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 04/10/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 13-16 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 13 recites the limitation "the substrate" on line 2 of claim 13. There is insufficient antecedent basis for this limitation in the claim.
Claims 14-16 depend, directly or indirectly, on claim 13; hence they are also rejected based on the same ground of rejection/s.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2, 4-9, 11-13, and 15-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-34 of U.S. Patent No. US 12077467 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-2, 4-9, 11-13, and 15-40 anticipated by claims 1-34 of U.S. Patent No. US 12077467 B2 as followed.
Pending claims
Patented claims
1. A porous film comprising: a plurality of silicon oxide particles; an inorganic binder; and at least one acid selected from the group consisting of the following formulae (1) to (4):
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wherein A1 in the formula (1) denotes COOH, and n denotes an integer in the range of 2 to 8,one of A2 and A3 in the formula (2) denotes SO3H or PO3H2, and the other denotes an acidic group selected from the group consisting of SO3H, PO3H2, COOH, and OH, and R denotes a divalent organic group having 1 to 20 carbon atoms, at least one of A2, A3, and A4 in the formula (3) denotes SO3H or PO3H2, and the other denotes an acidic group selected from the group consisting of SO3H, PO3H2, COOH, and OH, and R denotes a trivalent organic group having 1 to 20 carbon atoms, and at least one of A2, A3, A4, and A5 in the formula (4) denotes SO3H or PO3H2, and the other denotes an acidic group selected from the group consisting of SO3H, PO3H2, COOH, and OH, and R denotes a tetravalent organic group having 1 to 20 carbon atoms.
2. The porous film according to claim 1, wherein the plurality of silicon oxide particles is bound by an inorganic binder.
11. A member comprising: a base material; and a porous film above the base material, wherein the porous film is the porous film according to claim 1.
1. A member having a porous layer on a substrate, wherein the porous layer contains a plurality of silicon oxide particles bound by an inorganic binder and at least one acid selected from the group consisting of the following formulae (1) to (4):
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wherein A1 in the formula (1) denotes COOH, and n denotes an integer in the range of 2 to 8, one of A2 and A3 in the formula (2) denotes SO3H or PO3H2, and the other denotes an acidic group selected from the group consisting of SO3H, PO3H2, COOH, and OH, and R denotes a divalent organic group having 1 to 20 carbon atoms, at least one of A2, A3, and A4 in the formula (3) denotes SO3H or PO3H2, and the other denotes an acidic group selected from the group consisting of SO3H, PO3H2, COOH, and OH, and R denotes a trivalent organic group having 1 to 20 carbon atoms, and at least one of A2, A3, A4, and A5 in the formula (4) denotes SO3H or PO3H2, and the other denotes an acidic group selected from the group consisting of SO3H, PO3H2, COOH, and OH, and R denotes a tetravalent organic group having 1 to 20 carbon atoms.
4. The porous film according to claim 1, wherein the plurality of silicon oxide particles are hollow silicon oxide particles or chainlike silicon oxide particles.
2. The member according to claim 1, wherein the silicon oxide particles are hollow silicon oxide particles or chainlike silicon oxide particles.
5. The porous film according claim 4, wherein the plurality of silicon oxide particles are hollow silicon oxide particles, and the hollow silicon oxide particles have an average particle size in the range of 15 to 300 nm.
3. The member according to claim 2, wherein the silicon oxide particles are hollow silicon oxide particles, and the hollow silicon oxide particles have an average particle size in the range of 15 to 300 nm.
6. The porous film according to claim 4, wherein the plurality of silicon oxide particles are chainlike silicon oxide particles, and primary particles constituting the chainlike silicon oxide particles have a short diameter in the range of 8 to 20 nm and a long diameter in the range of 1.5 to 3.0 times the short diameter.
4. The member according to claim 2, wherein the silicon oxide particles are chainlike silicon oxide particles, and primary particles constituting the chainlike silicon oxide particles have a short diameter in the range of 8 to 20 nm and a long diameter in the range of 1.5 to 3.0 times the short diameter.
