Ref. No POC/Application No/ 7121/CHENP/2010 Date of Dispatch/ 29/05/2017

Transcription

1 Ref. POC/Application / 7121/CHENP/2010 Date of Dispatch/ 29/05/2017 To DE PENNING & DE PENNING, 120 VELACHERY MAIN ROAD, GUINDY, CHENNAI patent@depenning.com Subject: Examination report under sections 12 & 13 of the Patents Act, 1970 and the Patents Rules, Please find enclosed herewith an Examination Report in respect of the above mentioned application. This report is issued with reference to the request for examination dated 28/02/2012. The instant application shall be deemed to have been abandoned under Section 21(1) of the Patents Act, 1970, unless all the requirements raisedin this report are complied within the period mentioned in para 1 above. You are advised to file thereply at the earliest for early disposal. Enclosed: As above T V MADHUSUDHAN Controller of Patents NOTE: This is an electronically generated report. All communications should be sent to the Controller of Patents at the above mentioned address. Examination Report Page 1 of 8

2 Application Number 7121/CHENP/2010 Date of filing 03/11/2010 Date of priority 07/05/2008 Date of PCT International Application 01/05/2009 Applicant Agent TIOXIDE EUROPE LIMITED Individual Request for Examination no. & date 2099/RQ-CHE/ /02/2012 Date of Publication 29/07/2011 This examination report consists of four parts, namely summary of the report, detailed technical report, formal requirements and documents on record. PART-I: SUMMARY OF THE REPORT Sl.. Requirements under the Act Claim Numbers Remarks velty 1, 3-5, 7, 9-11, 15, 20-23, Invention u/s 2(1)(j) Inventive step 1-31 Industrial Applicability 2. n-patentability u/s 3 (if yes, specify section3(a-p)) (e) 3. n-patentability u/s 4 4. Unity of invention u/s 10 (5) Sufficiency of disclosure u/s 10 (4) (Specify /) Reference to co-pending/foreign application(s) required (Specify /) 7. Claims [u/s 10(5) & Clarity / Conciseness Page 2 of 8

3 Definitive Supported by description Scope 1, 16, 19, , 20, 21, Other requirement(s): PART-II: DETAILED TECHNICAL REPORT A. List of documents cited: Relevant Sl.no description Relevant claims Claims of Details of (page and Priority date Publication date of cited alleged documents paragraph no.) document invention of cited document A Patent literature Para 0008, , Claims 1, 3-5, 7, D1: EP Claims 1, 4, 11-28/09/ ; Figure , 15, 20-23, A1 14 3, Table 1, Example 7 2. D2: JP A 02/12/2005 Abstract Claims 1, 3, 4 Claims 1, 10, Abstract; D3: US Claims 20-22, 18/03/2003 Examples 5-8, Claims 5, B , D4: US ; 04/01/1972; Abstract; Claim 1; Claims 1, 3-5, 10,11, 16, 18, D5: GB A; 17/01/1996; Abstract; Example 1; Claims 1, D6: US A1; 22/03/2007; Abstract; para , 0034, 0041, , , ; Claims 1, 3, 7, 15; Claims 1, 3-5, 7, 10, 11, 297. D7: US B2; 18/02/2003; Abstract; Column 2 (lines 22-33), column 3 (lines 20-26), column 4 (lines 44-50), column 5 (lines 52-57), column 6 (lines 19-21, 52-61); examples; Claims 1-5, 7; Claims 1, 2, 6-9, 10, 118. D8: EP A3; 04/05/1994; Claims 1-4; Claims 1, 3-5, 18, 20, 25, 26 Sl.no Details of Priority date Publication date Relevant Relevant claims Claims of Page 3 of 8

4 description documents (page and paragraph no.) of cited of cited document alleged invention document B n-patent literature B. Detailed observations on the requirements under the Act: NOVELTY: (i) Claim(s) 1, 3-5, 7, 9-11, 15, 20-23, lack(s) novelty, being anticipated in view of disclosure in the document cited above under reference D1 for the following reasons: The subject matter of claims 1, 3-5, 7, 9-11, 15, 20-23, lacks novelty under section 2(1)(j) of the Patents Act, 2003 in view of the following document:d1: EP A1The closest prior art document D1 discloses a thermal IR shielding titanium dioxide particle for coating materials and cosmetic compositions, said particle having a primary particle size between 0.5 to 2 µm, a reflectivity to visible light less than 95% and low transmission selectivity to IR radiation of less than 3 µm wavelength. The TiO2 particles may be coated with oxides or hydrated oxides, and may be incorporated into paints, printing inks, plastic molding compounds or cosmetic preparations in order to imart with IR shielding effect. The paint or printing ink formations may contain other pigments including inorganic or organic colour pigments and dyes having a high transmission or reflectivity to IR wave range of the solar radiation. In order to effectively shield thermal IR of the wavelength range between µm, the TiO2 particles need to have a wide distribution of the size of individual primary articles in the range between µm in theory.thus, in view of the document D1 the subject matter of claims 1, 3-5, 7, 9-11, 15, 20-23, 25 are anticipated by D1 and hence lacks novelty. INVENTIVE STEP: (ii) Claim(s) 1-31 lack(s) inventive step, being obvious in view of teaching (s) of cited document(s) above under reference D1-D8 for the following reasons: Page 4 of 8

