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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/8/24 and 10/10/25 were filed in a timely manner. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 –
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.
Claim(s) 1, 4-7 and 9 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Nakane (JP 2000-302616 A hereafter Nakane).
Nakane discloses an antibacterial molded resin material comprising an antibacterial such as a nitrogen containing heterocyclic compound such as a 1,2,4 triazole, a metal component such as zinc and a silver components [abstract, claims]. The nitrogen-heterocyclic compound is present about 0.2-30 wt %, while the silver is present about 0.05-10 wt % (0010). The formulation comprises a combination of zinc oxide and silver and a zinc oxide not covered by silver which would act as a separate biocide [claims). These disclosures render the claims anticipated.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combined disclosures of Nakane (JP 2000-302616 A hereafter Nanake) in view of Dong et al (US 8,858,9526 B2 hereafter Dong).
As discussed above, Nakane discloses a harmful organism composition comprising a nitrogen-heterocyclic compound, a metallic components and a silver components, present in a molded resin. The reference discloses the nitrogen heterocycle of instant claims 1 and 4; the metallic compounds of claims 1, 5 and 6. The reference, while disclosing a molded resin is silent to a specific paint embodiment. The formation of an antibacterial or fungal pain material comprising similar component as Nakane is known in the art as seen in the Dong patent.
Dong discloses an antibacterial emulsion and coating formulation comprising a heterocyclic components and a metallic comprising [abstract]. The heterocyclic compound contains nitrogen and can be a 1,2,4 triazole and benzothiazole compounds (col. 4, lin. 45-60). The metal compounds include metals such as copper, zinc and silver, where the heterocyclic compound to the silver is present in a ratio from 4:1 to 1:4 (col. 5, lin. 1-10). The formulation is present as a coating or pain product for a plurality of materials (col. 8, lin. 9-29). The formulation further comprises resin polymers (col. 5, lin. 15-52). It would have been obvious to apply the formulations of Dong to the formulation Nakane as they solve the same problem.
With these aspects in mind it would have been obvious to combine the prior art in order to produce a stable solid antibacterial formulation. It would have been obvious to produce a solid molded resin, or form a coating material as seen in the Nakane or Dong as they comprises the same components for the same purpose and solve the same problems. One of ordinary skill in the art would have been motivated to combine the prior art with an expected result of a stable means of controlling harmful organisms.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICAH PAUL YOUNG whose telephone number is (571)272-0608. The examiner can normally be reached Monday through Friday, 9:00 am to 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Hartley can be reached at 5712720616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICAH PAUL YOUNG/Primary Examiner, Art Unit 1618
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