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 .
Response to Amendment
The amendment filed on 12/29/2025 has been entered into the prosecution of the application.
Rejection(s) under 35 U.S.C. 112(b) is/are withdrawn upon the submission of the claim amendment 12/29/2025.
Currently, claim(s) 1-20 is/are pending, with claims 1-15 withdrawn from consideration.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park, Miso, et al. "Ultrasonication assisted production of silver nanowires with low aspect ratio and their optical properties." Ultrasonics sonochemistry 22 (2015): 35-40 (hereinafter referred to as Park) in view of Jillian M. Buriak of US 2015/0037517 A1 (hereinafter referred to as Buriak) and Yan, Dongpeng, et al. "Ultrasound‐Assisted Construction of Halogen‐Bonded Nanosized Cocrystals That Exhibit Thermosensitive Luminescence." Chemistry–A European Journal 19.25 (2013): 8213-8219 (hereinafter, Yan).
As to claim 16, Park teaches to a method of synthesizing nanoparticles having predetermined surface functionalization (Park, pg. 36, second para., teaches to a method of synthesizing nanoparticles having predetermined surface functionalization, as Park teaches to novel method to make short nanowires by fragmentizing as produced silver nanowires; Park teaches that Ag nanowires were synthesized in a modified polyol reduction process), comprising the steps of:
sonofragmenting at least one ultra-thin one-dimensional substrate unit (Park, pg. 38, first para., teaches to sonofragmenting at least one ultra-thin-one-dimensional substrate unit, as Park teaches to using an ultrasonic processor which can generate the ultrasound with frequency of 20 kHz and maximum power of 700 W), comprising a high-aspect ratio nanowire (Park, pg. 38, teaches to comprising a high-aspect ratio nanowire, as Park teaches that silver nanowires were fragmentized), in at least one solvent (Park, pg. 36, third para., teaches to in at least one solvent, as Park teaches to using 5 ml of as-produced Ag NWs in methanol was diluted with 200 ml of deionized water and then the solution was well dispersed using an ultrasonic bath), the solvent being chosen for suitability for sonofragmentation of the substrate and having at least one chemistry compatible with achieving the predetermined surface functionalization (the term “”the solvent being chosen for suitability for sonofragmentation of the substrate and having at least one chemistry compatible with achieving the predetermined surface functionalization” is an intended use; nonetheless, Park, pg. 36, third para., teaches to the solvent being chosen for suitability for sonofragmentation of the substrate and having at least chemistry compatible with achieving the predetermined surface functionalization, as Park teaches to using methanol in conjunction with an ultrasonic bath and the modified polyol reduction process), for a length of time (Park, pg. 38, first para., teaches to for a length of time, as Park teaches that input power was set to the 25%, 50%, or 75% of the maximum power and irradiation time to 0.5 h, 1.0 h, or 2h).
Park does not explicitly teach sufficient to produce monodisperse nanoparticles having a maximum dimension in all directions of less than 100 nm and having at least one surface-bonded solvent molecule.
In an analogous art, Yan teaches to sufficient to produce monodisperse nanoparticles having a maximum dimension in all directions of less than 100 nm and having at least one surface-bonded solvent molecule (Yan, pg. 8214, Fig. 2b, teaches to sufficient to produce monodisperse nanoparticles having a maximum dimension in all directions of less than 100 nm and having at least one surface-bonded solvent molecule, as Yan teaches that the obtained cocrystals exhibit approximately spherical morphology with a uniform size of about 60-70 nm, thus demonstrating the formation of nano-dimensional crystals).
Both Park and Yan relate to ultrasound-assisted preparation of nanoparticles. Park does not explicitly teach that sonofragmenting results in monodisperse nanoparticles. Park does teach using ultrasonication in fragmenting nanowires into nanoparticles. Yan teaches to sonochemical method using ultrasonication, resulting in monodisperse nanoparticles having a maximum dimension in all directions of less than 100 nm.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Park with the sonofragmentation of Yan for obtaining nanoparticles.
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Fig. 3 (d) of Park, the average length of nanowires according to ultrasonication time
Park in view of Yan does not explicitly teach performing chemical modification to replace the at least one surface-bonded solvent molecule with other functional groups to produce the nanoparticles having the predetermined surface functionalization.
