DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment of claim 1 is supported by the specification.
Any rejections and/or objections made in the previous Office action and not repeated below are hereby withdrawn.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The new grounds of rejection set forth below are necessitated by applicant's amendment filed on 5/7/2026. Thus, the following action is properly made final.
Claim Rejections - 35 USC § 103
Claims 1, 3-7, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Luo et al (US 2020/0325346).
Claims 1,3, 6-7: Luo teaches a composition comprising 10-50 wt% of a hydroxy group-containing fluororesin, 3-30wt% of a blocked isophorone polyisocyanate Vestagon B 1530, and a pigment such as rutile titanium oxide Ti-Pure R960 [0115, 0118, 0120, 0137-0143]. The content of titanium oxide is 20-200 parts by mass based on the 100 parts by mass of the fluororesin [0123]. Therefore the content of the rutile titanium oxide, the mass ratios overlap the claimed range. Case law holds that in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Claim 4: The fluororesin is a copolymer of a fluorine containing vinyl monomer CTFE and a hydroxy group containing vinyl monomer HBVE 4-hydroxybutyl vinyl ether.
Claim 5: the fluorine containing vinyl monomer can be tetrafluoroethylene, CTFE, etc [0078].
Claim 9: The composition can be used as claimed.
Response to Arguments
Applicant’s arguments have been considered but are moot in view of the new ground(s) of rejection.
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 extension fee 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 date of this final action.
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Primary Examiner, Art Unit 1763
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