2DETAILED 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 .
Response to Amendment
Withdrawn Rejections
The 35 U.S.C. 112(b) rejection of claims 1-8 is withdrawn due to Applicant’s clarification in the remarks section of the response filed on August 7, 2026, that the term “effect coating composition” has a special definition as provided in the first paragraph of page 2 of the specification which recites that “an object of the present invention is to provide an effect coating composition by which a coating film having excellent glossiness and high millimeter wave transmittance can be formed”.
The 35 U.S.C. 103 rejections of claims 1-8 over Itoh in view of Kainou, as the primary combination of references, are withdrawn due to Applicant’s amendment in the response filed on August 7, 2026.
New Rejections
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-2, 4-6, 8 are rejected under 35 U.S.C. 103 as being unpatentable over Itoh (US 2018/0214912) in view of Kainou (US 2020/0270461), (new embodiment).
Regarding claim 1, Itoh teaches an effect coating composition ([0129]) comprising metal particles (A) (flake-effect pigment (B) [0118] … include vapor deposition metal flake pigments [0073]), a surface conditioner (B) (surface modifier (A) [0118]), a pigment dispersant (C) ([0091]), a viscosity modifier (D) (viscosity modifier (C) [0118]), and water (E) ([0118]), the effect coating composition having a solid content percentage of 4 mass% ((0.1 part (A) [0121] + 3.0 parts (B) [0122] + 0.1 part (C) [0123]) x100/(70 parts water [0120] + 0.1 part (A) [0121] + 3.0 parts (B) [0122] + 0.1 part (C) [0123])), which is within the claimed range of from 0.1 to 15 mass%. Itoh teaches that the metal particles (A) comprise vapor deposition aluminum metal particles (flake [0073, 0076]), but fails to teach that the metal particles also comprise indium particles.
However, Kainou teaches that an effect coating composition (glitter paint [0163]) comprises indium metal particles (A) which are vapor deposition indium metal particles (thin leaf-like indium particles [0043] obtained by … vacuum vapor deposition [0071]) in place of vapor deposition aluminum metal particles (thin leaf-like aluminum particles of comparative example [0043]), for the purpose of minimizing discoloration and storage stability degradation when water is present in the effect coating composition (water-based paint [0006]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have comprised indium particles (A) in place of the aluminum particles in the effect coating composition of Itoh, in order to minimize discoloration and storage stability degradation when water is present in the effect coating composition, as taught by Kainou.
In addition, Itoh teaches that the effect coating composition contains the metal particles (A) in an amount of 94 parts by mass ((3.0 parts flake-effect pigment (B) [0122]) x100/(0.1 part (A) [0121] + 3.0 parts (B) [0122] + 0.1 part (C) [0123])), per 100 parts by mass of the solid content of the effect coating composition.
Accordingly, Itoh, as modified by Kainou, teaches that the effect coating composition contains the indium particles (A) in an amount of 94 parts by mass, per 100 parts by mass of the solid content of the effect coating composition, which is within the claimed range of from 60 to 95 parts by mass, for the purpose of minimizing discoloration and storage stability degradation when water is present in the effect coating composition, as described above.
Regarding claim 2, Itoh teaches that the surface conditioner (B) comprises a silicone-based surface conditioner (silicone-based surface modifier [0069]).
Regarding claim 4, Itoh teaches that the viscosity modifier (D) comprises an associative viscosity modifier (urethane association-type viscosity modifier [0082]).
Regarding claim 5, Itoh teaches that a content of the water (E) is in a range from 70 to 99 parts by mass of a total of all components of the effect coating composition ([0120]), which overlaps the claimed range of 50 to 95 parts by mass.
Regarding claim 6, Itoh teaches that the surface conditioner (B) comprises a silicone-based surface conditioner (silicone-based surface modifier [0069]), and a content of the water (E) is in a range from 70 to 99 parts by mass of a total of all components of the effect coating composition ([0120]), which overlaps the claimed range of 50 to 95 parts by mass.
Regarding claim 8, Itoh teaches that the viscosity modifier (D) comprises an associative viscosity modifier (urethane association-type viscosity modifier [0082]), and a content of the water (E) is in a range from 70 to 99 parts by mass of a total of all components of the effect coating composition ([0120]), which overlaps the claimed range of 50 to 95 parts by mass.
Claims 3, 7 are rejected under 35 U.S.C. 103 as being unpatentable over Itoh in view of Kainou, as applied to claims 1-2, 4-6, 8 above, and further in view of Miyashita (Clarivate Analytics English translation of JP-2001011357-A).
Itoh, as modified by Kainou, teaches the effect coating composition comprising indium particles (A), a surface conditioner (B), a pigment dispersant (C), a viscosity modifier (D), and water (E), as described above.
Regarding claim 3, Itoh teaches that the effect coating composition further comprises a phosphate group-containing compound, for the purpose of providing the metal particles (A) with the desired metallic luster (resin [0088]), but fails to teach that the phosphate group-containing compound further functions as a part of the pigment dispersant (C).
However, Miyashita teaches that an effect coating composition in which water is present (water-based glossy ink composition, claim 1, last para of page 6), further comprises a phosphate group-containing compound (polyoxyethylene alkylphenyl ether phosphate, claim 1, last para of page 6) which specifically functions as a pigment dispersant for metal particles (aluminum powder pigment, claim 1, last para of page 6), for the purpose of providing the desired durability of dispersion (easily redisperse a pigment [0032]) and metallic luster for the metal particles (metal powder pigment, last para of page 4).
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have further comprised a phosphate group-containing compound as part of the pigment dispersant (C) of the effect coating composition of Itoh, in order to obtain the desired durability of dispersion and metallic luster, as taught by Miyashita.
Regarding claim 7, Itoh teaches that a content of the water (E) is in a range from 70 to 99 parts by mass of a total of all components of the effect coating composition ([0120]), which overlaps the claimed range of 50 to 95 parts by mass.
In addition, Itoh teaches that the effect coating composition further comprises a phosphate group-containing compound, for the purpose of providing the metal particles (A) with the desired metallic luster (resin [0088]), but fails to describe the phosphate group-containing compound as a part of the pigment dispersant (C).
However, Miyashita teaches that in an effect coating composition in which water is present (water-based glossy ink composition, claim 1, last para of page 6), further comprises a phosphate group-containing compound (polyoxyethylene alkylphenyl ether phosphate, claim 1, last para of page 6) which specifically functions as a pigment dispersant for metal particles (aluminum powder pigment, claim 1, last para of page 6), for the purpose of providing the desired durability of dispersion (easily redisperse a pigment [0032]) and metallic luster for the metal particles (metal powder pigment, last para of page 4).
Therefore, it would have been obvious to one of ordinary skill in the art at the time, to have further comprised a phosphate group-containing compound as part of the pigment dispersant (C) of the effect coating composition of Itoh, in order to obtain the desired durability of dispersion and metallic luster for the metal particles (A), as taught by Miyashita.
Response to Arguments
Applicant’s arguments have been considered but are moot because of the new embodiment (of Itou, as modified by Kainou, as described above) in the new grounds of rejection.
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.
Any inquiry concerning this communication should be directed to Sow-Fun Hon whose telephone number is (571)272-1492. The examiner is on a flexible schedule but can usually be reached during a regular workweek between the hours of 10:00 AM and 6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Aaron Austin, can be reached at (571)272-8935. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/Sophie Hon/
Sow-Fun Hon
Primary Examiner, Art Unit 1782
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