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 .
Detailed Action
Summary
This is a Final Office action based on the 17/615425 response filed 07/17/2026.
Claims 1-9, 11-13, 18 & 25 have been cancelled.
Claims 10, 14-17, 19-24, 26-45 have fully been examined.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 10, 14-17, 21-24 are rejected under U.S.C. 103 as being obvious over BANGERA in US 20100069606 in view of CHEN in US 20070265379 and further in view of QUNHONG in Functionalized hexagonal boron nitride nanomaterials: emerging properties and applications (as cited on IDS dated 11/30/2021).
With respect to Claim 10, BANGERA teaches a method of making a nanostructure which can be marked with a fluorescent marker fluorophore (so making a fluorophore as claimed) (abstract, paragraph 0091-0092).
BANGERA teaches that the nanostructure can comprise a boron nitride nanotube and nanodots (abstract, 0007, 0011, 0024, 0053). BANGERA teaches that the nanostructures are sonicated/mechanically processed to introduce/functionalize carboxylates (polar groups) onto the nanotubes (paragraph 0192, 0191). BANGERA further teaches that the nanostructures are functionalized at their defects (imperfections) (paragraph 0047). BANGERA teaches that acid oxidation/treatment can be used to introduce the polar carboxylate group (paragraph 0192)—thereby performing the claimed treating and thereby leading to the claimed processed nanodot carriers. BANGERA then teaches of filtering/precipitating the nanostructures/tubes and then centrifuging/precipitating them (paragraph 0192).
BANGERA then teaches of using linkers such as DSPE-PEG(n) where the Mw is about 2000 and the Mw is above 1000 and which has two functional groups (DSPE and PEG) (0046, 0190). Further, the linkers are further connected to fluorophore markers that can be covalently bound/conjugated to the carrier or non-covalently bound (0044, 0047, 0048). BANGERA teaches of the nanostructure having a length of 1 nm to 1500 nm and a diameter of 0.5 nm to 5nm (paragraph 0007).
BANGERA focuses on the use of boron nitride nanotubes and not nanodots, however teaches that nanodots can be used with the nanotubes (paragraph 0007, 0009, 0011, 0024, 0028, 0053, 0090, 0093).
CHEN is used to remedy this and teaches of methods for making nanocomposites (abstract), wherein the composite can be a boron nitride nanodot instead of a boron nitride nanotube or can be a combination of boron nitride nanotubes and nanodots (CHEN, Claim 13, Claim 66). CHEN teaches that generally the term nanotube (which is used in BANGERA too) is “used broadly herein…is intended to encompass any type of nanomaterial,” (paragraph 0045). CHEN also teaches that the nanostructures have a circumference on the atomic scale. For example, the diameter of single walled nanotubes typically ranges from approximately 0.4 nanometers (nm) to approximately 100 nm, and most typically have diameters ranging from approximately 0.7 nm to approximately 5 nm and a thickness of 2-10 mu.m (paragraph 0045, 0084), so this reads on all dimensions being less than 100 nm as claimed.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to use nanodots instead of nanotubes or to interchanges them as is done in CHEN in the method of BAGERA due to the advantage changing structures has for improved properties (paragraph 0013, 0045-0046).
If it is still unclear that BANGERA and CHEM teach of the claimed thickntess.
QUNHONG teaches of a method for preparation (method of making) of edge-hydroxylated h-BN dots, which is a nanodot carrier and subsequent derivatization of their surface polar group (Page 3995-3996, Figure 3 description, Page 3995, column 1, paragraph 1), obtainable via standard sonication-assisted liquid exfoliation and solvothermal processes.
Specifically, QUNHONG teaches of mechanically processing boron nitride through sonication which includes hydrolysis induced exfoliation, cutting, and hydroxylation of the BN layers- this can be considered which creates, “imperfections,” as instantly claimed (Page 3993, column 1, paragraph 1, lines 1-11).
QUNHONG further teaches that the surface polar group can be derivatized (this can be considered that “imperfections,” are treated to provide polar groups at the “imperfections,” (Page 3995-3996). All of the groups on Pages 3995-3996 can be considered polar groups at imperfections. QUNHONG further teaches of processing in a polar liquid (water) (Page 3993, column 1, paragraph 1, lines 1-11).
