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 .
Response to Arguments
Applicant's arguments filed 10/1/25 have been fully considered but they are not persuasive.
Regarding the applicant’s arguments, the applicant states that Garware fails to disclose the numerical range recited in claim 1. The examiner respectfully disagrees. Garware discloses that x may be any number that is greater than 0.001, y any number less than 1, and z in a range of 2.2 to 3.0. If x is taken to be 0.01, y=0.7 and z=2.2, then x/y=.014 and z/y=3.14, both of which fall under the claimed ranges.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5-8, 10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Garware et al (US Publication No.: US 2022/0143963 A1 of record, “Garware”).
Regarding Claim 1, Garware discloses a laminated structure for solar radiation shielding (Paragraph 0108), the laminated structure comprising:
Two laminated plates elected form glass plates and plate-shaped plastics (Paragraph 0108; Table 5 discloses two laminated plastic plates); and
An intermediate layer provided between two laminated plates (Paragraph 0108; Table 5 disclose an intermediate layer), wherein
One or more members selected from the laminated plates and the intermediate layer contain solar radiation shielding function material particles contain particles of a complex tungsten oxide represented by General Formula: MXWyOZ (where an element M is one or more elements selected from H, He, alkali metals, alkaline-earth metals, rare-earth elements, Cs, Li, Na, K, Rb, Cu, Ag, Ca, Sr, Ba, In, TI, Sn, Yn, and Si, W represents tungsten, O represents oxygen, 0.001<x/y≤1, and 3.0<z/y<3.4) (Paragraph 0110 discloses nano particles, where Paragraphs 0043-0045 disclose a tungsten oxide using the claimed materials, such as TI, Sn, and if x is taken to be 0.01, y=0.7 and z=2.2, then x/y=.014 and z/y=3.14, both of which fall under the claimed ranges).
Regarding Claim 2, Garware discloses the laminated structure for solar radiation shielding according to wherein the element M contains one or more elements selected from Cs, Li, Na, K, Rb, Cu, Ag, Ba, In, and Sn (Paragraph 0043 discloses at least Sn).
Regarding Claim 3, Garware discloses the laminate structure for solar radiation shielding according to claim 1, wherein the particles of the complex tungsten oxide contain a crystal having one or more crystal structures selected from a hexagonal crystal, a tetragonal crystal, and a cubic crystal (Paragraph 0045 discloses hexagonal crystal).
Regarding Claim 5, Garware discloses the laminated structure for solar radiation shielding according to claim 1, wherein the intermediate layer includes at least one intermediate film containing a synthetic resin, and the intermediate layer includes, as the intermediate film, at least one solar radiation shielding intermediate film containing the synthetic resin and the solar radiation shielding function material particles provided in the synthetic resin (Table 5 discloses PET which is a synthetic resin, where Paragraphs 0043-0045 disclose nanoparticles within the synthetic resin).
Regarding Claim 6, Garware discloses the laminated structure for solar radiation shielding according to claim 1, wherein the intermediate layer includes at least one intermediate film containing a synthetic resin (Table 5 discloses a PET layer which is a synthetic resin), and the intermediate layer includes, as the intermediate film, a supporting intermediate film containing the synthetic resin, and a solar radiation shielding intermediate film formed on at least one surface of the supporting intermediate film and containing the synthetic resin and the solar radiation shielding function material particles provided in the synthetic resin (Paragraphs 0043-0045 disclose disposing a solar radiation shielding intermediate film on the support intermediate film, where it contains a synthetic resin).
Regarding Claim 7, Garware discloses the laminated structure for solar radiation shielding according to claim 6, wherein the supporting intermediate film is a resin film having ductility (Table 5 discloses a PET supporting intermediate film which is known to have ductility).
Regarding Claim 8, Garware discloses the laminated structure for solar radiation shielding according to claim 1, wherein the intermediate layer includes at least one intermediate film containing a synthetic resin, and the intermediate layer includes, as the intermediate film, a solar radiation shielding intermediate film, which is a resin film having ductility, and which contains the solar radiation shielding function material particles in the resin film (Table 5 discloses a PET synthetic resin film, where Paragraphs 0043-0045 disclose a resin film having ductility disposed on a surface of the PET synthetic resin film containing the solar radiation shielding function material particles).
Regarding Claim 10, Garware discloses the laminated structure for solar radiation shielding according to claim 1, wherein the plate-shaped plastics contain one or more resins selected from polycarbonate resins, acrylic resins, and polyethylene terephthalate resins (Table 5 discloses PET and acrylic resins).
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 4 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Garware in view of Okada et al (US Publication No.: US 2019/0225503 A1, “Okada”).
Regarding Claim 4, Garware discloses the laminated structure for solar radiation shielding according to claim 1, wherein the element M contains one or more elements selected from Cs and Rb (Paragraph 0043 discloses alkali metals which includes Cs and Rb), the complex tungsten oxide has a hexagonal crystal structure (Paragraph 0045 discloses hexagonal crystal).
Garware fails to disclose that a lattice constant of a-axis of the complex tungsten oxide is 7.3850 angstroms or greater and 7.4186 angstroms or less, and a lattice constant of c-axis of the complex tungsten oxide is 7.5600 angstroms or greater and 7.6240 angstroms or less.
However, Okada discloses a similar structure where a lattice constant of a-axis of the complex tungsten oxide is 7.3850 angstroms or greater and 7.4186 angstroms or less, and a lattice constant of c-axis of the complex tungsten oxide is 7.5600 angstroms or greater and 7.6240 angstroms or less (Okada, Paragraph 0284).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the structure as disclosed by Garware to include a particular lattice constant as disclosed by Okada. One would have been motivated to do so for the purpose of achieving optimal conditions for solar radiation protection (Okada, Paragraphs 0284-00290).
Regarding Claim 9, Garware discloses the laminated structure for solar radiation shielding according to claim 5.
Garware fails to disclose that the synthetic resin is a vinyl-based resin or an ionomer resin.
However, Okada discloses a similar structure where the synthetic resin is a vinyl-based resin or an ionomer resin (Okada, Paragraph 0196).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the structure as disclosed by Garware to include a vinyl-based resin as disclosed by Okada. One would have been motivated to do so for the purpose of optimizing productivity and device cost (Okada, Paragraph 0197).
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIAM QURESHI whose telephone number is (571)272-4434. The examiner can normally be reached 9AM-5PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Caley can be reached at 571-272-2286. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIAM QURESHI/Examiner, Art Unit 2871
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