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 .
Claim Rejections - 35 USC § 103
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20200170150 A1 (OKADA; Mika et al.)
Per claim 1, Okada teaches a near-infrared absorbing particles [see paragraph 0023: “In one aspect of the present invention, it is possible to provide an electromagnetic wave absorbing particle dispersoid having an excellent transmission characteristic for near-infrared rays having a wavelength of 850 nm while controlling the solar transmittance”], comprising: intergrowth tungsten bronze crystals [see paragraph 0050: “the added amount of the element(s) M and the amount of oxygen deficiency correlate with the lattice constants of the tungsten bronze crystal”] in which tungsten oxide and hexagonal tungsten bronze coexist in a band pattern [see paragraph 0054: “structural changes in tungsten bronze having hexagonal crystals expressed by the general formula M.sub.xWO.sub.3-y were precisely analyzed with a Rietveld method using XRD patterns when the added amount x of the element(s) M and the amount y of oxygen deficiency were changed”], wherein a Cs/W ratio by mole of cesium (Cs) and tungsten (W) contained in the near- infrared absorbing particles is 0.01 or more and less than 0.20, and an O/W ratio by mole of oxygen (O) and tungsten (W) contained in the near-infrared absorbing particles is 2.6 or more and less than 2.99 [see paragraph 0115: “Note that as the raw material mixture, WO.sub.3; one or more species selected from among M.sub.2CO.sub.3 and M.sub.2WO.sub.4 (where the element(s) M includes at least one or more species selected from among K, Rb, and Cs); and one or more species selected from among a simple substance of tungsten and a tungsten oxide whose atomic number ratio of O/W is less than 3 may be included, and x as the atomic number ratio M/W of the element(s) M and W may be set to be 0.15≤x≤0.33”].
Okada does not teach the claimed range. However, the courts have held overlapping ranges to be at least obvious. Improved infrared absorbing characteristics would have been an expected benefit. Therefore, prior to the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art.
Per claim 2, Okada teaches the near-infrared absorbing particles according to claim 1, wherein one or more selected from the group consisting of the tungsten oxide and the hexagonal tungsten bronze have an oxygen deficiency [see paragraph 0023: “In one aspect of the present invention, it is possible to provide an electromagnetic wave absorbing particle dispersoid having an excellent transmission characteristic for near-infrared rays having a wavelength of 850 nm while controlling the solar transmittance”].
Per claim 3, Okada teaches the near-infrared absorbing particles according to claim 1, wherein the tungsten oxide is tungsten trioxide (WO3) [see paragraph 0028: “hexagonal M.sub.xWO.sub.3 has been proposed as tungsten bronze.”]
Per claim 4, Okada teaches the near-infrared absorbing particles according to claim 1, wherein a part of cesium contained in the hexagonal tungsten bronze is substituted with an additive element, and the additive element is one or more selected from the group consisting of Na, T1, In, Li, Be, Mg, Ca, Sr, Ba, Al, and Ga [see paragraph 0047: “It is also possible that the element(s) M further includes one or more species selected from among Na, Tl, In, Li, Be, Mg, Ca, Sr, Ba, Al, and Ga as an additive element(s).”]
Per claim 5, Okada teaches the near-infrared absorbing particles according claim 1, wherein an average particle diameter of the near-infrared absorbing particles is 0.1 nm or more and 200 nm or less [see paragraph 0098: “the mean particle diameter of electromagnetic wave absorbing particles according to the present embodiment is not limited in particular, it is favorable to be greater than or equal to 0.1 nm and less than or equal to 100 nm.”]
Per claim 6, Okada teaches the near-infrared absorbing particles according claim 1, wherein surfaces of the near-infrared absorbing particles are modified with a compound containing one or more atoms selected from the group consisting of Si, Ti, Zr, and Al [see paragraph 0102: “surface treatment may be applied to electromagnetic wave absorbing particles according to the present embodiment for purposes including surface protection, durability improvement, oxidation protection, water resistance improvement, and the like. Although the specific contents of surface treatment are not limited in particular, for example, the surface of an electromagnetic wave absorbing particle according to the present embodiment can be modified with a compound containing one or more species of elements selected from among Si, Ti, Zr, and Al.”]
Per claim 7, Okada teaches a production method for the near-infrared absorbing particles according to claim 1, the production method comprising: mixing a cesium-containing compound and a tungsten thereby preparing a raw material mixture; and heating and crystallizing the raw material mixture in a reducing gas atmosphere at 350°C or higher and 950°C or lower, wherein in the mixing[[ stage]], the raw material mixture is prepared such that a Cs/W ratio by mole of cesium (Cs) and tungsten (W) contained in the raw material mixture is 0.01 or more and 0.20 or less [see paragraphs 0107-0108: “the manufacturing method of electromagnetic wave absorbing particles according to the present embodiment may include a heating step in which a mixture of raw materials containing the element(s) M (where the element(s) M includes at least one or more species selected from among K, Rb, and Cs) and W, where the atomic ratio M/W between the element(s) M and W is x (0.15≤x≤0.33) are heated at a solid-phase reaction temperature higher than or equal to 400° C. and lower than or equal to 650° C. in the air stream of a reducing gas to cause a solid-phase reaction…a homogenization step of performing heat treatment at a temperature higher than the solid-phase reaction temperature, e.g., higher than or equal to 700° C. and lower than or equal to 900° C.”]
Per claim 8, Okada teaches the production method according to claim 7, further comprising: heating powder obtained in the reducing heating and crystallizing at 300°C or higher and 550°C or lower in a low-oxygen- concentration atmosphere [see paragraph 0111: “In the heating step, M.sub.xWO.sub.3-y as tungsten bronze can be prepared by heating at a solid-phase reaction temperature higher than or equal to 400° C. and lower than or equal to 650° C. in a gas stream of a reducing gas to cause a solid-phase reaction.”]
