to the average particle size of adhesive fine particle and the conductive fine particle, Change in size and shape is not patently distinct over the prior art absent persuasive evidence that the particular configuration of the claimed invention is significant. See In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). MPEP 2144.04[R-1].
Regarding claim 14, Choe discloses the magnetic core 100 of the magnetic particle I is a strong magnetic substance, wherein the magnetic core 100 preferably includes one or more materials selected from the group consisting of iron, nickel, cobalt (page 6-7).
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art references Choe in view of Kida and Lou fails to disclose that the resin particle is bisphenol AO,O-diacetic acid.
Response to Arguments
Applicant’s arguments filed on 03/05/2026have been fully considered, but they are moot in view of new grounds of rejections as stated above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONAK C PATEL whose telephone number is (571)270-1142. The examiner can normally be reached M-F 8:30AM-6:30PM (FLEX).
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, ALICIA CHEVALIER can be reached at 5712721490. 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.
/RONAK C PATEL/Primary Examiner, Art Unit 1788