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 .
Applicant has amended the claims to include limitations and dependencies not previously considered.
Support for the amendments is found in the original filing. Amended/new grounds of rejection are below set forth addressing the amended/new claim limitations and dependencies.
The rejections under prior art previously cited “Umehara” have been withdrawn in view of the claim amendments and remarks filed 11/13/2025. However the rejections over “Waldfired” are maintained as more fully below set forth.
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 15 and 17-18 are 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.
Claims 15 and 17-18 depend from claim 14 which is canceled rendering said claims indefinite.
Claim Interpretation/Introduction
Any and all claim interpretations above and below set forth are expressly incorporated into each and every rejection below as though fully set forth therein.
The claims are given the broadest reasonable interpretation in view of the specification.
The claims broadly recite a barrier layer without indicating what is being barred. The claims are afforded the broadest reasonable interpretation in view of the specification. Any layer including but not limited to a polymeric layer/matrix/resin will be deemed to meet this limitation.
The applicant does not claim the barrier layer to be different in composition than the corrosion inhibitor layer. As such this layer may be the same materials, etc.
The claims are drafted as “comprising” thereby permitting additional chemicals, compounds, steps. Etc. MPEP 2111
Claim 17 recites the core comprises a solid, a droplet of liquids or a gas, as such any material in the core will meet one of these phases.
Certain dependent claims recite a “metal protective coating” The claim does not indicate that this coating must of a material differing from the other layers or what material is deemed protective or what property is protected. As such any layer or any coating will be deemed to meet this limitation.
Tie layer is interpreted as any layer comprising a material with adhesion properties as is known by one of ordinary skill in the art at the time of filing the invention.
The below prior art having taught two required layers and indicates “at least” further teaching additional layering (the corrosion inhibiting polymeric layer with particles and a binding layer which is also polymeric) as well as other layers for pre-treating etc. renders obvious to one of ordinary art at the time of filing the invention to try the instantly claimed repetition and order of layers as more fully below set forth.
The claims recite the composition comprises a “barrier layer”, a “corrosion layer” and recite the corrosion layer comprises “particles which comprise a core and a shell”
The examiner notes the claims do not recite any genus or species of corrosion inhibitor. As such any chemical which may possess such properties will be deemed to meet this limitation.
The examiner notes the specification provides some information in that the corrosion inhibitors may be organic or inorganic and while providing some examples does not limit same to the examples. To wit (emphasis added by examiner):
Instant Specification: [0045]In an aspect, combinable with any other aspect, a matrix of the corrosion inhibitor layer is selected from the group consisting of epoxy, a polyurethane, a polyphenylene sulfide, a polyester, poly (phenylene methylene), silica, a phenolic resin, and any combination thereof.
Instant [0021] The encapsulated active agent of the core 108 can include inorganic inhibitors, organic inhibitors, or both. For example, in various embodiments, inorganic inhibitors used in the core 108 include cerium salts, molybdates, tungstates, and the like. In various embodiments, organic inhibitors used in the core 108, include triazole and thiazole derivatives, such as benzotriazole (BTA), mercapto-benzothiazole (MBT), and the like.
The below rejections include previously cited sections of the previously cited reference and may include additional citations in response to the amendments. Given the length of the reference, excerpts of the cited language are provided for expediency and the convenience of applicant.
The prior art teaching the claimed particle with a coated component / core and shell of the claimed compositional chemicals will necessarily possess the claimed properties including degradation and release of said chemicals to external stimuli.
Where 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) “When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not.” In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir.1990) “Products of identical chemical composition can not have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990)
Claim Rejections - 35 USC § 102
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.
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.
Claim Rejections - 35 USC § 103
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 5-6, 8-12, 15, 17-20, and 21-22 is/are rejected under 35 U.S.C. 102(a)(1)(2) as being anticipated by Paliwoda Probeska Grazyna Plieth Waldfired et al. CA 2 576 253 A1/ WO 2006/015756 A1
Regarding Claims 1, 5, 8-12, 15, 17-20, and 21-22
The following teaches of Paliwoda teach the limitations of claims 1, 5, 8-12, 15, 17-20 and 21-22. The reference teaches multiple coating layers and particles possessing a core and shell with anti-corrosion comopnents as claimed comprising the materials of the instant claims as below set forth.
