DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/24/2026 has been entered.
3. Claims 5-15 are pending. Claims 5-15 are under examination on the merits. Claims 5, 7 are amended. Claims 1-4 are previously cancelled.
4. The objections and rejections not addressed below are deemed withdrawn.
5. Applicant’s arguments with respect to claims 5-15 have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection.
Claim Rejections - 35 USC § 103
6. 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.
7. Claims 5-11,13,15 are rejected under 35 U.S.C. 103(a)(1) as being unpatentable over by Kenji Adachi (JP2012-007024 A, machine translation, hereinafter “Adachi”) in view of Svensson et al. (DETERMINATION OF THE COMPOSITION OF BaNbO₃ USING PROFILE REFINEMENT AND PHASE ANALYSIS, Mat. Res. Bull., Vol. 25, pp. 9-14, 1990, already of the record, hereinafter “Svensson”).
Regarding claim 5: Adachi teaches an electromagnetic wave absorbing particle (Page 13/30, [0022]) dispersion liquid comprising: a liquid medium (Page 16/30, [0035]-[0036]), and the electromagnetic wave absorbing particles contained in the liquid medium (Page 27/30, [0077], Seventh Embodiment), wherein the electromagnetic wave absorbing particles comprising a composite oxide such as Sr (Ti, Nb)O3-X, where 0 ≦ X ≦1 (Page 27/30, [0077], Seventh Embodiment). Adachi does not expressly teach the element A is Ba, and the element B is Nb, and a relationship of 0.7≤x/y≤1.0 is satisfied when an amount of substance of the element A contained in the composite oxide is X and an amount of substance of the element B is y.
However, Svensson teaches based on fluorescence analysis and phase analysis by means of X-ray powder diffraction the composition Ba0.76NbO₃ which is consistent with the SrxNbO₃ perovskite, which has an Sr-occupancy ranging from 0.7 to 0.95 and unit cell parameters obeying Vegards law (Page 9, Introduction, lines 3-9). Svensson teaches the perovskite type structure of BaNb1.3O3.3 , and BaNb1.3O3 by means of X-ray powder diffraction (Page 12, Table 1, Samples A & B) with benefit of providing a small but distinct shift of 0.2% in the unit cell axis of BaNbO₃ has been observed between samples having gross compositions on different sides of the BaNbO₃-Ba₂Nb₅O₉ binary line in the Ba-Nb-O system.
In an analogous art of the electromagnetic wave absorbing particles comprising composite oxide, and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to replace the electromagnetic wave absorbing particle by Adachi, so as to include the element A is Ba, and an element B is one elements selected from Nb and a relationship of 0.7≤ x/y ≤ 1.0 is satisfied when an amount of substance of the element A contained in the composite oxide is x and an amount of substance of the element B is y as taught by Svensson because characteristics normally possessed by members of homologous series are principally the same, and vary but gradually from member to member; chemists knowing properties of one member of series would in general know what to expect in adjacent member, see In re Henze, 85 USPQ 261.
Thus, the subject matter as a whole would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made, since the substitution of equivalents (i.e., in view of the art recognized functional equivalence of the two
electromagnetic wave absorbing particles) requires no express motivation as long as the prior art recognizes the equivalency. In re Fount USPQ 532 (CCPA 1982); In re Siebentritt, 152 USPQ 618 (CCPA 1967); Graver Tank & Mfg. Co. Inc. v Linde Air Products Co., 85 USPQ 328 (USSC).
Regarding claim 6: Adachi teaches the electromagnetic wave absorbing particle (Page 13/30, [0022]) dispersion liquid (Page 16/30, [0035]-[0036]), wherein the liquid medium contains a liquid media selected from organic solvent such as toluene (Page 28/30, [0079], Seventh Embodiment).
