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 statement (IDS) were filed on 11/17/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Status of Application
Applicants' arguments/remarks filed 11/17/2025 are acknowledged. Claim 1 is currently amended. Claims 1, 3-14, and 23 are examined on the merits within and are currently pending.
Maintained Rejections
Claim Rejections - 35 USC § 103
With the applicants' arguments/remarks filed 04-05-2024, the rejection of Claims 1-14 has been modified. Please see the modified rejections below.
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 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over De Schrijver (EP 2335818 A1), in view of in view of Xia et al. (Xia et al., Synthesis chemistry and application development of periodic mesoporous organosilicas; J Porous Mater 17:225–252, 2010), and further in view of Zhang et al. (Zhang et al., Surfactant-free synthesis of silica aerogel microspheres with hierarchically porous structure. Journal of Colloid and Interface Science 515 1–9, 2018).
Claim 1,
De Schrijver teaches, the microcapsule is an organosilica capsule and has a metal-based shell. More preferably, the shell is processed from a silicon source. The expression "silicon source" as used herein, refers to a compound of formula R4-xSi(L)x wherein R is an alkyl, an aryl or an alkyl-aryl such as a benzyl, L is independently CI, Br, I or OR’ wherein R’ is an alkyl or benzyl and x is an integer of 1 to 3. The "silicon source" is selected so as to be able to form a network of Si-O-Si bonds. Organosilica bonds have the capability to act as bonding intermediates and to form polymers with useful properties such as impermeability to water, flexibility and resistance to chemical attack (0029). The sol-gel encapsulation offers the advantage of control of the capsule size and structure as well as properties such as porosity (0012).
Xia et al. teach methods of preparing periodic mesoporous organosilicas (PMOs) with varieties of precursors (Abs). The distribution of organic groups in PMOs can be controlled using prehydrolysis of organosilica precursors (pg. 234, left col., 2nd par.) (i0). The PMOs are synthesized by hydrolysis. Next step is the oligomerization of precursors in the presence of various selected structure-directing agents (pg. 226, left col, last par.) (i1). The syntheses comprise the co-condensation of the mixed precursors of tetraalkoxysilane and bridged organosiloxane with terminal organosiloxane, or the co-condensation of multiple bridged organosiloxane (Abs) (i4).
Zhang et al. teach previous studies showed that most synthetic routes to produce different kinds of spherical silica aerogel microparticles were based on the various combinations of sol-gel process, emulsion formation, ambient pressure drying (APD), freeze-drying and supercritical fluid drying (SFD) techniques. (pg. 2, left col., 2nd par.). Zhang et al. apply a method to synthesize silica aerogel microspheres process without applying any surfactants. An ethanol/hydrochloric acid solution of partially hydrolyzed precursors with 1TEOS:4EtOH:1.85H2O/HCl, (i0) partially condensed silica (CS) was used as precursor in the synthesis, the water repellent n-Heptane as solvent, (same as applicants’ continuous oil phase) while the water-soluble ammonia gas (NH3) as catalyst. In Zhang et al.’s method:
i0-1) an ethanol/Water/HCl solution of partially hydrolyzed, partially condensed silica (CS) was dissolved (or mixed) in an organic solvent, which is incompatible with water, (pg. 3, left col., 1st par.).
i2) and then a water-soluble catalyst was selected and added to this system without mechanical stirring, which triggered sol-gel process, and homogeneous gel could be obtained. After aging and APD process, silica aerogel microspheres were obtained with BET surface area around 900 m2/g, and particle diameter ranged from 0.8 µm to 1.5 µm. These microspheres had microporous and mesoporous structures, probably much beneficial for ions transport or organic compound adsorption. Zhang et al. apply the condensed silica Tetraethoxysilane (TEOS), or Trimethylethoxysilane (TMES), (pg. 2, right col., 3rd and 4th par.). Tetraethoxysilane (TEOS) is tetraethyl orthosilicate (TEOS) is a silica precursor. Trimethylethoxysilane (TMES) also a silica precursor.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to prepare the organosiloxane nano-/microspheres comprising precursors R4-xSi(L)x taught by De Schrijver, with varieties of precursors and with prehydrolysis of organosilica precursors taught by Xia et al. and process without applying any surfactants, including prehydrolysis of a precursor, adding a catalyst of step i2, to form microporous and mesoporous structures, and preparing monodisperse micron grade polyorganosiloxane microsphere, comprising the hydrolysis, adding alkaline catalyst for reaction, and then mixing step of EtOH/water/HCl with an organic solvent incompatible with water without using a surfactant, taught by Zhang et al., since they have proven that organosiloxane nano-/microspheres can be prepared.
