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 .
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.
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.
Claim(s) 1-7 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boesmann et al (US 20080028777; hereinafter Boesmann).
The abstract, paragraphs [0001]-[0004], [0043]-[0044], [0053]-[0068], [0134]-[0140], and [0218]-[0235] of Boesmann discloses a moisture control material having a triazolium-phosphate salt structure similar to that recited in claims 1-7 and 11.
Claim(s) 1-7 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schwab et al (US 20100084597; hereinafter Schwab).
The abstract, paragraphs [0015], [0019]-[0020], [0049], [0074]-[0099], and [0120]-[0152] of Schwab discloses a moisture control material having a triazolium-phosphate salt structure similar to that recited in claims 1-7 and 11.
Claim(s) 1-7 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shiflett et al (US 20070295478; hereinafter Shiflett).
The abstract, paragraphs [0092], [0094]-[0127], and claims 10, 14 of Shiflett discloses a moisture control material having a triazolium-phosphate salt structure similar to that recited in claims 1-7 and 11.
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.
Claim(s) 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Boesmann et al (US 20080028777; hereinafter Boesmann).
As regarding claims 8-10, Boesmann discloses all of limitations as set forth above. Boesmann discloses the claimed invention except for wherein a solution of the salt composed of triazolium cations and phosphate ester anions has a viscosity of 50 mPa⋅s or less at 25°C; an equilibrium water vapor pressure at 25°C of 100 hPa or less, and an equilibrium water vapor pressure at 50°C of 200 hPa or more; and a value as difference between the equilibrium water vapor pressure at 25°C and the equilibrium water vapor pressure at 50°C (ΔVP50-25) of 50 hPa or more. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein a solution of the salt composed of triazolium cations and phosphate ester anions has a viscosity of 50 mPa⋅s or less at 25°C; an equilibrium water vapor pressure at 25°C of 100 hPa or less, and an equilibrium water vapor pressure at 50°C of 200 hPa or more; and a value as difference between the equilibrium water vapor pressure at 25°C and the equilibrium water vapor pressure at 50°C (ΔVP50-25) of 50 hPa or more in order to enhance control material performance, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Conclusion
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/DUNG H BUI/ Primary Examiner, Art Unit 1773
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