Regarding claim 7: Adachi teaches an electromagnetic wave absorbing particle (Page 13/30, [0022]) dispersion comprising: a solid medium (Page 28/30, [0079]), and the electromagnetic wave absorbing particles contained in the solid medium (Page 28/30, [0079], Seventh Embodiment), wherein the electromagnetic wave absorbing particles comprising a composite oxide such as Sr (Ti, Nb)O3-X, where 0 ≦ X ≦1 (Page 28/30, [0077], Seventh Embodiment). Adachi does not expressly teach the element A is Ba, and the element B is Nb, and a relationship of 0.7≤x/y≤1.0 is satisfied when an amount of substance of the element A contained in the composite oxide is X and an amount of substance of the element B is y.
However, Svensson teaches based on fluorescence analysis and phase analysis by means of X-ray powder diffraction the composition Ba0.76NbO₃ which is consistent with the SrxNbO₃ perovskite, which has an Sr-occupancy ranging from 0.7 to 0.95 and unit cell parameters obeying Vegards law (Page 9, Introduction, lines 3-9). Svensson teaches the perovskite type structure of BaNb1.3O3.3 , and BaNb1.3O3 by means of X-ray powder diffraction (Page 12, Table 1, Samples A & B) with benefit of providing a small but distinct shift of 0.2% in the unit cell axis of BaNbO₃ has been observed between samples having gross compositions on different sides of the BaNbO₃-Ba₂Nb₅O₉ binary line in the Ba-Nb-O system.
In an analogous art of the electromagnetic wave absorbing particles comprising composite oxide, and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to replace the electromagnetic wave absorbing particle by Adachi, so as to include the element A is Ba, and an element B is one elements selected from Nb and a relationship of 0.7≤ x/y ≤ 1.0 is satisfied when an amount of substance of the element A contained in the composite oxide is x and an amount of substance of the element B is y as taught by Svensson because characteristics normally possessed by members of homologous series are principally the same, and vary but gradually from member to member; chemists knowing properties of one member of series would in general know what to expect in adjacent member, see In re Henze, 85 USPQ 261.
Thus, the subject matter as a whole would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made, since the substitution of equivalents (i.e., in view of the art recognized functional equivalence of the two
electromagnetic wave absorbing particles) requires no express motivation as long as the prior art recognizes the equivalency. In re Fount USPQ 532 (CCPA 1982); In re Siebentritt, 152 USPQ 618 (CCPA 1967); Graver Tank & Mfg. Co. Inc. v Linde Air Products Co., 85 USPQ 328 (USSC).
Regarding claim 8: Adachi teaches the electromagnetic wave absorbing particle dispersion (Page 28/30, [0079]), wherein the solid medium is a resin (Page 28/30, [0079], Seventh Embodiment).
Regarding claim 9: Adachi teaches the electromagnetic wave absorbing particle dispersion (Page 28/30, [0079]), wherein the resin is selected polycarbonate resin (Page 28/30, [0079], Seventh Embodiment).
Regarding claim 10: Adachi teaches the electromagnetic wave absorbing particle dispersion (Page 28/30, [0079]), wherein the electromagnetic wave absorbing particle dispersion is provided in a sheet shape, a board shape, or a film shape (Page 19/30, [0028]).
Regarding claim 11: Adachi teaches an electromagnetic wave absorbing laminate comprising: the electromagnetic wave absorbing particle dispersion, and transparent substrate (Page 27, [0075],Sixth Embodiment).
Regarding claims 13,15: Adachi teaches the electromagnetic wave absorbing particle (Page 13/30, [0022]) dispersion comprising: a liquid medium (Page 16/30, [0035]-[0036]) or a solid medium (Page 28/30, [0079]), and the electromagnetic wave absorbing particles contained in the liquid medium (Page 27/30, [0077], Seventh Embodiment) or in the solid medium (Page 28/30, [0079], Seventh Embodiment), wherein the electromagnetic wave absorbing particles comprising a composite oxide such as Sr (Ti, Nb)O3-X, where 0 ≦ X ≦1 (Page 27/30, [0077], Seventh Embodiment).
