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 .
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 4-6 and 8-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bardisa (ES2302620).
Regarding claims 1, 4-6 and 9-12, Bardisa discloses a smoke producing composition for signaling smoke that can be used for military use (0005) that includes an oxidizing agent such as potassium nitrate (0028) from 25-38 %, lactose from 0-25 %, binder from 5-25%, flame suppressor (inhibitor) from 0-30 % (0017), and talc (0018) (meets phlegmatizer as shown by Applicant’s specification). The dye can include Solvent yellow 93 (0019) which meets that claimed sublimation and decomposition dye properties since it is one of the dyes used by Applicant. Thus, these properties are inherent to the dye disclosed by Bardisa.
Regarding claim 8, the decomposition temperature is inherent to the composition of Bardisa.
As to limitations which are considered to be inherent in a reference, note the case law of In re Ludke, 169 USPQ 563; In re Swinehart, 169 USPQ 226, In re Fitzgerald, 205 USPQ 594; In re Best et al, 195 USPQ 430; and In re Brown, 173 USPQ 685, 688.
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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Couture (4225368).
Regarding claim 7, Couture discloses that it is known to use dye of size 100-1000 micron with a smoke producing composition (col. 1, lines 10-25).
It would have been obvious to one having ordinary skill in the art at the time the invention was made and/or filed to use the particle sizes disclosed by Couture since both compositions relate to smoke production and since Couture suggests that these particle sizes of dye material are useful in a smoke producing composition.
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 110627597).
Regarding claims 2 and 3, Wang discloses a smoke producing composition that utilizes Solvent Yellow 98 as the dye.
It would have been obvious to one having ordinary skill in the art at the time the invention was made and/or filed to use the dye as disclosed by Wang since Wang teaches that it is a known dye for use in a smoke producing composition and since Bardisa is a smoke producing composition that also uses dye.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AILEEN BAKER FELTON whose telephone number is (571)272-6875. The examiner can normally be reached Monday 9-5:30, Thursday 11-3, Friday 9-5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Johnson can be reached at 571-272-1177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AILEEN B FELTON/Primary Examiner, Art Unit 1734