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 .
Response to Amendment and Arguments
The amendment dated 10/28/2025 has been considered and entered into the record. New claim 12 has been added. Independent claim 1, from which all other claims depend, has been amended to require organic-inorganic hybrid infrared absorbing particles having a diameter of 50–500 nm, wherein the particles are prepared by mini-emulsion polymerization. This new limitation overcomes the previous prior art rejections based on Tsunematsu for the reasons set forth in Applicant’ remarks dated 10/28/2025. Accordingly, these rejections are hereby withdrawn. Claims 1–12 are examined below.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
(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.
Claim(s) 1–4 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsunematsu (WO 2020/129919 A1).
Tsunematsu discloses an organic-inorganic hybrid infrared absorbing particle having a preferred diameter in the range of 50–500 nm and prepared by mini-emulsion polymerization. Tsunematsu abstract, Description of Embodiments. The infrared absorbing particles may be incorporated into fibers, thereby making the fibers infrared absorbent. Id. Description of Embodiments. The Examiner takes the position that the infrared absorbing particles are necessarily located in one or more parts selected from an interior of the fiber and a surface of the fiber because those are the only two locations possible for particle to be located if incorporated into a fiber as taught in Tsunematsu. See id. Each of the infrared absorbing particles include an infrared absorbing particle and a coating resin. Id.
The coating resin may be selected from polyester resin, polycarbonate resin, and acrylic resin. Id. Furthermore, the coating resin may be photocured via irradiation with any one of ultraviolet rays, visible rays, and infrared rays. Id. The infrared absorbing particles may include one or more oxides including tungsten oxide, wherein the ratio of oxygen to tungsten is within the claimed range and composite tungsten oxide of the claimed composition. Id.
Claim Rejections - 35 USC § 103
Claim(s) 5–10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Tsunematsu as applied to claim 1 above, and further in view of Tsunematsu (WO 2019/054476 A1), “Tsunematsu II.”
Tsunematsu teaches the incorporation of infrared absorbing particles into fibers, but fails to teach that fiber is selected from a synthetic, semisynthetic, natural, reclaimed, and inorganic fibers.
Tsunematsu II teaches a fiber and fiber product which absorbs infrared rays comprising tungsten oxide particles, wherein the particles are located in the body of and/or the surface of the fiber. Tsunematsu II abstract. The fibers used in the disclosed invention may include synthetic fibers, such as polyamide fibers; semisynthetic fibers, such as cellulose fibers; natural fibers, such as vegetable fibers; reclaimed fibers, such as protein fiber; and inorganic carbon fibers. Id.
The rationale to support a conclusion that the claim would have been obvious is that "a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely that product [was] not of innovation but of ordinary skill and common sense. In that instance the fact that a combination was obvious to try might show that it was obvious under § 103." KSR International Co. v. Teleflex Inc., 550 U.S. 398, 421 (2007). It would have been obvious to one of ordinary skill in the art to have looked to Tsunematsu for guidance in selecting a particular type of fiber in order to successfully practice the invention of Tsunematsu directed to a fiber comprising infrared absorbing particles.
Claim 12 is rejected as it would have been obvious to the ordinarily skilled artisan to have covered the entire surface of the infrared absorbing particles with coating resin. The motivation for doing so is provided in the primary reference that teaches that it is preferable that the coating resin is “uniformly arranged on the surface of the infrared absorbing particles” because coating the entire surface results in a uniform arrangement of the resin on the surface of the particle. Tsunematsu Description of Embodiments.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW D MATZEK whose telephone number is (571)272-5732. The examiner can normally be reached M-F 9:30-6.
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/MATTHEW D MATZEK/Primary Examiner, Art Unit 1786