Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined pursuant to the first inventor to file provisions of the AIA .
DETAILED ACTION
Status of the Claims
Applicants filed claims 1 – 35 with the instant application on 27 March 2024. Currently, claims 1 – 35 are available for substantive examination.
Information Disclosure Statement
The Examiner has considered the Information Disclosure Statement (IDS) filed 16 July 2024, which is now of record in the file.
Rejections Pursuant to 35 U.S.C. § 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.
Claims 13, 30, and 20 are rejected pursuant to 35 U.S.C. § 112(b) 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.
With respect to claims 13 and 30, the claims recite limitations directed to the antimicrobial copper suboxide layer including a plurality of crystalline columns “extending from the substrate.” The Examiner would first note that, consistent with the claims and Applicants’ specification, the copper suboxide layer is applied over the adhesion layer, which layer is applied over the substrate (cf. claims 1, 20). Given this, it is the Examiner’s position that, grammatically and logically, the limitations in question should be worded as “extending from the copper suboxide layer,” given that the claims in question recite that “the antimicrobial copper suboxide layer includes a plurality of crystalline columns.” Furthermore, given the spatial arrangement of the substrate, adhesion, and copper suboxide layers, one of ordinary skill in the art would be uncertain as to how crystalline columns in the copper suboxide layer (cf. “including”) could extend to the substrate without taking into consideration the presence of the adhesion layer between the substrate and the copper suboxide layer.
With respect to claim 20, the claim recites a limitation directed to the copper suboxide layer being “substantially free of other metals other than copper.” The term “substantially” is a relative, or subjective, term that renders the claim indefinite. The term “substantially” is not defined by the claim and the specification does not provide a standard for ascertaining the requisite degree, with the result that one of ordinary skill in the art would not be reasonably apprised of the scope of the invention because they would be uncertain as to whether how many metal atoms other than copper can be within the antimicrobial copper suboxide layer.
Rejections Pursuant to 35 U.S.C. § 103
The following is a quotation of 35 U.S.C. § 103 that 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 absent any evidence to the contrary. Applicants are advised of the obligation pursuant to 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.
Claims 1 – 14 and 16 - 35 are rejected pursuant to 35 U.S.C. § 103, as being obvious over US 2021/0352907 A1 to Sullivan, et al., published 18 November 2021 (“Sullivan ‘907”), in view of US 2022/0235232 A1 to Zhang, B. and M. Galvers, published 28 July 2022 from an application claiming priority to 8 September 2020, identified on the Information Disclosure Statement (IDS) filed16 July 2024, cite no. 1 (USPATAPP) (“Zhang ‘232”).
The Invention As Claimed
Applicants claim a coated article comprising a substrate, at least one adhesion layer disposed over the substrate, the at least one adhesion layer including a copper oxide, a zirconium oxide, or combinations thereof, and an antimicrobial copper suboxide layer disposed over the at least one adhesion layer, wherein the antimicrobial copper suboxide layer is at least 5 times thicker than the at least one adhesion layer, wherein the combination of the adhesion layer and the antimicrobial copper suboxide layer are substantially free of metals other than copper, wherein the antimicrobial copper suboxide layer includes a compound having formula CuzO where z is from 2.2 to 1.1, wherein the antimicrobial copper suboxide layer includes cuprous oxide (z = 2), wherein the at least one adhesion layer includes a compound having formula CuxO where x is from 2.2 to 0.6, wherein the at least one adhesion layer includes a compound having formula ZryO2 where y is from 3 to 0.6, wherein the antimicrobial copper suboxide layer has a uniform stoichiometry to within 20 mol% throughout the antimicrobial copper suboxide layer, wherein the copper atom percent in the antimicrobial copper suboxide layer decreases at increasing distances from the substrate, wherein the antimicrobial copper suboxide layer has a thickness greater than 0.5 microns, or from about 0.5 microns to about 10 microns, wherein the antimicrobial copper suboxide layer has a gray non-iridescent color, wherein the at least one adhesion layer has a thickness less than about 250 nm, or a thickness from about 10 nm to about 200 nm, wherein the antimicrobial copper suboxide layer has color space coordinates L* from 35 to 55, a* from -5 to 5, and b* from -10 to -4 for illuminants D65, wherein the coated article further comprises an antimicrobial silane-containing layer disposed over the antimicrobial copper suboxide layer, wherein the antimicrobial silane-containing layer comprises a microbial inhibition material comprising a first silane compound, and a metal ion, the first silane compound comprising a functional group bound to the metal ion, wherein the first silane compound is described by Formula (I), and wherein the antimicrobial silane-containing layer further includes a fingerprint inhibition material.