8. Claims 5-11,13,15 are rejected under 35 U.S.C. 103(a)(1) as being unpatentable over by Kenji Adachi (JP2018-077301 A, machine translation, hereinafter “Adachi”) in view of Gunnar
Svensson (Ba₂Nb₅O₉ - AN INTERGROWTH OF BaNbO₃ (PEROVSKITE) AND NbO, Mat. Res. Bull., Vol. 23, pp. 437-446, 1988, already of the record, hereinafter “Svensson”).
Regarding claim 5: Adachi teaches an electromagnetic wave absorbing particle (Page 6/31, [0001]) dispersion liquid comprising: a liquid medium, and the electromagnetic wave absorbing particles contained in the liquid medium (Page 28/31, [0096], Example 1), wherein the electromagnetic wave absorbing particles (Page 6/31, [0001]) comprising a composite oxide, the composite oxide comprising: an element A such as Sr as alkaline earth metal, and an element B that is one elements selected from V to produce SrVO3 (Page 28/31, [0095], Example 1). Adachi does not expressly teach the element A is Ba, and the element B is Nb, and a relationship of 0.7≤x/y≤1.0 is satisfied when an amount of substance of the element A contained in the composite oxide is X and an amount of substance of the element B is y.
However, Svensson teaches the synthesis of Ba₂Nb₅O₉ which has been characterized by means of X-ray powder diffraction and high resolution electron microscopy (Page 437, Abstract, lines 1-4).
In an analogous art of the electromagnetic wave absorbing particles comprising composite oxide, and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to replace the electromagnetic wave absorbing particle by Adachi, so as to include the element A is Ba, and an element B is one elements selected from Nb and a relationship of 0.7≤ x/y ≤ 1.0 is satisfied when an amount of substance of the element A contained in the composite oxide is x and an amount of substance of the element B is y as taught by Svensson because characteristics normally possessed by members of homologous series are principally the same, and vary but gradually from member to member; chemists knowing properties of one member of series would in general know what to expect in adjacent member, see In re Henze, 85 USPQ 261.
Thus, the subject matter as a whole would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made, since the substitution of equivalents (i.e., in view of the art recognized functional equivalence of the two
electromagnetic wave absorbing particles) requires no express motivation as long as the prior art recognizes the equivalency. In re Fount USPQ 532 (CCPA 1982); In re Siebentritt, 152 USPQ 618 (CCPA 1967); Graver Tank & Mfg. Co. Inc. v Linde Air Products Co., 85 USPQ 328 (USSC).
Regarding claim 6: Adachi teaches the electromagnetic wave absorbing particle dispersion liquid, wherein the liquid medium contains a liquid media selected from organic solvent such as toluene (Page 28/31, [0096], Example 1).
Regarding claim 7: Adachi teaches an electromagnetic wave absorbing particle (Page 6/31, [0001]) dispersion comprising: a solid medium, and the electromagnetic wave absorbing particles contained in the solid medium (Page 28/31, [0096], Example 1), wherein the electromagnetic wave absorbing particles (Page 6/31, [0001]) comprising a composite oxide, the composite oxide comprising: an element A such as Sr as alkaline earth metal, and an element B that is one elements selected from V to produce SrVO3 (Page 28/31, [0095], Example 1). Adachi does not expressly teach the element A is Ba, and the element B is Nb, and a relationship of 0.7≤x/y≤1.0 is satisfied when an amount of substance of the element A contained in the composite oxide is X and an amount of substance of the element B is y.
However, Svensson teaches the synthesis of Ba₂Nb₅O₉ which has been characterized by means of X-ray powder diffraction and high resolution electron microscopy (Page 437, Abstract, lines 1-4).
