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 .
Status of Application
Applicants' arguments/remarks filed 06/29/2026 are acknowledged. No Claim is 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 Maghsoodi et al. (US 20160002498 A1) 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, pg. 1–9, 2018) and Trau et al. (US 07754646 B2).
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). Periodic mesoporous organosilicas PMOs are synthesized through hydrolytic polycondensation of one or more kinds of silsesquioxane precursors, (pg. 226, right col., last par.), under certain reaction conditions such as template, pH value, temperature, pressure, ageing time and so on. With different choices of organic bridge-bonded precursors, surfactant templates, and reaction conditions, a great variety of PMOs with various properties can be obtained. Moreover, PMOs with two or more organic functionalities can be achieved by
such strategies as (i) co-condensation of a bridged organosiloxane precursor with a terminal organosiloxane precursor, and (ii) co-condensation of multiple bridged organosiloxane silsesquioxane precursors precursors. (pg. 227, left col., 1st par.).
Maghsoodi et al. teach methods using silica nanoparticles have been known for a long time. (0023). When multiple silane precursors are used, the silane precursors can be mixed and hydrolyzed together or they can be hydrolyzed separately and then mixed together prior to coating a substrate. The strategy of hydrolyzing the precursors separately makes it possible to control the amounts of each precursor and also prevents extensive aggregation between the silanol species to maintain the low viscosity necessary for depositing thin films. It should be appreciated that it is also possible to hydrolyze some of the silane precursors together and hydrolyze one or more other silane precursors separately and then mix all of them together prior to coating a substrate. (0128).
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. (i3). 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.
Zhang et al. teach an ethanol solution of partially hydrolyzed, partially condensed silica (CS) was used as precursor silica aerogel microspheres to prepare microparticles via an ambient pressure drying (APD) process, but without applying any surfactants and mechanical stirring. (pg. 2, 3rd par.).
Trau et al. teach organosilica particles are formed according to embodiments of the invention by a two-step procedure. The first step is formation of an emulsion from mixing (a) acid, (b) water, and (c) a silane derivative to form a hydrolyzed silane emulsion. The second step is to add a cross-linker catalyst to the emulsion to cross-link the silane derivative under controlled conditions to make particles of a desirable size. (Col. 9, lines 5-12). The emulsion forms when the silane monomer is added to the acidified water solution. As the monomer is hydrolyzed by the acidic solution, the solubility of the monomer is increased, thus the emulsion breaks down. As the reaction is allowed to continue, the monomer polymerizes into short (Col. 9, lines 63-67) polymer chains, which are less soluble. The short polymer chains separate from the aqueous phase forming an emulsion. Most preferably, the emulsion lacks an added surfactant, as it was discovered that omitting a surfactant led to increased particle size. (Col. 10, lines 8-11). The emulsion may be mixed by stirring, sonication, or other means to form the emulsion prior to the subsequent cross-linking step. (Col. 10, lines 22-24).
Reverse Emulsion Procedure for Making More Highly Porous Particles: A useful variation of preferred embodiments is to reverse the water/oil phases of the normal emulsion process. A reversed phase process can make materials that are even more porous. In this embodiment, the same acid hydrolysis reaction described above is followed by a step that removes most (Col. 10, lines 60-67) of, and preferably all of the water. Then, a small amount of water is added back, and the solution is stirred to form a water in oil emulsion (rather than oil in water). The emulsion is brought into contact with a cross-linker by, for example, adding solution to the cross-linker or by adding cross-linker to the solution to form stable cross-linked particles. (Col. 11, lines 1-11).
The method for preparing the support particles involves a two-step process which initially involves acid-catalyzed hydrolysis to activate the monomer, followed by base catalyzed cross-linking which forms stable particles as follows. Under acidic conditions MPS monomer quickly hydrolyzes to form solubilizing silanol groups. This was observed by following the reaction visually over the first two hours. Initially, the MPS monomer was insoluble in the acidic solution, and when the solution was stirred, an emulsion was formed. Over a period of around two hours, the emulsion gradually broke down to give a clear solution. This change can be attributed to the hydrolysis of the monomer, forming the more soluble silica species. (Col. 30, lines 41-56). Other embodiments are in the claims. wherein said porous organosilica spherical particles are formed by the process of: a) forming a mixture of acid, water, and a silane or silane derivative monomer, wherein said silane or silane derivative monomer; b) during or after said forming of said mixture, exposing said mixture to a non-surfactant catalyst for cross linking, wherein said cross-linking occurs to form said organosilica spherical particles in the absence of added surfactant. (Col. 34, Claim 1).