The Teachings of the Cited Art
Sullivan ‘907 discloses a coated substrate that includes a base substrate and a base layer disposed over the substrate, wherein one or more copper-containing antimicrobial layers are disposed over the base layer such that each of the one or more copper-containing antimicrobial layers includes copper atoms in the +1 oxidation state and/or the +2 oxidation state (see Abstract; see also, ¶[0033]), wherein the copper-containing antimicrobial layers are found to have improved corrosion resistance and durability (see ¶[0006]), wherein the copper-containing antimicrobial layers can be the same (e.g., composed of the same material), or different (e.g., composed of the different materials), the adjacent layers being composed of different compositions and/or having different thicknesses (see ¶[0033]), wherein the base substrate can include any solid substrate, such as metal substrates, plastic substrates, and glass substrates, and the base substrate is coated with an adhesion layer with a thickness of from 100 nm to 500 nm, and the copper-containing antimicrobial layer has a thickness from about 50 to 1500 nm (see ¶[0039]), wherein the coated substrate includes 2 to 5 copper-containing antimicrobial layers (see ¶[0040]), wherein the top copper-containing antimicrobial layer is furthest from the base substrate and exposed to ambient atmosphere such that the color of the top copper-containing antimicrobial layer has a visually perceivable color that is different from the color of the layer immediately below it, including when the layer below the top antimicrobial layer is another copper-containing antimicrobial layer, wherein the top copper-containing antimicrobial layer and the layer immediately below the top copper-containing antimicrobial layer can be characterized by Lab color space coordinates L*, a*, and b* relative to a CIE standard illuminant such that each of the Lab color space coordinates L*, a*, and b* relative to a CIE standard illuminant of the top copper-containing antimicrobial layer differ from those of the layer immediately below the top copper-containing antimicrobial layer by from 5% to 50% (see ¶[0041]), wherein the coated substrate comprises one or more copper-containing antimicrobial layers deposited over a base layer, the copper-containing antimicrobial layers including copper atoms in a +1 oxidation state and/or a +2 oxidation state, wherein the base layer and the copper-containing antimicrobial layers are independently deposited by physical vapor deposition processes, such as a cathodic arc deposition process, an electron beam physical vapor deposition process, evaporation, a pulsed laser deposition process, or a sputtering process (see ¶[0042]), wherein the copper-containing antimicrobial layers comprise copper oxides (see ¶[0043]), wherein, in an exemplary embodiment, a stainless steel substrate is coated with a zirconium metal adhesion layer over which is coated a layer of zirconium oxide, with a stoichiometry of ZnO0.6, followed by coating with a layer of a copper oxide, with a formula of CuO0.82 (see Ex. 2, ¶[0048]), and wherein an exemplified embodiment a copper oxide layer formed by sputtering comprises 55 atom % Cu and 45 atom % O (cf. claim 20), with a CIE LAB for a D65 illuminant of L* = 51.66, a* = -0.41, b* = -4.00 (see TABLE 1). The reference does not explicitly disclose a coated article further comprising an antimicrobial silane-containing layer disposed over the antimicrobial copper suboxide layer that comprises a first silane compound, and a metal ion, the first silane compound comprising a functional group bound to the metal ion, or a coated article comprising an antimicrobial silane-containing layer that further includes a fingerprint inhibition material. These deficiencies are remedied by the teachings of Zhang ‘232.
