DETAILED ACTION
Restriction/Election
Applicant's election with traverse of group I, claims 1-4, 7-9, 11 and 25 in the reply filed on 2/24/26 is acknowledged. The traversal is on the ground(s) that there is no lack of unity. This is not found persuasive because of the rejection provided below.
The requirement is still deemed proper and is therefore made FINAL.
Claims 12, 13, 19-22 and 26 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 2/24/26.
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.
Claims 1-3, 7-9, 11, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Hugo (US Patent 6194484).
As to claim 1, Hugo discloses a coating material comprising a binding agent with high transparency in the thermal infrared range, plate shape particles and/or spherical particles (abs). The composition comprises a polymer such as polyolefins especially polyethylene or polypropylene (column 3 lines 30-37). The plate shaped particles can be a metal such as aluminum flakes which will be considered reflective flakes (column 3 lines 37-45, example 1). The plate shaped particles have length of 5 to 100 microns a breadth of 5 to 100 microns and a thickness of .1 to 5 microns (column 2 lines 15-20). Hugo further discloses the ability to have the plate shape particles be alignable (column 6 line 20-25). The flakes can be configured to reduce edge scattering. However, this reference is silent to having the reflective flakes be dispersed at varied orientations with a flake span size of 10 to 50 microns and thickness of .15 to .5 microns.
It would have been obvious to one of ordinary skill in the art to have used aluminum metal flakes with a span of 10 to 50 microns and thickness of .15 to 5 microns as Hugo discloses overlapping flake sizes and these would be a suitable size. As to having the flakes be dispersed at varied orientations Hugo teaches having the ability to control the orientation of the flakes and therefore would of ordinary skill in the art would be able to modify Hugo and formed the flakes to be of varied orientation as it would be a suitable option depending upon the desired end use of the coating.
As to claim 2, Hugo discloses that the flakes are aluminum flakes the same flakes used within the present invention and therefore will inherently the claimed DC electrical resistivity.
As to claim 3, Hugo discloses that the use of spherical particles that reflect and/or backscatter in the visible light range (column 2 lines 35-50) or micro hallow spheres (column 6 lines 1-5).
As to claim 7, Hugo discloses that a paint pigment can be used for tinting the coating (column 6 lines 6-10).
As to claim 8, Hugo discloses in examples 1 or 2 that the flakes would be in the claimed range in wet form.
As to claim 9, Hugo discloses in example 2, 50 g of brass pigment, which would be 2.86% by weight of colored pigment.
As to claim 11, Hugo discloses the flakes can be formed as laminated pigments which are flakes coated with a colored pigment (column 3 lines 57-65).
As to claim 25, Hugo discloses that the coating composition optionally can have a pigment and can comprise conductive oxides (column 5 lines 29-40).
Claims 4 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Hugo (US Patent 6194484) in view of O’Keefe (US Publication 20090087553).
As to claims 4 and 11, Hugo renders claim 1 for the reasons noted above, however is silent to the specifics of the flake.
O’Keefe discloses highly thermal infrared reflective pigments wherein the core flake has a surface texture less than 1 and depth to pitch ratio of less than .5 (paragraph 18) and the flake can have a 3-layer structure that is colored (paragraph 50).
It would have been obvious to one of ordinary skill in the art to have modified Hugo and used the flakes of O’Keefe as they would be suitable alternatives for thermal infrared coatings. See MPEP 2144.06.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER M POLLEY whose telephone number is (571)270-5734. The examiner can normally be reached Monday through Friday from 8am till 4:30 pm.
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/CHRISTOPHER M POLLEY/Primary Examiner, Art Unit 1785
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