With regard to claim 23,
Zhang et al. teach n-heptane, (pg. 3, left col., 2nd par.), as an organic solvent, incompatible with water, to add prehydrolyzed silica precursors in EtOH/Water/HCl into. Zhang et al. do not name it as the continuous oil phase, but it is applied in applicants’ step i3.
Claims 1 and 3-8 are rejected under 35 U.S.C. 103 as being unpatentable over De Schrijver (EP 2335818 A1), in view of in view of Xia et al. (Xia et al., Synthesis chemistry and application development of periodic mesoporous organosilicas; J Porous Mater 17:225–252, 2010), and further in view of Zhang et al. (Zhang et al., Surfactant-free synthesis of silica aerogel microspheres with hierarchically porous structure. Journal of Colloid and Interface Science 515 1–9, 2018), Narayan et al. (Narayan et al., Review Mesoporous Silica Nanoparticles: A Comprehensive Review on Synthesis and Recent Advances. Pharmaceutics 2018, 10, 118) and She et al., (She et al., Functionalization of Hollow Mesoporous Silica Nanoparticles for Improved 5-FU Loading. Journal of Nanomaterials
Volume 2015, Article ID 872035, 9 page).
The teachings of De Schrijver, Xia et al., and Zhang et al. are described in claim 1 above.
De Schrijver, Xia et al., and Zhang et al. do not teach hollow mesoporous silica nano/microparticles loading hydrophilic compound like 5-FU.
Narayan et al. teach the drug loading is mainly based on the adsorptive properties of MSNs. Both hydrophilic and hydrophobic cargos can be incorporated into the pores of MSNs. MSNs, with large pore volume, inherently possess greater loading capacity compared to other carriers. She et al. increased the loading of 5-fluorouracil (5-FU) into hollow MSNs by functionalizing the surface silanol groups with different silanes viz, octadecyltrimethoxy silane (OTMS), (3-aminopropyl) triethoxysilane (APTES), 3-cyanopropyltriethoxysilane (CPTES). (pg. 10, last par.).
She et al. teach hollow mesoporous silica nanoparticles were successfully fabricated and functionalized with appropriate silanes. After modifications, amine, carboxyl, cyano, and methyl groups were grafted onto the nanoparticles and all functionalized hollow mesoporous silica nanoparticles maintained a spherical and hollow structure. The loading capacity of the hollow mesoporous silica nanoparticles to the anticancer drug, 5-fluorouracil, can be controlled via precise functionalization. The presence of amine groups on the surface of nanoparticles resulted in the highest loading capacity, due to the amine functionalized nanoparticles having a similar hydrophilicity but reverse charge to the drug. In addition, the change in pH leads to the variation of the intensity of electrostatic force between nanoparticles and the drug, which finally affects the loading capacity of amine functionalized hollow mesoporous silica nanoparticles to some extent. (Abs)
Hydrophilic active/payload like saccharide or a monosaccharide like glucose is highly soluble in the aqueous dispersed phase like water, or in other hydrophilic solvent like DMSO, so they would be soluble in the aqueous dispersed phase. But they would not be soluble in the continuous phase of step i1, i2, i3 or i4, where hydrophobic organic solvents like xylene, cyclohexane, toluene or their combination is added from the dispersed phase i2.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to prepare the organosiloxane nano-/microspheres comprising precursors R4-xSi(L)x taught by De Schrijver, with varieties of precursors and with prehydrolysis of organosilica precursors taught by Xia et al. and process without applying any surfactants, including prehydrolysis of a precursor, adding a catalyst of step i2, to form microporous and mesoporous structures, taught by Zhang et al. and preparing monodisperse micron grade polyorganosiloxane microsphere, comprising the hydrolysis, and encapsulating hydrophilic compounds using combining different silica precursor, taught by Narayan et al. and She et al., since they have proven it was feasible to do so.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over De Schrijver (EP 2335818 A1), in view of Xia et al. (Xia et al., Synthesis chemistry and application development of periodic mesoporous organosilicas; J Porous Mater (2010) 17:225–252), and further in view of Zhang et al. (Zhang et al., Surfactant-free synthesis of silica aerogel microspheres with hierarchically porous structure. Journal of Colloid and Interface Science 515 1–9, 2018), as applied to claim 1 above and further in view of Desmonceau et al. (US 5028653 A).
