DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/3/2023 has been considered by the examiner.
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 7-26 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 7 and 17 recite “wherein each of the capsules comprises a material that is breakable upon exposure form the base” It is unclear what constitutes exposure from the base. For purposes of examination this limitation is interpreted to mean the capsule is “capable” of being broken. It is unclear what applicant means by “exposure” No chemical materials are claimed. Any material exposed do water heat gases will eventually over time deteriorate (i.e. break). The below cited prior art teaches the capsules being broken and releasing the contents; the examiner takes the position these teachings meet the claimed limitation as interpretated having afforded the broadest reasonable interpretation in view of the specification. Applicant may wish to claim the materials if support is found in the original filing and better narrow the conditions of exposure if support is found in the original filing.
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.
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) 7-9, 11, 13, 15, 17-19, 21, 23 and 25 is/are rejected under 35 U.S.C. 102(a)(1)(2) as being anticipated by Yang et al (US 2020/0115568)
Regarding 7-9, 11, 13, 15, 17-19, 21, 23 and 25
Yang et al (US 2020/0115568) discloses a microcapsule with a shell a self healing coated on a metal substrate [0007] The capsules encapsulate a liquid comprising a diisocyanate for use in self healing and self lubricating coatings [0033] the capsules are well dispersed microcapsules [0033]
The capsules are dispersed in coating used for metals and are self-healing coatings for corrosion and scratches [0041]
Coatings are prepared by dispersing uniformly the microcapsules in epoxy resin [0051] The metal substrate is provided a polymeric resin is provided a multipolicy of microcapsules ae provided and combined with the resin and then coated onto the substrate and cured to form a self-healing coating with a multiplicity of microcapsules (See claims 9-10 reference) (meeting claims 7 and 17 et seq.)
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Yang teaches the limitations of claims 7-9 and 11, 13, and 15 by teaching a metal substrate with a layer comprising multiple microcapsules in which a liquid is encapsulated said layer is on top of the metal substrate making the capsules disposed on a surface of the base where the repair layer is exposed due o recession of base and at a depth from surface on which the structure is exposed to the outside air The repair layer is parallel to the initial surface (see Fig 10D) The capsules are capable of being breakable for release of the liquid upon exposure from the base.
. While the examiner has rejected under section 112 the language for breakable upon exposure from the base, the reference teaches an encapsulated liquid on a metal base in a layer and the capsule is taught to be breakable. The drawings depict the exposure to air. As such the examiner maintains the disclosures of the reference meets the limitation.
Claim(s) 10, 14, 20 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al (US 2020/0115568) as applied to claims 7-9, 11, 13, 15, 17-19, 21, 23 and 25 above alternatively further in view of CN 102963060A (excerpts taken from machine translation for convenience of applicant)
Regarding Claims 10, 14, 20 and 24:
Yang discloses the limitations above set forth. While Yang does not expressly disclose multiple layers of the self repair coating, multiple layers are known by those in the art at the time of filing the invention and would be obvious to try. See MPEP 2144.04 B. Duplication of Parts In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) …Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.).
Notwithstanding same, assuming it is not obvious to use multiple layers based on the teachings of Yang:
CN 102963060A discloses a coating layer steel plate with a self-repair function and color. The steel is coated with first protective self-repair layer and then again with another self-repair layer etc. (Abstract)
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1 is the substrate steel sheet. There is a coat (2) of a surface comprising successive coatings of layers protective reconditions protective etc. (See claim 1 reference)
The layer includes a capsule with liquid state epoxy resin and catalyst with a capsule wall and core in the wall where the core is a liquid (See claim 3-4)
Method of coating:
C) apply the first protective layer and baking, to by step B) waiting of obtaining be coated with first protective layer 22 of surface take the roll coating model coating thickness as 10 μ m of the conversion coating 21 of the first protective layer steel plate, the first protective layer 22 is lacquer coat, after applying the first protective layer 22 steel plate being introduced oven toasts, baking temperature is 200 ℃, and the steel plate gait of march is 60m/min, goes out to introduce the water tank cooling behind the oven, water tank obtains reconditioning layer steel plate to be coated with by hot-air seasoning;
D) apply reconditioning layer 23, to by step C) reconditioning layer 23 of surface take the roll coating model coating thickness as 30 μ m of the first protective layer 22 of the reconditioning layer steel plate to be coated with that obtains, after applying reconditioning layer 23 steel plate being introduced oven toasts, baking temperature is 215 ℃, steel plate introduction speed is 60m/min, introduce the water tank cooling after going out oven, water tank is by hot-air seasoning, obtain waiting to be coated with the second protective layer steel plate, reconditioning layer 23 described in this step is made of the raw material of following parts by weight: 70 parts of acrylic resins, contain 1 part of 5 parts of the capsules of liquid-state epoxy resin and 2-ethyl imidazol(e), these raw materials are fully stirred evenly rear material as reconditioning layer 23, the aforesaid capsule that contains liquid-state epoxy resin is made of capsule wall (also can claim the capsule rete) and the core that is positioned at capsule wall, in the present embodiment, core (also can claim capsule-core or nuclear) is bisphenol A type epoxy resin, and the material of capsule wall is Lauxite, the average diameter of capsule is 28 μ m, core is that the weight ratio of capsule-core and capsule wall is 1:1, and the thickness of capsule wall is 10 μ m;
E) applying the second protective layer, to by step D) waiting of obtaining be coated with second protective layer 24 of surface take the roll coating model coating thickness as 20 μ m of the reconditioning layer 23 of the second protective layer steel plate, obtains the post processing steel plate;
It would have been obvious to one of ordinary skill in the art at the time of filing the invention to use multiple repair and protection layers in Yang as taught by CN 102963060A to afford greater protection to the substrate of Yang.