In an analogous art of the electromagnetic wave absorbing particles comprising composite oxide, and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to replace the electromagnetic wave absorbing particle by Adachi, so as to include the element A is Ba, and an element B is one elements selected from Nb and a relationship of 0.7≤ x/y ≤ 1.0 is satisfied when an amount of substance of the element A contained in the composite oxide is x and an amount of substance of the element B is y as taught by Svensson because characteristics normally possessed by members of homologous series are principally the same, and vary but gradually from member to member; chemists knowing properties of one member of series would in general know what to expect in adjacent member, see In re Henze, 85 USPQ 261.
Thus, the subject matter as a whole would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made, since the substitution of equivalents (i.e., in view of the art recognized functional equivalence of the two
electromagnetic wave absorbing particles) requires no express motivation as long as the prior art recognizes the equivalency. In re Fount USPQ 532 (CCPA 1982); In re Siebentritt, 152 USPQ 618 (CCPA 1967); Graver Tank & Mfg. Co. Inc. v Linde Air Products Co., 85 USPQ 328 (USSC).
Regarding claim 8: Adachi teaches the electromagnetic wave absorbing particle dispersion, wherein the solid medium is a resin (Page 28/31, [0096], Example 1).
Regarding claim 9: Adachi teaches the electromagnetic wave absorbing particle dispersion, wherein the resin is selected from an ultraviolet curable resin (Page 5/31, Claim 9; (Page 28/31, [0096], Example 1).
Regarding claim 10: Adachi teaches the electromagnetic wave absorbing particle dispersion, wherein the electromagnetic wave absorbing particle dispersion is provided in a sheet shape, a board shape, or a film shape (Page 29/31, [0097]).
Regarding claim 11: Adachi teaches an electromagnetic wave absorbing laminate comprising: the electromagnetic wave absorbing particle dispersion, and transparent substrate (Page 4/31, Claims 7-8; Page 29/31, [0097]-[0098]).
Regarding claims 13,15: The disclosure of Adachi in view of Cho is adequately set forth in paragraph above and is incorporated herein by reference. Cho teaches the synthesis of ellipsoid-like two-dimensional (2D) plates of calcium niobate(CaNb2O6) via the hydrothermal route without any surfactants or templates by controlling the reaction conditions, viz. the pH value, reaction time and temperature (Page 982, Abstract, lines 1-3).
9. Claims 12,14 are rejected under 35 U.S.C. 103(a)(1) as being unpatentable over by
Kenji Adachi (JP2012-007024 A, machine translation, hereinafter “Adachi”) in view of Svensson et al. (DETERMINATION OF THE COMPOSITION OF BaNbO₃ USING PROFILE REFINEMENT AND PHASE ANALYSIS, Mat. Res. Bull., Vol. 25, pp. 9-14, 1990, already of the record, hereinafter “Svensson”) as applied to claims 5 &7 above, and further in view of Yanagihara et al. (US Pub. No. 2013/0052535 A1, hereinafter “Yanagihara”).
Regarding claim 12,14: The disclosure of Adachi in view of Svensson is adequately set forth in paragraph 7 above and is incorporated herein by reference. Adachi in view of Svensson does not expressly teach a cumulative 50% particle diameter on a volume basis is 1 nm or more and 50 nm or less, and a cumulative 95% particle diameter on a volume basis is 5 nm or more and 100 nm or less, as measured by a particle size distribution analyzer.
However, Yanagihara teaches a method of synthesizing a composite oxide Page 2, [0018]), whereby the primary particles have three median diameters D10, D50, and D90 (nm) of the ranges 1 nm <D10<65 nm, 5 nm<D50<75 nm, and 50 nm<D90<100 nm as specified from the particle size distribution of the primary particles (Page 3, [0048]) with benefit of producing a very small and uniform the primary particle, thereby the ion conduction distance in the primary particles becomes very short in a uniform fashion, and this greatly reduces the lithium ion transfer resistance in the primary particles (Page 3, [0048]).
