DETAILED ACTION
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 102
Claims 1-7 stand rejected under 35 U.S.C. 102(a)(1) as being anticipated by
TSUNEMATSU (TWI878254 or US-2022/0049105) as set forth in the last office action and reiterated herein below.
Note: The citations herein below are taking from the US Publication US-2022/0049105, which is served as the translation for TWI878254.
Claim 1: Tsunematsu teaches an organic-inorganic hybrid infrared absorbing
particles comprising a resin and an infrared absorbing particle dispersed in the resin
(Tsunematsu, para. 0132-0133). The resin is in the form of a capsule (Figures 2-7).
Tsunematsu does not report the final content of the absorbing particles in the organic-
inorganic hybrid particles; however, the process of making the organic-inorganic hybrid
particles of Tsunematsu is identical to the process disclosed in the instant specification
with comprises a raw material mixture preparation step by mixing 0.05 g of the infrared
absorbing particles and 1.0 g of the coating resin (Tsunematsu, para. 0146) which is the
exactly same contents as those disclosed in Example 1 of the instant specification and
the final content becomes 20% mass of the infrared absorging particles in the organic-
inorganic hybrind particles (See instant specification, pages 62 and 65). Thus, the
organic-inorganic hybrid particles of Tsunematsu in Example 1 necessarily comprises
20 mass% of the infrared absorbing particles, which is well within the claimed range of
15 to 55 mass%..
Claim 2: Tsunematsu teaches the hybrid particles to be formed in a mini-
emulsion in which the diameter is set to be 50 nm to 500 nm (Tsunematsu, para. 0014)
and thus it necessarily results in an organic-inorganic hybrid particle with a median
diameter is 1 µm or less and a standard deviation is 500 or less.
Claim 3: Tsunematsu reports the resins to include polyester resin, polycarbonate
resin, acrylic resin, polystyrene resin, polyamide, resin, vinyl chloride resin, olefin resin,
fluororesin, polyvinyl acetate resin, polyurethane resin, acrylonitrile butadiene styrene
resin, polyvinyl acetal resin, acrylonitrile styrene copolymer resin, ethylene-vinyl acetate
copolymer resin, phenol resin, epoxy resin, melamine resin, urea resin, unsaturated
polyester resin, alkyd resin, polyimide resin, and silicone resin (Tsumematsu, para.
0085-0086)..
Claim 4. Tsunematsu teaches the resins to include a photocuring resin, and
the photocuring resin contains a resin that cures by irradiation with any of
ultraviolet, visible, or infrared light (para. 0087).
Claim 5: Tsunematsu discloses the infrared absorbing particle to include
tungsten oxide represented by a general formula WyOz, where W is tungsten and 0 is
oxygen and z/y is 2.2 to 2.999, or a composite tungsten oxide represented
by a general formula Mx WyOz where an element M is one or more elements selected
from H, He, alkali metal (i.e. Li, Na, K, Rb, Cs, Fr, Be), alkaline earth metal (i.e.Mg, Ca,
Sr, Ba), rare earth element (i.e. Ra, Sc, Y, La, Ce, Pr, Nd, Pm, Sm, Eu, Gd, Tb, Dy, Ho,
Er, Tm, Yb, Lu) Zr, Hf, V, Nb, Ta, Cr, Mo, Mn, Re, Fe, Ru, Os, Co, Rh, Ir,
Ni, Pd, Pt, Cu, Ag, Au, Zn, Cd, B, Al, Ga, In, TI, Si, Ge, Sn, Pb, P, Sb, Bi, S, Se, Te, F,
Br, and I; x/y is 0.001 to 1; and z/y is 2.0 to 3.0 (Tsunematsu, para. 0048-0051).
Claim 6: Tsunematsu discloses an infrared absorbing particle dispersion
comprising a medium and the organic-inorganic hybrid infrared absorbing particles as
discussed above (para. 0138-0139).
Claim 7: Tsunematsu teaches a method of producing organic-inorganic hybrid
infrared absorbing particles comprising forming a dispersion liquid containing
infrared absorbing particles, a dispersant, and a dispersion medium;
evaporating the dispersion medium from the dispersion liquid; forming a raw material
mixture by mixing the infrared absorbing particles collected after the evaporating of the
dispersion medium, a coating resin material, an organic solvent, an emulsifier, water,
and a polymerization initiator; stirring the raw material mixture while cooling; and
performing, after a deoxygenation process to reduce oxygen content in the raw material
mixture, polymerization reaction of the coating resin material (Tsunematsu, Example 1,
para. 0137-0152) and claim 1. The polymerization initiator is a cationic polymerization
initiator, i.e. "electrophiles such as protonic acids, Lewis acids, halogen molecules,
carbocations, and the like" (para. 0104).
Response to Arguments
Applicant argues that the proportion of the infrared absorbing particle as shown in the illustration in paragraph 0146 of Tsunematsu reference fails to satisfy the required 15 to 55 mass% in the hybrid particle as required in the claims. However, this is the exact proportions in forming the raw mixture in the preparation step as exemplified in Applicant’s own specification. Compare the description in the instant specification at page 62, 2nd paragraph to paragraph 0146 of Tsunematsu. Therefore, base on the results shown in Table 1 of the instant speicifcastion (page 64), it is logical to assume that the raw mixture taught by Tsunematsu would have yielded the same results as shown in Table 1 of the instant specification. If not, Applicant is requested to explain the discrepancy between the calculation made in the response and the instant disclosure at pages 63-64 of the instant specification.
Applicant's arguments filed March 9, 2026 have been fully considered but they are not persuasive for the reasons discussed above. The amendment to claim 7 has overcome the Double patenting rejection; however, it is inadequate to overcome the art-based rejection for the reasons discussed above.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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.
Any inquiry concerning this communication or earlier communications from the
examiner should be directed to HOA (Holly) LE whose telephone number is (571)272-
1511. The examiner can normally be reached Monday to Friday, 10:00 am to 7:00 pm.
Examiner interviews are available via telephone, in-person, and video
conferencing using a USPTO supplied web-based collaboration tool. To schedule an
interview, applicant is encouraged to use the USPTO Automated Interview Request
(AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, Alicia Chevalier can be reached at 571-272-1490. The fax phone number for
the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be
obtained from Patent Center. Unpublished application information in Patent Center is
available to registered users.
/HOA (Holly) LE/Primary Examiner, Art Unit 1788
Prosecution Insights