Per claim 9, Okada teaches a near-infrared absorbing particle dispersion liquid, comprising: the near-infrared absorbing particles of claim 1; and a liquid medium that is one or more selected from the group consisting of water, an organic solvent, fats and oils, a liquid resin, and a liquid plasticizer [see paragraph 0162: “As the organic solvent as the liquid medium, it is possible to make a selection from among a variety of solvents such as alcohol-based, ketone-based, hydrocarbon-based, and glycol-based solvents. Specifically, alcohol-based solvents such as isopropyl alcohol, methanol, ethanol, 1-propanol, isopropanol, butanol, pentanol, benzyl alcohol, diacetone alcohol, and 1-methoxy-2-propanol; ketone-based solvents such as dimethyl ketone, acetone, methyl ethyl ketone, methyl propyl ketone, methy isobutyl ketone, cyclohexanone, and isophorone; ester-based solvents such as 3-methyl-methoxy-propionate and butyl acetate; glycol derivatives such as ethylene glycol monomethyl ether, ethylene glycol monoethyl ether, ethylene glycol isopropyl ether, propylene glycol monomethyl ether, propylene glycol monoethyl ether, propylene glycol methyl ether acetate, and propylene glycol ethyl ether acetate; amides such as formamide, N-methylformamide, dimethylformamide, dimethylacetamide, and N-methyl-2-pyrrolidone; aromatic hydrocarbons such as toluene and xylene; halogenated hydrocarbons such as ethylene chloride and chlorobenzene; and the like may be listed.”]
Per claim 10, Okada teaches the near-infrared absorbing particle dispersion liquid according to claim 9, wherein a content of the near-infrared absorbing particles in the near-infrared absorbing particle dispersion liquid is 0.01% by mass or more and 80% by mass or less [see paragraph 0167: “Further, it is favorable that the concentration of electromagnetic wave absorbing particles with respect to the liquid medium in the electromagnetic wave absorbing particle dispersion liquid is set to be greater than or equal to 1 mass % and less than or equal to 50 mass %.”]
Per claims 11-13, Okada teaches a near-infrared absorbing particle dispersion, comprising: the near-infrared absorbing particles of claim 1, but lacks a solid resin medium wherein the resin is one resin selected from a resin group consisting of a polyester resin, a polycarbonate resin, an acrylic resin, a styrene resin, a polyamide resin, a polyethylene resin, a vinyl chloride resin, an olefin resin, an epoxy resin, a polyimide resin, a fluororesin, an ethylene-vinyl acetate copolymer, a polyvinyl acetal resin, and an ultraviolet curable resin, or a mixture of two or more resins selected from the resin group. However, official notice is taken that it would have been a matter of routine skill in art to substitute the liquid medium for a solid resin medium formed from the above materials in order to simplify manufacturing. Therefore, prior to the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art.
Per claim 14, Okada teaches the near-infrared absorbing particle dispersion according to claim 1, wherein the near-infrared absorbing particle dispersion has a sheet shape, a board shape, or a film shape [see paragraph 0180: “By uniformly mixing an electromagnetic wave absorbing particle dispersion powder or a masterbatch into a transparent resin, an electromagnetic wave absorbing particle dispersoid having a sheet shape, a board shape, or a film shape can be manufactured.”]
Per claim 15, Okada teaches the near-infrared absorbing particle dispersion according to claim 11, but lacks a cross section of L*=92±1 of a Hunter color index, the near-infrared absorbing particle dispersion satisfies a solar radiation transmittance of 65% or lower and b"≥1.6xa"+8.0. However, official notice is taken that it would have been a matter of routine skill in art adjust the particle such that a cross section of L*=92±1 of a Hunter color index, the near-infrared absorbing particle dispersion satisfies a solar radiation transmittance of 65% or lower and b"≥1.6xa"+8.0 in order to improve absorption and transparency. Therefore, prior to the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art.
Per claim 16, Okada teaches a near-infrared absorbing stack, comprising: the near-infrared absorbing particle dispersion of claim 11; and a transparent base, the near-infrared absorbing particle dispersion and the transparent base forming a stacked structure [see paragraph 0185: “Meanwhile, in the case of using an electromagnetic wave absorbing particle dispersoid according to the present embodiment as an intermediate layer of an electromagnetic wave absorbing laminated transparent base material, which will be described later, from the viewpoint of adhesion to a transparent base material, weather resistance, and penetration resistance, as the thermoplastic resin, it is favorable to use polyvinyl acetal resin or ethylene-vinyl acetate copolymer, and further favorable to use polyvinyl butyral resin.”]
Per claim 17, Okada teaches a near-infrared absorbing transparent base, comprising: a transparent base; and a near-infrared absorbing layer disposed on at least one surface of the transparent base, wherein the near-infrared absorbing layer is the near-infrared absorbing particle dispersion of claim 11 [see paragraph 0185: “Meanwhile, in the case of using an electromagnetic wave absorbing particle dispersoid according to the present embodiment as an intermediate layer of an electromagnetic wave absorbing laminated transparent base material, which will be described later, from the viewpoint of adhesion to a transparent base material, weather resistance, and penetration resistance, as the thermoplastic resin, it is favorable to use polyvinyl acetal resin or ethylene-vinyl acetate copolymer, and further favorable to use polyvinyl butyral resin.”]
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES A DUDEK whose telephone number is (571)272-2290. The examiner can normally be reached Monday-Thursday 6:30-4:30 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Carruth can be reached at 571-272-9791. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES A DUDEK/Primary Examiner, Art Unit 2871
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