Zhang ‘232 discloses an anti-microbial coating comprising a first silane compound functionalized with a metal ion, and a fingerprint inhibition material that comprises a second silane wherein the fingerprint inhibition material comprises an invisible fingerprint material that hides fingerprints by making them optically less visible to the human eye, or an anti-fingerprint material that suppresses the retention of fingerprints (see Abstract), wherein the coating has a greater than, or equal to, 99% reduction in retention of a microbe after the coating is exposed to the microbe (see ¶[0009]), wherein the microbial inhibition component provides the coating with anti-microbial properties, while the fingerprint inhibition component provides the coating with chemical durability and improved cosmetic functionality (see ¶[0021]), wherein the first silane compound and the second silane compound chemically bind to the substrate surface (e.g., through -Si-O- linkages) (see ¶[0024]), wherein the coating may be applied on a substrate such as a glass or plastic as used, for example, in electronic displays, such as, but not limited to, cell phones, computer monitors, television screens, touch screens, appliances, and the like (see ¶[0025]), wherein the metal ion is bound to the first silane compound though functional groups containing a nitrogen atom, a sulfur atom, a phosphorus atom, or an oxygen atom, the functional groups including, but are not limited to, an amine (e.g., a primary amine, secondary amine, tertiary amine), a diamine (e.g., ethylene diamine, diethylene diamine, triethylene diamine), a triamine, an ethanolamine, a thiourea, or a phosphine functional group, among others (see ¶[0028]), wherein the first silane compound is represented by the structure of Formula (I) (see (see ¶¶[0029] – [0030]), wherein the first silane is immobilized on a substrate (see ¶[0038]), wherein the second silane compound comprises the structure of Formula (II) (see ¶¶[0041] – [0042]), wherein the anti-microbial coating has a particular abrasion resistance as measured by the water angle after a certain number of abrasions (see ¶[0057]), and wherein the metal ion bound to a functional group on the first silane compound may be a Cu2+ or a Cu+ ion that is provided in the form of a copper salt (see ¶[0076]).
Application of the Cited Art to the Claims
It would have been prima facie obvious before the filing date of the claimed invention to prepare a coated substrate that includes a base substrate and a base layer disposed over the substrate, wherein one or more copper-containing antimicrobial layers are disposed over the base layer such that each of the one or more copper-containing antimicrobial layers includes copper atoms in the +1 oxidation state and/or the +2 oxidation state, wherein adjacent layers of the copper-containing antimicrobial layers can be composed of different compositions and/or have different thicknesses, wherein the base substrate can include any solid substrate, such as metal substrates, plastic substrates, and glass substrates, and the base substrate is coated with an adhesion layer with a thickness of from 100 nm to 500 nm, and the copper-containing antimicrobial layer has a thickness from about 50 to 1500 nm, wherein the coated substrate includes 2 to 5 copper-containing antimicrobial layers, wherein the top copper-containing antimicrobial layer is furthest from the base substrate and exposed to ambient atmosphere such that the top copper-containing antimicrobial layer has a visually perceivable color that is different from the color of the layer immediately below it, including when the layer below the top antimicrobial layer is another copper-containing antimicrobial layer, wherein the top copper-containing antimicrobial layer and the layer immediately below the top copper-containing antimicrobial layer can be characterized by Lab color space coordinates L*, a*, and b* relative to a CIE standard illuminant such that each of the Lab color space coordinates L*, a*, and b* relative to a CIE standard illuminant of the top copper-containing antimicrobial layer differ from those of the layer immediately below the top copper-containing antimicrobial layer by from 5% to 50%, wherein the base layer and the copper-containing antimicrobial layers are independently deposited by physical vapor deposition processes, such as a cathodic arc deposition process, an electron beam physical vapor deposition process, evaporation, a pulsed laser deposition process, or a sputtering process, wherein the copper-containing antimicrobial layers comprise copper oxides, wherein, in an exemplary embodiment, a stainless steel substrate is coated with a zirconium metal adhesion layer over which is coated a layer of zirconium oxide, followed by coating with a layer of a copper oxide, with a formula of CuO0.6, and wherein an exemplified embodiment comprises a copper oxide layer formed by sputtering comprises 55 atom % Cu and 45 atom % O onto the layer below, with a CIE LAB for a D65 illuminant of L* = 51.66, a* = -0.41, b* = -4.00, as taught by Sullivan ‘907, wherein the anti-microbial coating further comprises a first silane compound functionalized with a metal ion, and a fingerprint inhibition material that comprises a second silane, wherein the first silane compound and the second silane compound chemically bind to the substrate surface through -Si-O- linkages, wherein the metal ion is bound to the first silane compound though functional groups containing a nitrogen atom, a sulfur atom, a phosphorus atom, or an oxygen atom, the functional groups including, but not limited to, an amine (e.g., a primary amine, secondary amine, tertiary amine), a diamine (e.g., ethylene diamine, diethylene diamine, triethylene diamine), a triamine, an ethanolamine, a thiourea, or a phosphine functional group, among others, wherein the first silane compound is represented by the structure of Formula (I), wherein the second silane compound comprises the structure of Formula (II), and wherein the metal ion bound to a functional group on the first silane compound may be a Cu2+ or a Cu+ ion that is provided in the form of a copper salt, as taught by Zhang ‘232. One of skill in the art would be motivated to do so, with a reasonable expectation of success in so doing, by the express teachings of Zhang ‘232 to the effect that the anti-microbial coating has a greater than, or equal to, 99% reduction in retention of a microbe after the coating is exposed to the microbe (see ¶[0009]), and that the fingerprint inhibition component provides the coating with chemical durability and improved cosmetic functionality (see ¶[0021].
