CTNF 18/534,331 CTNF 102071 Notice of Pre-AIA or AIA Status 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. Claim Rejections - 35 USC § 102 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) 1-6 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Fukushi et al. (WO 2014141694 A1) (references are made to the English language translation) . Regarding claim 1, Fukushi et al. teaches a photocatalyst comprising of tungsten oxide particles in the range to 45 to 100% by mass (paragraph [0011]), metal elements including copper (paragraph [0014]), and a photocatalyst dispersion is taught by mixing the tungsten oxide particles with an aqueous dispersion medium with the photocatalyst tungsten oxide particles concentration in the range of 0.001 to 50% by mass (paragraph [0030] and [0053]). Since Fukushi et. al teaches the same composition in the same amount as the instant claims, it is the position of the examiner that the color required by claim 1 would inherently be the same. When the examiner has reason to believe that the functional language asserted to be critical for establishing novelty in claimed subject matter may in fact be inherent characteristic of the prior art, the burden of proof is shifted to Applicants to prove that the subject matter shown in the prior art does not possess the characteristics relied upon. In re Fitzgerald et al. 205 USPQ 594 . As to claim 2, Fukushi et al. teaches that the copper metal element is preferred in a range of 0.005 to 10% by mass (paragraph [0013]), which would meet the instantly claimed range of 20 ppm or more. The amounts of copper and tungsten oxide taught by the WO reference would yield weight ratios (B/A) of the copper compound (B) relative to the photocatalyst particle (A) ranging from 22/100 to 0.005/100. As to claim 3, Fukushi et al. teaches the same composition, i.e. tungsten oxide and copper particles in an aqueous dispersion, in the same amounts required by the instant claims, it is the position of the examiner that the turbidity required by claim 3 would inherently be the same. When the examiner has reason to believe that the functional language asserted to be critical for establishing novelty in claimed subject matter may in fact be inherent characteristic of the prior art, the burden of proof is shifted to Applicants to prove that the subject matter shown in the prior art does not possess the characteristics relied upon. In re Fitzgerald et al. 205 USPQ 594 . As to claim 4, Fukushi et al. teaches an aqueous dispersion medium which further may contain alcohol in addition to water, considered to meet the claimed nonionic dispersant ([0057]). As to claim 5, Fukushi et al. teaches metal elements including, copper preferred in a range of 0.005 to 10% by mass (paragraph [0013]), and a photocatalyst dispersion is taught by mixing the tungsten oxide particles with an aqueous dispersion medium (paragraph [0030]). The dispersion is prepared by dispersing the tungsten compound powder in a dispersion medium, and the powder range is preferably in the range of 40-80% mass (paragraph [043]). The amounts taught by the WO reference would yield a weight ratio (D/C) of dispersant (D) relative to copper atom (C) in the range of 200/100 to 1,200,000:100, and a weight ratio (D/A) of dispersant (D) to photocatalyst particle (A) in the range of 25/100 to 150/100. As to claim 6, Fukushi et al. teaches a photocatalyst dispersion liquid comprising of a dispersion medium and a photocatalyst body dispersed in a medium in a range of 0.001 to 50% by mass (paragraph [0052]) which would meet the instantly claimed range of 0.1 to 1.5 wt% . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nakano et al. (WO 2009110234 A1) discloses analogous aqueous dispersion of tungsten oxide with copper. Sogabe et al. (US 20120302429 A1) discloses analogous dispersion of tungsten photocatalyst particles supported by a noble metal, including copper . Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANNAH KETCHAM whose telephone number is (571)270-0742. The examiner can normally be reached Monday-Friday 8am-5pm. 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, Christina Johnson can be reached at (571) 272-1176. 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. /H.E.K./Examiner, Art Unit 1742 /CHRISTINA A JOHNSON/ Supervisory Patent Examiner, Art Unit 1742 Application/Control Number: 18/534,331 Page 2 Art Unit: 1742 Application/Control Number: 18/534,331 Page 3 Art Unit: 1742 Application/Control Number: 18/534,331 Page 4 Art Unit: 1742 Application/Control Number: 18/534,331 Page 5 Art Unit: 1742
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