The teachings of De Schrijver, Xia et al., and Zhang et al. are described in claim 1 above. Also, De Schrijver teaches active/payloads are insoluble in the continuous phase.
De Schrijver, Xia et al. and Zhang et al. do not teach active/payloads are hydrophilic molecules in a liquid or in a solid state.
Desmonceau et al. teach that organopolysiloxane particulates, uniformly coated with silica powder on the face surfaces in an oil-in-water emulsion of silicone oils, silica powder, a platinum curing catalyst and can encapsulate and controlled release active principle(s), such as a medicament or an agrochemical (Abs). (37) The active principle can be introduced in a variety of ways into the emulsion: (38) (1) if the active principle (hydrophobic) is soluble in the volatile organic solvent, it can be introduced in solution in such solvent; (39) (2) if the active principle (hydrophilic) is soluble in water, it is desirable that the water of emulsion be saturated with the active principle (in this manner, the major part of the active principle is homogeneously dispersed within the particles); or (40) (3) if the active principle (hydrophobic) is insoluble in water and in the volatile organic solvent, it is introduced in the form of particles dispersed in the organopolysiloxane composition, preferably in the starting silicone oils.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to prepare the organosiloxane nano-/microspheres comprising precursors taught by De Schrijver, by steps taught by Xia et al. and Zhang et al., to have insoluble active/payloads in the continuous phase taught by De Schrijver and to have active/payloads as hydrophilic molecules in a liquid or in solid state taught by Desmonceau et al. since they have proven it is feasible to do so.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over De Schrijver (EP 2335818 A1), in view of Xia et al. (Xia et al., Synthesis chemistry and application development of periodic mesoporous organosilicas; J Porous Mater (2010) 17:225–252), and further in view of Zhang et al. (Zhang et al., Surfactant-free synthesis of silica aerogel microspheres with hierarchically porous structure. Journal of Colloid and Interface Science 515 1–9, 2018), as applied to claim 1 above and further in view of Suslick et al. (US 20160214075 A1).
The teachings of De Schrijver, Xia et al., and Zhang et al. are described in claim 1 above. De Schrijver also teaches active/payloads are insoluble in the continuous phase.
De Schrijver, Xia et al. and Zhang et al. do not teach active/payloads are cosmetic, cosmeceutical or pharmaceutical compounds.
Suslick et al. teach that a method of making silicone microspheres. The core material may comprise a dye or fluorophore, a polymer, an oxide, a metal, a semiconductor, carbon, ionic salts, and/or a pharmaceutical agent or active pharmaceutical ingredient (API) (0056).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to prepare the organosiloxane nano-/microspheres comprising precursors taught by De Schrijver, by steps taught by Xia et al. and Zhang et al., to have insoluble active/payloads in the continuous phase taught by De Schrijver and to have active/payloads as a pharmaceutical agent or active pharmaceutical ingredient (API) taught by Suslick et al. since they have proven it is feasible to do so.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over De Schrijver (EP 2335818 A1), in view of Xia et al. (Xia et al., Synthesis chemistry and application development of periodic mesoporous organosilicas; J Porous Mater (2010) 17:225–252), and further in view of Zhang et al. (Zhang et al., Surfactant-free synthesis of silica aerogel microspheres with hierarchically porous structure. Journal of Colloid and Interface Science 515 1–9, 2018), as applied to claim 1 above and further in view of Chen et al. (Chen et al., Overcoming acquired drug resistance in colorectal cancer cells by targeted delivery of 5-FU with EGF grafted hollow mesoporous silica nanoparticles. Nanoscale, 2015, 7, 14080).
The teachings of De Schrijver, Xia et al., and Zhang et al. are described in claim 1 above. De Schrijver also teaches active/payloads are insoluble in the continuous phase.
De Schrijver, Xia et al. and Zhang et al. do not teach an active/payload is 5-fluorouracil (5-FU).