No significant condensation of the monomer occurs after 2 hours, because of the very slow condensation rate of the monomer. The Si NMR (FIGS. 16 and 17) of a sample that
was treated with acid for 2 hours shows the presence of just the monomer (T0) and dimer (T1). (Col. 31, lines 1-5). As the reaction proceeds the solution gradually becomes cloudy, with an emulsion once again being formed. The emulsion is due to the presence of short polymer chains, which are formed from the slow polymerization of the monomer. These short polymer chains are not soluble in the aqueous solution, but are liquid, so can form an emulsion. (Col. 31, lines 23-28). In the 24 hour Si NMR sample, there were four T. peaks present. A peak at lowest field (-44.39 ppm) was due to a simple dimer, whereas a peak at -48.52 ppm was due to a trimer. This assignment was confirmed by comparing the integrated area with the T. peak at lowest field (-58.15 ppm), which corresponded to half the area of the T. peak (2:1 ratio of T:T, in a trimer). The other T and T. peaks were due to longer polymer chains (possibly 4 and 5 monomer units in
length). (Col. 31, lines 49-57). Trau et al. teach the hydrolysis of precursors depending on time, to form monomers, dimers, oligomers or longer chain and will affect steps later.
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.; the hydrolysis 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 like heptane without using a surfactant, partially condensed silica, which leads to condensation step by dispersing silica sol into a vegetable oil system without mechanical stirring, which triggered sol-gel process, and homogeneous gel could be obtained, taught by Zhang et al., on the other hand, also without a surfactant, steps of hydrolyzed silica precursors to monomers the emulsion may be mixed by stirring, sonication, or other means to form the emulsion prior to the subsequent cross-linking step, taught by Trau et al. since they have shown that organosiloxane nano-/microspheres can be prepared without a surfactant, from silica precursors, by hydrolyzing them, emulsifying them with solvent like heptane as an oil phase, with stirring, sonication, or other means to form the emulsion prior to the subsequent cross-linking step and with catalyst. And Xia et al., Ma et al. and Trau et al. teach the hydrolysis of precursors depending on time, pH condition, to form monomers, dimers, oligomers or longer chain and will affect steps later, so to control the later process, different precursors should be hydrolyzed separately.
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 they have proven, it is feasible to do so.
Response to Arguments
Regarding Claim Rejection Under 35 U.S.C. § 112a
Applicant argues that (REM pg. 6) The Office Action (OA) states, however, "Claim 1 does not have limitations 'by stirring', which is not in specification, so it is rejected by 112a above [sic]." (12/31/2025 Office Action, Response to Arguments, p. 17, second paragraph) In any event, claim 1 is described in the Specification so as to reasonably convey to one skilled in relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention. There is literal support for "stirring" at least in Example 1-1 on paragraph [000152] spanning pp. 53-54, of the written description of the PCT application. The Office Action has not provided any rationale as to why this support, previously provided (Response to 5/25/25 Office Action filed 11/17 /25, p. 6, first paragraph) is insufficient.
Applicant’s arguments have been fully considered and they are persuasive because Zhang et al. teach dispersion without stirring, which is different from emulsification of the application with stirring, so that Trau et al.’s teachings are added to teach clearly the hydrolysis of precursors to monomers, dimers, or soluble molecules to be able to emulsify at the i4 steps. However, applicant needs to clearly clarify that the i3 step is to emulsify while the steps i1 and i2, applicant has limitations of “a dispersed phase” in the hydrolysis step. Dispersing and emulsifying are both methods used to blend mixed materials, but dispersing suspends solid particles in a liquid, while emulsifying blends two immiscible liquids together, such as oil and water. Since applicant’s steps i1-i2 are dispersing, it means the precursors are still partly or some are particles, then applicant’s step i3 should be dispersing to be correctly applied and Zhang’s teachings are applied here. If applicant’s steps i1-i2 are solutions, because precursors are monomers/dimers or small molecules, then they should be solution, and should not be dispersed phase, so step i3 will be emulsifying with stirring or sonication and with strong force. Applicant needs to clarify these clearly. However, the 112a rejection was removed from the previously main part of the office action (OA).
Applicant argues that (pg. 6, last par.) claim 1 literally states, "il) combining the pre-hydrolyzed organosiloxane precursors of step i0) into one container to provide a combined pre-hydrolyzed silica precursor". (Emphasis added.) Moreover, although there is not verbatim reference to two or more containers, Step (i0) recites, "separately hydrolyzing two or more silica precursors in an acidic hydrolytic media in different hydrolysis conditions to provide two or more pre-hydrolyzed silica precursors". (Emphasis added.) Applicant respectfully submits that in order to separately hydrolyze two or more silica precursors, they cannot be mixed together in the same container.
