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 .
DETAILED ACTION
EXAMINER’S COMMENT
Insertion of continuing data of PCT and Japanese Foreign Priority documents at beginning of the specification is suggested.
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.
Claims 1-5 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2015-110691 A (June 18, 2015).
JP teaches a near-infrared transmissive black azo pigment of formula (I) in abstract. JP teaches a transmittance T600 (%) at a wavelength of 600 nm and a transmittance T900 (%) at a wavelength of 900 nm being about 5% and 85%, respectively in Figure 5 of page 27 which would meet claims 1 and 2.
Regrading claims 3 and 4, the Figure 1 of JP and the instant Figure 1 show very similar pattern of % Transmittance as to wavelengths and thus the black azo pigment of JP would be expected to meet the recited properties inherently.
Since PTO does not have equipment to conduct the test, it is fair to require applicant to shoulder the burden of proving that his material differs from those of JP. See In re Best, 195 USPQ 430, 433 (CCPA 1977). Charles Pfizer & Co. v. FTC, 401 F.2d 574, 579 (6th Cir. 1968). Inherent anticipation does not require that a person of ordinary skill in the art would have recognized the inherent disclosure, Schering Corp. v. Geneva Pharms., Inc., 339 F.3d 1373 (Fed. Cir. 2002). See MPEP 2112.01.
JP teaches a copolymer of formula 2 (amino group-containing compound) and formula 3 (hydroxy group-containing aromatic ring) in claims 1 and 5 which would meet claim 5. At least NH2 group of the formula 2 (amino group-containing compound) taught by JP would meet the recited auxochrome of claim 7.
Claims 1-5 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2016-6059646 A (Dec 16, 2016) with Machine translation.
JP teaches a near-infrared transmissive black azo pigment of formula (I) in abstract. JP teaches a transmittance T600 (%) at a wavelength of 600 nm and a transmittance T900 (%) at a wavelength of 900 nm being about 5% and 85%, respectively in Figure 5 of page 25 which would meet claims 1 and 2.
Regrading claims 3 and 4, the Figure 1 of JP and the instant Figure 1 show very similar pattern of % Transmittance as to wavelengths and thus the black azo pigment of JP would be expected to meet the recited properties inherently.
Since PTO does not have equipment to conduct the test, it is fair to require applicant to shoulder the burden of proving that his material differs from those of JP. See In re Best, 195 USPQ 430, 433 (CCPA 1977). Charles Pfizer & Co. v. FTC, 401 F.2d 574, 579 (6th Cir. 1968). Inherent anticipation does not require that a person of ordinary skill in the art would have recognized the inherent disclosure, Schering Corp. v. Geneva Pharms., Inc., 339 F.3d 1373 (Fed. Cir. 2002). See MPEP 2112.01.
JP teaches a copolymer of formula 2 (amino group-containing compound) and formula 3 (hydroxy group-containing aromatic ring) in claims 1 and 4 which would meet claim 5. At least NH2 group of the formula 2 (amino group-containing compound) taught by JP would meet the recited auxochrome of claim 7.
CLAIM OBJECTION
Claim 6 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims since JP 2015-110691 A (June 18, 2015) and JP 2016-6059646 A (Dec 16, 2016) fail to teach or suggest utilization of a crosslinking agent and since it is unclear whether utilization of the crosslinking agent in JP would yield a black azo pigment having the recited % Transmittance of claim 1 or not due to a different chemical structure obtained by utilization of the crosslinking agent.
EXAMINER’S COMMENT
Patel JR et al. (Study of Novel Oligomeric Azo Dyes, International Journal for Pharmaceutical Research Scholars (IJPRS), V-1, I-3, 2012) teach a polymeric metal chelates of AAPFQ (6-(p-methoxy phenyl) diazo-minophenol-Formaldehyde-5-chloromethyl-8-quinolinol) yielding color from dark red to brown.
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/TAE H YOON/ Primary Examiner, Art Unit 1762
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