QUNHONG further teaches of using hexagonal boron nitride (abstract and title, Figure 3 description, and Page 3995, column 1, first paragraph). PAKDEL teaches of the nanosheet and dots having a thickness which is 10 nm or less (less than 100 nm) (Page 3991, column 1, 2nd paragraph, Page 4000, column 1, paragraph 2).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to use a nanodot/sheet thickness as is done in QUNHONG in the method of BANGERA and CHEN due to the advantage this has in molding the nanomaterial into a low dimensional particle (QUNHONG, Page 4000, column 1, paragraph 2).
With respect to Claims 14-15, BANGERA teaches that the nanostructure can comprise a boron nitride nanotube and nanodots (abstract, 0007, 0011, 0024, 0053). BANGERA teaches that the nanostructures are sonicated/mechanically processed to introduce/functionalize carboxylates (polar groups) onto the nanotubes (paragraph 0192, 0191).
With respect to Claim 16, BANGERA teaches that acid oxidation/treatment can be used to introduce the polar carboxylate group (carboxylate has OH group) (paragraph 0192)—thereby performing the claimed treating and thereby leading to the claimed processed nanodot carriers.
With respect to Claim 17, BANGERA teaches of using DMF (paragraph 0164, 0195).
With respect to Claim 21, BANGERA teaches of using an organic solvent (paragraph 0050, 0193, 0194, 0195).
With respect to Claim 22, BANGERA teaches of the nanotubes including hydrocarbons (paragraph 0035). BANGERA teaches that the nanostructures are sonicated/mechanically processed to introduce/functionalize carboxylates (polar groups) onto the nanotubes (paragraph 0192, 0191). BANGERA further teaches that the nanostructures are functionalized at their defects (imperfections) (paragraph 0047). BANGERA teaches that acid oxidation/treatment can be used to introduce the polar carboxylate group (paragraph 0192)—thereby performing the claimed treating.
With respect to Claim 23, BANGERA teaches of the invention as shown above but does not teach of the boron nitride being hexagonal. CHEN is used to remedy this and teaches of the tube which can be a dot being hexagonal (paragraph 0003, 0045). See reason for combination from Claim 10.
With respect to Claim 24, BANGERA teaches of the invention as shown above but does not teach of the boron nitride being hexagonal. CHEN is used to remedy this and teaches of the tube which can be a dot being hexagonal (paragraph 0003, 0045). See reason for combination from Claim 10. BANGERA teaches of the nanotubes including hydrocarbons (paragraph 0035). BANGERA teaches that the nanostructures are sonicated/mechanically processed to introduce/functionalize carboxylates (polar groups) onto the nanotubes (paragraph 0192, 0191). BANGERA further teaches that the nanostructures are functionalized at their defects (imperfections) (paragraph 0047). BANGERA teaches that acid oxidation/treatment can be used to introduce the polar carboxylate group (paragraph 0192)—thereby performing the claimed treating.
Claims 19-20, & 27-29, 31-41, are rejected under U.S.C. 103 as being obvious over BANGERA in US 20100069606 in view of CHEN in US 20070265379 and further in view of QUNHONG in Functionalized hexagonal boron nitride nanomaterials: emerging properties and applications (as cited on IDS dated 11/30/2021) and further in view of HUELSEMANN in US 20180017579.
With respect to Claim 19, BANGERA in view of CHEN in view of QUNHONG teaches of the claims as shown above and QUNHONG further teaches of precipitating the hydroxylated BN materials (Page 3994, Figure 2 description). CHIU also teaches of the method as shown above. They do not teach of precipitation with centrifugation as claimed and the exchanging of polar liquid with water.