With respect to the limitation recited in claim 1 directed to the antimicrobial copper suboxide layer having a thickness that is at least five times thicker than the adhesion layer, the Examiner notes that Sullivan ‘907 discloses, at ¶[0039], that the adhesion layer has a thickness of from 100 nm to 500 nm, and the copper-containing antimicrobial layer has a thickness from about 50 to 1500 nm, thus rendering obvious the limitation in question. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976).
With respect to the limitations recited in claims 3 and 22, directed to the antimicrobial copper suboxide layer including cuprous oxide (Cu2O), and claims 21 and 23, reciting that the layer includes a compound having the formula CuzO, where z is from 2.2 to 1.1, the Examiner notes that Sullivan ‘907 discloses that antimicrobial copper suboxide layers comprise copper atoms in the +1 oxidation state (see Abstract; see also, ¶[0033]), such that the value of z would be 2.0, thus reading on the limitations in question.
With respect to claim 5, which claim recites a limitation directed to the at least one adhesion layer including a compound having formula ZryO2 where y is from 3 to 0.6, the Examiner notes that Sullivan ‘907 discloses a multilayer coating wherein a stainless steel substrate is coated with a zirconium metal adhesion layer over which is coated a layer of zirconium oxide, followed by coating with a layer of a copper oxide, with a formula of ZrO0.6 (see Ex. 2, ¶[0048]), which stoichiometry reads on the limitation at issue, rendering it obvious.
With respect to claim 6, which claim recites a limitation directed to the antimicrobial copper suboxide layer having a uniform stoichiometry to within 20 mol% throughout the antimicrobial copper suboxide layer, the Examiner notes that the cited references do not explicitly address such characteristics of the copper suboxide layer. However, the Examiner further notes that Sullivan ‘907 explicitly discloses that the one or more copper-containing antimicrobial layers are independently deposited by physical vapor deposition processes, such as by cathodic arc, electron beam physical vapor, evaporation, pulsed laser deposition, or sputtering (see ¶[0042]). Consequently, it is the Examiner’s position that such deposition processes provide sufficient control of the layer deposition process that achieving a uniform stoichiometry as claimed would amount to nothing more than an optimization of a result-effective variable, the exercise of which is well with the expertise of one of ordinary skill in the appropriate art. Furthermore, with respect to claims 7 and 24, reciting limitations directed to the copper atom percent in the antimicrobial copper suboxide layer decreasing at increasing distances from the substrate, it is the Examiner’s position that the deposition processes disclosed in Sullivan ‘907 provide sufficient control of the layer deposition processes that achieving a gradient distribution of copper atom percent in the layer as claimed would amount to nothing more than an optimization of a result-effective variable, the exercise of which is well with the expertise of one of ordinary skill in the appropriate art. Consequently, in the absence of evidence as to the criticality of such parameters, these limitation cannot support patentability. See MPEP § 2144.05 II. A.
