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 submitted information disclosure statements (IDS) were filed on 09/11/2024, 05/16/2025, 07/11/2025, 11/12/2025 and 02/03/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matsui et al. (WO 2019172440 A1).
Claim 1,
Matsui et al. teach a boron nitride powder that comprises primary particles and/or aggregated primary particles, has an average particle diameter of 2.5-7.0 µm. (Abs). Hexagonal boron nitride has a layered structure similar to graphite. (pg. 2nd. 1st par.). The primary particles of hexagonal boron nitride are so-called “scale-shaped” particles. The aspect ratio of the primary particles of hexagonal boron nitride is preferably 8 to 23. (pg. 5, 3rd. par.). Since ratio is major axis length to thickness, then thickness = diameter/ratio, with diameter of 2.5-7.0 µm and the aspect ratio of the primary particles of hexagonal boron nitride is preferably 8 to 23, then thickness of the primary particles of hexagonal boron nitride is in the range of 0.11-0.88 µm. A hexagonal boron nitride powder having excellent tactile sensation can be obtained by adjusting the content of primary particles or aggregated particles of 36 µm or more contained in the powder to 10.0% by volume or less. The content of primary particles or aggregated particles of 36 µm or more contained in the hexagonal boron nitride powder is 10.0% by volume or less. (pg. 4, 2nd par.). The aggregated particles are secondary particles.
With regard to claim 3,
Matsui et al. teach boron nitride powder, a method for producing boron nitride powder, and a cosmetic containing boron nitride powder. (pg. 1, 2nd par.).
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 non-obviousness.
Claims 1, 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Matsui et al. (WO 2019172440 A1) in view of Ikeda et al. (JP 2019206455 A).
claim 2,
The teachings of Matsui et al. are described in claim 1 above.
Matsui et al. teach the hexagonal boron nitride powder for cosmetic use according to Claim 1, but Matsui et al. do not teach wherein an oxygen concentration is 1.0 mass% or less.
Ikeda et al. teach hexagonal boron nitride powder, (Abs), which is a raw material for processed boron nitride products to be used for applications such as cosmetics. (pg. 10, 3rd par.). The hexagonal boron nitride particles generally include primary particles made of thin scaly particles derived from a crystal structure. The boron nitride particles are easily oriented in the thickness direction in the thermally conductive insulating sheet. The hexagonal boron nitride particles have a hexagonal plane, and is generally hexagonal boron nitride particles are scaly. The hexagonal boron nitride powder having a small amount of the functional group has a low functional group amount, and thus has a poor affinity with the resin. When the resin composition is used, a thermal resistance is generated at the interface between the hexagonal boron nitride and the resin, There is a tendency that heat is not easily transmitted. As described above, when hexagonal boron nitride powder is used as an inorganic filler for resin filling, the lack of scale-like particle shape and surface functional groups becomes a barrier, and the above-described problem occurs. (pg. 2nd, 4th-6th par.). Hexagonal boron nitride particles can be layered. (pg. 8, 2nd last par.). The hexagonal boron nitride particles having an aspect ratio (major axis length to thickness ratio) of 4 to 12, and the aspect ratio is higher than that of conventional flaky hexagonal boron nitride particles. It is characterized by a small thick plate-like particle, and therefore a large proportion of the end face with respect to the plane. (pg. 5, 2nd last par.). Generally, the average particle size is preferably about 0.1 to 150 µm.(pg. 5, 2nd par.).
Ikeda et al. teach the hexagonal boron nitride powder of the present invention preferably has an oxygen concentration of 0.3% by mass or less. (pg. 4, 3rd last par.).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to have a boron nitride powder that comprises primary particles and/or aggregated primary particles, has an average particle diameter of 2.5-7.0 µm, wherein hexagonal boron nitride has a layered structure, the primary particles of hexagonal boron nitride are so-called “scale-shaped” particles. The aspect ratio of the primary particles of hexagonal boron nitride is preferably 8 to 23, and thickness of the primary particles of hexagonal boron nitride is in the range of 0.11-0.88 µm, and less than 10% aggregated particles or secondary particles, taught by Matsui et al., and the particles having less than 0.3% oxygen, taught by Ikeda et al. since they have proven it would be feasible to do so.
With regard to claim 4,
Matsui et al. teach boron nitride powder, a method for producing boron nitride powder, and a cosmetic containing boron nitride powder. (pg. 1, 2nd par.).
Conclusion
No claim is allowed.
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/NGOC-ANH THI NGUYEN/Examiner, Art Unit 1615
/Robert A Wax/Supervisory Patent Examiner, Art Unit 1615
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