In an analogous art of the electromagnetic wave absorbing particles comprising composite oxide, and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the particles diameter by Adachi, so as to include a cumulative 50% particle diameter on a volume basis is 1 nm or more and 50 nm or less, and a cumulative 95% particle diameter on a volume basis is 5 nm or more and 100 nm or less as taught by Yanagihara, and would have been motivated to do so with reasonable expectation that this would result in providing a very small and uniform the primary particle, thereby the ion conduction distance in the primary particles becomes very short in a uniform fashion, and this greatly reduces the lithium ion transfer resistance in the primary particles as suggested by Yanagihara (Page 3, [0048]).
Thus the subject matter as a whole would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made, since choosing smaller particles size of a known material based on its suitability for its intended use is within the level ordinary skill in the art, because the smaller particles size result in an increased solubility, enhanced reactivity, improve mixing, better dispersion, and better packing efficiency.
10. Claims 12,14 are rejected under 35 U.S.C. 103(a)(1) as being unpatentable over by Kenji Adachi (JP2018-077301 A, machine translation, hereinafter “Adachi”) in view of Gunnar
Svensson (Ba₂Nb₅O₉ - AN INTERGROWTH OF BaNbO₃ (PEROVSKITE) AND NbO, Mat. Res. Bull., Vol. 23, pp. 437-446, 1988, hereinafter “Svensson”) as applied to claims 5 &7 above, and further in view of Yanagihara et al. (US Pub. No. 2013/0052535 A1, hereinafter “Yanagihara”).
Regarding claim 12,14: The disclosure of Adachi in view of Svensson is adequately set forth in paragraph 8 above and is incorporated herein by reference. Adachi teaches the dispersion liquid (liquid A) comprising SrVO3 having a mean dispersed particle size of 75 nm (Page 28/31, [0096], Example 1). Adachi in view of Svensson does not expressly teach a cumulative 50% particle diameter on a volume basis is 1 nm or more and 50 nm or less, and a cumulative 95% particle diameter on a volume basis is 5 nm or more and 100 nm or less, as measured by a particle size distribution analyzer.
However, Yanagihara teaches a method of synthesizing a composite oxide Page 2, [0018]), whereby the primary particles have three median diameters D10, D50, and D90 (nm) of the ranges 1 nm <D10<65 nm, 5 nm<D50<75 nm, and 50 nm<D90<100 nm as specified from the particle size distribution of the primary particles (Page 3, [0048]) with benefit of producing a very small and uniform the primary particle, thereby the ion conduction distance in the primary particles becomes very short in a uniform fashion, and this greatly reduces the lithium ion transfer resistance in the primary particles (Page 3, [0048]).
In an analogous art of the electromagnetic wave absorbing particles comprising composite oxide, and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the particles diameter by Adachi, so as to include a cumulative 50% particle diameter on a volume basis is 1 nm or more and 50 nm or less, and a cumulative 95% particle diameter on a volume basis is 5 nm or more and 100 nm or less as taught by Yanagihara, and would have been motivated to do so with reasonable expectation that this would result in providing a very small and uniform the primary particle, thereby the ion conduction distance in the primary particles becomes very short in a uniform fashion, and this greatly reduces the lithium ion transfer resistance in the primary particles as suggested by Yanagihara (Page 3, [0048]).
Thus the subject matter as a whole would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made, since choosing smaller particles size of a known material based on its suitability for its intended use is within the level ordinary skill in the art, because the smaller particles size result in an increased solubility, enhanced reactivity, improve mixing, better dispersion, and better packing efficiency.
Response to Arguments
11. Applicant’s arguments with respect to claims 5-15 have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection.
Examiner Information
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bijan Ahvazi, Ph.D. whose telephone number is (571) 270-3449. The examiner can normally be reached on Mon-Fri 9.00 A.M. -7 P.M..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached on 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Bijan Ahvazi/
Primary Examiner, Art Unit 1763
03/27/2026
bijan.ahvazi@uspto.gov
Prosecution Insights