Claim(s) 12, 16, 22 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al (US 2020/0115568) as applied to claims 7-9, 11, 13, 15, 17-19, 21, 23 and 25 above alternatively further in view of JP 2002506112A (excerpts taken from machine translation for convenience of applicant)
Regarding Claims 12, 16, 22 and 26:
Yang discloses the limitations above set forth. Yang does not expressly disclose he use of a colorant in the repair agent; however,
JP 2002506112A discloses a latent coating for metal surface restoration comprising the coating is applied over metal surfaces and contain fragile microcapsule that burst and release liquid (Abstract)
JP 2002506112A teaches: [0017] 1. The term "microcapsule" refers to a miniature container containing a fragile wall material that encloses the contents of the microcapsule until sufficient force is applied to break and degrade the wall material. The term may be abbreviated as "capsule" and has the same meaning.
JP 2002506112A discloses a latent coating for metal surface restoration (meeting the limitations for a structure member comprising a base comprising metal material) comprising corrosion resistant coating compositions applied over metal surfaces containing fragile microcapsules that burst and release liquid when subjected to impact or other stress likely to damage the coating. (meeting the limitation for a repair layer disposed in the base of a plurality of capsules dispersed on a same lane each having material that is breakable upon exposure from the base and a liquid repairing agent is inside) The liquid contains a film forming component that covers the damaged area of the coating and a corrosion inhibitor for the metal surface (Abstract)((meeting limitation for repair)
JP 2002506112A teaches
A corrosion-resistant coating composition comprising: a) a film-forming binder; and b) a plurality of microcapsules containing a latent repair solution containing a film-forming component and a corrosion inhibitor mixed with the binder. (meeting the limitation for a plurality of capsules) (claim 1 reference)
film-forming latent anticorrosive liquid composition contained in rupturable microcapsules. In combination with a film-forming binder, the microcapsules provide a thin corrosion-resistant coating on the metal surface. The protective liquid composition contained in the microcapsules provides metallic corrosion protection in close proximity to the damage site caused by abuse of the protective coating.[0009]
JP 2002506112A teaches: For example, if it is desirable to contain components released within a fast time frame and / or to release by a controlled time, porous capsules or capsules with orifices in the wall also provide latent repair capability. (i.e. exposed to air)
The free-flowing powder coatings of the present invention provide improved metal protection using a self-healing composition located within 200 μm of the metal surface.
(Reference Claim 5). The anticorrosion coating composition according to claim 1, wherein the first and second plurality of microcapsules are substantially uniformly dispersed throughout the binder.
(meeting the limitation for the same plane and for exposed due to recession of the base and for depth from initial surface on which the structure member is exposed to outside air and depth different from initial surface on which structure is exposed to outside air and parallel to surface on which structure exposed to outside air)) Microencapsulated protective components include rust-inhibiting chemicals, film-forming components, and marker dyes for visual confirmation of coating abuse or rupture. (meeting claim 12 for color different from the color of the base)
SUMMARY OF THE INVENTION The present invention provides a coating suitable for metal structures, including pipes, bars, rods, (meeting the limitation for a base comprising metal material) as well as corrosive materials and other related components that require environmental protection. . A salient feature of the present invention is the presence of a latent protective material that acts on impact or similar damaging forces to repair the coating where the underlying metal may be exposed. (meeting the limitation for breakable upon exposure form the base)
In particular, the anti-corrosion coating of the present invention comprises a plurality of microcapsules containing a liquid system comprising a corrosion inhibitor, a film-forming substance and optionally a marker dye in addition to a film-forming binder
Represents the most preferred film-forming binder.
Useful encapsulating materials for repair include film-forming components, corrosion inhibitors, and optionally marker dyes. Corrosion inhibitors suitable for encapsulation, alone or in combination with film-forming components and / or marker dye There may be multiple layers such as two
(Reference claim 7) 7. The microcapsule according to claim 1, wherein the diameter of the microcapsule is smaller than 75 μm.
(Reference Claim 8) 8. The corrosion-resistant coating composition according to claim 1, wherein the coating thickness is 0.1 mm to 0.75 mm.
It would have been obvious to one of ordinary skill in the art at the time of filing the invention to use the colorant of JP 2002506112A in the microcapsules of Yang for visual confirmation of coating repair, abuse and rupture locations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAMELA HL WEISS whose telephone number is (571)270-7057. The examiner can normally be reached M-Thur 830 am-700 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Coris Fung can be reached at (571) 270-5713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAMELA H WEISS/Primary Patent Examiner, Art Unit 1732