DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 52-53 have been amended. Claims 1-38 are cancelled. Claims 39-58 are pending in the instant application.
Priority
This application is a National Phase Application of International Application Serial No. PCT/JP2022/033510, filed September 7, 2022, which claims the benefit of and priority to Japanese Patent Application No. 2021-148343, filed September 13, 2021.
Information Disclosure Statements
Applicants’ Information Disclosure Statement, filed on 02/28/2024, has been considered. Please refer to Applicant’s copy of the PTO-1449 submitted herewith.
Status of the Claims
Claims 39-58 are under examination on the merits.
Drawings
The Drawings are objected to under 37 CFR 1.83(b) because FIGs.1-8 are not clear enough to read. Supplemental sheets are required.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 41, 43, and 47-48 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, 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.
Specifically, the parameter “z” of “AxMnyOz” in claims 41, 43, and 47 is not defined. Therefore, claims 41, 43, and 47 are indefinite.
In terms of claim 48 drawn to the manganese oxide according to claim 39, wherein the constituent element A contains Y, and an intensity ratio (211)/(112) of a peak intensity derived from a (211) plane appearing at 2θ = 35.5 to 36.50° to a peak intensity derived from a (112) plane appearing at 2θ = 32.5 to 33.5° in an XRD spectrum of the manganese oxide is 2.50 or less, it is not clear which manganese oxide claim 48 refers to because the XRD spectrum of the manganese oxide used for defining the intensity ratio (211)/(112) is not defined in claim 48.
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 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 39-41, and 51-55 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oka et al., RSC Advances, (2016), v.6, p.90952-90957.
Applicants’ claim 39 is drawn to a manganese oxide represented by A-Mn-O as constituent elements, wherein the constituent element A is one or more elements selected from H, an alkali metal, an alkaline-earth metal, a rare earth element, Be, Mg, Ti, Zr, Hf, V, Nb, Ta, Cr, Mo, W, Re, Fe, Ru, Co, Os, Rh, Ir, Ni, Pd, Pt, Cu, Ag, Au, Zn, Cd, B, Al, Ga, In, TI, Si, Ge, Sn, Pb, P, Sb, Bi, 5, Se, Te, F, Cl, Br, and I, and a reflectance of light at a wavelength of 550 nm and a reflectance of light at a wavelength of 700 nm of the manganese oxide are 20% or less.
Applicants’ claim 51 is drawn to a manganese oxide particle represented by A-Mn-O as constituent elements, wherein the constituent element A is one or more elements selected from H, an alkali metal, an alkaline-earth metal, a rare earth element, Be, Mg, Ti, Zr, Hf, V, Nb, Ta, Cr, Mo, W, Re, Fe, Ru, Co, Os, 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, Cl, Br, and I, and a reflectance of light at a wavelength of 550 nm and a reflectance of light at a wavelength of 700 nm of the manganese oxide particle are 20% or less.
Applicants’ claim 55 is drawn to a near-infrared transmission material comprising manganese oxide particles and a dispersion containing a component that transmits near-infrared rays, wherein the manganese oxide is represented by A-Mn-O as constituent elements, and the constituent element A is one or more elements selected from H, an alkali metal, an alkaline-earth metal, a rare earth element, Be, Mg, Ti, Zr, Hf, V, Nb, Ta, Cr, Mo, W, Re, Fe, Ru, Co, Os, 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, Cl, Br, and I.
Oka et al. discloses black pigments based on calcium manganese oxides. Specifically, Oka et al. discloses the black pigments Ca2Mn0.60Ti0.40O4, Ca2Mn0.65Ti0.35O4, Ca2Mn0.70Ti0.30O4, Ca2Mn0.75Ti0.25O4, Ca2Mn0.80Ti0.20O4, Ca2Mn0.85Ti0.15O4, Ca2Mn0.90Ti0.10O4, Ca2Mn0.95Ti0.05O4, and Ca2MnO4 having a reflectance of light at a wavelength of 550 nm and a reflectance of light at a wavelength of 700 nm of the manganese oxide are 20% or less, see Fig.5(a). Oka et al. also discloses additional calcium manganese oxides black pigments having a reflectance of light at a wavelength of 550 nm and a reflectance of light at a wavelength of 700 nm of the manganese oxide are 20% or less in Fig. 2. In addition, Oka et al. discloses black pigments based on calcium manganese oxides are particles having diameter in the range of 1.0-1.5 um, see “Particle size and morphology” and Fig. 2, left column at p.90955. Therefore, Oka et al. anticipates claims 39-40, and 51-55.
In terms of claim 41 wherein a compositional formula of the manganese oxide is represented by AxMnyOz, and x/y = 0.001 or more and 2.00 or less, Oka et al. (Fig. 2) discloses the black pigments such as Ca3Mn2O4, wherein A is alkaline-earth metal of Ca, and x=3, and y=2, x/y=1.5, which reads on the limitation “x/y = 0.001 or more and 2.00 or less”.
Claim Rejections - 35 USC § 103
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 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 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 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.
Claims 42-45 and 56-58 are rejected under 35 U.S.C. 103 as being unpatentable over Oka et al. in view of Divya et al., Ceramics International, (2012), 47(21), 30381-30390 (Published July 22 2021) and U.S. Patent No. 6,541,112 B1 (“the `112 patent”) to Swiler et al.