Further Regarding Claims 1 and 20:
Paliwoda Probeska Grazyna Plieth Waldfired et al. CA 2 576 253 A1/ WO 2006/015756 A1 discloses coating metal surfaces with an anticorrosion composition (protective coating of claim 1 and protecting metal surface from corrosion of claim 20 by coating (i.e. depositing)) comprising:
a conductive polymer particulate (meeting the limitation for a corrosion inhibitor layer comprising particles of claim 1) as well as
a binder system. (Abstract) (where the binder meets the limitations for a barrier and tie layer)
Regarding the limitation for two layers one a barrier layer and one an anticorrosion layer:
See Claim 2 reference where the metal surface has a first composition with conductive polymer with particulate applied (first layer) and a second composition with a binder system is applied (second layer) to the pre coated metal surface and polymerized. (i.e. a barrier layer and a corrosion layer and depositing the layers onto the metal surface as in instant claims 1 and 20)
Regarding Claims 1, 5 and 20 etc. Particles:
The composition comprises conductive polymer containing particles in a size range of 10 nm to 20 microns and the mean particle size is 10 nm to 20 microns (See claim 4 – a mean particle size indicates that there are particles larger and smaller)
The layer of the conductive polymer on the particle maybe varied within wide ranges. (meeting the limitation for thicker shell and thinner shell) Thickness in the interior are the range of 1 to 200 nm. The inorganic particles may be thinner. Thicker layers are also conceivable and possible. The layer thickness for the shells depend on the reaction time the concentration of the educts and on the interfaces available between particles and liquid components for the educt mixture. (P38 L20-P39L14)(see also P39 L18-38)
The composition comprises conductive polymer containing particles in a size range of 10 nm to 20 microns and the mean particle size is 10 nm to 20 microns (See claim 4 – a mean particle size indicates that there are particles larger and smaller)
The Conductive Polymer layer includes organic particles which may be a shell with a conductive polymer incorporated forming a coated core shell (P41 L8-21) of styrene, polyurethane (P41 L10-30) epoxide (P42 L14-18 and 30-35 P42 L35-P43L10) (meeting claim 18)
The polymer is based on at least one of polyphenylene, polythiophenylene, polyfuran, polyimidazole, polyphenathrene, polypyrolle, polythiophene charged with anti-corrosive mobile anions. The metal substrate may first be coated with a dispersion based on conductive polymer in particulate form and coated with a composition which contains a binder system (Abstract)
The conductive polymer is a shell layer for a substate coated with an electrically conductive coating (P1 L1-10) Anions added and incorporated into the structure of the conductive polymers can exert anti-corrosive action on metal surfaces (P 4 L22-28) (the corrosion inhibitor)
The polymer anticorrosive particles are in a dispersion which is applied to a metallic surface and dried and a second composition with a binder is applied as a dispersion to the pe coated metal surface and dried and optionally polymerized. (P8 L4-17) (multi-layer, depositing layer to metal surface and depositing corrosion inhibit layer proximate to barrier layer)
A thin polymer coating may be applied followed by another composition with a binder system (P9 L1-8)(multi-layer barrier layer and anti-corrosion layer and meeting the limitation of claim 23 for a binder))
The composition is at least one polymer particles with at least one type of conductive polymer and an additive (P L20-30)
Each polymer is used with anti-corrosive mobile anions (P9 L14-17) Anions based on titanium may be incorporated (P9 L27-33) (meeting the limitation for particles comprise active material embedded in a carrier of claim 12) Anions containing silicic acids molybdenum acids titanium acids tungsten acids and their salts and esters and mixtures (P11 L15-25) and an oxidizing agent (P11 L25-30) (the core of 17 solid liquid gas etc.)