With respect to claims 10 and 27, which claims recite limitations directed to the antimicrobial copper suboxide layers having a gray, non-iridescent color, the Examiner notes that the cited references do not directly address such color qualities of the copper suboxide layers. However, Sullivan ‘907 discloses that, in an exemplified embodiment, a copper oxide layer was deposited with a CIE LAB for a D65 illuminant of L* = 51.66, a* = -0.41, b* = -4.00 (see TABLE 1). Such color coordinates read on the coordinates recited in claim 14 (cf. L* from 35 to 55, a* from -5 to 5, and b* from -10 to -4 for illuminants D65). Consequently, it is the Examiner’s position that the copper suboxide layer with those color coordinates would necessarily display a gray, non-iridescent color, thus reading on the limitations at issue, and rendering them obvious.
With respect to claims 13 and 30, which claims recite limitations directed to the antimicrobial copper suboxide layer including a plurality of crystalline columns extending from the substrate, the Examiner notes that the cited references do not explicitly discloses coated articles with structures reading on the limitations in question. However, it is the Examiner’s position that coated articles in accord with the cited references would necessarily comprises structures reading on these limitations given that FIGS. 3A and 3B, disclosed as depicting these columns in the copper suboxide layer (see ¶[0060]), would be understood by one of ordinary skill in the relevant art to reflect a layer structure that is a function of the method used to apply the layer to the substrate. Applicants’ specification discloses that “the at least one adhesion layer and the copper suboxide layer can be made by chemical vapor deposition or by physical vapor depositions. Suitable physical vapor deposition techniques include arc deposition and reactive sputtering (see ¶[0030]).” In comparison, Sullivan ‘907 discloses that “[e]xamples of useful, physical vapor deposition processes include, but are not limited to, a cathodic arc deposition process, an electron beam physical vapor deposition process, evaporation, a pulsed laser deposition process, or sputtering (e.g., HIP IMS)” (see ¶[0042]). Consequently, in light of the substantially similar processes used for preparation of the claimed and disclosed layer structures, the copper suboxide layer of the cited art would necessarily comprise such “column” structures.
With respect to the limitation recited in claim 20, directed to the adhesion layer and the antimicrobial copper suboxide layer being substantially free of metals other than copper, the Examiner notes that Sullivan ‘907 discloses an exemplified embodiment wherein antimicrobial copper oxide layers, formed by sputtering, comprise 55 atom % Cu and 45 atom % O, such that no metal atoms other than copper would be in the layers, reading on the limitations in question, rendering them obvious.
In light of the forgoing discussion, the Examiner concludes that the subject matter defined by claims 1 – 14 and 16 - 35 would have been obvious within the meaning of 35 USC § 103.
Claim 15 is rejected pursuant to 35 U.S.C. § 103 as obvious over Sullivan ‘907, in view of Zhang ‘232, as applied in the above rejection of claims 1 – 14 and 16 - 35, and further in view of US 2020/0236946 A1 to Horino, K. et al., published 30 July 2020 (“Horino ‘946”).
The Invention As Claimed
The invention with respect to claim 1 is described above. In addition, Applicants claim a coated article comprising a substrate, an adhesion layer over the substrate, and an antimicrobial copper suboxide layer over the adhesion layer, wherein the coated article further comprises a transparent metal oxide layer disposed over the antimicrobial copper suboxide layer.
The Teachings of the Cited Art
The disclosures of Sullivan ‘907 and Zhang ‘232 are relied upon as set forth in the above rejection of claims 1 – 14 and 16 - 35. The references do not disclose a coated article further comprising a transparent metal oxide layer disposed over an antimicrobial copper suboxide layer. The teachings of Horino ‘946 remedy that deficiency.