In an analogous art, Buriak teaches to performing chemical modification to replace the at least one surface-bonded solvent molecule with other functional groups to produce the nanoparticles having the predetermined surface functionalization (Buriak, paragraphs [0072], [100], teaches to performing chemical modification to replace the at least one surface-bonded solvent molecule with other functional groups to produce the nanoparticles having the predetermined surface functionalization, as Buriak teaches to performing a ligand-exchange).
Both Park in view of Yan and Buriak disclose modifying silver nanowires, wherein Buriak discloses modifying work functions of silver nanowires to effectively modify the properties of silver nanowires (Buriak, paragraph [0073]). For instance, Buriak discloses that, to tune work function, various ligands were used for PVP ligand exchange (Buriak, Fig. 15), and that the PVP ligand is easy to exchange because of weak binding between the PVP and the silver nanowires surface (Buriak, paragraph [0100]). The PVP ligand can be easily displaced by α,ω-thiols, resulting in silver-thiol linkages, and the ω group acting as the external terminal group for the silver nanowires (Buriak, paragraph [0100] and Table 7).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Park in view of Yan with the ligand exchange of Buriak for modifying properties of silver nanowires by tuning work function (Buriak, paragraph [0100]).
As to claim 17, Park in view of Yan and Buriak teaches to the method of claim 16, further comprising the steps of:
adding at least one surfactant (the surface of silver nanoparticles can be covered with the PVP molecules when excess PVP molecules exist; 1.83g of PVP were injected to the clean flask; Park, page 36, first and third para.) having at least one chemistry related to the predetermined surface functionalization into the substrate-containing solvent; and
continuing sonofragmenting for a length of time sufficient to produce nanoparticles having at least one surface-bonded surfactant molecule (input power was set to the 25%, 50%, or 75% of the maximum power and irradiation time to 0.5 h, 1.0 h, or 2h; Park, page 38, first para.); and
wherein the step of performing chemical modification further comprises the step of replacing any surface-bonded surfactant molecule with other functional groups to produce the nanoparticles having the predetermined surface functionalization (Buriak teaches that, to tune work function, various ligands were used for PVP ligand exchange; Buriak, Fig. 15; and that the PVP ligand is easy to exchange because of weak binding between the PVP and the silver nanowires surface; Buriak, paragraph [0100]); the PVP ligand can be easily displaced by α,ω-thiols, resulting in silver-thiol linkages, and the ω group acting as the external terminal group for the silver nanowires; Buriak, paragraph [0100] and Table 7).
As to claim 18, Park in view of Yan and Buriak teaches to the method of claim 16, further comprising the step of performing solvent exchange with a second solvent to produce a solution of synthesized nanoparticles dispersed in the second solvent (the silver nanowires precipitated at the bottom, wherein the supernatant was decanted post-centrifugation and was dispersed into a second solvent of methanol thereafter; Buriak, paragraph [0071]).
As to claim 19, Park in view of Yan and Buriak teaches to the method of claim 18, wherein the second solvent has at least one chemistry compatible with achieving the predetermined surface functionalization of the synthesized nanoparticles (methanol; Buriak, paragraph [0071]). Methanol is very well-known choice as a solvent in the sonochemical art due to the fact, among other things, that methanol is a good hydroxyl radical scavenger, offering a good reducing environment.
Claim(s) 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park, Miso, et al. "Ultrasonication assisted production of silver nanowires with low aspect ratio and their optical properties." Ultrasonics sonochemistry 22 (2015): 35-40 (hereinafter referred to as Park) in view of Yan, Dongpeng, et al. "Ultrasound‐Assisted Construction of Halogen‐Bonded Nanosized Cocrystals That Exhibit Thermosensitive Luminescence." Chemistry–A European Journal 19.25 (2013): 8213-8219 (hereinafter, Yan) and Jillian M. Buriak of US 2015/0037517 A1 (hereinafter referred to as Buriak), as applied to claim 16 above, and in further view of Koczkur, Kallum M., et al. "Polyvinylpyrrolidone (PVP) in nanoparticle synthesis." Dalton transactions 44.41 (2015): 17883-17905 (hereinafter referred to as Koczkur).
