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 .
Election/Restriction
Applicant's election with traverse of group I (claims 1-22) in the reply filed on 5/19/2026 is acknowledged. The traversal is on the ground(s) that there is not a serious search burden. This is not found persuasive because although groups I-V overlap in subject matter relating to a crosslinked film that imparts antifog properties, the restriction remains proper between groups due to separate classification and divergent subject matter between the composition, the methods claimed, and products for forming and for application.
The requirement is still deemed proper and is therefore made FINAL.
Claims 23-26 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected group, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 5/19/2026.
Specification
The disclosure is objected to because of the following informalities: inconsistent digit amounts in paragraph numbering. For example: paragraphs [009] to [0010], and [0099] to [00100].
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claims 2 and 20-22 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.
Regarding claims 2-22, the phrase “in an amount sufficient”, which relates the amounts of first and second components in the composition, is unclear as to what amounts are considered sufficient to yield the claimed results and therefore renders the scope of the claims indefinite.
Regarding claim 20, the terms “the first composition” and “the second composition” lack antecedent basis. For examination purposes the word “composition” is taken to mean “component”, since this has antecedent basis in claim 2.
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.
(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, 2, 4-9, 11-17, 19, 21 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim-Santos (WO 2023034606 A1).
Regarding claims 1, 2, 4-9, 11-14 and 22, Kim-Santos teaches hydrophilic crosslinked anti-fog films [003-006] comprising:
A Prepolymer (Example 2), where percentages are by weight, comprising:
25.5% N-(3-Sulfopropyl)-N-(methacryloxyethyl)-N,N-dimethylammonium
betaine, (which is a synonym for [2-(methacryloyloxy)ethyl]dimethyl- (3-sulfopropyl) ammonium hydroxide, CAS# 3637-26-1) as charged monomer;
69.7% hydroxyethyl methacrylate as uncharged monomer;
4.8% acrylic acid (an allyl methacrylate derivative) as an amine reactive monomer;
Solvents comprising 71.2% water as a carrier and 20% ethanol;
Additives amounting to 0.825%, among the additives is a surfactant and a leveling agent;
And amine-bearing crosslinkers (paragraph [050])
Regarding the above prepolymer solution, Kim-Santos discloses that before application the prepolymer solution (first component) is mixed with the crosslinking agent Carbodilite SV-02 (as a second component). The composition exhibits a change in haze when exposed to a high humidity environment (fog conditions) for longer than 30 seconds. After 30 seconds, the coating exhibited a change in haze of 0.1%. Kim-Santos further discloses a temperature treatment where the film is dried by heating at 130°C for 5 minutes.
Regarding claims 15-17 and 19, Kim-Santos discloses silica nanoparticles as a mechanical additive (paragraph [066]), coupling agent (3-Aminopropyl) triethoxysilane (paragraph [052]), UV absorber (photoinitiator) benzophenones (paragraph [064]), and cetyl trimethylammonium bromide as a surfactant (paragraph [054]).
Regarding claim 21, the examiner notes that, with regard to curing under ambient conditions, the instant specification paragraph [006] teaches that the sufficiency of the thermal treatment of the coating directly determines whether the coating cures sufficiently. Kim-Santos also discloses that the composition is intended to form a film (cure/crosslink) in ambient conditions (paragraph [095]). Since the thermal treatment and the coating of Kim-Santos are disclosed above as claimed, the coating is expected to cure in the claimed time under the claimed conditions.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 3, 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim-Santos (WO 2023034606 A1) in view of Fukaumi (US 20170283649 A1).
Regarding claim 10, the anti-fog film composition of Kim-Santos applies as referenced above with respect to the amino (amine bearing) crosslinkers and Carbodilite SV-02. Kim-Santos fails to disclose the crosslinkers and molar ratios as claimed.
Fukaumi discloses curable resins which use polyoxypropylenetriamines as curing agents (crosslinker) (paragraph [0158]).
A person having ordinary skill in the art would have found it obvious to substitute the Carbodilite SV-02 of Kim-Santos for a the known crosslinker polyoxypropylenetriamine of Fukaumi and the results would have been predictable.
Regarding claim 3, with respect to the composition of Kim-Santos in view of Fukaumi, the amine reactive monomer residue acrylic acid of Kim-Santos referenced above has a molar ratio with the active hydrogens of the polyoxypropylenetriamine of 1:6.
Regarding claim 20, the examiner notes that the instant specification exemplifies polyoxypropylenetriamine as the crosslinker and further teaches that the amine bearing crosslinker may aid in a longer pot life of the composition. Since the composition of Kim-Santos in view of Fukaumi contains the exemplified crosslinker, the components of the prepolymer, and the solvents as claimed in the claimed amounts, it is expected to have the pot life as claimed.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Kim-Santos (WO 2023034606 A1) in view of Gijsman (A review on the mechanism of action and applicability of Hindered Amine Stabilizers).
Regarding claim 18, Kim-Santos applies as referenced above but fails to disclose the claimed UV stabilizers.
Gijsman teaches hindered amine light stabilizers (HALS) for use in coatings (introduction), more specifically bis(2,2,6,6-tertramethyl-4-piperidyl) sebacate, referred to as HAS-1 (appendix). Gijsman further teaches that HALS impart long-term heat stability (introduction).
A person having ordinary skill in the art as of the effective filing date of the instant application would have found it obvious to add the bis(2,2,6,6-tertramethyl-4-piperidyl) sebacate as disclosed by Gijsman with the intention of imparting UV and heat stability to the coating of Kim-Santos as a combination of prior art elements according to known methods and the result would have been predictable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Ho (US 20060194921 A1) discloses crosslinker bis-(3-trimethoxysilylpropyl)amine.
Hnojewyj (US 20060062768 A1) discloses 4-arm poly(ethylene glycol)-amine crosslinker.
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/KOLTON JONES/Examiner, Art Unit 1763
/JOSEPH S DEL SOLE/Supervisory Patent Examiner, Art Unit 1763
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