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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/22/2024 being considered by the examiner. A copy of initialed form is attached for Applicant’s record.
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 (i.e., changing from AIA to pre-AIA ) 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 1-5, 8, 9, 11-13 and 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamane et al.(US 9,771,384 B2 hereinafter Yamane).
Regarding claim 1, Yamane discloses an spectacle lens (glass substrates have been coated with the antifouling agent (Gorilla TM glass, see experimental section column 21, lines 10-33), a lens can be coated by the antifouling agents, see column 15, lines 22-23 "eyeglass lenses" "lenses of spectacles") comprising (column 4, lines 44-55 and example 6) an antifouling agent composition comprising:
- a compound (A) having a silyl group and a fluorinated alkyl group (see example 5 compound (A):
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- a compound (B) having a silyl group at one end and a reactive group at the other end
(see example 5 compound (B):
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; and
- a chain fluorine compound (C) having no reactive group (see example 5 compound (C)
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Regarding claim 2, Yamane discloses the spectacle lens according to claim 1, wherein the antifouling agent composition comprises 30 mass% to 89 mass% of the compound (A) (example 5 at Table 1 65 wt-% (A)).
Regarding claim 3, Yamane discloses the spectacle lens according to claim 1, wherein the antifouling agent composition comprises 10 mass% to 70 mass% of the compound (B) (example 5 at Table 1, 12 wt-% (B)).
Regarding claim 4, Yamane discloses the spectacle lens according to claim 1, wherein the antifouling agent composition comprises 1 mass% to 30 mass% of the compound (C)( example 5 at Table 1, 23 wt-% (C)).
Regarding claim 5, Yamane discloses spectacle lens according to claim 1. Yamane further discloses wherein the compound (A) has the silyl group at one end and the fluorinated alkyl group at the other end (see the formula (A) of example 5).
Regarding claim 8, Yamane discloses the spectacle lens according to claim 1. Yamane further discloses wherein the compound (B) is represented by formula (2): in which Ra represents a group containing a reactive group, R10s each independently represent a divalent hydrocarbon group having 1 to 4 carbon atoms, a is 0 to 10, R11s each independently represent a monovalent hydrocarbon group having 1 to 4 carbon atoms or an alkoxy group having 1 to 4 carbon atoms, b is 0 to 10, c is 0 to 10, R.sup.1s each independently represent a monovalent hydrocarbon group having 1 to 6 carbon atoms, R.sup.2s each independently represent a divalent hydrocarbon group having 1 to 6 carbon atoms, n is 0 or 1, R.sup.3s each independently represent a divalent hydrocarbon group having 1 to 4 carbon atoms, m is 0 to 10, Rf4s each independently represent a divalent fluorinated hydrocarbon group having 1 to 4 carbon atoms, and p is 10 to 100 (the reactive group of formula (B) of example 5).
Regarding claim 9, Yamane discloses the spectacle lens according to claim 1, wherein the reactive group is at least one selected from the group consisting of a hydroxy group, a vinyl group, a silyl group, an epoxy group, and an alkoxy group (see example 5 compound (B)).
Regarding claim 11, Yamane discloses the spectacle lens according to claim 8, Yamane further discloses wherein (ORf4)p in formula (2) is a group represented by formula (f4-1):
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in which a is 0 to 100, b is 0 to 100, c is 0 to 100, and a+b+c is 10 to 200 (see formula (C) of example 5 of Yamane, R20=-CF3, n=O, 0Rf4=-(0CF2CF2)q1-(OCF2)p1, p1 +q1 =145, Rf5= -CF3, or see the examples of D3 RD20=-CF3, n=0, 0Rf4=(0CF2)q-(O(CF2h)p, p+q=45, Rf5= -CF3).