7. The porous film according to claim 1, wherein the inorganic binder is a silicon oxide compound.
5. The member according to claim 1, wherein the inorganic binder is a silicon oxide compound.
8. The porous film according to claim 1, wherein the porous film has a refractive index in the range of 1.20 to 1.30.
6. The member according to claim 1, wherein the porous layer has a refractive index in the range of 1.20 to 1.30.
9. The porous film according to claim 1, wherein pure water on a surface of the porous film has a contact angle in the range of 3 to 20 degrees.
12. The member according to claim 11, wherein pure water on a surface of the porous film opposite the substrate has a contact angle in the range of 3 to 20 degrees.
7. The member according to claim 1, wherein pure water on a surface of the porous layer opposite the substrate has a contact angle in the range of 3 to 20 degrees.
13. The member according to claim 11, further comprising an intermediate layer between the substrate and the porous film.
8. The member according to claim 1, further comprising an intermediate layer between the substrate and the porous layer.
15. The member according to claim 13, wherein the intermediate layer includes an inorganic compound layer or a polymer layer.
16. The member according to claim 13, wherein the intermediate layer includes a high-refractive-index layer with a relatively high refractive index and a low-refractive-index layer with a relatively low refractive index alternately stacked.
9. The member according to claim 8, wherein the intermediate layer includes an inorganic compound layer or a polymer layer.
10. The member according to claim 8, wherein the intermediate layer includes a high-refractive-index layer with a relatively high refractive index and a low-refractive-index layer with a relatively low refractive index alternately stacked.
17. The member according to claim 11, further comprising a functional layer on a surface of the porous film opposite the substrate.
11. The member according to claim 1, further comprising a functional layer on a surface of the porous layer opposite the substrate.
18. The member according to claim 17, wherein the functional layer is an antifouling layer, and the antifouling layer is one of a fluoropolymer-containing layer, a fluorosilane monolayer, and a layer containing titanium oxide particles.
12. The member according to claim 11, wherein the functional layer is an antifouling layer, and the antifouling layer is one of a fluoropolymer-containing layer, a fluorosilane monolayer, and a layer containing titanium oxide particles.
19. The member according to claim 17, wherein the functional layer is a hydrophilic layer, and the hydrophilic layer is a layer containing a polymer with a zwitterionic hydrophilic group.
13. The member according to claim 11, wherein the functional layer is a hydrophilic layer, and the hydrophilic layer is a layer containing a polymer with a zwitterionic hydrophilic group.
20. An optical apparatus comprising: a housing; and an optical system composed of a plurality of lenses in the housing, wherein at least one of the lenses is the member according to claim 11.
14. An optical apparatus comprising: a housing; and an optical system composed of a plurality of lenses in the housing, wherein the lenses are the members according to claim 1.
21. An imaging apparatus comprising: a housing; an optical system composed of a plurality of lenses in the housing; and an imaging device for receiving light passing through the optical system, wherein at least one of the lenses is the member according to claim 11.
15. An imaging apparatus comprising: a housing; an optical system composed of a plurality of lenses in the housing; and an imaging device for receiving light passing through the optical system, wherein the lenses are the members according to claim 1.
22. A lens filter comprising: a frame; and a filter member supported by the frame, wherein the filter member is the member according to claim 11.
16. A lens filter comprising: a frame; and a filter member supported by the frame, wherein the filter member is the member according to claim 1.
23. A shield comprising: a light-transmitting member; and a holder for holding the light-transmitting member, wherein the holder has a structure for fixing the light-transmitting member to a user such that the light-transmitting member covers at least part of user's face, and wherein the light-transmitting member is the member according to claim 11.
24. A coating liquid comprising: a plurality of silicon oxide particles; a solvent; and at least one acid selected from the group consisting of the following formulae (1) to (4):
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wherein A1 in the formula (1) denotes COOH, and n denotes an integer in the range of 2 to 8, one of A2 and A3 in the formula (2) denotes SO3H or PO3H2, and the other denotes an acidic group selected from the group consisting of SO3H, PO3H2, COOH, and OH, and R denotes a divalent organic group having 1 to 20 carbon atoms, at least one of A2, A3, and A4 in the formula (3) denotes SO3H or PO3H2, and the other denotes an acidic group selected from the group consisting of SO3H, PO3H2, COOH, and OH, and R denotes a trivalent organic group having 1 to 20 carbon atoms, and at least one of A2, A3, A4, and A5 in the formula (4) denotes SO3H or PO3H2, and the other denotes an acidic group selected from the group consisting of SO3H, PO3H2, COOH, and OH, and R denotes a tetravalent organic group having 1 to 20 carbon atoms.