Chen et al. teach 5-FU loaded epidermal growth factor (EGF) grafted hollow mesoporous silica nanoparticles (HMSNs) (EGF-HMSNs-5-FU) (Title).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to prepare the organosiloxane nano-/microspheres comprising precursors taught by De Schrijver, by steps taught by Xia et al. and Zhang et al., to have insoluble active/payloads in the continuous phase taught by De Schrijver and to have 5-FU molecules as active/payloads taught by Chen et al. since they have proven it is feasible to do so.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over De Schrijver (EP 2335818 A1), in view of Xia et al. (Xia et al., Synthesis chemistry and application development of periodic mesoporous organosilicas; J Porous Mater (2010) 17:225–252), and further in view of Zhang et al. (Zhang et al., Surfactant-free synthesis of silica aerogel microspheres with hierarchically porous structure. Journal of Colloid and Interface Science 515 1–9, 2018), as applied to claim 1 above and further in view of Bernardos et al. (Bernardos et al., Enzyme-Responsive Intracellular Controlled Release Using Nanometric Silica Mesoporous Supports Capped with “Saccharides”. ACS NANO Vol. 4, No. 11, 6353–6368, 2010).
The teachings of De Schrijver, Xia et al., and Duan et al. are described in claim 1 above. De Schrijver also teaches active/payloads are insoluble in the continuous phase.
De Schrijver, Xia et al. and Duan et al. do not teach an active/payload is a saccharide or a derivative.
Bernardos et al. teach the synthesis of capped silica mesoporous nanoparticles consisted of nanoscopic MCM-41-based materials functionalized on the pore outlets with different “saccharide” derivatives contained in the mesopores. (Abs).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to prepare the organosiloxane nano-/microspheres comprising precursors taught by De Schrijver, by steps taught by Xia et al. and Zhang et al., to have insoluble active/payloads in the continuous phase taught by De Schrijver and to have a saccharide or a derivative as an active/payload taught by Bernardos et al. since they have proven it is feasible to do so.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over De Schrijver (EP 2335818 A1), in view of Xia et al. (Xia et al., Synthesis chemistry and application development of periodic mesoporous organosilicas; J Porous Mater (2010) 17:225–252), and further in view of Zhang et al. (Zhang et al., Surfactant-free synthesis of silica aerogel microspheres with hierarchically porous structure. Journal of Colloid and Interface Science 515 1–9, 2018), as applied to claim 1 above and further in view of Yoshihito et al. (KR 20190069573 A) and Bauer et al. (US 8962138 B2) and Trulli et al., (Trulli et al., Deposition of aminosilane coatings on porous Al2O3 microspheres by means of dielectric barrier discharges; Plasma Process Polym. 2017 ;14:e1600211).
The teachings of De Schrijver, Xia et al., and Zhang et al. are described in claim 1 above. De Schrijver also teaches active/payloads are insoluble in the continuous phase.
Zhang et al. teach the method for preparing surfactant-free organosiloxane nano-microspheres.
De Schrijver and Zhang et al. teach uncalcined organosiloxane nano-microspheres.
Most of investigations concentrates on natural (i.e., uncalcined) silicon nano/microparticles, unless the inventors specify in their publications as Yoshihito et al. teach the preparation of calcined polysilsesquioxane-coated silicon nano-particles. The polysilsesquioxane-coated silicon nanoparticle baked product is obtained is obtained by heat-treating the polysilsesquioxane-coated silicon nanoparticles in a non-oxidizing atmosphere (pdf pg. 6, 3rd par.).
De Schrijver, Xia et al and Zhang et al. and do not teach amorphous particles.
Bauer et al. teach the production method and use of polysiloxane nanoparticles (title) with x-ray amorphous characterization and very large specific surface areas and pore volumes (20).
De Schrijver teaches a process for preparing a organosilica microcapsule (0050). Zhang et al. teach preparing method of poly organosiloxane microsphere (Title).
De Schrijver teaches Sol-gel micro-encapsulation further offers the advantage of control
of the capsule size and structure as well as properties such as porosity (0012).
Xia et al teach the polymerization of precursors was evaluated by BET (method using a measurement of the physisorption of a gas to derive a value of “surface area” for a sample) surface area, pore volume, and pore size (pg. 10, left col., last par.), synthesized PMOs with high surface area, ordered pore channels and pore size as large as 5.0nm. (pg. 12, right col., last par.). The PMOs obtained have pore diameters as large as 6.5 nm, a wall thickness of at least 5.9 nm and BET surface areas greater than 900 m2/g.