5 The subject matter of claims 1-31 lacks inventive step in view of the following documents:d1: EP A1D2: JP AD3: US B1D4: US D5: GB AD6: US A1D7: US B2 andd8: EP A3The closest prior art document D1 discloses a thermal IR shielding titanium dioxide particle for coating materials and cosmetic compositions, said particle having a primary particle size between 0.5 to 2 µm, a reflectivity to visible light less than 95% and low transmission selectivity to IR radiation of less than 3 µm wavelength. The TiO2 particles may be coated with oxides or hydrated oxides, and may be incorporated into paints, printing inks, plastic molding compounds or cosmetic preparations in order to imart with IR shielding effect. The paint or printing ink formations may contain other pigments including inorganic or organic colour pigments and dyes having a high transmission or reflectivity to IR wave range of the solar radiation. In order to effectively shield thermal IR of the wavelength range between µm, the TiO2 particles need to have a wide distribution of the size of individual primary articles in the range between µm in theory.the document D2 discloses covering the large grain size white particle with the resin membrane which possesses IR ray permeability. D1 further discloses the use of 0.5 to 1.5 micron diameter IR reflective particles, which may be TiO2 coated with a resin film transparent to IR radiation. The film coating may contain a substantially non-ir absorbing pigment.the document D3 discloses a cosmetic preparation including suncreams containing silica-coated metal oxide particles of suppressed photocatalytic activity, said particles having a surface treated with a hydrophobizing agent, characterized in that the surface-hydrophobicized silica-coated metal oxide particles have a primary particle size of nm (average cryatal size µm) and a secondary particle size of µm, and wherein the metal oxide is titanium dioxide.the document D4 discloses a composition of matter consisting essentially of euhedral titanium dioxide crystals having an average individual crystal size of from 0.2 to 5.0 µm, said crystal being coated with a metal oxide selected from the group consisting Al2O3, TiO2, PbO, SiO2 and ZnO and mixtures thereof, the amount of said coating being from % of Al2O3 and for the other metal oxides being from %, said composition containing less than 01% P2O5 and containing less than 0.5% of an alkali metal oxide selected from the group consisting of sodium oxide and potassium oxide, all percentages being based on the weight of the titanium dioxide. The TiO2 material is pre-dyed with fluorescein (a non-white colorant) by mixing the material with a solution of fluorescein and drying then subsequently dispersed in a vehicle solution.document D5 discloses rutile titanium dioxide production which gives rutile of large average crystal size suitable for special pigmentary applications such as infra-red reflecting paint. D5 describes a calcined TiO2 pigment having a crystal size of 0.4 µm.document D6 discloses roofing granules containing coarse TiO2 and non-white colored IR reflector particles. The particle size distribution is such that, 100% less than 40 microns, 50 to 100% less than 10 microns and 0 to 15% less than micron. The roofing gtanules having a total solar reflectance of 25%.Document D7 discloses a near-infrared reflecting composite pigment comprises a near-infrared non-absorbing colorant and a white pigment coated with the near-infrared non-absorbing pigment. Thenear-infrared reflecting composite pigment can be produced by mixing a colorant dispersion, in which the near-infrared non-absorbing colorant is dispersed in a liquid medium, with the white pigment in a form selected from powder or a dispersion and then drying the resultant mixture. The colorant may include azo, phthalocyanine, quinacridone, perylene organic black, iron oxide and composite oxide pigments in a range wt %. The white pigment used in this case may be selected from Titanium dioxide.document D8 discloses a process for coating inorganic particles and in particular particles of TiO2 coated with an inorganic oxide or hydrous oxide, wherein the TiO2 has an average crystal size in the range 0.15 to 0.40 µm. The coated particles are pigments of high durability for use in paints. Document D1 is the closest prior art for the present claimed invention. The advantageous use of titanium particles of large crystal size optionally coated titanium dioxide pigment over smaller size crystals as regards NIR scattering properties and increasing solar reflection in colored products is already known from D1. technical effect has been associated with the particle size distribution of the TiO2 particles of the specifications as the distinguishing feature. D1 teaches the use of large TiO2 particles over smaller Page 5 of 8