The particles may be nanoparticles, nanotubes, porous structures and have a mean particle size in the range of 10nm to 10 mm (P11 L30-37) (meeting claim 6 and 19)
Particles containing conductive polymer, at least one type of inorganic and/or organic particle coated with conductive polymer and/or contain conductive polymer in their interior (P20 L30-35) (i.e. a core shell where the core may be the polymer or the core may be the organic and or inorganic particle (meeting claims including claim 1 et seq. 12, and 17)
Organic particles may be used as core for core shell particles and the conductive polymer may be incorporated in the interior. The organic particles include those based on polyurethane (P41 L10-34) (meeting limitation for embedded in a carrier and for a core shell)
Inorganic particles may be cores for coated particles such as titanate, and powdered mineral amorphous materials etc. (P45 L10-24)
The mean size of the particle is down to 0.1 microns the particle size range is form 5 nm to 0.1 microns (P37 L8-20)
The anions and coating and at least a depot substance and /or at least a matrix substance will have a pore size so the anions to be released are not prevented from migrating through the coating and through further component such as a matrix. A matrix as for example an organic polymer/copolymer that forms the coating (P18 L8-21)
Further Regarding Claims 15:
The layer of the conductive polymer on the particle maybe varied within wide ranges. (meeting the limitation for thicker shell and thinner shell) Thickness in the interior are the range of 1 to 200 nm. The inorganic particles may be thinner. Thicker layers are also conceivable and possible. The layer thickness for the shells depend on the reaction time the concentration of the educts and on the interfaces available between particles and liquid components for the educt mixture. (P38 L20-P39L14)(see also P39 L18-38)
Further Regarding Claims 8 and 22
Regarding the limitation for a protective metal coating layer:
A thin coating of the conductive polymer may be applied before the at least one composition according to the invention is applied (P8 L20-27 i.e. a barrier layer) and is a first deposit directly on the metal surface aiding in repairing small defects and prevention of corrosion. Adhesion is resultant (P8 L30-P9 L10 i.e. a tie layer and preparing step for metal substrate as well as again meeting limitation for multi-layer)
See Claim 2 reference where the metal surface has a first composition with conductive polymer with particulate applied (first layer) and a second composition with a binder system is applied (second layer) to the pre coated metal surface and polymerized. (i.e. a barrier layer and a corrosion layer)
Further Regarding Claim 21:
Regarding the limitation for preparing the metal surface to improve adhesion and a protective layer/coating:
The metallic surface is cleaned pickled rinsed before treatment with at least one composition according to claim 1 or 2, is provided with a passivation layer, treatment layer, pre-treatment layer, a coating that contains conductive polymer. (See claim 22 of reference)
Regarding the limitation for the Matrix and an Active material embedded in a carrier and the core comprises the corrosion inhibitor, solid core, shell polystyrene, polyurethane, etc. of claims 9, 11-12, and 17-18
The binder system includes polymers of phenol, polyurethane etc. (P71 L10-34) and may contain a synthetic resin such as PVA (P73 L4-10)(meeting claim 9 and/or 11) The binder coating includes primer, paint paint-like organic composition and adhesive mixtures (P68 L28-37)( i.e. a tie layer)
The binder system includes film formable thermoplastic synthetic resin (P73 L15-25)
The Conductive Polymer layer includes organic particles which may be a shell with a conductive polymer incorporated forming a coated core shell (P41 L8-21) of styrene, polyurethane (P41 L10-30) epoxide (P42 L14-18 and 30-35 P42 L35-P43L10) (meeting claim 18)
The polymer is based on at least one of polyphenylene, polythiophenylene, polyfuran, polyimidazole, polyphenathrene, polypyrolle, polythiophene charged with anti-corrosive mobile anions. The metal substrate may first be coated with a dispersion based on conductive polymer in particulate form and coated with a composition which contains a binder system (Abstract)
The conductive polymer is a shell layer for a substate coated with an electrically conductive coating (P1 L1-10) Anions added and incorporated into the structure of the conductive polymers can exert anti-corrosive action on metal surfaces (P 4 L22-28) (the corrosion inhibitor)
The polymer anticorrosive particles are in a dispersion which is applied to a metallic surface and dried and a second composition with a binder is applied as a dispersion to the pe coated metal surface and dried and optionally polymerized. (P8 L4-17) (multi-layer, depositing layer to metal surface and depositing corrosion inhibit layer proximate to barrier layer)
A thin polymer coating may be applied followed by another composition with a binder system (P9 L1-8)(multi-layer barrier layer and anti-corrosion layer and meeting the limitation of claim 23 for a binder))
The composition is at least one polymer particles with at least one type of conductive polymer and an additive (P L20-30)
Each polymer is used with anti-corrosive mobile anions (P9 L14-17) Anions based on titanium may be incorporated (P9 L27-33) (meeting the limitation for particles comprise active material embedded in a carrier of claim 12) Anions containing silicic acids molybdenum acids titanium acids tungsten acids and their salts and esters and mixtures (P11 L15-25) and an oxidizing agent (P11 L25-30) (the core of 17 solid liquid gas etc.)