HUELSEMANN is used to remedy this and teaches of a method of making and modifying nanoparticles(nanodots) (paragraph 0049-0050). HUELSEMANN specifically teaches of making silica nanoparticles through the Stöber process. Ethanol, water and ammonia solution (polar solution since ethanol, water, and ammonia are all polar) are brought in contact with one another at a suitable ratio, depending on the desired size of the nanoparticle to be synthesized. Tetraethoxy orthosilicate (abbreviates as, TEOS) is added to this batch, and the Stöber process is carried out (adding to a batch/bringing into contact can be considered mechanically processing). The ratio of the solvents, catalysts and reactants to one another determines the size of the particles and is selected such that the nanoparticle has the size of the protein aggregate, such as an oligomer of the protein misfolding disease to be detected. As a result, the silica nanoparticle having the desired size of the aggregate and/or oligomer is present. HUELSEMANN further teaches that hydroxyl groups are present on the surface of the silica nanoparticle (hydroxyl groups are polar groups, and these can be considered “imperfections,” as claimed). HUELSEMANN teaches of centrifuging (mechanically processing) this solution (paragraph 0044).
HUELSEMANN also teaches of a carboxyl group(contains hydroxyl group)(polar imperfection) is applied to the particle surface by reacting the amino group with succinic acid anhydride(acid treatment). For this purpose, the particle pellet is dissolved under an argon atmosphere in 0.1 M succinic acid anhydride in DMF (dimethylformamide) sonified for 20 minutes, and subsequently stirred overnight under an argon atmosphere at room temperature. The next day, the DMF solution is replaced with ethanol by way of three centrifugation and washing steps (3000 g, at least 2 hours) with ethanol. The pellet must be sonified for at least 30 minutes after every centrifugation step so as to separate the particles again. [0113] In the case of 20 nm SiNP, 500 mg aminated SiNP (from step 3 A) in 50 mL of a 0.1 M succinic acid anhydride solution in DMF is stirred overnight (therefore, HUELSEMANN teaches of processing by stirring and sonication (which can be considered mechanical processing), and then following that by centrifugation in ethanol which is a polar liquid to separate/precipitate the particles (paragraph 0111-0119).
HUELSEMANN teaches that after centrifugation the particles are then washed in water (which can read as the polar solution being exchanged with water) (paragraph 0111-0119). See above reasons for combination
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention and one would have had reasonable expectation of success of/to precipitate or centrifuge out the particles as is done in HUELSEMANN in the methods of BANGERA in view of CHEN in view of QUNHONG since this offers advantage of biofunctionalizing the particles (HUELSEMANN, paragraph 0110).
With respect to Claim 20, BANGERA in view of CHEN in view of QUNHONG teach of the claimed invention as shown above. HUELSEMANN teaches of dialyzing against ethanol (which means exchanging ethanol for water)(paragraph 0107), and then treating with acid (paragraphs 0111-0119). Also see Claim 19 rejection. See above reasons for combination.
With respect to Claim 27, BANGERA and CHEN teach of the invention as shown above. They do not teach of the claimed amount of layers. QUNHONG teaches of the BN being layered structures (Page 3990, column 1, paragraph 1). This can read on less than “about” 30 through broadest reasonable interpretation. See reason for combination from Claim 10.
With respect to Claim 28, BANGERA and CHEN teach of the invention as shown above. They do not teach of the claimed amount of layers. QUNHONG teaches of the BN being layered structures (Page 3990, column 1, paragraph 1) and further teaches of having 3 and 6 layers (Figure 5, description & Page 4000, column 2, paragraph 2). See reason for combination from Claim 1.
With respect to Claim 29, BANGERA and CHEN teach of the invention as shown above. They do not teach of the claimed having 10 polar groups at imperfections. QUNHONG teaches of a method for preparation (method of making) of edge-hydroxylated h-BN dots, which is a nanodot carrier and subsequent derivatization of their surface polar group (Page 3995-3996, Figure 3 description, Page 3995, column 1, paragraph 1), obtainable via standard sonication-assisted liquid exfoliation and solvothermal processes.
Specifically, QUNHONG teaches of mechanically processing boron nitride through sonication which includes hydrolysis induced exfoliation, cutting, and hydroxylation of the BN layers- this can be considered which creates, “imperfections,” as instantly claimed (Page 3993, column 1, paragraph 1, lines 1-11).
