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 .
Priority
Prior-filed application 63/347,178 does not contain a disclosure of the presently recited colored coating or of the presently recited surface-modified pigment.
The effective filing date of the present claims is May 31, 2023.
Claim Rejections – 35 U.S.C. § 112(b)
The following is a quotation of 35 U.S.C. § 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-17 are rejected under 35 U.S.C. § 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Independent claim 1 recites a polysilazane in an amount of approximately “5-60%”. The claim does not set forth the basis for this percentage, such as a volume percentage or a weight percentage. For this reason, claim does not set forth the amount of polysilazane with reasonable clarity.
Claim 1 additionally recites a pigment in an amount of “0.05-25%” followed by the phrase “in weight percentage (wt%, %)”. The parenthetical “(wt%, %)” includes two different recitations of a percentage, and the claim does not set forth the meaning of or any distinction among these two percentages. Because of these nonstandard and undefined percentage units, the claim does not set forth the amount of pigment with reasonable clarity.
Claims 2-17 are ultimately dependent upon independent claim 1, and they are indefinite for the same reasons.
Claim 3 recites amounts of three components of a polysilazane with percentage ranges. The claim does not set forth the basis for these percentages, such as a weight percentage or a percentage of repeating units. For this reason, claim does not set forth the amounts of the three components with reasonable clarity.
Claim 9 recites an amount of solvent with a percentage range. The claim does not set forth the basis for the percentages, such as a weight percentage or a volume percentage. For this reason, claim does not set forth the amounts of the solvent with reasonable clarity.
Claim 13 recites a layer comprising the coating of claim 1 “being applied and then hardened into a layer”. The present tense of the verb “being” indicates an active step of a process, whereas the preamble of the claim is drawn to a product rather than to a process. The claim does not set forth with reasonable clarity whether the claimed product is drawn to a layer that has been (past tense) applied and hardened, or else if the steps of applying and hardening are future intended uses of a layer.
Claim 14 recites a layer ”comprising binding” the coating of claim 1. The present tense of the verb “binding” indicates an active step of a process, whereas the preamble of the claim is drawn to a product rather than to a process. The claim does not set forth with reasonable clarity whether the claimed product is drawn to a layer that has been (past tense) bound, or else if the step of binding is a future intended use of a layer.
Claim Rejections – 35 U.S.C. §§ 101, 112
The following is a quotation of 35 U.S.C. § 101:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
The following is a quotation of 35 U.S.C. § 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 10-12 are rejected under 35 U.S.C. § 101 as being drawn to a nonstatutory subject matter and under 35 U.S.C. § 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claims 10-12 are directed to a “use”, and a “use” is not one of the four categories of patent eligible subject matter. The claims thereby fail to comply with 35 U.S.C. § 101. The claims also do not set forth any particular active steps of a method of performing the recited “use”, and therefore the claims do not inform one skilled in the art about the scope of the recited “use” with reasonable clarity.
Prior Art
The following prior art is considered pertinent to Applicant's disclosure and is therefore made of record although not relied upon in a rejection.
US Patent No. 5,296,511 to Ohsawa describes a film-former composition comprising an organosilazane copolymer having a perfluoroalkyl group (see the abstract). The concentration of the polymer is 0.1 to 30 wt% of the composition (see col. 8, ll. 11-15). Ohsawa does not disclose a colored coating, and Ohsawa does not disclose a surface-modified pigment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD A. HUHN whose telephone number is (571)270-7345. The examiner can normally be reached Monday through Friday, 9 AM to 6 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arrie (Lanee) Reuther can be reached at (571) 270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICHARD A. HUHN/Primary Examiner, Art Unit 1764