The particles may be nanoparticles, nanotubes, porous structures and have a mean particle size in the range of 10nm to 10 mm (P11 L30-37) (meeting claim 6 and 19)
Particles containing conductive polymer, at least one type of inorganic and/or organic particle coated with conductive polymer and/or contain conductive polymer in their interior (P20 L30-35) (i.e. a core shell where the core may be the polymer or the core may be the organic and or inorganic particle (meeting claims including claim 1 et seq. 12, and 17)
Organic particles may be used as core for core shell particles and the conductive polymer may be incorporated in the interior. The organic particles include those based on polyurethane (P41 L10-34) (meeting limitation for embedded in a carrier and for a core shell)
Inorganic particles may be cores for coated particles such as titanate, and powdered mineral amorphous materials etc. (P45 L10-24)
The mean size of the particle is down to 0.1 microns the particle size range is form 5 nm to 0.1 microns (P37 L8-20)
The anions and coating and at least a depot substance and /or at least a matrix substance will have a pore size so the anions to be released are not prevented from migrating through the coating and through further component such as a matrix. A matrix as for example an organic polymer/copolymer that forms the coating (P18 L8-21)
Regarding Claims 6 and 19 for “nano”
The particles may be in at least one form such as nanoparticles, nanotubes and may be porous structures, coated, or filled or hollow and sponge like, etc. (P38 L1-12 meeting claims 6 and 19)
The particles can be pre coated chemically modified or physically modifier for example SiO.sub.2 particles may be acidic basic hydrophilic and hydrophobic. (P37 L30-38)(i.e. porous silica)
Anticorrosive anions include molybdate, tungstate, titanium complex and mixtures of anions which may include silane, siloxane polysiloxane, and at least one complex titanate,(i.e. titanium dioxide of instant claim 19) molybdate (P29 L27-P30 L15)The composition comprises silica (See claim 14 of reference) (further meeting claim 19)
Organic particles may be used as core for core shell particles and the conductive polymer may be incorporated in the interior. The organic particles include those based on polyurethane (P41 L10-34)
Inorganic particles may be cores for coated particles such as titanate, and powdered mineral amorphous materials etc. (P45 L10-24) (titanate = titanium dioxide)
FURTHER REGARDING CORE SHELL:
Particles consisting essentially of conductive polymer, particles containing conductive polymer and / or particles as cores with a very thin, thin, thick or very thick shell (core-shell particles) of conductive polymer can be helpful, … conductive polymers in a mass, dispersion or solution in particulate, viscous or highly viscous form.
1.) Typical core-shell particles (coated particles) partially or completely coated with conductive polymer, which are often inorganic coated particles,
2.) Particles which contain conductive polymer at least partly inside or even inside, which are often organic particles which have often been produced together with the conductive polymer.
3.) conductive polymer, which may be arbitrarily shaped or manufactured, which is particulate and has optionally not been formed separately or / and exceptionally around a particle core, that is, has not been formed as a coating on particles; if appropriate, conductive polymer can also occur in the particles which are to be coated, in particular even when these are still growing, grow together with one another and / or heal,
4.) so-called "adhesion promoter particles" of conductive polymer which has at least one adhesion-promoting chemical group on the molecule, for example a phosphonate group, P38-42
FURTHER REGARDING CORE SHELL CORE COMPRISING CORROSION INHIBITOR AND SHELL DEGRADABLE IN RESPONSE TO EXTERNAL STIMULI TO RELEASE AT LEAST A PORTION OF CORROSION INHIBITOR:
In principle, a coating of all types of organic particles according to at least one coating method with conductive polymers is possible, optionally by encapsulation of poorly dispersible or non-dispersible particles. Dispersible in the sense of this text section means the possibility of having a stable dispersion of the organic particles in a solution or dispersion or / and in a sol or gel, so that essentially no agglomeration occurs. Inorganic particles as cores for coated particles:
The inorganic particles preferably consist essentially of at least one inorganic substance, in particular substantially each of at least one boride, carbide, carbonate, cuprate, ferrate, fluoride, fluorosilicate, niobate, nitride, oxide, phosphate, phosphide, phosphosilicate, selenide, Silicate, aluminous silicate, sulphate, sulphide, telluride, titanate, zirconate, of at least one kind of carbon, of at least one rock flour, of at least one powder of glass, frit, glassy material, amorphous material and / or composite material, of at least an alloy and / or at least one metal - as far as the alloy and / or the metal does not already corrode during the production of the conductive polymer and does not form a local element - or / and their mixed crystals, their adhesions or / and their mixtures.
(P41-48)
These organic components such as phosphate, phosposilicate etc. meet the limitation for a corrosion inhibitor core
The inorganic particles can essentially consist of at least one substance, in particular substantially in each case at least one alkaline earth carbonate, alkaline earth titanate, alkaline earth zirconate, SiO 2 , silicate, such as, for example, aluminum-containing silicate, mica, clay mineral, zeolite, sparingly soluble sulfate, such as barium sulfate or Calcium sulphate hydrate, from flakes, for example based on SiO 2 or / and silicate (s), of oxide (s) containing aluminum, iron, calcium, copper, magnesium, titanium, zinc, tin or / and zirconium stand.
