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 .
Claim Objections
Claim 8 is objected to because of the following informalities:
It appears “and a colorant (B)” should be “or a colorant (B).”
Appropriate correction is required.
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 (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 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 1-5 and 7-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hayes et al. (US 2008/0302461 A1) as evidenced by Anghelone et al. (“Identification of copper phthalocyanine blue polymorphs …,” Spectrochimica Acta Part A: Molecular and Biomolecular Spectroscopy 149 (2015) 419–425).
As to claims 1 and 2, Hayes et al. discloses an interlayer containing a pigment such as PR202, PR122, PV19, and PR209, preferably PR209 or PR202. See the title and paragraph [0075]. “A reference that clearly names the claimed species anticipates the claim no matter how many other species are named.” MPEP 2131.02 II. In the alternative, Hayes et al. exemplifies SUNFAST Magenta 228-1215 (i.e., PR202) in Example 3. See paragraphs [0075] and [0141]. An exemplified species anticipates a genus. See MPEP 2131.02 I, and 2131.03 I.
Each of the pigments cited in the previous paragraph inherently has a formula in accordance with formula (1) as disclosed in paragraph [0021] and [0138] of the originally filed instant specification. The pigment has a particle size of between 10 and 100 nm. See paragraph [0023]. If all of the particles are between 10 and 100 nm, then the D50 and D90 will be necessarily be between 10 and 100 nm, and the particle size limitations of instant claims 1-4 are anticipated by Hayes et al.
The properties recited in claims 5 and 10 are presumed to be inherent to the interlayer of Hayes et al. because the interlayer has the same colorants as recited in claims 1-2.
As to claim 7, Example 11 is formed from a glass layer/the colored interlayer of Example 6/glass layer. See paragraph [0155]. The interlayer of Example 6 is formed from the interlayer composition of Example 5, and Example 5 employs the composition of Example 4. Example 4 employs the color concentrates of Examples 1-3. See paragraph [0139]-[0145]. The color concentrate in Example 3 is PR 202 (i.e., colorant of (R) of formula (1)). See paragraphs [0075] and [0141]. Thus, Example 11 is a glass/interlayer/glass laminate in which the interlayer comprises a colorant (R) of formula (1). Example 11 has a haze of 2.5% and a luminous transmittance L* of 66.04, which fall within the claim 7 ranges.
As to claim 8, Hayes et al. exemplifies an interlayer containing ENDUROPHTHAL Blue GF BT617D (i.e., colorant (B)) in mixture with PR202 (a pigment of formula (R)). See examples 1-4 and paragraph [0075]. ENDUROPHTHAL Blue GF BT617D is PB 15:4. See paragraph [0075]. PB15:4 is copper phthalocyanine and is a close structural variant of PB 15:1 and PB 15:3. See the abstract and Tables 1 of Anghelone et al. The instant specification describes PB15-1 and PB15-3, specifically, and phthalocyanine, in general, as having a local absorption peak between 590 nm and 730 nm. See paragraphs [0031] and [0035] of the instant, as-filed specification. For these reasons, PB 15:4 as disclosed by Hayes et al. is presumed to inherently have a local absorption maximum between 590 nm and 730 nm.
As to claim 9, Hayes et al. discloses the colorant may further comprise carbon black in Examples 1-4, paragraph [0139]-[0142].
As to claims 11-13, Hayes et al. exemplifies PR202 which is chlorinated quinacridone pigment such that two of R11 to R20 are chlorine. See Example 3, paragraphs [0075] and [0141] of Hayes et al. and paragraph [0021] of the instant specification.
As to claim 14, Hayes et al. discloses employing the interlayer between two glass plates in paragraphs [0003]; [0033]; [0099] and [0122].
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hayes et al. (US 2008/0302461 A1).
Hayes et al. anticipates claim 1 for the reasons recited above. Hayes et al. fails to disclose an anticipatory example or general ranges having a L* of at least 85 and a haze of less than 1.2%.
However, Hayes et al. discloses the laminates may have a transmittance from 20 to 100% (paragraph [0024]), which one of ordinary skill in the art would understand to correspond to an L* of roughly 20 to 100%. Transmittance is similar to L* and the values are closely correlated. See paragraph [0162] of Hayes et al. which exemplifies a transmittance of 87.5% and an L* of 93.43. Thus, Hayes et al. teaches overlapping ranges of L* and overlapping ranges have been held to establish prima facie obviousness. See MPEP 2144.05.
Hayes et al. discloses the inventive laminates have a low haze. See paragraph [0060]. Hayes et al. fails to disclose a haze of less than 1.2%. Claim 6 does not describe the thickness of the laminate. Moreover, one of ordinary skill in the art recognizes that the amount of colorant and thickness of each layer have a large impact on the haze of the resultant laminate.
It would have been obvious to one of ordinary skill in the art to have lessened the amount of colorant taught by Hayes et al., and the make the laminate of Hayes thinner in order to lower the resultant haze of the laminate. The rationale for doing so is employing a known technique (i.e., thinning a laminate and decreasing colorants) to a known article (the laminate of Hayes et al.) to achieve predictable results (a lower haze). See MPEP 2143 I.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Phillips et al. (US 5,487,939) discloses a colored interlayer containing dichloro quinacridone. See the title and Examples 7-9. Garrett et al. (US 2002/0182422 A1) discloses an interlayer including pigment red 209. See paragraph [0166].
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/David Sample/Primary Examiner, Art Unit 1784