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 .
Rejections
Claim Rejections - 35 USC § 102
1. 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.
2. Claims 1, 3, 4, 8, 9, 12, 15, and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Pat. Application Publication No. 2017/0066929 Nariyuki et al. with US Pat. Application Publication No. 2017/0372936 Mori being cited as evidence of the definition of A-DPH and US Pat. Application Publication No. 2003/0096102 Yoshihara et al. being cited as evidence that Irgacure 184 initiates curing with ionizing radiation.
Mori, paragraph [0037], shows that A-DPH of Nariyuki is dipentaerythritol hexaacrylate.
Yoshihara, paragraph [0153], shows that Irgacure 184 initiates curing with ionizing radiation.
Regarding claims 1, 8, 9, and 12:
Nariyuki discloses an anti-viral hard-coat film comprising a crosslinked curable resin layer. The coating is the outermost layer. The coating contains inorganic silver particles and gives a silver ion concentration of 0.015 to 0.1 µg/cm2. The majority of this range falls within the scope of the instantly claimed silver ion concentration such that this range anticipates the instantly claimed silver ion concentration. See Nariyuki, the abstract and paragraphs [0076]-[0082], [0086], particularly noting the hard coat properties of the coating, [0087], noting the polyacrylate monomers, [0090]-[0104], noting the inorganic silver antibacterial agents, [0113], noting the amounts of antibacterial agent, [0115], noting the amounts of silver particles, [0120], noting the inorganic silver particles, [0138]-[0139], noting the concentration of silver ions per area of 0.015 to 0.100 µg/cm2, [0256]-[0259], noting the monomers and crosslinking agent in paragraph [0259], [0309], noting the hard coat properties, [0314], particularly noting Table 1, Examples 1, 2, 3, 5, 6, 7, 810, 11, 12, and 14, and Table 2, Examples 16, 18, 19, 22, and 24, which exemplify amounts of silver ions within the scope of the instantly claimed silver ion concentration, and the remainder of the document. The amounts of inorganic silver particles and crosslinked curable resin given by Nariyuki’s paragraph [0259], uses an amount of silver particles which falls within the scope of the instant claim 8. Nariyuki thereby anticipates the instant claims 1, 8, 9, and 12.
Regarding claim 3:
The acrylate groups on the resins exemplified by Nariyuki make them ionizing radiation-curable resins because acrylate groups necessarily have the ability to be cured by ionizing radiation.
Yoshihara, paragraph [0153], shows that Irgacure 184 of Nariyuki, paragraph [0259], initiates curing with ionizing radiation.
Nariyuki therefore anticipates the instant claim 3.
Regarding claim 4:
The exemplified particle size of the silver particles of Nariyuki, paragraph [0259], is 0.8 µm. 0.8 µm rounds up to 1 µm within the decimal accuracy of the instantly claimed 1 µm of the instant claim 4. The exemplified particle size of Nariyuki, paragraph [0259], therefore anticipates the instant claim 4.
Additionally, the particle sizes of Nariyuki are a number average particle size according to Nariyuki, paragraph [0101]. According to the instant specification, paragraph [0063], the instantly claimed average particle size is the mass average value D50. The mass average particle size is necessarily larger than the number average particle size because polydispersities are always greater than 1 for real particle samples. Polydispersity = Dw/Dn. Therefore, the particle size of Nariyuki, paragraph [0259], is also expected to necessarily fall within the scope of the instant claim 4 since its polydispersity is expected to give a mass average D50 particle size within the scope of the instant claim 4. See MPEP 2112.
Regarding claims 12 and 23:
Nariyuki, paragraphs [0256], 0257], and [0259] falls within the scope of the instant claims 10 and 23.
Regarding claim 12:
The preferred film thickness of Nariyuki, paragraph [0151] falls within the scope of the instant claim 12. Its preference makes it disclosed with sufficient specificity to anticipate the instant claim 12.
Regarding claim 15:
All real particle sizes are average particle sizes which necessarily have one or more peaks. It is noted that the particle sizes of Nariyuki are average particle sizes. See Nariyuki, paragraphs [0101], [0116], [0117], and [0122]. The inorganic silver particles of Nariyuki therefore necessarily fall within the scope of the instant claim 15. See MPEP 2112.
Claim Rejections - 35 USC § 103
3. 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.
4. Claims 2, 4-5, 13-14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over US Pat. Application Publication No. 2017/0066929 Nariyuki et al. with US Pat. Application Publication No. 2017/0372936 Mori being cited as evidence of the definition of A-DPH and US Pat. Application Publication No. 2003/0096102 Yoshihara et al. being cited as evidence that Irgacure 184 initiates curing with ionizing radiation.
The discussion of paragraph 2 above is repeated here in its entirety.
