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 § 103
Claims 1, 2, 5-7, and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Mikayama et al. (US 2018/0001599) in view of Kurihashi et al. (JP 2016-120723).
Mikayama is directed an interlayer film for laminated glass (paragraph 0001). The interlayer comprises three layers, a first layer provided between second and third layers (paragraph 0069 and Figure 1).
In the embodiment of Example 1, the second and third layers (i.e., the surface layers of the interlayer film) comprise polyvinyl acetal resin, triethylene glycol di-2-ethylhexanoate plasticizer, and an ultraviolet ray screening agent (paragraph 0217-0218).
Mikayama does not teach the use of a compound according to formula (X12) of instant claim 1 as the ultraviolet ray screening agent. However, Mikayama does teach that their ultraviolet ray screening agent preferably has a benzotriazole structure (paragraph 0156), with
Kurihashi is directed to a laminated glass sheet (paragraph 0001). The laminate may contain an ultraviolet absorber, such as a benzotriazole-based absorber (paragraph 0068). A suitable benzotriazole-based absorber is 2-(2-hydroxy-5-t-butylphenyl)-2H-benzotriazole - i.e., Tinuvin™ PS (paragraph 0070). This compound has the same structure as formula (X12) of instant claim 1.
It would have been obvious to one of ordinary skill in the art to use 2-(2-hydroxy-5-t-butylphenyl)-2H-benzotriazole as the ultraviolet ray screening agent of Mikayama since the courts have held the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination (see MPEP 2144.07), and Kurihashi shows that 2-(2-hydroxy-5-t-butylphenyl)-2H-benzotriazole is known to be used as an ultraviolet absorber in laminated glass.
Regarding claim 5, Mikayama teaches that the ultraviolet ray screening agent may be added at a concentration of 0.2% by weight or more (paragraph 0165). Since this range overlaps the range recited in claim 5, a prima facie case of obviousness exists. See MPEP 2144.05.
Regarding claim 7, based on the solubility parameters for triethylene glycol di-2-ethylhexanoate and 2-(2-hydroxy-5-t-butylphenyl)-2H-benzotriazole reported in Table 1 on page 92 of the instant specification, the absolute value of the difference between the solubility parameters is |16.9-21.3| = 4.4 MPa0.5.
Regarding claims 11-13, one of ordinary skill in the art would expect the transmittance at wavelengths of 300 to 350 nm, the ultraviolet transmittance, and the yellow index to be a function of the type and amount of materials used. Since Mikayama et al. taken in view of Kurihashi et al. suggests the same resin, ultraviolet absorber, and plasticizer used in overlapping amounts, one of ordinary skill in the art would expect the resulting product to inherently satisfy the limitations of claims 11-13.
Regarding claim 14, one of ordinary skill in the art would expect haze to be a function of the materials used as well as the presence of a light control film (see paragraph 0179 on page 76 of the instant specification). Since Mikayama taken in view of Kurihashi employs the same resin, ultraviolet absorber, and plasticizer as the instant invention and do not require the presence of a light control film, one of ordinary skill in the art would expect them to have a haze that satisfies the limitations of claim 14.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/RAMSEY ZACHARIA/Primary Examiner, Art Unit 1787
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