Bauer et al. teach the production method and use of polysiloxane nanoparticles (title) with x-ray amorphous characterization and very large specific surface areas and pore volumes (20) and Bauer et al. also teach organically functionalized polysiloxane nanoparticles with defined specific surface areas, pore volumes, pore diameters and organic components (1), Example 1 (37), measured by Brunauer-Emmett-Teller (BET) surface area analysis is the multi-point measurement of an analyte's specific surface area (m2/g) through gas adsorption analysis, where an inert gas such as nitrogen is continuously flowed over a solid sample, or the solid sample is suspended in a defined gaseous volume, taught by Walton et al. And the contact angle to waters is at least approx. 100.degree., more preferably of at least 110.degree., even more preferably of at least 120 degree. and in specific cases a contact angle of at least 135 degree. or even higher. They are superhydrophobic. (5)
Law teaches in surface sciences a surface is hydrophobic when its static water contact angle θ is >90° and is hydrophilic when θ is <90°. The remaining question is why does the surface change from hydrophilic to hydrophobic at θR ≈ 90°. It is important to point out that there is always an attractive interaction between water and the hydrophobic surfaces even though the attraction is weakening as θA increases. The fact that no residual water droplet was observed when θR > 90° can be attributed to the high cohesion of the water droplet. The water droplet prefers to be in the droplet state rather than wetting the surface due to the small wetting energy. In other words, it is the competition between wetting and droplet cohesion that changes the surface from hydrophilic to hydrophobic. (pg 2, 3rd par.) or there is a balanced hydrophobicity if contact angle is close to 90° or somewhat from 85° to 95°.
Trulli et al. teach that C/Si ratios are always lower than the theoretical C/Si ratio characteristic of the APTES precursor. This means that the fragmentation of the APTES precursor in the plasma process tends to eliminate its carbon rich moieties, resulting in the deposition of coatings richer in Si and N moieties, as observed in the FT-IR spectra (pg. 6, right col., 2nd par.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to prepare the microcapsule comprising steps taught by Zhang et al., and using precursors taught by De Schrijver, and these organosiloxane nano-microspheres are amorphous and porous as assessed by pore volume, pore diameter and specific area measured by BET taught by Bauer et al., and Walton et al. and the organosiloxane nano-microsphere surface hydrophobic/hydrophilic property can be assessed by contact angle measurements, taught by Bauer et al. and the C/Si ratios taught by Trulli et al., since the have proven, it is feasible to do so.
Response to Arguments
Regarding Claim Rejection Under 35 U.S.C. § 103
Applicant argues that Amended claim 1 now recites forming an emulsion "by stirring" a dispersed aqueous phase into a continuous oil phase having an opposite polarity. As explained
above, Zhang teaches away from emulsion formation by stirring and therefore teaches
away from step i3) of claim 1 as herein amended. Throughout the publication, Zhang refers to their process as an "ambient pressure drying (APD) process" with a "non-emulsion formation mechanism" (See Abstract, last paragraph of Section 1. Introduction on p. 2, Section 2.3 Synthesis of silica aero gel microspheres, Section 3. Results and discussion, pp. 4 to 8, and Section 4. Conclusions at p. 9). For example, Zhang states, "In this report, silica aerogel microspheres were synthesized via an APD process, but without applying any surfactants and mechanical stirring." (last paragraph of Section 1. Introduction on p. 2) This further reinforces that not only does Zhang not teach the formation of an emulsion but actively teaches away
from formation of an emulsion (including specifically teaching away from stirring).
Applicant's arguments have been fully considered but they are not persuasive because Zhang does not teach away as applicant claims. Emulsion is a fine dispersion of minute droplets of one liquid in another in which it is not soluble or miscible. Emulsifying makes a liquid mixture into or becomes an emulsion. Zhang teaches method of dispersing an organic solvent into another liquid, without using a mechanical stirrer, but using a high-pressure instrument to force or to push an organic solvent mixture into a partially condensed silica solution, which is an emulsifying process, as applicant claim emulsifying and dispersing in claim 1, before amendment. Applicant amended claim 1 with “by stirring” to claim the difference between Zhang’s teachings and applicant’s limitation. Zhang’s method is still dispersing and emulsifying by definitions.
Applicant argues that silica aerogel microspheres were synthesized via an APD process, but without applying any surfactants and mechanical stirring," then applicant provides this example below of a sub-stoichiometric amount of water. In particular, Zhang teaches TEOS, EtOH and dilute HCl mixed in a molar ratio of 1 TEOS (tetraethoxysilane): 4 EtOH: 1.85 H2O: 2 x 10-6 HCL Since TEOS has four hydrolyzable Si-OEt bonds, the 1.85 moles of H2O will be completely consumed. Zhang teaches, "a colorless transparent solution mainly containing CS was obtained with a theoretical density of SiO2 approximately 2.1 M."
