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 .
DETAILED ACTION
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.
Claims 1, 2, 4-7 and 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over DE 102011003619 A1.
DE teaches a multi-layer lacquer coating system and a lacquer composition comprising 9.36 wt.% of aspartate (Desmophen NH 1220), 9.36 wt.% of aspartate (Desmophen NH 1420 which is used in the instant example), 30.30 wt.% of solvent (1-methoxy-2-propylacetate), 22.30 wt.% of graphite and 28.23 wt.% of isocyanate (Desmodur N 3800 which is taught in the instant specification) in Table 1.
The composition of the Table 1 would meet the instant claims 1, 2, 4, 6, 7 and 9-13 except an amount of the conductive filler. The Desmophen NH 1420 would meet the recited aspartate structure of claim 5.
Regarding the recited conductive filler being grater than 50% by weight of claim 1, Machine translated DE teaches employing 60 wt.% of additives including carbon black, graphite, graphene, electrically conductive polymer and/or metal particles in [0022].
Thus, it would have been obvious to one skilled in the art before the effective filing date of invention to utilize at least 50 wt.% of graphite in the example of the Table 1 of DE since DE teaches employing 60 wt.% of additives including carbon black, graphite, graphene, electrically conductive polymer and/or metal particles in [0022] absent showing otherwise.
See In re Mills, 477 F.2d 649, 176 USPQ 196 (CCPA), In re Lamberti, 545 F.2d 747, 750 (CCPA 1976): Reference must be considered for all that it discloses and must not be limited to preferred embodiments or working examples. MPEP 2123.
Further regarding the recited 5-20 wt.% of the isocyanate of claim 14 over 28.23 wt.% of isocyanate (Desmodur N 3800) taught by DE: When patentability is predicated upon a change in a condition of a prior art composition, such as a change in concentration or in temperature, or both, the burden is on Applicant to establish with objective evidence that the change is critical, i.e., it leads to a new unexpected result. It is not inventive to discover the optimum or workable ranges by routine experimentation when the general conditions of a claim are disclosed in the prior art. See In re Woodruff, 919 F.2d 1575, 1578 (Fed. Cir. 1990); In re Aller, 220 F.2d 454, 456 (CCPA 1955). MPEP 2144.05.
Thus, it would have been obvious to one skilled in the art before the effective filing date of invention further to modify amounts of the isocyanate and other components in the example of the Table 1 of DE absent showing otherwise.
Claims 3 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over DE 102011003619 A1 as applied to claims 1, 2, 4-7 and 9-14 above, and further in view of Li et al. (US 2003/0118739 A1).
The instant claim further recites a catalyst and two-component composition over DE.
Utilization of the catalyst for reactive two-component composition for faster reaction/curing is known in the art.
Li et al. teach a protective coating composition comprising an isocyanate component, an amine component and optionally a catalyst and pigment in abstract. Li et al. teach the instant isocyanates in [0016] and polyaspartic esters such as DESMOPHEN NH 1220 in [0022], Table 2 and Fig. 1.
Thus, it would have been obvious to one skilled in the art before the effective filing date of invention to utilize the catalyst used for a reaction of the isocyanates and polyaspartic esters taught by Li et al. in DE since the catalyst would be expected yield the faster reaction/curing and further to utilize the two-component composition taught by Li et al. in DE since such separate two-component composition would no be able to react each other during storage of two-component absent showing otherwise.
Selection of a known material based on its suitability for its intended use is prima facie obvious, see Sinclair & Carroll Co. v. Interchemical Corp., 325 US 327, 65 USPQ 297 (1945). MPEP 2144.07.
The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results. KSR Co. v. Teleflex Inc., 550 U.S. 398, 416 (2007). MPEP 2141
EXAMINER’S COMMENT
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2007/0048445 A1 teach utilization of 1-80% of metallic pigments and carbon black which are inherently conductive in [0131].
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/TAE H YOON/ Primary Examiner, Art Unit 1762