6 sized ones such that the result obtained cannot be considered to be surprising. Thus the underlying inventive concept of the application is already composed in the prior art. Dependent claims do not appear to contain any additional features and do not meet the requirements of section 2(1)(ja) of the Patent Act, So at the time of filing of this application, it would have been obvious to a person skilled in the art to combine the teachings of D1-D8 to arrive at the claimed invention. Therefore present claims did not meet the criteria inventive step under section 2(1)(ja) of Indian Patent Act, INDUSTRIAL APPLICABILITY: (iii) Claim(s) lack(s) industrial applicability for the following reasons: t Applicable NON PATENTABILITY: (iv) Claim(s) 1-9 are statutorily non-patentable under the provision of clause ([3 (e)) of Section 3 for the following reasons: Subject matter of claims 1-9 fall within the scope of such clause (e) of section 3 of Patents Act, The colored composition as defined in the claims is not novel or inventive and obtained by a mere admixture of already known components without any surprising/synergistic effect and hence the said claims are not patentable. (v) Claim(s) are not allowable under section 4 of the Patents Act, t Applicable UNITY OF INVENTION: (vi) Claim(s) lack(s) unity of invention as the claims do not relate to a single invention or to a group of inventions linked so as to form a single inventive concept: t Applicable (vii) Claim(s) of the instant application conflict(s) with claim(s) of co-pending application no. SUFFICIENCY OF DISCLOSURE: (viii) Claim(s) are not fairly based on the matter disclosed in the specification or not supported by the disclosure in the specification for the following reasons: t Applicable (ix) The complete specification does not fully and particularly describe the invention and its operation and the method by which it is to be performed in respect of: t Applicable (x) The specification does not disclose the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection for the following reasons: t Applicable (xi) Abstract: Page 6 of 8

7 t Applicable (xii) Title of Invention: Title does not sufficiently indicate the subject matter of the invention for which protection is sought. Title of the invention should disclose specific features of the invention as required under rule 13(7)(a) of the Patent Act, 1970 and the Patents Rules, (xiii) Drawings are not prepared in accordance with the provisions of Rule 15 of the Patents Rules, 2003 for the following reasons: t Applicable (xiv) Information of source and geographical origin of biological material used in the invention: t Applicable (xv) Details of depositing the biological material to an International Depository Authority under the Budapest Treaty: t Applicable SCOPE: (xvi) Claim(s) 10-13, 20, 21, does/do not define the scope of invention for which the protection is claimed for the following reasons: Use claims 10-13, 20, 21, does not constitute an invention as per section 2(1)(j) of The Patents Act,1970 and hence are not allowable. CLARITY AND CONCISENESS: (xvii) Claim(s) 1, 16, 19, 24 are not clearly worded in respect of: The application does not meet the requirement of section 10(5) of the Patents Act 1970 in that the claims of the application are not clearly worded; Use of the terms one or more, further comprises in claims 1, 16, 19, 24 renders the claim unclear. Moreover, all the essential features shall be incorporated in the principal claim. DEFINITIVENESS: (xviii) Claim(s) do not sufficiently define the invention for the reasons as follows: t Applicable OTHERS REQUIREMENTS: (xix) The dependent claims should start with The composition/the product/the material as claimed in claim... PART-III: FORMAL REQUIREMENTS Objections Remarks Page 7 of 8

8 Endorsement by /Assignment from Inventor Statement & Under Taking (Form 3 Details) Translation of Pr.Document (Certified Copy etc.) Power of Attorney (Whether GPA, SPA, Stamped, requisite fee etc.) Format of Specification (rule 13) Format of Drawings Proof of right in the form of endorsement or assignment from the inventor (In the favour of TIOXIDE EUROPE LIMITED) has not yet filed within the prescribed time period of 6 months from the date of filing in India. The same may be filed in the prescribed manner. A. Details of the updated foreign filling particulars should be filed u/s 8(1)(b) read with u/r 12(2) of the Patents Act and Rules. B. Detail prosecution like search and examination report etc. of the corresponding foreign applications should be filed u/s 8(2) read with u/r 12(3) of the Patents Act and Rules. English translation of priority documents not filed at the time of entry into National Phase or within prescribed time in Rule 21(2) of Patents Rule, The applicant should be file the English translation of priority document and the PCT international application within three months time from this notice otherwise the priority to be disregarded for this application under rule 21(3). Attested / original copy of Power of Attorney shall be filed in accordance with the Patent Act, Claims should be prefaced with the phrase I/we claim. Application number shall be mentioned in drawings. PART-IV: DOCUMENTS ON RECORD The examination report has been prepared based on the following documents: Request For Examination WITH REFERENCE NUMBER 2099/RQ-CHE/2012 FILLED ON 28 Feb 2012 Name of the Controller: T V MADHUSUDHAN te: Last date for filing response to the Examination Report: 29/11/2017 Page 8 of 8