Regarding claim 2:
Nariyuki does not disclose the invention of the instant claim 2 with sufficient specificity to anticipate the instant claim 2.
Nariyuki, paragraph [0066], shows that the hydrophilic group can include a carbamoyl group. Nariyuki, paragraph [0067], describes the hydrophilic polymers as including polyurethane. Nariyuki, paragraphs [0076]-[0081], encompasses the instantly claimed two component curable urethane-based resin when the variable of paragraph [0079] is the -CO-NH- group and the variable of paragraph [0080] is the polyoxyalkylene group, which encompasses urethane monomers. Therefore, Nariyuki encompasses using urethane containing polymerizable monomers in their compositions, which include two-component curable urethane-based resin, noting the monomer component and the cross-linking agent component of Nariyuki, paragraph [0259].
It would have been obvious to one of ordinary skill in the art prior to the instantly claimed invention to use the above discussed polymerizable monomer containing urethane groups as a hydrophilic monomer in the compositions of Nariyuki, paragraph [0259], because such hydrophilic urethane monomers are encompassed by Nariyuki, as discussed above, and would have been expected to give cured resin layers having the properties discussed in Nariyuki as well as the properties of acrylourethane films. This makes the instant claim 2 obvious from the disclosure of Nariyuki.
Regarding claim 4:
Nariyuki, paragraph [0101], discloses using inorganic silver particles having an average particle size of 0.1-10 µm. These particle sizes include particle sizes of the instant claim 4.
It would have been obvious to one of ordinary skill in the art prior to the instantly claimed invention to use the inorganic silver particles of Nariyuki, paragraph [0259], having the average particle sizes of the instant claim 4 because such particle sizes are encompassed by Nariyuki, paragraph [0101], and would have been expected to give similar results to the films formed from the compositions of Nariyuki, paragraph [0259].
Regarding claim 5:
Nariyuki, paragraphs [0095]-[0097], discloses using silver supported on particles including glass particles. Nariyuki does not describe the instantly claimed glass supported silver with sufficient specificity to anticipate the instant claim 5.
It would have been obvious to one of ordinary skill in the art prior to the instantly claimed invention to use the glass supported inorganic silver particles of Nariyuki, paragraph [00097], in place of the ceramic supported silver particles of Nariyuki, paragraph [0259] because such glass supported silver particles are encompassed by Nariyuki, paragraph [0097], and would have been expected to give similar results to the films formed from the compositions of Nariyuki, paragraph [0259].
Regarding claims 13-14 and 16:
Nariyuki, paragraph [0105], discloses using antiviral agents in addition to the inorganic silver particle antiviral agents. Nariyuki does not disclose using these additional antiviral agents with sufficient specificity to anticipate the instant claims 13 and 14.
It would have been obvious to one of ordinary skill in the art prior to the instantly claimed invention to use the additional antiviral agents of Nariyuki, paragraph [0105] in the compositions of Nariyuki, including that of Nariyuki, paragraph [0259], because they are encompassed by Nariyuki, paragraph [0105], and would have been expected to give the additional antiviral properties thereof to the coated articles of Nariyuki. This disclosure of Nariyuki therefore makes the instant claims 13 and 14 obvious over the teachings of Nariyuki.
The silver particles and additional antiviral particles of Nariyuki necessarily have one or more particle size peaks by definition of “average particle size”. The compositions of Nariyuki discussed above regarding the instant claims 13 and 14 therefore necessarily meet the requirements of the instant claim 16 inherently. See MPEP 2112.
5. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over US Pat. Application Publication No. 2017/0066929 Nariyuki et al. in view of JP 2020-128468, the English translation provided by the applicant being referenced below unless otherwise noted, with US Pat. Application Publication No. 2017/0372936 Mori being cited as evidence of the definition of A-DPH and US Pat. Application Publication No. 2003/0096102 Yoshihara et al. being cited as evidence that Irgacure 184 initiates curing with ionizing radiation.
The discussion of paragraph 2 above is repeated here in its entirety.
Regarding claim 6:
Nariyuki discloses using supported silver as their antiviral particles.
Nariyuki discloses using glass as the support but does not mention particles containing phosphoric acid as a glass component.
JP 2020-128468, paragraph [0047] discloses supported antibacterial agents including silver and discloses the silver as being supported with compounds including phosphate glass, which falls within the scope of the support of the instant claim 6.
It would have been obvious to one of ordinary skill in the art prior to the instantly claimed invention to use the support of the instant claim 6 as that of Nariyuki because Nariyuki generally discloses supporting their silver with glass, JP 2020-128468, paragraph [0047] discloses supporting antibacterial agents including silver with phosphate glass and such phosphate glass supported silver would have been expected to give antibacterial and anti viral properties to the coated articles of Nariyuki.
6. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over US Pat. Application Publication No. 2017/0066929 Nariyuki et al. in view of JP 2019-178076, the English translation provided by the applicant being referenced below unless otherwise noted, with US Pat. Application Publication No. 2017/0372936 Mori being cited as evidence of the definition of A-DPH and US Pat. Application Publication No. 2003/0096102 Yoshihara et al. being cited as evidence that Irgacure 184 initiates curing with ionizing radiation.
The discussion of paragraph 2 above is repeated here in its entirety.
Regarding claim 7:
Nariyuki discloses using supported silver as their antiviral particles. They do not disclose molybdenum oxide as the support.
JP 2019-178076 discloses supporting silver with molybdenum oxide at paragraph [0007]. JP 2019-178076 teaches that the silver molybdenum oxide compounds give high antiviral properties and suppress discoloration.
It would have been obvious to one of ordinary skill in the art prior to the instantly claimed invention to use the molybdenum oxide silver supported particles of the instant claim 7 as the antiviral particles of Nariyuki because Nariyuki generally discloses supporting their silver, JP 2019-178076, paragraph [0007] discloses supporting antibacterial agents including silver with molybdenum oxide and such molybdenum oxide supported silver would have been expected to give the antiviral properties and suppression of discoloration taught by JP 2019-to the coated articles taught by of Nariyuki.
7. Claims 1-5, 8-12, 14-19, and 22-24 are rejected under 35 U.S.C. 103 as being unpatentable over KR 10-2008-0087695, the English translation provided by the applicant being referenced below unless otherwise noted, in view of US Pat. Application Publication No. 2017/0066929 Nariyuki et al. with US Pat. Application Publication No. 2017/0372936 Mori being cited as evidence of the definition of A-DPH and US Pat. Application Publication No. 2003/0096102 Yoshihara et al. being cited as evidence that Irgacure 184 initiates curing with ionizing radiation.
The discussion of paragraph 2 above is repeated here in its entirety.
Regarding claims 1-5, 8-12, 14-19, and 22-24:
KR 10-2008-0087695 discloses coating decorative sheets for building materials with coatings which are similar to those of Nariyuki. See KR 10-2008-0087695, claim 1, claim 4, claim 5, noting the primer layer, claim 6, noting the decorative sheet, claim 7, noting the 70-95 wt% of urethane monomer having two radically polymerizable unsaturated groups per molecule and a molecular weight of 1000-4000 and the 5-30 wt% of aliphatic urethane (meth)acrylate having 3-15 radically polymerizable unsaturated groups, which falls within the scope of the instant claim 19, and the embossing of the cured layer therefrom, the third page, second full paragraph, noting the scratch resistance and embossing, the fifth page, last paragraph noting the polyolefin substrates which fall within the scope of the instant claim 11, eighth page second to last paragraph, noting the primer layer, which falls within the scope of the instant claim 22,
Example 5 of the tenth page of KR 10-2008-0087695 exemplifies using silver supported on zeolite as an antibacterial agent. KR 10-2008-0087695 does not disclose the instantly claimed silver ion concentration.
It would have been obvious to one of ordinary skill in the art prior to the instantly claimed invention to make the inventions of the instant claims 1-5, 8-12, 14-19, and 22-24 from the disclosures of KR 10-2008-0087695 in view of Nariyuki because Nariyuki discloses using inorganic silver particles to give the instantly claimed silver ion concentrations per square centimeter in similar coatings to those of KR 10-2008-0087695 and the antiviral properties of Nariyuki would have been expected in the substrates of KR 10-2008-0087695 containing the inorganic silver particles of Nariyuki. The construction substrates of KR 10-2008-0087695 would be expected to come into contact with as many infectious particles as the substrates of Nariyuki. Therefore, preventing the spread of infection from contact with the substrates of KR 10-2008-0087695 would have been expected to be of great benefit.
It would have been obvious to one of ordinary skill in the art prior to the instantly claimed invention to apply the above discussed coatings of KR 10-2008-0087695, containing the inorganic silver particles of Nariyuki, in the form of the picture pattern of the instant claim 17 because such patterns would have been expected to give the decorative effect of the decorative sheets of KR 10-2008-0087695 as desired by the end-user of the decorative sheet.
Objection
8. Claims 20 and 21 are 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 closest prior art seen by the examiner does not disclose the inventions of the instant claims 20 and 21 or provide proper rationale to modify the closest prior art into the inventions of the closest prior art. KR 10-2008-0087695 discloses their oligomer (A) as having two (meth)acrylate groups and discloses making it with diisocyanates but does not disclose the instantly claimed isocyanurate skeleton.
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK D NILAND whose telephone number is (571)272-1121. The examiner can normally be reached on Monday to Friday from 10 to 5.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert S Jones, can be reached at telephone number 571-270-7733. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK D NILAND/ Primary Examiner, Art Unit 1762