These inorganic components such as silicate/SiO.sub.2 , zinc, etc. meet the limitation for a corrosion inhibitor core
Particularly fine-grained particles can be produced, for example, via a sol and / or a gel such as, for example, a silica sol. The advantage of coating a sol lies in the high mobility of the components despite their high concentrations. Such particles often have an average particle size in the range from 10 to 120 nm. Due to the fine granularity of the particles formed in this case, a particularly uniform distribution of the conductive polymers results, in particular with thin coating with a shell. Optionally, during the preparation of such inorganic particles, too, the conductive polymer may be partially, substantially or completely incorporated in the interior of these particles, whereby such particles are also referred to herein as "coated particles" and as core-shell particles in the sense of this application.
2.) Particles which contain conductive polymer at least partly inside or even inside, which are often organic particles which have often been produced together with the conductive polymer.
Preference is given to adding to the mixture educt (s) for preparing the conductive polymer in which at least one educt has a looser molecular structure and / or in which at least one of the conductive polymers formed has a looser molecular structure, in particular such that this leads to a larger average pore size (often as a molecule channel size) of the pore system of the conductive polymer.
Among the substituted educts, at least one compound is particularly preferably selected from benzimidazoles, 2-alkylthiophenols, 2-alkoxythiophenols, 2,5-dialkylthiophenols, 2,5-dialkoxythiophenols, 1-alkylpyrroles, in particular having 1 to 16 C atoms, 1-alkoxypyrroles, in particular - Particular with 1 to 16 carbon atoms, 3-alkylpyrroles, in particular with 1 to 16 carbon atoms, 3-alkoxypyrroles, in particular with 1 to 16 carbon atoms, 3,4-dialkylpyrroles, in particular with 1 to 16 carbon atoms, 3, 4-Dialkoxypyrrolen in particular with 1 to 16 C-atoms, 1, 3,4-Trialkylpyrrolen in particular with 1 to 16 C-atoms, 1, 3,4-Trialkoxypyrrolen in particular with 1 to 16 C-atoms, 1-Arylpyrrolen, 3 Arylpyrroles, 1-aryl-3-alkylpyrroles, in particular having 1 to 16 C atoms, 1-aryl-3-alkoxypyrroles, in particular having 1 to 16 C atoms, 1-aryl-3,4-dialkylpyrroles, in particular having 1 to 16 C atoms Atoms, 1-aryl-3,4-dialkoxypyrroles, in particular with 1 to 16 C atoms, 3-alkylthiophenes, in particular with 1 to 16 C atoms, 3-A Alkoxythiophenes, in particular having 1 to 16 C atoms, 3,4-dialkylthiophenes, in particular having 1 to 16 C atoms, 3,4-dialkoxythiophenes, in particular having 1 to 16 C atoms, Atoms, 3,4-ethylenedioxythiophenes and their derivatives. In this case, at least one compound can be selected based on pyrrole-1-ylalkylphosphonic acid, in particular having 1 to 16 C atoms, pyrrol-1-ylalkyl phosphoric acid, in particular having 1 to 16 C atoms, pyrrol-3-ylalkylphosphonic acid, in particular having 1 to 16 C atoms, pyrrol-3-ylalkylphosphoric acid, in particular having 1 to 16 C atoms, 5-alkyl-3,4-ethylenedioxythiophene, in particular having 1 to 12 C atoms, 5- (ω-phosphono) alkyl-3,4-ethylenedioxythiophene and their derivatives, in particular with 1 to 12 carbon atoms, which are prepared, used as the basis for the preparation of the depot substance or added to the composition. The number of C atoms can independently be 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 or / and 16.
See P29-38 for mobile anticorrosive anioins such as molybdate and benzoate etc.
THE REFERENCE AS ABOVE SET FORTH TEACHES A BARRIER LAYER AND A CORE SHELL CORROSION INHIBITOR LAYER COMPRISING THE MATERIALS AND PROPERTIES SET FORTH IN THE CLAIMS HAVING GIVEN THE CLAIMS THE BROADEST REASONABLE INTERPRETATION IN VIEW OF THE SPECIFICATION THEREBY ANTICIPATING SAME.
Claim(s) 2-4, 7, 13 and 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Paliwoda Probeska Grazyna Plieth Waldfired et al. CA 2 576 253 A1/ WO 2006/015756 A1 as applied to claims 1, 5-6, 8-12, 15, 17-20, and 21-22 above
Claims 2-3, 13 and 23-24
Regarding the limitations for thickness of the shell/core and particle size and content/ratio (ranges):
Paliwoda discloses the limitations above set forth.
