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 § 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 13-24 are rejected under 35 U.S.C. 103 as being unpatentable over Reisacher (WO 2017012556 A1) in view of Gross (Copper-containing glass ceramic with high antimicrobial efficacy).
Regarding claims 13-24, Reisacher teaches an aqueous pigment composition (Example 4; Claim 1) comprising:
40 wt.% pigment;
6 wt.% Ethoxylated/propoxylated polyethyleneimine (a water soluble polyamine wetting agent, consistent with accepted polyamines in paragraph [0025] of the instant specification);
0.4 wt% biocide;
0.5 wt.% defoamer
(balance) water
Reisacher also teaches the optional component of fungicides (page 6, line 4).
Reisacher does not teach glass-encapsulated copper particles as a biocide.
Gross teaches a paint comprising copper (I) glass-encapsulated biocidal particles (introduction). The glass-copper particle have an average size of 2.5 - 5.0µm (Results and Discussion, page 3).
It would have been obvious to one of ordinary skill in the art as of the effective filing date of the instant application to see the usefulness of the glass-encapsulated copper of Gross in paints as a biocide and substitute the biocide found in Reisacher with the glass-encapsulated copper of Gross and the results would have been predictable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Lahiri (US 20190029261 A1)
Lahiri (US 20180289010 A1)
Miller (US 11814532 B1)
All references cited above teach glass-containing copper as a biocide in paint.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KOLTON JONES whose telephone number is (571)272-9802. The examiner can normally be reached Generally Monday-Friday 8:00 am - 5:00 pm EST.
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/KOLTON JONES/Examiner, Art Unit 1763
/JOSEPH S DEL SOLE/Supervisory Patent Examiner, Art Unit 1763
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