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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/14/25 has been considered by the examiner.
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.
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 nonobviousness.
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.
Claims 1-6 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over US 2009/0201759 (MILLS).
Regarding claim 1: The reference discloses a powder coating comprising a binding agent, a hardening agent, and porous particles. It is recognized that the reference does not specify the porous particles are found in a range of 1-12 wt% or that the particle size is 1-200um. However, the reference discloses the porous particles comprise 5 wt% of the powder coating and have a particle size of 45um. These values are within the claimed ranges. See Example 1. Therefore, it would have been obvious to one of ordinary skill in the art to form a powder coating having porous particles within the claimed limits.
Regarding claims 2-3: The reference discloses a particle size of 45um. See Example 1. Further, the reference discloses that particle size may be selected by the size of the sieve. Therefore, it would have been obvious to one of ordinary skill in the art to choose a specific size.
Regarding claims 4-5: The resin and curing agent are extruded first and then the zeolite is added and extruded. See Example 1.
Regarding claim 6: The porous particles are zeolite. See Example 1.
Claims 7-14 are rejected under 35 U.S.C. 103 as being unpatentable over US 2009/0201759 (MILLS) in view of CN 109468086.
Regarding claims 7-14: The MILLS reference discloses the powder coating as described in the above 103 rejection. It is recognized that the reference does not disclose the powder coating as an adhesion promoter. However, the CN reference disclose that it is known to use a powder coating as an adhesion promoter for adhesively affixing parts. Therefore, it would have been obvious to one of ordinary skill in the art to use the MILLS powder coating as an adhesion promoter. One would be motivated by the reasoned expectation of obtaining a improved adherence as described, regardless of the parts being joined.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH EVANS MULVANEY whose telephone number is (571)272-1527. The examiner can normally be reached 8am-4:30pm M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Ruthkosky can be reached at 571-272-1291. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELIZABETH E MULVANEY/Primary Examiner, Art Unit 1785