17. A shield comprising: a light-transmitting member; and a holder for holding the light-transmitting member, wherein the holder has a structure for fixing the light-transmitting member to a user such that the light-transmitting member covers at least part of user's face, and the light-transmitting member is the member according to claim 1.
18. A coating liquid comprising: silicon oxide particles; an organic solvent; and at least one acid selected from the group consisting of the following formulae (1) to (4):
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wherein A1 in the formula (1) denotes COOH, and n denotes an integer in the range of 2 to 8, one of A2 and A3 in the formula (2) denotes SO3H or PO3H2, and the other denotes an acidic group selected from the group consisting of SO3H, PO3H2, COOH, and OH, and R denotes a divalent organic group having 1 to 20 carbon atoms, at least one of A2, A3, and A4 in the formula (3) denotes SO3H or PO3H2, and the other denotes an acidic group selected from the group consisting of SO3H, PO3H2, COOH, and OH, and R denotes a trivalent organic group having 1 to 20 carbon atoms, and at least one of A2, A3, A4, and A5 in the formula (4) denotes SO3H or PO3H2, and the other denotes an acidic group selected from the group consisting of SO3H, PO3H2, COOH, and OH, and R denotes a tetravalent organic group having 1 to 20 carbon atoms.
25. The coating liquid according to claim 24, wherein the coating liquid contains a component serving as an inorganic binder.
19. The coating liquid according to claim 18, wherein the coating liquid contains a component serving as an inorganic binder.
26. The coating liquid according to claim 24, wherein the acid content ranges from 0.05% to 10% by mass of the silicon oxide particles.
20. The coating liquid according to claim 18, wherein the acid content ranges from 0.05% to 10% by mass of the silicon oxide particles.
27. The coating liquid according to claim 26, wherein the acid content ranges from 0.1% to 2.0% by mass of the silicon oxide particles.
21. The coating liquid according to claim 20, wherein the acid content ranges from 0.1% to 2.0% by mass of the silicon oxide particles.
28. The coating liquid according to claim 24, wherein the acid has an acid dissociation constant in the range of −1.2 to 2 pKa.
22. The coating liquid according to claim 18, wherein the acid has an acid dissociation constant in the range of −1.2 to 2 pKa.
29. The coating liquid according to claim 28, wherein the acid has an acid dissociation constant in the range of −1.2 to 0.3 pKa.
23. The coating liquid according to claim 22, wherein the acid has an acid dissociation constant in the range of −1.2 to 0.3 pKa.
30. The coating liquid according to claim 24, wherein the plurality of silicon oxide particles are silicon oxide particles formed by a wet process.
24. The coating liquid according to claim 18, wherein the silicon oxide particles are silicon oxide particles formed by a wet process.
31. The coating liquid according to claim 24, wherein the plurality of silicon oxide particles are hollow particles or chainlike particles.
25. The coating liquid according to claim 18, wherein the silicon oxide particles are hollow particles or chainlike particles.
32. The coating liquid according to claim 31, wherein the plurality of silicon oxide particles are hollow particles, and the hollow particles have an average particle size in the range of 15 to 300 nm.
26. The coating liquid according to claim 25, wherein the silicon oxide particles are hollow particles, and the hollow particles have an average particle size in the range of 15 to 300 nm.
33. The coating liquid according to claim 32, wherein the plurality of silicon oxide particles are chainlike particles, and the chainlike particles have an average short diameter in the range of 8 to 20 nm and a long diameter in the range of 4 to 8 times the short diameter.
27. The coating liquid according to claim 26, wherein the silicon oxide particles are chainlike particles, and the chainlike particles have an average short diameter in the range of 8 to 20 nm and a long diameter in the range of 4 to 8 times the short diameter.
34. The coating liquid according to claim 33, wherein primary particles constituting the chainlike particles are particles with a short diameter in the range of 8 to 20 nm and with a long diameter in the range of 1.5 to 3.0 times the short diameter.
28. The coating liquid according to claim 27, wherein the primary particles constituting chainlike silicon oxide particles are particles with a short diameter in the range of 8 to 20 nm and with a long diameter in the range of 1.5 to 3.0 times the short diameter.