Horino ‘946 discloses an antiviral composition comprising a base material and an antiviral substrate disposed on the base material, the substrate being excellent in antiviral properties, is excellent in transparency or the like, and is capable of maintaining characteristics such as the transparency of a base material and the color of the surface of the base material (see Abstract), wherein, when the base material of the antiviral substrate is a transparent material, the transparency of the base material does not decrease, and a predetermined pattern or the like is on the surface of the base material, the appearance of the pattern or design is not impaired (see ¶[0024]), wherein the antiviral substrate comprises a copper compound and antiviral activity of the substrate is improved by the inclusion of copper (I) in the copper compound (see ¶[0031]), wherein the ratio (Cu(I):Cu(II)) of the number of ions of Cu(I) and Cu(II) contained in the copper compound is 0.5 to 50 (see ¶[0040]), wherein the copper compound indicates both a covalent compound containing copper and an ionic compound containing copper (see ¶[0051]), wherein the antiviral composition contains a copper compound, an uncured electromagnetically curable resin, a dispersion medium, and a polymerization initiator (see ¶[0056]), wherein the copper compound comprises an oxide of copper as an ionic compound (see ¶[0063]), wherein the electromagnetically curable resin is an acrylic resin, a urethane acrylic resin, a polyether resin, a polyester resin, an epoxy resin, or an alkyd resin (see ¶[0069]), wherein the dispersion medium is alcohol and/or water (see ¶[0072]), wherein the polymerization initiator is an alkyl phenome-based polymerization initiator, a benzophenone-based polymerization initiator, an acyl phosphine oxide-based polymerization initiator, an intramolecular hydrogen abstraction-type polymerization initiator, or an oxime ester-based polymerization initiator (see ¶[0078]), wherein the polymerization initiator is preferably a benzophenone, or a derivative thereof (see ¶[0081]), wherein the antimicrobial substrate comprising a cured material of a binder containing a copper compound and a polymerization initiator is fixed onto a surface of the base material (see ¶[0110]), wherein it is possible to adjust the ratio Cu(I):Cu(II) in the copper compound, in accordance with the selection of the binder, the polymerization initiator, and the copper compound, the adjustment of the concentration thereof, and the adjustment of an irradiation time or the intensity of the UV radiation used to cure the resin (see ¶[0140]), wherein the material of the base material of the antiviral substrate is not limited, and includes a metal, a ceramic such as glass, a resin, a fiber fabric, wood, and the like (see ¶[0212]), wherein the resin of the antiviral composition is an alkyd resin (see ¶[0238]) that is transparent and that is excellent in adhesiveness to the base material (see ¶[0239]), wherein the antiviral substrate exhibits a total light ray transmittance that is from 90% to 99% (see ¶[0253]), wherein the antiviral substrate displays antiviral properties in a protective film, or a film for display of a touch panel, without decreasing the transparency (see ¶[0255]), wherein, in an exemplified embodiment, the antiviral composition was applied onto the surface of a melamine decorative sheet with an embossed surface (see ¶[0438]), and wherein a transparent antiviral composition containing a copper compound was obtained on the surface of the melamine decorative sheet with an embossed surface as applied on the surface of the glass plate to comprise a base material (see ¶[0439]).
Application of the Cited Art to the Claims
It would have been prima facie obvious before the filing date of the claimed invention to prepare a coated article that comprises a coated substrate that includes a base substrate and a base layer disposed over the substrate, wherein one or more copper-containing antimicrobial layers are disposed over the base layer such that each of the one or more copper-containing antimicrobial layers includes copper atoms in the +1 oxidation state and/or the +2 oxidation state, as disclosed by Sullivan ‘907 and Zhang ‘232, wherein the coated article includes an antiviral composition comprising a base material and an antiviral substrate disposed on the base material, wherein, when the base material of the antiviral substrate is a transparent material, and a predetermined pattern, or the like, is on the surface of the base material, the appearance of the pattern or design is not impaired, wherein the base material of the antiviral composition is an alkyd resin that is transparent such that the antiviral substrate exhibits a total light ray transmittance from 90% to 99%, as taught by Horino ‘946. One of ordinary skill in the art would be motivated to do so, with a reasonable expectation of success in so doing, by the teachings of Horino ‘946 to the effect that , when a predetermined pattern, or the like, is on a surface of the base material, the appearance of the pattern or design is not impaired (see ¶[0024]).
In light of the forgoing discussion, the Examiner concludes that the subject matter defined by claim 15 would have been obvious within the meaning of 35 USC § 103.
NO CLAIM IS ALLOWED.
CONCLUSION
Any inquiry concerning this communication or any other communications from the examiner should be directed to Daniel F. Coughlin whose telephone number is (571)270-3748. The examiner can normally be reached on M-F 8:30 am - 5:30 pm.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, David J Blanchard, can be reached on (571)272-0827. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/DANIEL F COUGHLIN/
Examiner, Art Unit 1619
/DAVID J BLANCHARD/ Supervisory Patent Examiner, Art Unit 1619