Regarding claim 12, Yamane discloses the spectacle lens according to claim 8, Yamane further discloses wherein the compound (C) is represented by formula (3) in which R.sup.20 represents a monovalent hydrocarbon group having 1 to 20 carbon atoms or a fluorinated alkyl group having 1 to 20 carbon atoms, R.sup.2s each independently represent a divalent hydrocarbon group having 1 to 6 carbon atoms, n is 0 or 1, R.sup.3s each independently represent a divalent hydrocarbon group having 1 to 4 carbon atoms, m is 0 to 10, Rf.sup.4s each independently represent a divalent fluorinated hydrocarbon group having 1 to 4 carbon atoms, p is 10 to 100, and Rf.sup.5 represents a fluorinated alkyl group having 1 to 20 carbon atoms (see formula (C) of example 5 of Yamane, R20=-CF3, n=O, 0Rf4=-(0CF2CF2)q1-(OCF2)p1, p1 +q1 =145, Rf5 = -CF3).
Regarding claim 13, Yamane discloses the spectacle lens according to claim 12, Yamane further discloses wherein (ORf4), in formula (3) is a group represented by formula (f4-1): in which a is 0 to 100, b is 0 to 100, c is 0 to 100, and a+b+c is 10 to 100 (in view of the composition in the example 5).
Regarding claim 15, Yamane discloses the spectacle lens according to claim 1, wherein a base component of surface free energy of the antifouling layer is more than 0.95 mJ/m2 (the free energy of a base component is calculated based on the Lewis acid-base theory method, using the dispersibility, acid component and base component as variable. Therefore, setting the base component to more than 0.95 mJ/m2 is a matter that could have been designed as appropriate by a person skilled in the art on the basis of the theory).
Regarding claim 16, Yamane discloses an antifouling agent composition comprising:
- a compound (A) having a silyl group and a fluorinated alkyl group (see example 5 compound (A):
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- a compound (B) having a silyl group at one end and a reactive group at the other end
(see example 5 compound (B):
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; and
- a chain fluorine compound (C) having no reactive group (see example 5 compound (C)
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Regarding claim 17, Yamane discloses an spectacle lens (glass substrates have been coated with the antifouling agent (Gorilla TM glass, see experimental section column 21, lines 10-33), a lens can be coated by the antifouling agents, see column 15, lines 22-23 "eyeglass lenses" "lenses of spectacles") and method thereof comprising:
forming an antifouling layer on a spectacle lens with an antifouling agent composition (column 4, lines 44-55 and example 6) comprising:
- a compound (A) having a silyl group and a fluorinated alkyl group (see example 5 compound (A):
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- a compound (B) having a silyl group at one end and a reactive group at the other end
(see example 5 compound (B):
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; and
- a chain fluorine compound (C) having no reactive group (see example 5 compound (C)
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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 (i.e., changing from AIA to pre-AIA ) 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, 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.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Yamane et al.(US 9771384 B2) as applied to claim 1 above, in view of Habassi et al. (WO2009047426 hereafter Habassi).
Yamane discloses the spectacle lens according to claim 1. Yamane does not disclose wherein a total value of surface free energy of the antifouling layer is more than 10.0 mJ/m2. In view of the composition in the example 5 of Yamane and the similarity of the methods to produce the products in Yamane reference, the value of the parameters of claim 13 are considered to be implicitly in the same range. However, Habassi discloses a Method For Preparing Lens Surface With Antifouling Coating For Edging Of The Lens and teaches wherein a total value of surface free energy of the antifouling layer is more than 10.0 mJ/m2 ([par.[0033], [0060)]). Therefore, it would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention, to apply teaching of Habassi to device of Yamane for purpose of coating antifouling layer on substrate surface.
Allowable Subject Matter
1. Claims 6, 7 and 10 are 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.
2. The following is a statement of reasons for the indication of allowable subject matter: (claim 6) wherein the compound (A) is represented by formula (1):
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in which R1s each independently represent a monovalent hydrocarbon group having 1 to 6 carbon atoms, R2s each independently represent a divalent hydrocarbon group having 1 to 6 carbon atoms, n is 0 or 1, R3s each independently represent a divalent hydrocarbon group having 1 to 4 carbon atoms, m is 0 to 10, Rf4s each independently represent a divalent fluorinated hydrocarbon group having 1 to 4 carbon atoms, p is 10 to 100, and Rf5 represents a fluorinated alkyl group having 1 to 20 carbon atoms.
Conclusion
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/TUYEN TRA/ Primary Examiner, Art Unit 2872