QUNHONG further teaches that the surface polar group can be derivatized (this can be considered that “imperfections,” are treated to provide polar groups at the “imperfections,” (Page 3995-3996). All of the groups on Pages 3995-3996 can be considered polar groups at imperfections. QUNHONG further teaches of processing in a polar liquid (water) (Page 3993, column 1, paragraph 1, lines 1-11). QUNHONG teaches that there are 5 polar groups (see Figure 1). It would have been obvious to one or ordinary skill in the art to optimize the amount of polar groups used through routine experimentation. Also see reason for combination from claim 10.
With respect to Claim 31, BANGERA and CHEN teach of the invention as shown above. They do not teach of the claimed centrifugation rpm or exchanging. QUNHONG teaches of a method for preparation (method of making) of edge-hydroxylated h-BN dots, which is a nanodot carrier and subsequent derivatization of their surface polar group (Page 3995-3996, Figure 3 description, Page 3995, column 1, paragraph 1), obtainable via standard sonication-assisted liquid exfoliation and solvothermal processes.
Specifically, QUNHONG teaches of mechanically processing boron nitride through sonication which includes hydrolysis induced exfoliation, cutting, and hydroxylation of the BN layers- this can be considered which creates, “imperfections,” as instantly claimed (Page 3993, column 1, paragraph 1, lines 1-11).
QUNHONG further teaches that the surface polar group can be derivatized (this can be considered that “imperfections,” are treated to provide polar groups at the “imperfections,” (Page 3995-3996). All of the groups on Pages 3995-3996 can be considered polar groups at imperfections. QUNHONG further teaches of processing in a polar liquid (water) (Page 3993, column 1, paragraph 1, lines 1-11).
QUNHONG teaches of covalently attaching groups to the BN nanostructure (Page 3992, column 2, 2nd from last paragraph) and also of attaching other substances such as aminos and amines and alkyls (Page 3995, column 1, 2nd from last paragraph, Page 3995, column 2, 3.3, Page 3996, column 1, paragraph 1). PADKEL teaches of what is shown above.
They do not teach of the use of the claimed centrifugation or the claimed size of the particle.
HUELSEMANN is used to remedy this and teaches of a method of making and modifying nanoparticles(nanodots) (paragraph 0049-0050) which are under 100 nm (paragraph 0038, 0079-0080) (in thickness, width and length as is a particle). HUELSEMANN specifically teaches of making silica nanoparticles through the Stöber process. Ethanol, water and ammonia solution (polar solution since ethanol, water, and ammonia are all polar) are brought in contact with one another at a suitable ratio, depending on the desired size of the nanoparticle to be synthesized. Tetraethoxy orthosilicate (abbreviates as, TEOS) is added to this batch, and the Stöber process is carried out (adding to a batch/bringing into contact can be considered mechanically processing). The ratio of the solvents, catalysts and reactants to one another determines the size of the particles and is selected such that the nanoparticle has the size of the protein aggregate, such as an oligomer of the protein misfolding disease to be detected. As a result, the silica nanoparticle having the desired size of the aggregate and/or oligomer is present. HUELSEMANN further teaches that hydroxyl groups are present on the surface of the silica nanoparticle (hydroxyl groups are polar groups, and these can be considered “imperfections,” as claimed). HUELSEMANN teaches of centrifuging (mechanically processing) this solution (paragraph 0044).
HUELSEMANN also teaches of a carboxyl group(contains hydroxyl group)(polar imperfection) is applied to the particle surface by reacting the amino group with succinic acid anhydride(acid treatment). For this purpose, the particle pellet is dissolved under an argon atmosphere in 0.1 M succinic acid anhydride in DMF (dimethylformamide) sonified for 20 minutes, and subsequently stirred overnight under an argon atmosphere at room temperature. The next day, the DMF solution is replaced with ethanol by way of three centrifugation and washing steps (3000 g, at least 2 hours) with ethanol. The pellet must be sonified for at least 30 minutes after every centrifugation step so as to separate the particles again. [0113] In the case of 20 nm SiNP, 500 mg aminated SiNP (from step 3 A) in 50 mL of a 0.1 M succinic acid anhydride solution in DMF is stirred overnight (therefore, HUELSEMANN teaches of processing by stirring and sonication (which can be considered mechanical processing), and then following that by centrifugation in ethanol which is a polar liquid to separate/precipitate the particles (paragraph 0111-0119).
