DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 10/13/2023 was filed timely. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
3. 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.
4. 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.
5. Claims 1-4, 6-12, 14-15, 17-18, 20, 22 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over (US 2018/0289010 A1) to Lahiri et al. (hereinafter Lahiri) in view of the teachings of (US 2013/0296461 A1) to Sadasivan (hereinafter Sadasivan)
Lahiri is directed toward a biocide particle in a carrier medium. Lahiri discloses at paragraph [0006] that a copper containing glass particle is added to a carrier fluid to act as a biocide. Lahiri discloses at paragraph [0006] that the carrier also contains a co-biocide to have a synergistic effect. Lahiri discloses at paragraph [0007] that the ratio of the copper to the co-biocide is 0.005 to 12, which overlaps and reads on Applicants range of 3:1 to about 1:3. Lahiri discloses at paragraph [0006] that the antimicrobial compound of Tralopyril is synergistic with copper and is a bromine nitrogen based compound sold as a commercial insecticide (shown below).
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Lahiri discloses at paragraph [0010] that the copper ions are +1 and are in the glass phase. Lahiri discloses at paragraph [0031] that the copper may be in the form of cuprite. Lahiri discloses at paragraph [0009] that the carrier may be a paint. Lahiri discloses at paragraph [0032] that the glass comprises B2O3 with an alkali metal of K, Na, Li or Cs. Lahiri discloses at paragraph [0034] that the glass includes an SiO2 of 40 to about 70%, which reads on Applicants range of greater than 40%. Lahiri discloses at paragraph [0031] that the cuprite is dispersed in the glass that has a greater weight. Lahiri discloses at paragraph [0077] that the diameter is from 0.1 to 10 microns, that overlaps and reads on Applicants range of less than 0.5 microns. Lahiri discloses at paragraph [0071] that the cuprite phase leaches in the presence of water. Lahiri discloses at paragraph [0006] that the copper and the biocide have a synergistic effect. Lahiri discloses each and every element, but is silent regarding specific species of co-biocides.
Sadasivan is directed to a paint carrier that has antimicrobial compounds. Lahiri and Sadasivan are both directed to a paint carrier that has antimicrobial compounds and therefore are analogous art. Sadasivan teaches at paragraph [0020] that the biocides are present in a paint carrier. Sadasivan teaches at paragraph [0187] that the carrier may include a biocide of isothiazolinone. Sadasivan teaches at paragraph [0007] that the paint carrier may be a styrene, an ABS or other film forming polymer. Sadasivan teaches at paragraph [0026] that the paint carrier includes a solvent.
It would be obvious to one skilled in the art at the time of the filing of the disclosure of Lahiri in view of the teachings of Sadasivan to modify the carrier to include other known useful biocides that forms a prime facie case of obviousness for claims 1-4, 6-12, 14-15, 17-18, 20, 22 and 27.
6. Claims 1-12, 14-15, 17-20, 22 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over (US 2018/0289010 A1) to Lahiri et al. (hereinafter Lahiri) in view of the teachings of (US 2013/0296461 A1) to Sadasivan (hereinafter Sadasivan) in further view of (US 2006/0051430 A1) to Arata et al. (hereinafter Arata).
Lahiri is directed toward a biocide particle in a carrier medium. Lahiri discloses at paragraph [0006] that a copper containing glass particle is added to a carrier fluid to act as a biocide. Lahiri discloses at paragraph [0006] that the carrier also contains a co-biocide to have a synergistic effect. Lahiri discloses at paragraph [0007] that the ratio of the copper to the co-biocide is 0.005 to 12, which overlaps and reads on Applicants range of 3:1 to about 1:3. Lahiri discloses at paragraph [0006] that the antimicrobial compound of Tralopyril is synergistic with copper and is a bromine nitrogen based compound sold as a commercial insecticide (shown below).
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Lahiri discloses at paragraph [0010] that the copper ions are +1 and are in the glass phase. Lahiri discloses at paragraph [0031] that the copper may be in the form of cuprite. Lahiri discloses at paragraph [0009] that the carrier may be a paint. Lahiri discloses at paragraph [0032] that the glass comprises B2O3 with an alkali metal of K, Na, Li or Cs. Lahiri discloses at paragraph [0034] that the glass includes an SiO2 of 40 to about 70%, which reads on Applicants range of greater than 40%. Lahiri discloses at paragraph [0031] that the cuprite is dispersed in the glass that has a greater weight. Lahiri discloses at paragraph [0077] that the diameter is from 0.1 to 10 microns, that overlaps and reads on Applicants range of less than 0.5 microns. Lahiri discloses at paragraph [0071] that the cuprite phase leaches in the presence of water. Lahiri discloses at paragraph [0006] that the copper and the biocide have a synergistic effect. Lahiri discloses each and every element, but is silent regarding specific species of co-biocides.
Sadasivan is directed to a paint carrier that has antimicrobial compounds. Lahiri and Sadasivan are both directed to a paint carrier that has antimicrobial compounds and therefore are analogous art. Sadasivan teaches at paragraph [0020] that the biocides are present in a paint carrier. Sadasivan teaches at paragraph [0187] that the carrier may include a biocide of isothiazolinone. Sadasivan teaches at paragraph [0007] that the paint carrier may be a styrene, an ABS or other film forming polymer. Sadasivan teaches at paragraph [0026] that the paint carrier includes a solvent. Lahiri discloses each and every element, but is silent regarding specific species of co-biocides of bromine compounds.
Arata is directed to a carrier that has antimicrobial compounds. Lahiri and Arata are both directed to a carrier that has antimicrobial compounds and therefore are analogous art. Arata teaches in paragraph [0055] that useful antimicrobial compounds include Applicants species of 2-bromo-2-nitro-1,3-propandiol and oxazolidine compounds. One would find it obvious to include the use of know antimicrobial compounds that are functionally equivalent.
It would be obvious to one skilled in the art at the time of the filing of the disclosure of Lahiri in view of the teachings of Sadasivan and Arata to modify the carrier to include other known useful biocides that forms a prime facie case of obviousness for claims 1-12, 14-15, 17-20, 22 and 27.
Allowable Subject Matter
7. Claims 4 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
8. The following is a statement of reasons for the indication of allowable subject matter: The prior art does not teach Applicants species of oxazolidine compounds used as a biocide.
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY D WASHVILLE whose telephone number is (571)270-3262. The examiner can normally be reached M-F 9-5.
10. 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.
11. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski can be reached at 571-272-1302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY D WASHVILLE/Primary Examiner, Art Unit 1766