The layer of the conductive polymer on the particle maybe varied within wide ranges. Thickness in the interior are the range of 1 to 200 nm. The inorganic particles may be thinner. Thicker layers are also conceivable and possible. The layer thickness for the shells depend on the reaction time the concentration of the educts and on the interfaces available between particles and liquid components for the educt mixture. (P38 L20-P39L14)(see also P39 L18-38)
Inorganic particles may be cores for coated particles (P45 L10 35 )
The total content of the particles with the polymer is in the range of 0.5 to 90 wt. % (P21 L1-5) The particles include 0.1 to 30 wt.% of the anti-corrosive anion (P21 L8-12) See also P21 L27-P22 L10) (overlapping the claimed range of particles of claim 2-3 and 23)
The composition comprises conductive polymer containing particles in a size range of 10 nm to 20 microns and the mean particle size is 10 nm to 20 microns (See claim 4 – overlapping the particle size of the instant claims)
There is a binder system of a polymer (P 22 L7-14) and an additive of 0.1 to 30 wt.% (P22 L14-20)
The binder includes polymers and at least one type of conductive polymer and additives (P22 l28-35)
Anticorrosive anions include molybdate, tungstate, titanium complex and mixtures of anions which may include silane, siloxane polysiloxane, and at least one complex titanate,(i.e. titanium dioxide of instant claim 19) molybdate (P29 L27-P30 L15)The composition comprises silica (See claim 14 of reference) (further meeting claim 19)
Organic particles may be used as core for core shell particles and the conductive polymer may be incorporated in the interior. The organic particles include those based on polyurethane (P41 L10-34)
Inorganic particles may be cores for coated particles such as titanate, and powdered mineral amorphous materials etc. (P45 L10-24)
The conductive coating of the particles may vary within wide limits depending on the thickness of the coating of ultra-thin thick or very thick. (P63 L25-30)
The composition comprises SiO.sub.2 powers (P25 L33-35)
A thin coating of the conductive polymer may be applied before the at least one composition according to the invention is applied (P8 L20-27) and is a first deposit directly of the metal surface aiding in repairing small defects and prevention of corrosion. Adhesion is resultant (P8 L30-P9 L10) (meeting the claims for multi-layer coating, meeting the claims for pretreating the metal substrate meeting the claims for a tie layer)
The metal to be coated may be pretreated with a pretreatment layer and a coating layer with the conductive polymer and may be painted or coated with polymers (P84 L17-P85 L3) (meeting the limitation for multi-layer and meeting the condition for a protective metal coating of claim 8 and meeting the condition of claim 21 for preparing the surface to improve adhesion)
See MPEP 2144.05(I): "In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976)"
Further Regarding the limitation for a tie layer, repeated layers and order of layers of claims 4, 7, and 24:
The binder system includes polymers of phenol, polyurethane etc. (P71 L10-34) and may contain a synthetic resin such as PVA (P73 L4-10)(meeting claim 9 and/or 11)(PVA is a known adhesive further meeting the limitations for a tie layer The binder coating includes primer, paint paint-like organic composition and adhesive mixtures (P68 L28-37)( i.e. a tie layer)
A thin coating of the conductive polymer may be applied before the at least one composition according to the invention is applied (P8 L20-27 i.e. a barrier layer) and is a first deposit directly on the metal surface aiding in repairing small defects and prevention of corrosion. Adhesion is resultant (P8 L30-P9 L10 i.e. a tie layer and preparing step for metal substrate as well as again meeting limitation for multi-layer)
The metal to be coated may be pretreated with a pre-treatment layer and a coating layer with the conductive polymer and may be painted or coated with polymers (P84 L17-P85 L3) (meeting the condition of claim 21 for preparing the surface to improve adhesion)
However, where the corrosion protection for this polymer is described, the corrosion protection does not work for less noble metallic surfaces without an existing passivation layer. In individual embodiments, at least one depot substance may also at least partially form a matrix in the composition, in particular near the metal / coating interface. The conductive polymers are commercially available. (P57 L18-30)
The metallic surface is cleaned pickled rinsed before treatment with at least one composition according to claim 1 or 2, is provided with a passivation layer, treatment layer, pre-treatment layer, a coating that contains conductive polymer. (See claim 22 of reference)
A thin coating of the conductive polymer may be applied before the at least one composition according to the invention is applied (P8 L20-27 i.e. a barrier layer)
The reference recites “at least” thereby encompassing multiple layers of the corrosion layer and the binder layer (i.e. barrier) as well as any pretreat layers thereby rendering obvious the limitations of claims 4 and 7 for at least two corrosion inhibitor layers and for a barrier layer below the corrosion inhibitor layer (see also claims 1-3 of reference) It would have been obvious to one of ordinary skill in the art to try to utilize the layers in alternating fashion as taught by the prior art in a repeated manner in various order as in the instant claims esp. where the prior art contemplates multiple layers and intervening layers. Etc. as above set forth. Further: "It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose.... [T]he idea of combining them flows logically from their having been individually taught in the prior art." In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980) (citations omitted) (Claims to a process of preparing a spray-dried detergent by mixing together two conventional spray-dried detergents were held to be prima facie obvious.). See also In re Crockett, 279 F.2d 274, 126 USPQ 186 (CCPA 1960) (Claims directed to a method and material for treating cast iron using a mixture comprising calcium carbide and magnesium oxide were held unpatentable over prior art disclosures that the aforementioned components individually promote the formation of a nodular structure in cast iron.); and Ex parte Quadranti, 25 USPQ2d 1071 (Bd. Pat. App. & Inter. 1992) (mixture of two known herbicides held prima facie obvious).