HUELSEMANN teaches that after centrifugation the particles are then washed in water (which can read as the polar solution being exchanged with water) (paragraph 0111-0119). See above reasons for combination
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention and one would have had reasonable expectation of success of/to precipitate or centrifuge out the particles of the size as is done in HUELSEMANN in the methods of BANGERA and CHEN and QUNHONG since this offers advantage of bio-functionalizing the particles (HUELSEMANN, paragraph 0110).
With respect to Claim 32, BANGERA teaches that acid oxidation/treatment can be used to introduce the polar carboxylate group (paragraph 0192)—thereby performing the claimed treating and thereby leading to the claimed processed nanodot carriers. BANGERA then teaches of filtering/precipitating the nanostructures/tubes and then centrifuging/precipitating them (paragraph 0192). BANGERA teaches of centrifugation at 7000 rpm for 5 minutes, which can be considered about 10,000 rpm for about 10 minutes through broadest reasonable interpretation( paragraph 0192).
BANGERA then teaches of using linkers such as DSPE-PEG(n) where the Mw is about 2000 and the Mw is above 1000 and which has two functional groups (DSPE and PEG) (0046, 0190). Further, the linkers are further connected to fluorophore markers that can be covalently bound/conjugated to the carrier through the linkers or non-covalently bound (0044, 0047, 0048).
With respect to Claim 33, BANGERA teaches that acid oxidation/treatment can be used to introduce the polar carboxylate group (paragraph 0192)—thereby performing the claimed treating and thereby leading to the claimed processed nanodot carriers. BANGERA then teaches of filtering/precipitating the nanostructures/tubes and then centrifuging/precipitating them (paragraph 0192). BANGERA teaches of centrifugation at 7000 rpm for 5 minutes, which can be considered about 10,000 rpm for about 10 minutes through broadest reasonable interpretation( paragraph 0192).
BANGERA then teaches of using linkers such as DSPE-PEG(n) where the Mw is about 2000 and the Mw is above 1000 and which has two functional groups (DSPE and PEG) (0046, 0190). Further, the linkers are further connected to fluorophore markers that can be covalently bound/conjugated to the carrier through the linkers or non-covalently bound (0044, 0047, 0048).
With respect to Claim 34, BANGERA teaches that acid oxidation/treatment can be used to introduce the polar carboxylate group (paragraph 0192)—thereby performing the claimed treating and thereby leading to the claimed processed nanodot carriers. BANGERA then teaches of filtering/precipitating the nanostructures/tubes and then centrifuging/precipitating them (paragraph 0192). BANGERA teaches of centrifugation at 7000 rpm for 5 minutes, which can be considered about 10,000 rpm for about 10 minutes through broadest reasonable interpretation( paragraph 0192).
BANGERA then teaches of using linkers such as DSPE-PEG(n) where the Mw is about 2000 and the Mw is above 1000 and which has two functional groups (DSPE and PEG) (0046, 0190). Further, the linkers are further connected to fluorophore markers that can be covalently bound/conjugated to the carrier through the linkers or non-covalently bound (0044, 0047, 0048).
With respect to Claim 38, BANGERA teaches of using DMF (paragraph 0164, 0195). BANGERA teaches of using an organic solvent (paragraph 0050, 0193, 0194, 0195).
With respect to Claim 39, BANGERA teaches of using DMF (paragraph 0164, 0195). BANGERA teaches of using an organic solvent (paragraph 0050, 0193, 0194, 0195).
With respect to Claim 40, BANGERA teaches of the invention as shown above but does not teach of the boron nitride being hexagonal. CHEN is used to remedy this and teaches of the tube which can be a dot being hexagonal (paragraph 0003, 0045). See reason for combination from Claim 31.
With respect to Claim 41, BANGERA and CHEN teach of the invention as shown above. They do not teach of the claimed processing using polarity imbalances. QUNHONG teaches of a method for preparation (method of making) of edge-hydroxylated h-BN dots, which is a nanodot carrier and subsequent derivatization of their surface polar group (Page 3995-3996, Figure 3 description, Page 3995, column 1, paragraph 1), obtainable via standard sonication-assisted liquid exfoliation and solvothermal processes.