Applicant's arguments have been fully considered but they are not persuasive because applicant lists an example of the hydration of TEO, step i0), which is correct that the hydration (hydrolysis) of tetraethoxysilane (TEOS) initiates a sol-gel process that provides a solution of silica precursors (silicic acid/silanols) and ultimately forms a silica gel. https://sanfanchem.com/sol-gel-method-and-teos/#:~:text=September%2011%2C%202025-,Sol%2DGel%20Method%20and%20TEOS,80%2D100%20minutes%20with%20stirring. Applicant also recites this step i0)-i1) in claim 1: “hydrolyzing two or more silica precursors in an acidic hydrolytic media in different hydrolysis conditions to provide two or more pre-hydrolyzed silica precursors… and preparing the aqueous dispersed phase comprising a hydrophilic solvent by adding said hydrophilic solvent to said aqueous dispersed phase”.
Applicant argues that According to the dosages in Table 1, typically with Sample Hep73, a
homogeneous solution was firstly prepared by dissolving 3 mL CS solution into 7 mL n-Heptane at room temperature, and left for several seconds to present a stable liquid surface. Thus, the steps of the presently claimed process are not the same as those of Zhang in at least the facts that stirring is avoided in Zhang and that unlike Zhang, an emulsion is formed in the present process.
Applicant's arguments have been fully considered but they are not persuasive because Zhang teaches the combination of steps i3) and i4) without stirring, but using NH3 gas flow, , a condensation catalyst, to emulsify or disperse a prehydrolyzed silica precursor into an insoluble organic solvent Heptane, without stirring, (pg. 3, section 2.3 Synthesis of silica aerogel microspheres) as discussed above. Zhang use NH3 gas flow to disperse/emulsify the mixture of prehydrolyzed silica precursor(s) in an organic solvent. Applicant also recites disperse/emulsify in step i3) without stirring in the specification. As explain above that the amended claim 1 adding “by stirring” is rejected because it is a new matter, which is not in the specification, as explain above.
Applicant's arguments have been fully considered but they are not persuasive because the basis for 103 rejection is that no one reference has to teach all the claim limitations for an obviousness rejection and therefore several references are combined to render the claims obvious. One with ordinary skill in the art can learn from and select specific parts of several prior arts’ teachings before the effective filing date of the invention to achieve better outcome results even though some prior arts may teach more and may teach different things. Xia et al. teach methods of preparing periodic mesoporous organosilicas (PMOs) with varieties of precursors (Abs). The distribution of organic groups in PMOs can be controlled using prehydrolysis of organosilica precursors. Claim 1 does not have limitations “by stirring”, which is not in specification, so it is rejected by 112a above; about the steps are carried out in the same container or not are not applicant’s limitations in claim 1; applicant does not have limitation of a condensation catalyst NH3 as a gas not in step i4 in claim 1; and applicant recites step “i3) emulsifying by stirring, in absence of a surfactant, the aqueous dispersed phase of the step i2) in a continuous oil phase having an opposite polarity compared to the aqueous dispersed phase to provide a water in oil emulsion”, which Zhang teaches emulsifying hydrolyzed silica into an insoluble organic solvent Heptane. Again “Emulsion is a fine dispersion of minute droplets of one liquid in another in which it is not soluble or miscible.
Applicant argues that Zhang relies on partial hydrolysis and partial condensation of the silica precursors to obtain a solution of partially hydrolyzed and partially condensed silica. Both of these steps are performed in the same vessel while using the same single silica precursor (either TEOS or TES, never both). This is another distinguishing technical feature of the presently claimed subject matter, and in particular in step i0) which recites "separately hydrolyzing two or more precursors" followed by step il), "combining the pre-hydrolyzed silica percursors of step i0) into one container".
Applicant argues that Claims 9-10, 11, 12, 13 and 14 are dependent on claim 1; they incorporate limitations of claim 1, and should be patentable by reasons above and even though they are rejected by additional prior arts in addition to prior arts to reject claim 1, but they are not cured by additional prior arts, so they should be allowed.
Applicant's arguments have been fully considered but they are not persuasive because claim 1 is not allowed by reasons above, so the rejections of claims 9-14 are maintained.
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