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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-12 in the reply filed on 3/2/2026 is acknowledged.
Claims 13-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/2/2026.
Claims 1-6 and 9-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (WO-2020032874-A1).
Regarding claim 1
Li discloses a coating formulation and an article and methods to prepare the same (title).
Li discloses that the coating composition comprises an inorganic oxygen scavenger (i.e., oxygen absorbing additive) included with other components (Abstract).
With respect to the limitations on being: 1) self-cleaning; 2) configured to be in contact with an atmosphere; 3) the surface forming an aerodynamic surface; and 4) extracting at least some oxygen present in the atmosphere to at least partially deprive oxygen from the hemolymph of an insect residue – it is noted that these are desires/intended uses, and do not patentably distinguish the claim from the prior to the extent that the prior art would also be capable of the same desired/intended uses.
Regarding claim 2
Li discloses that the oxygen absorber may be iron (claim 4).
Regarding claims 3-4
Li discloses that the oxygen absorber may be present in an amount from about 1 wt % to about 6 wt % (approx. para 0028).
Regarding claims 5-6
Li discloses the use of an activator that may be sodium chloride (approx. para 0031).
Regarding claim 9
Li discloses a hydrophilic polymer (approx. para 0032).
Regarding claim 10
Li discloses that sodium, calcium or aluminum fluoride may be included in the coating (approx. para 0031).
Regarding claim 11
Li discloses that the coating can have a thickness of 30 to 40 microns (page 6, lines 31-36).
Regarding claim 12
The hardness of the coating is a property of the coating, and when the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § § 2112- 2112.02.
Claims 1 and 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (KR-20180119223-A).
Regarding claims 1 and 8
Kim discloses a coating composition that comprises an oxygen scavenger and 0.01 to 3 parts by weight of a siloxane (i.e., silicone) (pars 0011-0013).
With respect to the limitations on being: 1) self-cleaning; 2) configured to be in contact with an atmosphere; 3) the surface forming an aerodynamic surface; and 4) extracting at least some oxygen present in the atmosphere to at least partially deprive oxygen from the hemolymph of an insect residue – it is noted that these are desires/intended uses, and do not patentably distinguish the claim from the prior to the extent that the prior art would also be capable of the same desired/intended uses.
Regarding claim 7
As the range of silicone of the reference overlaps the claimed amount, the subject matter as a whole would have been obvious to one having ordinary skill in the art at the time the invention was made to have selected the overlapping portion of the range disclosed by the reference because overlapping ranges have been held to be a prima facie case of obviousness. In re Malagari, 182 U.S.P.Q. 549.
Conclusion
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JAMES E. MCDONOUGH
Examiner
Art Unit 1734
/JAMES E MCDONOUGH/Primary Examiner, Art Unit 1734