THE REFERENCE AS ABOVE SET FORTH TEACHES A BARRIER LAYER AND A CORE SHELL CORROSION INHIBITOR LAYER COMPRISING THE MATERIALS AND PROPERTIES SET FORTH IN THE CLAIMS.
Response to Arguments
Applicant's arguments filed 11/13/2025 have been fully considered but they are not persuasive.
Applicant argues the reference Waldfired does not teach a core with an anti corrosion and argues the conductive polymer which released anions of anti corrosion are not in the core and can only be released in response to an external stimuli. Applicant asserts said reference requires a potential change to release the corrosion inhibitor and argues this does not meet the claim limitations. This is not persuasive.
The claims require only that the shell be “configured to degrade in response to an external stimuli” but does not indicate any genus or species of said stimuli. As such the references teaches the particles configured to release the anticorrosion anions in response to external stimuli. In response to applicant's argument that the references fail to show certain features of the invention (response to external stimuli), it is noted that the features upon which applicant relies (i.e., are not recited in the rejected claim(s) as to the type of stimuli. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
The referenced as above set forth teaches materials for the shell which are those of the instant claims and thos as set forth in the instant specification (i.e. polymer for shell include polystyrene, polyurethane, urea) as well as inorganic shels of titanium dioxide, cerium dioxide mesoporous silica nano clay etc. [0020]
The reference expressly teaches the conductive polymer may be in the core as more fully above set forth as well as other internal organic and inorganic core materials meeting the claims. Various sections of the prior art having been previously cited along with additional sections in response to the amended claims. Excerpts of the prior art translation have been provided for convenience with emphasis added by the examer. For example:
Paliwoda Probeska Grazyna Plieth Waldfired et al. CA 2 576 253 A1/ WO 2006/015756 A1
The Conductive Polymer layer includes organic particles which may be a shell with a conductive polymer incorporated forming a coated core shell (P41 L8-21) of styrene, polyurethane (P41 L10-30) epoxide (P42 L14-18 and 30-35 P42 L35-P43L10) (meeting claim 18)
This is the type of material indicated as suitable for the shell in the instant specification at [0022] and is therefore capable of releasing by the shell and in response to degrading at least a portion of the corrosion inhibitor.
The conductive polymer is a shell layer for a substate coated with an electrically conductive coating (P1 L1-10) Anions added and incorporated into the structure of the conductive polymers can exert anti-corrosive action on metal surfaces (P 4 L22-28) (the corrosion inhibitor)
Each polymer is used with anti-corrosive mobile anions (P9 L14-17) Anions based on titanium may be incorporated (P9 L27-33) (meeting the limitation for particles comprise active material embedded in a carrier of claim 12) Anions containing silicic acids molybdenum acids titanium acids tungsten acids and their salts and esters and mixtures (P11 L15-25) and an oxidizing agent (P11 L25-30) (the core of 17 solid liquid gas etc.)
. Inorganic particles as cores for coated particles:
The inorganic particles preferably consist essentially of at least one inorganic substance, in particular substantially each of at least one boride, carbide, carbonate, cuprate, ferrate, fluoride, fluorosilicate, niobate, nitride, oxide, phosphate, phosphide, phosphosilicate, selenide, Silicate, aluminous silicate, sulphate, sulphide, telluride, titanate, zirconate, of at least one kind of carbon, of at least one rock flour, of at least one powder of glass, frit, glassy material, amorphous material and / or composite material, of at least an alloy and / or at least one metal - as far as the alloy and / or the metal does not already corrode during the production of the conductive polymer and does not form a local element - or / and their mixed crystals, their adhesions or / and their mixtures.
These organic components such as phosphate, phosposilicate etc. meet the limitation for a corrosion inhibitor core
The inorganic particles can essentially consist of at least one substance, in particular substantially in each case at least one alkaline earth carbonate, alkaline earth titanate, alkaline earth zirconate, SiO 2 , silicate, such as, for example, aluminum-containing silicate, mica, clay mineral, zeolite, sparingly soluble sulfate, such as barium sulfate or Calcium sulphate hydrate, from flakes, for example based on SiO 2 or / and silicate (s), of oxide (s) containing aluminum, iron, calcium, copper, magnesium, titanium, zinc, tin or / and zirconium stand.
