Claims 1-19 are pending in this application.
DETAILED ACTION
Notice of Pre-AIA or AIA Status
1 The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Application Data Sheet
2 Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
The application data sheet submitted by applicant does not include foreign priority application. Applicants should submit a new application data sheet that includes the foreign priority application.
Information Disclosure Statement
3 The information disclosure statement filed on 12/27/2026 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered. No foreign patent documents and non-patent literature publication submitted by applicants. Applicants should provide a copy of each cited foreign patent document and each non-paten literature publication or that portion which caused it to listed in order to review and to considered by the examiner.
Claim Rejections - 35 USC § 112
4 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.
Claim 10 is 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 10 recites the phrase “particularly”. The phrase “particularly” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. Correction is required.
Claim Rejections - 35 USC § 102
5 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.
6 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.
Claims 1-4 and 6-11 are rejected under 35 U.S.C. 102(a)1 as being anticipated by Lih et al. (CN 105199435 A). English translation of the Patent No. (CN 105199435 A) is used in this Office action.
Lih et al. (CN’ 435 A) teaches a Cobalt Blue/clay Mineral Hybrid Pigment (inorganic pigment is bonded to silicate mineral) and wherein the clay mineral is one of sepiolite, attapulgite, pyrophyllite, talc and illite as claimed in claims 1-4, 6 and 9 (see claims 1-2). Lih et al. (CN 435 A) teaches Cobalt blue/clay mineral hybrid pigment compound identical to the claimed compound, which inherently should physical property of attaching on the surface of the silicate mineral as claimed in claim 7 and should have same particle of size as claimed 8 and should have same use for coloring a substrate as claimed in claim 10 and also should used as an aqueous solution as claimed in claim 11. Lih et al. (CN’ 435 A) teaches all the limitations of the instant claims. Hence, Lih et al. (CN’ 435 A) anticipates the claims.
7 Claims 12-18 are rejected under 35 U.S.C. 102(a)1 as being anticipated by Lih et al. (CN 105199435 A). English translation of the Patent No. (CN 105199435 A) is used in this Office action.
Lih et al. (CN’ 435 A) teaches preparation method of Cobalt Blue/clay Mineral Hybrid Pigment (inorganic pigment is bonded to silicate mineral), wherein the method comprises the step of adding a suspension of Co (III) salt and Al (III) salt to a natural clay minerals dispersed in water and reacting at room temperature which is less that about 300 OC to form a cobalt blue/clay mineral hybrid pigment (inorganic pigment is bonded to silicate mineral) as claimed in claims 12 and 18 (see claim 1), wherein the clay minerals include sepiolite, attapulgite, pyrophyllite, talc and illite as claimed in claims 13-14 (see claims 1-2). Lih et al. (CN’ 435 A) a method for preparation Cobalt Blue/clay Mineral Hybrid Pigment (inorganic pigment is bonded to silicate mineral) which is same to the claimed method, and which inherently should have same claim steps of drying the particle of the silicates and micronizing the silicate mineral and/or inorganic pigment for forming the particles that should have same particle size as claimed in claims 15-17. Lih et al. (CN’ 435 A) teaches all the limitations of the instant claims. Hence, Lih et al. (CN’ 435 A) anticipates the claims.
Claim Rejections - 35 USC § 103
8 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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Lih et al. (CN 105199435 A) in view of Nordyke et al. (US 3846148 A). English translation of the Patent No. (CN 105199435 A) is used in this Office action.
The disclosure of Lih et al. (CN’ 435 A) as described above, does not teach or disclose the concentration of the inorganic pigment in the compound as claimed in claim 5.
Nordyke et al. (US’ 148 A) in analogous art of composite pigments, teaches a composite pigment comprising finely divided particles of a silicate mineral pigment (see claim1), wherein the silicate mineral pigment is selected from talc (see claim 3) and a metal selected from zinc (see claim 4). Nordyke et al. (US’ 148 A) also teaches that pigments such as titanium dioxide and iron oxide are usually necessary (see col. 8, lines 5-6) and wherein the metal compound in the composite pigment is from about 4% to about 65% by wt., which is overlapped with the claimed percentage range as claimed in claim 5 (see claim 18).
Therefore, in view of the teaching of Nordyke et al. (US’ 148 A), it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to optimize the amount of the inorganic pigments in the composite pigment in order to get the maximum effective amounts of these pigments in the composite pigment, and, thus the person of the ordinary skill in the art would expect such a composite pigment to have similar property those claimed, absent unexpected results.
9 Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Lih et al. (CN 105199435 A) in view of Nordyke et al. (US 3846148 A). English translation of the Patent No. (CN 105199435 A) is used in this Office action.
The disclosure of Lih et al. (CN’ 435 A) as described above, does not teach or disclose the proportion by weight between the inorganic pigment and the silicate mineral in the particulate mixture as claimed in claim 19.
Nordyke et al. (US’ 148 A) in analogous art of composite pigments formulation, teaches a method for preparation a composite pigment comprising finely divided particles of a silicate mineral pigment (see claim1), wherein the silicate mineral pigment is selected from talc (see claim 3) and a metal selected from zinc (see claim 4). Nordyke et al. (US’ 148 A) also teaches that pigments such as titanium dioxide and iron oxide are usually necessary (see col. 8, lines 5-6) and wherein the proportion of additive pigment material to inert base (silicate) ranges from about 75.4% to about 65% by weight (see claim 22).
Therefore, in view of the teaching of Nordyke et al. (US’ 148 A), it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to optimize the ratio of the inorganic pigments and the silicate mineral in the composite pigment in order to get the maximum effective amounts and the ratio of the pigment and the silicate in the composite pigment, and, thus the person of the ordinary skill in the art would expect such a composite pigment to have similar property those claimed, absent unexpected results.
Conclusion
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/EISA B ELHILO/Primary Examiner, Art Unit 1761
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