As to claim 20, Park in view of Yan and Buriak teaches to the method of claim 16, wherein the step of sonofragmenting further comprises the steps of:
dispersing the at least one ultra-thin substrate in the at least one solvent to form a suspension (Park, page 36, first and third para., teaches to dispersing the at least one ultra-thin substrate in the at least one solvent to form a suspension, as Park teaches that the surface of silver nanoparticles can be covered with the PVP molecules when excess PVP molecules exist; 1.83g of PVP were injected to the clean flask); and
ultrasonicating the suspension for a length of time sufficient to fragment the at least one substrate (Park, page 38, first para., teaches to ultrasonicating the suspension for a length of time sufficient to fragment the at least one substrate, producing a plurality of single nanoparticles dispersed in the solvent, as Park teaches that input power was set to the 25%, 50%, or 75% of the maximum power and irradiation time to 0.5 h, 1.0 h, or 2h).
Park in view of Yan and Buriak does not explicitly teach producing a plurality of single nanoparticles dispersed in the solvent.
In an analogous art, Koczkur teaches to producing a plurality of single nanoparticles dispersed in the solvent (Koczkur, pg. 17884, teaches to producing a plurality of single nanoparticles dispersed in the solvent, as Koczkur taches that PVP can serve as a surface stabilizer, growth modifier, nanoparticle dispersant, and reducing agent). Koczkur teaches that PVP is a great stabilizer, preventing the aggregation of NPs via the repulsive forces that arise from its hydrophobic carbon chains that extend into solvents and interact with each other (steric hindrance effect), and in some cases, the obtained interparticle distances are so elongated that PVP can be considered a ‘dispersant’ (Koczkur, page 17884).
Park in view of Yan and Buriak discloses using PVP in sonofragmentation of silver nanowires to produce nanoparticles, and Koczkur teaches why one of ordinary skill in the art would be choosing PVP as not only surface stabilizer (surfactant) but also as a dispersant (Koczkur, page 17884).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have combined the method of Park in view of Yan and Buriak with the dispersant of Koczkur for producing nanoparticles with high dispersion for improving sonofragmentation, thereby resulting in unique chemical, physical and mechanical properties of nanoparticles.
Response to Arguments
Applicant's arguments filed 12/29/2025 have been fully considered but they are not persuasive.
On pg. 8 of 10, the applicant asserts that the claimed invention is not made obvious by Park in view of Buriak because the claimed invention, as amended, now recites the terms “monodisperse” and “a maximum dimension in all directions of less than 100 nm”.
Claim(s) 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park, Miso, et al. "Ultrasonication assisted production of silver nanowires with low aspect ratio and their optical properties." Ultrasonics sonochemistry 22 (2015): 35-40 (hereinafter referred to as Park) in view of Jillian M. Buriak of US 2015/0037517 A1 (hereinafter referred to as Buriak) and Yan, Dongpeng, et al. "Ultrasound‐Assisted Construction of Halogen‐Bonded Nanosized Cocrystals That Exhibit Thermosensitive Luminescence." Chemistry–A European Journal 19.25 (2013): 8213-8219 (hereinafter, Yan). Please refer to the rejection above.
In particular, the applicant argues that Park teaches away from the method of the claimed invention, because Park teaches that “Prior study shows that particles tend to be more agglomerated as irradiation time is increased.” The applicant points out the claimed invention comprises long sonofragmentation times at relatively low power are used to produce monodisperse (non-agglomerated) nanoparticles. However, the Examiner disagrees because even if Park teaches “that the higher ultrasonication power can help to make nanowires shorter but to make nanowires be more agglomerated… Prior study shows that particles tend to be more agglomerated as irradiation time is increased … Based on these results, one should note that it is important to choose a suitable condition to avoid the agglomeration of fragmented nanowires…”, one can make sound judgements in optimization to arrive at the claimed invention. Park can only be said to teach away from the claimed invention when the teachings of Park make the combination inoperable. Park does not teach away from the claimed invention unless proven otherwise. For instance, Yan teaches that using ultrasonication to produce nanoparticles less than 100 nm in all dimensions is well known in the art of sonofragmentation.
Further, in response to applicant's argument that Park teaches away, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., long sonofragmentation times at relatively low power are used to produce monodisperse) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
At least for these reasons, the rejection is maintained.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN LEE whose telephone number is (703)756-1254. The examiner can normally be reached M-F, 7:00-16:00.
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/JOHN LEE/Examiner, Art Unit 1794
/JAMES LIN/Supervisory Patent Examiner, Art Unit 1794