DETAILED ACTION
This office action is in response to Remarks and Amendments filed September 3, 2025 in regards to a continuation in practice application filed July 13, 2022 371 claiming priority to PCT/IB2021/061388 filed December 7, 2021 and provisional application 63/213,769 filed June 23, 2021. Claims 1, 2, 4, and 6 have been amended. Claims 10-20 have been cancelled without prejudice. Claims 1-9 are pending and currently being examined.
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 Argument
In view of the Remarks and Amendments, the rejections of claims 1-9 under 35 USC § 103 have been withdrawn and new rejections under 35 USC § 103 have been made.
Claim Objections
Claim 6 is objected to because of the following informalities: In line 2, the phrase “… comprises of Titanium …” may be suggested to read “… comprises Titanium …”. Appropriate correction is required.
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) 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 2012/0229885 A1).
Chen et al. disclose a method of preparing an electrophoretic display medium, comprising: 1) preparing neutral particles; 2) preparing positively or negatively charged pigment particles; 3) preparing electrophoretic display medium by mixing the charged pigment particles of 5-30 parts by weight with the dispersing solvent of 20-70 parts by weight, and supersonically dispersing the obtained mixture to obtain a suspension; the adding the neutral pigment particles of 5-30 parts by weight to the suspension in the state of being supersonically dispersed, continuing supersonically dispersing to obtain the electrophoretic display medium [claim 20]. Chen et al. disclose neutral black particles (positively charged) [0054] are 50g iron oxide black Fe3O4 pigments [Example 2; 0050] while the neutral white pigment particles (negatively charged) [0053] are 50g titania (TiO2) [Example 3; 0051]. Both pigments have inherently different zeta potential and self-assemble due to the electric field and each mixture is raised to 85°C [Examples 2-5; 0050-0051, 0053-0054]. Chen et al. disclose that the size of the pigment particles is preferably 0.01-5µm (10nm-5000 nm) and optimally 0.1-1µm (100 nm – 1000nm) [0015, 0035] meeting the definition of the instant application of at least one dimension of the particles in a scale of 100nm. Chen et al. disclose the steps of the in-situ polymerization for the effect of electrophoretic display is detailed as 240g urea, 455g formaldehyde solution (37%) were weighed and added to a 2000 ml beaker, then the mixed was stirred rapidly and triethanolamine was added into the mixture until the pH value reached 8.0, followed by the mixture heated to 70°C, reacted for 1 hr to obtain a viscous liquid, and 1000 ml of water was added to dilute the product and obtain an urea formaldehyde prepolymer solution [0059].
Pertaining to the order of steps, applicant has not demonstrated the criticality of the order of combining the ingredients as the end result is a composition combining all the same ingredients. The selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results. Ex parte Rubin, 128 USPQ 440 (Bd. App. 1959); In re Burhans, 154 F.2d 690, 69 USPQ 330 (CCPA 1946); In re Gibson, 39 F.2d 975, 5 USPQ 230 (CCPA 1930); MPEP § 2144.04(IV)(C).
In regards to claim 2, Chen et al. do not disclose the type of water used but to one of ordinary skill in the art water can be from multiple sources in a lab such as distilled water, tap (municipal) water, or deionized water.
In regards to claims 3 and 9, Chen et al. supersonically dispersing the obtained mixtures [claim 20] which to one of ordinary skill in the art would be under ultrasonic conditions but do not disclose the sonication power and length of time wherein one of ordinary skill in the art can adjust by routine experimentation with a reasonable expectation of success.
In regards to claims 4-8, Chen et al. disclose adding of the electrophoretic display medium of Examples 6, 7, and 8 comprising Fe3O4 and titania (TiO2) to the urea formaldehyde prepolymer solution and stirred [0059]. Chen et al. do not disclose metals, salts, or composites of the instant claims 5-8, but disclose the metal oxides of instant claims 4 and 6, therefore meeting the limitations of the instant claims.
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.
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/RONALD GRINSTED/Examiner, Art Unit 1763
/JOSEPH S DEL SOLE/Supervisory Patent Examiner, Art Unit 1763