Specifically, QUNHONG teaches of mechanically processing boron nitride through sonication which includes hydrolysis induced exfoliation, cutting, and hydroxylation of the BN layers- this can be considered which creates, “imperfections,” /disruptions (which would give polarity imbalance) as instantly claimed (Page 3993, column 1, paragraph 1, lines 1-11).
QUNHONG further teaches that the surface polar group can be derivatized (this can be considered that “imperfections,” are treated to provide polar groups at the “imperfections,” (Page 3995-3996). All of the groups on Pages 3995-3996 can be considered polar groups at imperfections. QUNHONG further teaches of processing in a polar liquid (water) (Page 3993, column 1, paragraph 1, lines 1-11). See reason for combination from Claim 31.
Claims 26, 30, 35-37, 42-45 are rejected under U.S.C. 103 as being obvious over BANGERA in US 20100069606 in view of CHEN in US 20070265379 and further in view of QUNHONG in Functionalized hexagonal boron nitride nanomaterials: emerging properties and applications (as cited on IDS dated 11/30/2021) HUELSEMANN in US 20180017579 and further in view of PAKDEL in Nano boron nitride.
With respect to Claim 26, BANGERA and CHEN and QUNHONG teach of the invention as shown above. QUNHONG teaches of using hexagonal boron nitride (abstract and title, Figure 3 description, and Page 3995, column 1, first paragraph). They do not teach of the claimed size. HUELSEMANN is used to remedy this and teaches of a method of making and modifying nanoparticles(nanodots) (paragraph 0049-0050) which are under 100 nm (paragraph 0038, 0079-0080) (in thickness, width and length as is a particle). See reason for combination from above. PAKDEL also teaches of the nanosheet and dots having a thickness which is 10 nm or less (less than 100 nm) (Page 940, column 2, 2nd from bottom paragraph, Page 943, column 1, paragraph 1). PAKDEL further teaches of a review of boron nitride nanostructures, and specifically of a method for determining structural characteristics for monolayer, and multilayer structures (abstract). PAKDEL further teaches of using nanodots (Page 953, column 2, paragraph 2, line 8-10 & Page 939, paragraphs 1 & 2 & Page 940, paragraph 1), and even further that the nanomaterials can have topological defects and imperfections and defects (Page 938, 2.3, line 5 & column 2, paragraph 2, line 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention and one would have had reasonable expectation of success of/to monitor or create structural imperfections and dots/structures the size as is done in PAKDEL in the method and composition of QUNHONG, HUSSELMAN, CHEN, and BANGERA since topological defects and vacancies are inevitable, and due to the advantage this offers in knowing and influencing the properties of the nanomaterials since the imperfections influence the nanomaterial properties (Page 938, column 2, last paragraph).
With respect to Claim 30, BANGERA and CHEN teach of the invention as shown above. QUNHONG teaches of sonicating (mechanically processing/agitating) (Page 3993, column 1, paragraph 1). Sonication can be considered agitation. QUNHONG does not teach of sonicating for a time period, but PAKDEL is used to remedy this. PAKDEL teaches of sonicating for (8 hours, which includes 20-30 minute), or heat treating (heat is formed when centrifugation occurs, mixing and of centrifuging for 90 minutes (Page 3993, column 1). It would have been obvious to one of ordinary skill in the art to optimize the analysis and processing conditions used through routine experimentation. MPEP 2144.05
With respe.ct to Claim 35, BANGERA and CHEN QUNHONG teach of the invention as shown above. QUNHONG further teaches of using hexagonal boron nitride (abstract and title, Figure 3 description, and Page 3995, column 1, first paragraph). PAKDEL teaches of the nanosheet and dots having a thickness which is 10 nm or less (less than 100 nm) (Page 940, column 2, 2nd from bottom paragraph, Page 943, column 1, paragraph 1). They do not teach of the claimed size. HUELSEMANN is used to remedy this and teaches of a method of making and modifying nanoparticles(nanodots) (paragraph 0049-0050) which are under 100 nm (paragraph 0038, 0079-0080) (in thickness, width and length as is a particle). PAKDEL also teaches of the nanosheet and dots having a thickness which is 10 nm or less (less than 100 nm) (Page 940, column 2, 2nd from bottom paragraph, Page 943, column 1). See reason for combination from Claim 26.
