DETAILED ACTION
This is the Office action based on the 17944227 application filed September 14, 2022, and in response to applicant’s argument/remark filed on May 28, 2025. Claims 1-12 are currently pending and have been considered below.
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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Election/Restrictions
Applicant’s election, without traverse, of the invention of Group I, claims 1-6 in the reply filed on May 28, 2025 is acknowledged. Claims 7-12 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. --The terms “the inner wall” and “the aluminum capillary tube body (1)” in the phrase “cleaning and removing a naturally generated oxide layer on the inner wall of the aluminum capillary tube body (1) for pretreatment” lacks antecedent basis. For the purpose of examining it will be assumed that these terms are “an inner wall” and “an aluminum capillary tube body (1)”, respectively. --The term “the surface moisture” lacks antecedent basis. For the purpose of examining it will be assumed that this term is “a surface moisture”. --The term “the alumina capillary structure surface (2)” lacks antecedent basis. For the purpose of examining it will be assumed that this term is “an alumina capillary structure surface (2)”. --The term “the prewetting solution (4)” lacks antecedent basis. For the purpose of examining it will be assumed that this term is “a prewetting solution (4)”.
Claim 3 rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. --The term "low surface energy modifying layer (3)" is a relative term which renders the claim indefinite. The term "low" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. One of ordinary skill in the art would not be clear which range of surface energy is considered to be “low”. For the purpose of examining it will be assumed that modifying layer (3) has a low surface energy.--The terms “the surface prewetting solution (4)” lacks antecedent basis. For the purpose of examining it will be assumed that this term is “a surface prewetting solution (4)”.
Claims 4, 5 and 6 rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. --The term "low surface energy modifying layer (3)" is a relative term which renders the claim indefinite. The term "low" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. One of ordinary skill in the art would not be clear which range of surface energy is considered to be “low”. For the purpose of examining it will be assumed that modifying layer (3) has a surface energy lower than any other recited layers in the claim.
Claims 5 and 6 rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. --The term “the surface prewetting solution (4)” lacks antecedent basis. For the purpose of examining it will be assumed that this term is “a surface prewetting solution (4)”. --The term “the low surface energy modifying layer (3)” lacks antecedent basis. For the purpose of examining it will be assumed that this term is “a low surface energy modifying layer (3)”.
Claims 2-6 rejected under 35 U.S.C. 112(b) because they are directly or indirectly dependent on claim 1.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 nonobviousness.
Claims 1 and 3 rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (CN 112054000 A, see attachment), hereinafter “Zhao”, in view of Masuda et al (WO2018138989, see attachment), hereinafter “Masuda”:--Claim 1: Zhao teaches a method of making a capillary aluminum tube, comprising i) electrochemical machining the inside wall of the tube by using an electrolyte solution comprising NaCl, then rinse with ethyl alcohol while applying ultrasonic wave, then drying at 60°C (Page 8). ii) anodizing the inside wall of the tube by using an electrolyte solution comprising oxalic acid, then rinsing with DI water while applying ultrasonic wave, then drying at 60°C (Page 9). iii) supplying a solution comprising ethanol and trifluorooctyl triethoxysilane into the tube, standing for 60 min, then draining the solution out of the tube, then dry at 60°C (Page 9). iv) supplying dimethyl silicon oil into the tube, standing for 120 min, then draining the solution out of the tube (Page 10). Zhao further teaches that since the anodizing releases a lot of heat (Page 6, 10), the electrolyte solution is supplied at less than 5°C (Page 10). It is noted that the aluminum tube is etched when being exposed to the oxalic acid, and also is heated up during the anodizing. Zhao fails to teach that the ultrasonic wave is also applied during the anodization. Masuda, also directed to a method of anodizing an aluminum surface ([0001]), teaches that ultrasonic wavers applied during anodization would advantageously suppress bubbles formation on the surface and make the anodization more efficient ([0040-0041]). Masuda further teaches that a pre-treatment comprising immersing in an alkaline solution, such as NaOH, and immersing in an acid solution to degrease and remove native oxide from the surface. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to pretreat the aluminum surface by immersing in an alkaline solution then immersing in an acid solution to degrease and remove native oxide from the surface prior to the anodization the surface, and to apply ultrasonic wave during the anodization in the invention of Zhao because Masuda teaches that this would be effective. It is noted that -step (i) is considered reading on the step of “cleaning and removing a naturally generated oxide layer on the inner wall of the aluminum capillary tube body (1) for pretreatment”;-the modified step (ii) is considered reading on the step of “tching the inner wall of the aluminum capillary tube body (1) after the pretreatment by chemical reactions under the joint action of heating and ultrasound to form a capillary structure with micro-nano scale roughness, and cleaning the capillary structure” and “drying the capillary structure at a temperature of 60°C to 165 °C to remove the surface moisture, thereby forming the alumina capillary structure surface (2)”-step (iii) and (iv) read on the claimed limitation “adhering, by wetting, the prewetting solution (4) to the alumina capillary structure surface (2) to obtain the anti-corrosion super-slippery aluminum capillary tube”.--Claim 3: It is noted that trifluorooctyl triethoxysilane is a fluorosilane, and reads on the claimed low surface energy modifying layer (3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS PHAM whose telephone number is (571) 270-7670 and fax number is (571) 270-8670. The examiner can normally be reached on MTWThF9to6 PST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Allen can be reached on (571) 270-3176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS T PHAM/Primary Examiner, Art Unit 1713
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