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 .
DETAILED ACTION
Election/Restrictions
Applicant’s election of Group I, claims 12-17, in the reply filed on 08/03/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse and made final (MPEP § 818.03(a)). Claims 18-23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Claims 12-17 are currently under examination on the merits.
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.
Claim 12 is 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 pre-AIA the applicant regards as the invention.
Claim 12 is rejected as being vague and indefinite when this claim recites "preferably…” to further limit a range or a species, which renders more than one range in the same claim. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) is considered indefinite, since the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c).
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 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.
Claims 12-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yuan et al (CN 104698779A, of record, ‘779 hereafter).
Regarding claims 12-17, ‘779 discloses a polymer composition comprising 100 parts by weight of a polymer powder, 0.1-1.5 parts by weight of small nanoparticle silicon dioxide as particle A having particle size in a range of 7 to 20 nm; and 0.5 to 2.0 parts by weight of large silicon dioxide nanoparticle as nanoparticle B having particle size in a range of 50 to 200 nm; wherein the mass ratio can be 1.5: 1 and 4:1 as in Examples 3 and Comparative example 1), satisfying present claims 12-15 ([0006]-[0012], Examples ). ’779 also discloses that the polymer powder comprises a thermoplastic polymer being acrylic resin and has a particle size 8 to 12 microns ([0009], 0025], [0026]).
Claims 12 and 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki et al (US 2019/0278191, ‘191 hereafter).
Regarding claims 12 and 14-17, ‘191 discloses a polymer composition comprising 100 parts by weight of a polymer powder (Examples), 1 to 2,5 parts by weight of small nanoparticle silicon dioxide as particle A having particle size in a range of 30 to 70 nm ([0021], [0027], B1- B3, [0130]-[0133], Table 2); and 0.08 to 0.2 parts by weight of large silicon dioxide nanoparticle as nanoparticle B having particle size in a range of 150 to 200 nm ([0021], [0028], A1 to A4, [0123], [0129], Example 9, Table 2); wherein the mass ratio can be 6.7:1 as in Example 9 (Table 2), satisfying present claims 12 and 14-15.’191 also discloses that the polymer powder comprises a thermoplastic polymer such as polystyrene, polyolefin, or/and acrylic resin ([0038]) and has a particle size can be around 6 microns ([0139]).
Relevant Prior Art
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Zhang et al (US 2010/0150513). Zhang discloses an optical film formed from a polymer composition comprising polymer resin, and silica nanoparticles with small size around 5 nm and large size around 100 to 500 nm ([0036]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUIYUN ZHANG whose telephone number is (571)270-7934. The examiner can normally be reached on 8:00-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arron Austin can be reached on 571-272-8935. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RUIYUN ZHANG/Primary Examiner, Art Unit 1782
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