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 § 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.
Claims 1-2, 5-6, 8, 10-13, 15-16, 18-20, and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Zong '096 (CN 113,025,096 A) in view of Anderson et al. (US 2016/0222179 A1).
Regarding Claim 1-2, 5-6, 8, and 10-11, Zong ‘096 discloses a composite coating comprising a coating I deposited on a substrate, wherein the coating I is a plasma-polymerized coating formed by plasma containing monomers α and β (para 0005). Zong discloses monomer α as identical to that presently claimed (paras 0007-0009, 0016-0030) and monomer β as identical to that presently claimed (paras 0010-0012, 0033-0036).
Zong ‘096 does not disclose the coating I formed from a monomer γ as presently claimed.
Anderson discloses a polymeric coating comprising organo-silicon materials provides mar resistance (para 0077) and can be applied by plasma enhanced chemical vapor deposition (para 0079). Anderson discloses the organo-silicon material may be selected from phenyltrimethoxysilane, phenyltriethoxysilane, phenyltriacetoxysilane, gamma-glycidoxypropyltrimethoxysilane, gamma-glycidoxypropyltriethoxysilane, gamma-(beta-glycidoxyethoxy)propyltrimethoxysilane, beta-(3,4-epoxycyclohexyl)ethyltrimethoxysilane, beta-(3,4-epoxycyclohexyl)ethyltriethoxysilane, phenylmethyldimethoxysilane, phenylmethyldiethoxysilane, gamma-glycidoxypropylmethyldimethoxysilane, gamma-glycidoxypropylmethyldiethoxysilane, gamma-glycidoxypropylphenyldimethoxysilane, and gamma-glycidoxypropylphenyldiethoxysilane (para 0077).
Therefore it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the present invention to modify Zong ‘096 to incorporate the teachings of Anderson to further include monomers of the organo-silicon material of Anderson (which correspond to monomer γ as presently claimed) when forming the plasma-polymerized coating I of Zong ‘096. Doing so would form a coating with mar resistance.
Regarding Claims 12-13, 15-16, and 18, Zong ‘096 in view of Anderson discloses all the limitations of the present invention according to Claim 1 above. Zong ‘096 further discloses a coating II is formed on the coating I by contacting the coating I with plasma containing monomer γ, thereby forming a plasma-polymerized coating (para 0006).
The monomer γ of Zong ‘096 corresponds to the monomer δ as presently claimed (paras 0013-0016, 0037-0038).
Zong ‘096 does not disclose the coating II formed from a monomer ε as presently claimed.
Anderson discloses organo-silicon material as set forth above.
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the present invention to further modify Zong ‘096 to incorporate the teachings of Anderson to further include monomers of the organo-silicon material of Anderson (which correspond to monomer ε as presently claimed) when forming the plasma-polymerized coating II of Zong ‘096. Doing so would form a coating with mar resistance.
Regarding Claim 19, Zong ‘096 in view of Anderson discloses all the limitations of the present invention according to Claim 16 above, including that coatings I and II are each formed from monomers of the organo-silicon material of Anderson, such as phenyltrimethoxysilane (para 0077).
Regarding Claims 20 and 22, Zong ‘096 in view of Anderson discloses all the limitations of the present invention according to Claim 16 above, including that coatings I and II are each formed from monomers of the organo-silicon material of Anderson, such as gamma-glycidoxypropyltrimethoxysilane, gamma-glycidoxypropyltriethoxysilane, beta-(3,4-epoxycyclohexyl)ethyltrimethoxysilane, beta-(3,4-epoxycyclohexyl)ethyltriethoxysilane, gamma-glycidoxypropylmethyldimethoxysilane, and gamma-glycidoxypropylmethyldiethoxysilane (para 0077).
Regarding Claim 23, Zong ‘096 in view of Anderson discloses all the limitations of the present invention according to Claim 1 above. Zong ‘096 further discloses the substrate may be an electronic or electrical component, such as a display (i.e. optical device), and may comprise plastic, fabric, or glass (paras 0111-0112).
Claims 1-2, 5-6, 8, 10-13, 15-16, 18, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Zong ‘096 (CN 113025096) in view of Zong ‘421 (US 2019/0338421 A1).
Regarding Claims 1-2, 5-6, 8, and 10-11, Zong ‘096 discloses a composite coating comprising a coating I deposited on a substrate, wherein the coating I is a plasma-polymerized coating formed by plasma containing monomers α and β (para 0005). Zong discloses monomer α as identical to that presently claimed (paras 0007-0009, 0016-0030) and monomer β as identical to that presently claimed (paras 0010-0012, 0033-0036).