Determination of the scope and content of the prior art (MPEP §2141.01)
Oka et al. discloses black pigments based on calcium manganese oxides. Specifically, Oka et al. discloses the black pigments Ca2Mn0.60Ti0.40O4, Ca2Mn0.65Ti0.35O4, Ca2Mn0.70Ti0.30O4, Ca2Mn0.75Ti0.25O4, Ca2Mn0.80Ti0.20O4, Ca2Mn0.85Ti0.15O4, Ca2Mn0.90Ti0.10O4, Ca2Mn0.95Ti0.05O4, and Ca2MnO4 having a reflectance of light at a wavelength of 550 nm and a reflectance of light at a wavelength of 700 nm of the manganese oxide are 20% or less, see Fig.5(a). Oka et al. also discloses additional calcium manganese oxides black pigments having a reflectance of light at a wavelength of 550 nm and a reflectance of light at a wavelength of 700 nm of the manganese oxide are 20% or less in Fig. 2. In addition, Oka et al. discloses black pigments based on calcium manganese oxides are particles having diameter in the range of 1.0-1.5 um, see “Particle size and morphology” and Fig. 2, left column at p.90955.
Divya et al. discloses red pigments based on LiAlMnO5 for NIR (near IR) reflective cool coating.
The `112 patent (Abstract, TABLE 1, and EXAMPLE 1) discloses rare earth manganese oxides are used as pigments. The pigments have the formula (RexMn)Oy, where Re is at least one element selected from Y, La and Lanthanide elements, x is from 0.01 to 99, and y is the number required to maintain electroneutrality. Preferred rare earth elements include Y, La, Pr and Nd. The pigments are useful as colorants, and may possess improved reflectance characteristics in the infrared region, thereby reducing IR-induced heat buildup. In addition, the `112 patent (FIG. 1) discloses the rare earth manganese oxide YMn has reflectance of light at a wavelength of 700 nm of the manganese oxide are 20% or less.
Ascertainment of the difference between the prior art and the claims (MPEP §2141.02)
The difference between the instantly claimed manganese oxide represented by A-Mn-O of claim 42 and the black pigments based on calcium manganese oxides of Oka et al. is that the prior art does not teach the constituent element A contains Li.
Finding of prima facie obviousness--rational and motivation (MPEP §2142-2413)
However, present claim 42 would have been obvious over Oka et al. because the difference of the manganese oxide containing the constituent element A of Li is further taught and/or suggested by Divya et al. Divya et al. teaches a manganese oxide containing the constituent element A of Li, which is red pigments based on LiAlMnO5 for NIR (near IR) reflective cool coating have a reflectance of light at a wavelength of 550 nm and/or a reflectance of light at a wavelength of 700 nm. One ordinary skilled in eth art would have been motivated to include lithium in the manganese oxide for the same application.
In terms of claim 43 wherein the constituent element A contains Li, a compositional formula of the manganese oxide is represented by AxMnyOz, and x/y = 0.001 or more and 2.00 or less, Divya et al. teaches LiAlMnO5 for NIR (near IR) reflective cool coating, wherein A contains Li, and x/y = 2/1=2.00.
In terms of claim 44 wherein the constituent element A contains Li and one or more elements selected from Mg, Ca, Al, Ti, Fe, Zn, Bi, and Y, Divya et al. teaches LiAlMnO5 for NIR (near IR) reflective cool coating, wherein A contains Li, and one element of Al.
In terms of claim 45 wherein the constituent element A contains Li and Mg and/or Al, Divya et al. teaches LiAlMnO5 for NIR (near IR) reflective cool coating, wherein A contains Li, and one element of Al, which reads on “or”.
In terms of claims 46-50, The `112 patent (Abstract, TABLE 1, and EXAMPLE 1) discloses rare earth manganese oxides are used as pigments. The pigments have the formula (RexMn)Oy, where Re is at least one element selected from Y, La and Lanthanide elements, x is from 0.01 to 99, and y is the number required to maintain electroneutrality. Preferred rare earth elements include Y, La, Pr and Nd. The pigments are useful as colorants, and may possess improved reflectance characteristics in the infrared region, thereby reducing IR-induced heat buildup. In addition, the `112 patent (FIG. 1) discloses the rare earth manganese oxide YMn has reflectance of light at a wavelength of 700 nm of the manganese oxide are 20% or less.
In terms of claim 56 drawn to a near-infrared transmission film comprising the near- infrared transmission material according to claim 55, Oka et al. discloses the film of Ca2Mn0.85Ti0.15O4, see Fig. 7 (a) at p.90956. In addition, Divya et al. teaches LiAlMnO5 for NIR (near IR) reflective cool coating, which suggests for making a coating film.
In terms of claim 57 drawn to a near-infrared sensor comprising an optical filter on which the near-infrared transmission film according to claim 56 is formed, Divya et al. (ABSTRCT) teaches synthesized sample such as LiAlMnO5 for NIR (near IR) reflective cool coating showed chromatic properties with absorption bands. One ordinary skilled in the art would have known said synthesized sample is used as a near-infrared sensor.
In terms of claim 58 drawn to a method for producing a near-infrared transmission film, comprising a step of coating the near-infrared transmission material according to claim 55 onto a base material and drying the coated near-infrared transmission material to form a near-infrared transmission film, Divya et al. (ABSTRCT) teaches synthesized sample such as LiAlMnO5 for NIR (near IR) reflective cool coating. The steps of coating the near-infrared transmission material according to claim 55 onto a base material and drying the coated near-infrared transmission material to form a near-infrared transmission film are the common steps for producing a near-infrared transmission film, and at a grasp of one ordinary skilled.
Conclusions
Claims 39-58 are rejected.
The Drawings are objected to.
Telephone Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yong L. Chu, whose telephone number is (571)272-5759. The examiner can normally be reached on M-F 8:30am-5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber R. Orlando can be reached on 571-270-3149. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/YONG L CHU/Primary Examiner, Art Unit 1731
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