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 .
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.
Claims 1, 2 and 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Jakus et al. US 2020/0353129.
Regarding claim 1, Jakus et al. disclose a composition (paste) for forming porous objects such as coatings comprising:
water-soluble salt particles such as copper-containing salts such as copper sulfate [0024];
water-insoluble solid particles that can be metal particles, water-insoluble metallic salt particles, e.g. water-insoluble sulfates, fluorates, chlorates, carbonates and any combination of these [0025];
polymer binder [[0023] (meets adhesive); and
organic solvent [0029], wherein the binder is soluble in the solvent [0019].
The compositions generally comprise small volume fraction of polymer binder to help hold the particles together in the final product [0022-0023].
The compositions can be used to form coatings and have a solid particle content of at least 50 vol% and the ratio of water-soluble salt particles to other particles in the composition will depend on the desired degree of porosity in the objects made from the composition, 1-99% water-soluble salt particles and 99-1% non-water soluble particles [0027]. The compositions initially takes the form of a viscous liquid [0032]. Jakus provides an example composition of 35 vol% binder, 35 vol% copper sulfate, 35 vol% nickel [0068]
It would have been obvious to one ordinary skill in the art to have used basic copper carbonate or basic copper sulfate as water-insoluble solid particles in the composition as these are known water-insoluble carbonate and sulfate salts, and Jakus et al. envisage using copper salts as suggested by use of copper sulfate as water-soluble salt.
It would have been obvious to one of ordinary skill in the art to have provided the composition with a combination of metal particles and at least one of basic copper carbonate or basic copper sulfate as Jakus et al. teach using a combination of water-insoluble solid particles is suitable for the composition.
It would have been obvious to one ordinary skill in the art to have provided the metal particles, basic copper carbonate and/or basic copper sulfate, binder and solvent in amounts suitable to form viscous composition to meet the requirements desired to for the porous object such as coating, including amounts which include or overlaps the claimed mass fraction amounts, as Jakus et al. teach solid particle content of the composition of at least 50 vol%, the ratio of water-soluble salt particles to other particles in the composition depends on the desired degree of porosity in the objects made from the composition, including 1-99% water-soluble salt particles to 99-1% non-water soluble particles, forming a viscous liquid and as example, provides a composition of 35 vol% binder, 35 vol% copper sulfate, 35 vol% nickel. Any combination of metal particles and basic copper carbonate and/or basic copper sulfate would have been obvious to one of ordinary skill in the art based on the teaching of using any combination.
The preamble language “for preparing a capillary structure” is directed to intended use that does not distinguish the claimed paste from the composition suggested by Jakus et al. The metal particles meet the claimed property of capable of being dried to form a matrix of the capillary structure and the basic copper carbonate and/or basic copper sulfate meet the claimed property of compound powder capable of forming grooves and through holes on the matrix.
Regarding claim 2, Jakus et al. discloses that the particles may have a broad range of sizes and shapes, for example spherical, and dimensions of 10 nm to 1 mm, which encompasses the claimed range of 0.1-100um. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
It would have been obvious to provide the metal particles of spherical copper as Jakus et al broadly suggest metal particles, mentions use of copper salts and provides example using nickel metal, thus envisages using copper which is a metal similar to nickel.
Regarding claim 4, Jakus et al. the particles may have a broad range of sizes and shapes, for example spherical, and dimensions of 10 nm to 1 mm, which encompasses the claimed range of 100-300 mesh. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 5, Jakus et al. disclose the binder can be polyacrylate [0023] (an acrylic resin).
Regarding claim 6, Jakus et al. disclose an organic solvent that has a high vapor pressure as the primary organic solvent of the composition [0029]. It would have been obvious to one ordinary skill in the art to have used any suitable high vapor pressure organic solvent such as toluene, xylene, acetone or ethanol to make the composition of Jakus et al. as these are known high vapor pressure organic solvents.
Response to Amendment
The position that claim 3 is allowable subject matter has been withdrawn in view of the newly cited prior art.
Conclusion
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/MELVIN C. MAYES/Supervisory Patent Examiner, Art Unit 1759
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