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 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 –
(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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lixil Corp (JP 5881236).
As to claim 1, Lixil discloses a system comprising a substrate surface; an antimicrobial system disposed on the surface comprising an antimicrobial compound having a cationic group on one end of a hydrocarbon chain and a silane group on a second end, opposite the first end; and a device at least in communication with the surface to measure the resistance of the antimicrobial system (see 0030-34). Lixil discloses the use of octadecyldimethyl (3-trimethoxysilylpropyl) ammonium chloride (See 0028). Lixil states the methoxysilyl group reacts with the methachloroxy group of the adhesion promoter to ensure adhesion of the material to the resin surface (see 0007, 0015 of the translation).
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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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lixil Corp (JP 5881236) as applied to claim 1 above in view of Ohlhausen et al. (US 6994890).
The teachings of Lixil Corp as applied to claim 1 are as stated above.
Lixil Corp fails to teach the substrate is part of an aircraft as required by claim 3.
Ohlhausen et al. discloses the use of cationic quaternary ammonium organosilane based antimicrobial treatments for surfaces (see abstract, col. 2, lines 45-53). Ohlhasuen et al. states the treatment can be applied to a various substrates such as those made metals, glass, plastics, rubbers, resins, etc. that are everyday surfaces such as those found in aircrafts (see abstract, col. 6, line 37-61) and those used for cooking, eating, drinking, bathing, and showering.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include the aircraft substrate in the system of Lixil Corp. One would have been motivated to do so since both are directed to the application of an antimicrobial agent to surfaces where Ohlhausen et la. further shows an aircraft as a substrate (sink) that can be used with such agents, and it would be beneficial to measure the resistance of such coatings to make sure the aircraft has the desired resistance to bacteria and viruses to maintain a healthy environment.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lixil Corp (JP 5881236) as applied to claim 1 above in view of Man et al. (CA3031505).
The teachings of Lixil Corp as applied to claim 1 are as stated above.
Lixil Corp fails to teach the antimicrobial system comprises an anionic surfactant by claim 3.
Man et al. discloses activated and inactivated compositions that comprise of ammonium compounds with anionic surfactants (see abstract). Man et al. states activated antimicrobial compositions comprising a quaternary ammonium compound and an anionic surfactant to enhance the surface activity of the substrate (see pages 1-3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Lixil Corp to include an anionic surfactant in the antimicrobial system as taught by Man et al. in order to enhance the antimicrobial activity on the surface of the substrate.
Conclusion
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.
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/CACHET I. PROCTOR/
Examiner
Art Unit 1712
/CACHET I PROCTOR/Primary Examiner, Art Unit 1712
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