35. The coating liquid according to claim 24, wherein a component serving as an inorganic binder is a silicon oxide oligomer.
29. The coating liquid according to claim 18, wherein the component serving as an inorganic binder is a silicon oxide oligomer.
36. The coating liquid according to claim 24, wherein a component serving as an inorganic binder constitutes 0.2% to 20% by mass of the silicon oxide particles.
30. The coating liquid according to claim 18, wherein the component serving as an inorganic binder constitutes 0.2% to 20% by mass of the silicon oxide particles.
37. The coating liquid according to claim 24, wherein 30% or more by mass of the solvent is a water-soluble solvent having 4 to 6 carbon atoms and a hydroxy group.
38. The coating liquid according to claim 37, wherein the solvent contains at least one solvent selected from the group consisting of ethoxyethanol, propoxyethanol, isopropoxyethanol, butoxyethanol, 1-methoxy-2-propanol, 1-ethoxy-2-propanol, 1-propoxy-2-propanol, ethyl lactate, and 3-methoxy-1-butanol.
31. The coating liquid according to claim 18, wherein 30% or more by mass of the solvent is a water-soluble solvent having 4 to 6 carbon atoms and a hydroxy group.
32. The coating liquid according to claim 31, wherein the solvent contains at least one solvent selected from the group consisting of ethoxyethanol, propoxyethanol, isopropoxyethanol, butoxyethanol, 1-methoxy-2-propanol, 1-ethoxy-2-propanol, 1-propoxy-2-propanol, ethyl lactate, and 3-methoxy-1-butanol.
39. A method for manufacturing a member, comprising the steps of: applying a coating liquid to a substrate; and drying and/or baking the substrate to which the coating liquid has been applied, wherein the coating liquid is the coating liquid according to claim 24.
33. A method for manufacturing a member, comprising the steps of: applying a coating liquid to a substrate; and drying and/or baking the substrate to which the coating liquid has been applied, wherein the coating liquid is the coating liquid according to claim 18.
40. The method for manufacturing a member according to claim 39, wherein the coating liquid is applied by a spin coating method in the step of applying a coating liquid to a substrate.
34. The method for manufacturing a member according to claim 33, wherein the coating liquid is applied by a spin coating method in the step of applying a coating liquid to a substrate.
Allowable Subject Matter
Claims 1-40 contain allowable subject matter/s.
Regarding claims 1 and 24, the closest prior art references, US 20170176644 A1, US 20170073524 A1, US 20160170094 A1, US 20130273317 A1, and US 20120314294 A1 do not teach, by themselves or in combination with one another, “at least one acid selected from the group consisting of the following formulae (1) to (4):
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wherein A1 in the formula (1) denotes COOH, and n denotes an integer in the range of 2 to 8, one of A2 and A3 in the formula (2) denotes SO3H or PO3H2, and the other denotes an acidic group selected from the group consisting of SO3H, P03H2, COOH, and OH, and R denotes a divalent organic group having 1 to 20 carbon atoms, at least one of A2, A3, and A4 in the formula (3) denotes SO3H or P03H2, and the other denotes an acidic group selected from the group consisting of SO3H, P03H2, COOH, and OH, and R denotes a trivalent organic group having 1 to 20 carbon atoms, and at least one of A2, A3, A4, and As in the formula (4) denotes SO3H or P03H2, and the other denotes an acidic group selected from the group consisting of SO3H, P03H2, COOH, and OH, and R denotes a tetravalent organic group having 1 to 20 carbon atoms.” Furthermore, there is no teaching, suggestion or motivation in the prior art references to modify the references in such manner that results in the above claimed limitation/s; hence the invention as claimed by claims 1 and 18 is not obvious to a person of ordinary skill in the art at the time of the invention.
Claims 2, 4-9, 11-13, 15-23 and 25-40 depend directly or indirectly on claim 1 or 24; hence they are also allowable.
Claims 3, 10, and 14 are objected to as being dependent upon a rejected base claim 1, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art references cited in PTO-892 are made of record and considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAO-LUAN Q LE whose telephone number is (571)270-5362. The examiner can normally be reached on Monday-Friday; 9:00AM-5:00PM.
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