CTNF 18/270,772 CTNF 88592 DETAILED ACTION 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. This application is a national stage entry under 35 U.S.C. §371 of International Application No. PCT/EP2022/050031 filed 1/3/2022. Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. §119(a)-(d) by Application No. 21150245.5 filed 1/5/2021, which papers have been placed of record in the file. Claims 1-16, 18-21 are pending. Election/Restrictions 08-25 AIA Applicant's election with traverse of Species of compound (7) in the reply filed on 3/31/2026 is acknowledged. The traversal is on the ground(s) that UV-C is not specifically mentioned by WO2020/182709, and species (1) to (8) and (9) to (11) (22) (12) to (14) (21) (15) (17) share a core structure that substantially contributes to their UV-C stabilization characteristics with 1,3,5-triazine and/or belong to a single Markush species. See MPEP 803.02 . This is not found persuasive because the inventions of species (1) to (8) require searching different classes/subclasses or electronic resources, or employing different search queries is required. For example, a species of formula (1) requires a search for triazine species that requires a hydroxyl group in addition to an branched ether substituent. However, compound (7) requires a linear alkyl ether. Likewise, a search of compounds (9) to (11) (22) (12) to (14) (21) (15) (17) requires a search for structures that are significantly different, e.g. benzotriazole compounds, requiring different classifications and search queries. Finally, since the common technical features of claims belonging to species (1)-(20) or micronized metal oxide salts do not define a contribution over Zhang et al. (US 2022/0411646) below they do not constitute a special technical feature and hence there is lack of unity between the cited groups. Accordingly, claims 1-5, 8-16, 18-21 are under examination . The requirement is still deemed proper and is therefore made FINAL. Claim Rejections - 35 USC § 112 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 07-34-01 Claim 9 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. 07-34-03 AIA The term “ frequently ” in claim 9 is a relative term which renders the claim indefinite. The term “ frequently ” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Appropriate correction and/or clarification is required . Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1-5, 8-16, 18-21 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Zhang et al. (US 2022/0411646) . Regarding claims 1-2 : Zhang is directed to a method for stabilizing a shaped polymer article against degradation induced by artificial UV-C light (abstract), a stabilizer including 2-hydroxy-4-octyloxybenzophenone (CYASORB™ UV-531), (equivalent to compound (7). Specifically, coatings are disclosed in Zhang, wherein the present invention defines shaped polymer articles may have any shape, such as a film, foil, fibre, fabric, plate device. Hence, the coatings of Zhang are equivalent to a shaped article. Regarding claims 3-4 : Polymers include polyethylene, polypropylene, polystyrene, polybutadiene-acrylonitrile copolymers, polycarbonates, polyvinyl chloride, polyamides, and polyethylene terephthalate. Regarding claim 5 : Compound (7) is disclosed. Regarding claim 8 : Zhang teaches that UV-C is used for disinfecting articles ([0004] Zhang). Regarding claim 9 : The degradation by UV-C is induced frequently. Regarding claim 10 : The articles are exposed to 1200 μW/cm2 for 190 hr, although a dose of at least 100 μW.s/cm2 is not specifically mentioned. Case law holds that the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best , 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). MPEP 2112.01(I). Hence, Zhang anticipates a method having a dose within the scope of the claims. Since PTO cannot conduct experiments the proof of burden is shifted to the applicants to establish an unobviousness difference, see In re Best , 562 F.2d 1252, 195 USPQ 430 (CCPA 1977). See MPEP § 2112.01. Regarding claim 11 : Zhang teaches UV-C light is typically used as a tool indoors ([0004] Zhang). Regarding claim 12 : Zhang teaches UV-C light is used for disinfection at a wavelength of 200 to 280 nm ([0005]). Regarding claim 13 : The amount added is in an amount of 0.1-2 wt% ([0039]). Regarding claim 14 : The stabilizer is inside the coating (equivalent to present inside the shaped article). Regarding claim 15 : The coating of Zhang are used on a wide range of non-porous substrates ([0165]) (equivalent to a non-porous surface of the shaped polymer article is stabilized against degradation). Regarding claim 16 : The coating of Zhang are used on a wide range of non-transparent substrates ([0165]) (equivalent to a non-transparent surface of the shaped polymer article is stabilized against degradation). Regarding claim 18 : Polymers include polyethylene, polypropylene, polystyrene, polybutadiene-acrylonitrile copolymers, polycarbonates, polyvinyl chloride, polyamides, and polyethylene terephthalate. Regarding claim 19 : The coatings were exposed to UV-C weathering for 270 hours (Table 8) (equivalent to at least once a week). Regarding claim 20 : transportation coatings, automotive coatings, refinish coatings, general industrial coatings, coil coatings, heavy-duty maintenance coatings, marine coatings, architectural coatings, wood stains and varnishes, paper coatings, or inks. The coating compositions can also be for recording media, e.g. reprographic paper, ink-jet paper, photographic paper, pressure-sensitive paper, heat sensitive paper, and microcapsule paper ([0165]). Regarding claim 21 : The amount added is in an amount of 0.1-2 wt% ([0039]). Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT T BUTCHER whose telephone number is (571)270-3514. The examiner can normally be reached Telework M-F 9-5 Pacific Time Zone. 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, Lanee Reuther can be reached at (571) 270-7026. 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. /ROBERT T BUTCHER/Primary Examiner, Art Unit 1764 Application/Control Number: 18/270,772 Page 2 Art Unit: 1764 Application/Control Number: 18/270,772 Page 3 Art Unit: 1764 Application/Control Number: 18/270,772 Page 4 Art Unit: 1764
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