With respect to Claim 36, BANGERA and CHEN teach of the invention as shown above. They do not teach of the claimed layers. QUNHONG teaches of the BN being layered structures (Page 3990, column 1, paragraph 1). QUNHONG further teaches of using hexagonal boron nitride (abstract and title, Figure 3 description, and Page 3995, column 1, first paragraph). PAKDEL also teach of using layered structures and including 10 layers (Page 947, column 2, paragraph 2). This can read on “about” 30 through broadest reasonable interpretation. PAKDEL also teaches of increasing the number of layers (Page 950, column 1, paragraph 1).
With respect to Claim 37, BANGERA and CHEN teach of the invention as shown above. They do not teach of the claimed layers. QUNHONG teaches of the BN being layered structures (Page 3990, column 1, paragraph 1) and further teaches of having 3 and 6 layers (Figure 5, description & Page 4000, column 2, paragraph 2). QUNHONG further teaches of using hexagonal boron nitride (abstract and title, Figure 3 description, and Page 3995, column 1, first paragraph).
With respect to Claim 42, BANGERA, CHEN, and QUNHONG teach of the claim as shown above. HUSSELMAN futher teaches of the invention. QUNHONG teaches of sonicating (mechanically processing/agitating) (Page 3993, column 1, paragraph 1). Sonication can be considered agitation. QUNHONG does not teach of sonicating for a time period, but PAKDEL is used to remedy this. PAKDEL teaches of sonicating for (8 hours, which includes 20-30 minute), or heat treating (heat is formed when centrifugation occurs, mixing and of centrifuging for 90 minutes (Page 3993, column 1). See reason for combination above. It would have been obvious to one of ordinary skill in the art to optimize the analysis and processing conditions used through routine experimentation. MPEP 2144.05.
With respect to Claims 43 & 45 QUNHONG teaches of a method for preparation (method of making) of edge-hydroxylated h-BN dots, which is a nanodot carrier and subsequent derivatization of their surface polar group (Page 3995-3996, Figure 3 description, Page 3995, column 1, paragraph 1), obtainable via standard sonication-assisted liquid exfoliation and solvothermal processes. QUNHONG further teaches using heat treatment/reactions at high temperatures which can be between 60-180 degrees Celsius (Page 3992, column 2, last line, Figure 1) (this temperature would lead to evaporation of polar solvents like water).
With respect to Claim 44, HUSSELMAN teaches of determining the size of the nanoparticles by electron microscopy (paragraph 0134).
Specifically, QUNHONG teaches of mechanically processing boron nitride through sonication which includes hydrolysis induced exfoliation, cutting, and hydroxylation of the BN layers- this can be considered which creates, “imperfections,” as instantly claimed (Page 3993, column 1, paragraph 1, lines 1-11).
QUNHONG further teaches that the surface polar group can be derivatized (this can be considered that “imperfections,” are treated to provide polar groups at the “imperfections,” (Page 3995-3996). All of the groups on Pages 3995-3996 can be considered polar groups at imperfections. QUNHONG further teaches of processing in a polar liquid (water) (Page 3993, column 1, paragraph 1, lines 1-11).
QUNHONG further teaches using heat treatment/reactions at high temperatures which can be between 60-180 degrees Celsius (Page 3992, column 2, last line, Figure 1) (this temperature would lead to evaporation of polar solvents like water).
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The prior 112 rejections are overcome due to amendments made 07/17/2026.
Applicant has not made substantive arguments about the prior art, and alludes only to remarks filed 11/06/2025. No remarks were filed on 11/06/2025, but instead and advisory action was sent by the examiner on that date.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
YAN in Us 20140252316 teaches of quantum dots (title) which can include boron nitride ones (paragraph 0205).
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 REBECCA M FRITCHMAN whose telephone number is (303)297-4344. The examiner can normally be reached 9:30-4:30 MT Monday-Friday.
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/REBECCA M FRITCHMAN/Primary Examiner, Art Unit 1758