Zong ‘096 does not disclose the coating I formed from a monomer γ as presently claimed.
Zong ‘421 discloses plasma polymerization coating (para 0135) that includes organosilicon monomer such as phenyltriethoxysilane, phenyltris (trimethylsiloxy) silane, or diphenyl diethoxysilane (which correspond to presently claimed monomer γ), and produces a wear resistant coating (para 0139).
It would have been obvious to one of ordinary skill in the art prior to the filing date of the present invention to modify Zong ‘096 to incorporate the teachings of Zong ‘421 and further include one of the above organosilicon monomers of Zong ‘421 when forming the plasma polymerization composite coating I of Zong ‘096. Doing so would produce a coating with wear resistance.
Regarding Claims 12-13, 15-16, and 18, Zong ‘096 in view of Zong ‘421 discloses all the limitations of the present invention according to Claim 1 above. Zong ‘096 further discloses a coating II is formed on the coating I by contacting the coating I with plasma containing monomer γ, thereby forming a plasma-polymerized coating (para 0006).
The monomer γ of Zong ‘096 corresponds to the monomer δ as presently claimed (paras 0013-0016, 0037-0038).
Zong ‘096 does not disclose the coating II formed from a monomer ε as presently claimed.
Zong ‘421 discloses organosilicon monomer as set forth above.
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the present invention to further modify Zong ‘096 to incorporate the teachings of Zong ‘421 to further include one of the above organosilicon monomers of Zong ‘421 when forming the plasma polymerization composite coating I of Zong ‘096. Doing so would produce a coating with wear resistance.
Regarding Claim 23, Zong ‘096 in view of Zong ‘421 discloses all the limitations of the present invention according to Claim 1 above. Zong ‘096 further discloses the substrate may be an electronic or electrical component, such as a display (i.e. optical device), and may comprise plastic, fabric, or glass (paras 0111-0112).
Response to Arguments
Applicant's arguments filed 06/24/2026 have been fully considered but they are not persuasive.
Applicant argues that Anderson’s mar resistant coating can be formed from a broader list on monomers than the monomer gamma as claimed, and does not teach the use of all the claimed monomers simultaneously.
However, Anderson specifically discloses monomers corresponding to the claimed monomer gamma, with motivation to combine with Zong ‘096 (i.e. mar resistance), and Anderson is used to further incorporate the monomer gamma into Zong ‘096, which already uses monomers alpha and beta as claimed.
Applicant argues that while Anderson teaches a mar resistant coating, there is no disclosure of the corrosion resistance that is achieve by the use of claimed monomer gamma in the present invention.
However, the motivation to combine the prior art is not required to be the motivation of the present application, there is no requirement of corrosion resistance in the present claims, and applicant has presented no evidence showing the criticality of the claimed monomer gamma to achieve a desired corrosion resistance. Further, since Zong ‘096 in view of Anderson discloses composite coating as presently claimed, including monomers alpha, beta, and gamma as presently claimed, it would necessarily have the desired corrosion resistance, absent evidence to the contrary.
Applicant argues that the coating of Zong ‘421 can be formed from a broader list on monomers than the monomer gamma as claimed, and does not teach the use of all the claimed monomers simultaneously.
However, Zong ‘421 specifically discloses monomers corresponding to the claimed monomer gamma, with motivation to combine with Zong ‘096 (i.e. wear resistance), and Zong ‘421 is used to further incorporate the monomer gamma into Zong ‘096, which already uses monomers alpha and beta as claimed.
Applicant argues that while Zong ‘421 teaches a wear resistant coating, there is no disclosure of the corrosion resistance that is achieved by the use of claimed monomer gamma in the present invention.
However, the motivation to combine the prior art is not required to be the motivation of the present application, there is no requirement of corrosion resistance in the present claims, and applicant has presented no evidence showing the criticality of the claimed monomer gamma to achieve a desired corrosion resistance. Further, since Zong ‘096 in view of Zong ‘421 discloses composite coating as presently claimed, including monomers alpha, beta, and gamma as presently claimed, it would necessarily have the desired corrosion resistance, absent evidence to the contrary.
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 BETHANY M MILLER whose telephone number is (571)272-2109. The examiner can normally be reached M-F 8:00-4:00.
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/BETHANY M MILLER/Examiner, Art Unit 1787
/CALLIE E SHOSHO/Supervisory Patent Examiner, Art Unit 1787
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