These inorganic components such as silicate/SiO.sub.2 , zinc, etc. meet the limitation for a corrosion inhibitor core
Particularly fine-grained particles can be produced, for example, via a sol and / or a gel such as, for example, a silica sol. The advantage of coating a sol lies in the high mobility of the components despite their high concentrations. Such particles often have an average particle size in the range from 10 to 120 nm. Due to the fine granularity of the particles formed in this case, a particularly uniform distribution of the conductive polymers results, in particular with thin coating with a shell. Optionally, during the preparation of such inorganic particles, too, the conductive polymer may be partially, substantially or completely incorporated in the interior of these particles, whereby such particles are also referred to herein as "coated particles" and as core-shell particles in the sense of this application.
2.) Particles which contain conductive polymer at least partly inside or even inside, which are often organic particles which have often been produced together with the conductive polymer.
Preference is given to adding to the mixture educt (s) for preparing the conductive polymer in which at least one educt has a looser molecular structure and / or in which at least one of the conductive polymers formed has a looser molecular structure, in particular such that this leads to a larger average pore size (often as a molecule channel size) of the pore system of the conductive polymer.
Among the substituted educts, at least one compound is particularly preferably selected from benzimidazoles, 2-alkylthiophenols, 2-alkoxythiophenols, 2,5-dialkylthiophenols, 2,5-dialkoxythiophenols, 1-alkylpyrroles, in particular having 1 to 16 C atoms, 1-alkoxypyrroles, in particular - Particular with 1 to 16 carbon atoms, 3-alkylpyrroles, in particular with 1 to 16 carbon atoms, 3-alkoxypyrroles, in particular with 1 to 16 carbon atoms, 3,4-dialkylpyrroles, in particular with 1 to 16 carbon atoms, 3, 4-Dialkoxypyrrolen in particular with 1 to 16 C-atoms, 1, 3,4-Trialkylpyrrolen in particular with 1 to 16 C-atoms, 1, 3,4-Trialkoxypyrrolen in particular with 1 to 16 C-atoms, 1-Arylpyrrolen, 3 Arylpyrroles, 1-aryl-3-alkylpyrroles, in particular having 1 to 16 C atoms, 1-aryl-3-alkoxypyrroles, in particular having 1 to 16 C atoms, 1-aryl-3,4-dialkylpyrroles, in particular having 1 to 16 C atoms Atoms, 1-aryl-3,4-dialkoxypyrroles, in particular with 1 to 16 C atoms, 3-alkylthiophenes, in particular with 1 to 16 C atoms, 3-A Alkoxythiophenes, in particular having 1 to 16 C atoms, 3,4-dialkylthiophenes, in particular having 1 to 16 C atoms, 3,4-dialkoxythiophenes, in particular having 1 to 16 C atoms, Atoms, 3,4-ethylenedioxythiophenes and their derivatives. In this case, at least one compound can be selected based on pyrrole-1-ylalkylphosphonic acid, in particular having 1 to 16 C atoms, pyrrol-1-ylalkyl phosphoric acid, in particular having 1 to 16 C atoms, pyrrol-3-ylalkylphosphonic acid, in particular having 1 to 16 C atoms, pyrrol-3-ylalkylphosphoric acid, in particular having 1 to 16 C atoms, 5-alkyl-3,4-ethylenedioxythiophene, in particular having 1 to 12 C atoms, 5- (ω-phosphono) alkyl-3,4-ethylenedioxythiophene and their derivatives, in particular with 1 to 12 carbon atoms, which are prepared, used as the basis for the preparation of the depot substance or added to the composition.
The remarks in conjunction with the amendments do not overcome the above rejections.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892 accompanying this office action as well as previous office actions.
HSU (US 2017/0073610) discloses encapsulation of chemicals solids and gases in a shell. The capsules may be made from many materials including polymers and will have diameters in ranges including nanometers and may be irregular shapes such as when crystalline solids are encapsulated. The capsulate can be embedded in the shell matrix [0003] Capsules can be formed with tougher and more chemical resistant be controlling the shell polymeric structure, shell wall thickness, porosity, the shell may have reinforcing nanoparticles of multi-layer polymeric shells [0010]
KR 101440165B1 (2014) teaches core shell nano particles the core includes a polymer and the shell a metal oxide (Abstract)
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE
MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/PAMELA H WEISS/Primary Patent Examiner, Art Unit 1732