Applicant’s arguments have been fully considered and they are persuasive, so the rejection of claim 1 is modified. Xia et al. teach PMOs are synthesized through hydrolytic polycondensation of one or more kinds of silsesquioxane precursors, (pg. 226, right col., last par.), under certain reaction conditions such as template, pH value, temperature, pressure, ageing time and so on. PMOs with two or more organic functionalities can be achieved. Trau also teaches monomer, dimer or longer chain of oligomers can form. The hydrolysis of different precursors should be separately with variation of time and pH conditions, to control amounts of monomers, without further polycondensation forming a dimer, trimer or larger polymer, to control monodisperse micron poly-organic silicon microsphere size. Maghsoodi et al. teach the strategy of hydrolyzing the precursors separately makes it possible to control the amounts of each precursor and also prevents extensive aggregation between the silanol species to maintain the low viscosity necessary for depositing thin films. It should be appreciated that it is also possible to hydrolyze some of the silane precursors together and hydrolyze one or more other silane precursors separately and then mix all of them together prior to coating a substrate. (0128).
Applicant argues that (REM pg. 7-11) Dispersing under pressure, by itself, does not create an emulsion. The inventors acknowledge that it may be possible to disperse one organic solvent into another liquid under high pressure or where a large dispersing force is applied. However, dispersing an organic solvent into another liquid does not systematically produce an emulsion, even when a high-pressure instrument is used. The outcome of dispersing depends on the type of process used, the synthesis conditions, and the instrument employed. To be clear, the equating of "mixing two immiscible liquids" with "emulsification" is technically incorrect. Emulsification requires high shear, not just mixing. To generate an emulsion, one must apply a high shear force to generate intense shear and cavitation forces that fragment the immiscible phase into fine droplets – which generally requires a high-pressure homogenizer. In contrast, Zhang does not apply high-pressure shear. Claims 1 and 23 are also patentable, because Zhang does not provide a dispersed aqueous phase of pre-condensed silica precursors as required by Step (i2) of the presently claimed process. Instead, Zhang dissolves the partially condensed silica (CS) solution in n-heptane to obtain a homogeneous, single-phase solution. Zhang's silica precursors are hydrophobic and miscible with heptane and are dissolved in the organic phase. In contrast, the presently claimed process requires that the silica-precursor solution is hydrophilic, forming an "aqueous dispersed phase" immiscible with the oil phase (Step i2). In Step (i3), this "aqueous dispersed phase" is dispersed by stirring into a continuous oil phase to form droplets that become the nano-/microspheres of Step (i4) - a heterogeneous water-in-oil emulsion, which is the opposite of Zhang's homogeneous solution.
Applicant’s arguments have been fully considered and they are not persuasive. Dispersing and emulsifying are both methods used to blend mixed materials, but dispersing suspends solid particles in a liquid, while emulsifying blends two immiscible liquids together, such as oil and water. And applicant has steps i1 and i2 are dispersed phases, which are conflicting from step i3: a water-in-oil (W/O) emulsion produced by mixing dispersed hydrolyzed silica sol-gel in water into vegetable oil under controlled mechanical stirring. Do applicant have step i1-i2 solid particles to be dispersed phases, but then step i3 liquid phase only to be emulsified? Dispersed hydrolyzed silica particles (especially fine or surface-modified sol-gel silica particles) act as solid stabilizers. When subjected to controlled mechanical shear or stirring with an immiscible phase like vegetable oil, these particles adsorb at the water-oil interface and successfully form particle-stabilized (Pickering) water-in-oil emulsions. Zhang teaches dispersing without stirring, matching Pickering emulsions. Applicant can provide specific critical parameters (such as extreme pH, wrong hydrophobicity/hydrophilicity ratio, or incompatible concentrations) entirely preclude droplet stabilization in the cited reference, the physical chemistry of silica colloids contradicts their argument. For dispersing wetting agents or mechanical shear are used to prevent solid particles from clumping or settling. On the other hand, Trau et al.’s teachings are added to teach clearly the hydrolysis of precursors to monomers, dimers, or soluble molecules to be able to emulsify at the i3 steps, that its mixing a clear solution in an oil. Zhang teaches dispersion. Trau teaches emulsion. Applicant has limitations of dispersion in step i1-i2, but emulsion in step i3.
Applicant argues that (REM pg. 11) Claims 9-14 references are not to cure the deficiencies in the rejection of claim 1.
Applicant’s arguments have been fully considered but they are not persuasive as explained above.
Applicant argues that (REM pg. 11-16): Claim Rejections Under 35 U.S.C. § 103. Claims 1 and 23.
Applicant’s arguments have been fully considered but they are not persuasive as explained above.
Applicant argues that (REM pg. 16-19): Claims 9-14 references are not to cure the deficiencies in the rejection of claim 1.
Applicant’s arguments have been fully considered but they are not persuasive as explained above.
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
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