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 .
StatusClaims(s) 5-11, 20-22, is/are filed on 9/17/2025 are currently pending. Claim(s) 5-11, 20-22 is/are rejected.
Claim Rejections - 35 USC § 103
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.
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived 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 pre-AIA 35 U.S.C. 103(a) 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.
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.
Claim(s) 5-11, 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over STEIN (CN 102264631 A) in view of ODASHIMA (Synthesis and photoswitchable complexation… 1998-01-01).
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Regarding claim 5, STEIN discloses a system for purifying water comprising: Complexing units (functionalized magnetic nanoparticles as shown in Figure 1 and Figure 13) including a complexing site (macrocyclic structure or crown ether receptor) configured to bind a contaminant (The present invention relates to magnetic nano-particle and utilize this magnetic nano-particle optionally to remove the target organism in the liquid, little molecule, analyte, cation, anion, ion, or the method for molecule." Further, "the nano material of novel functionalization, it comprises that utilization has the surfactant of height binding specificity that the ferric oxide nano particles surface with superparamagnetism is functionalized to the selenate ion. When mixing with sewage, the nano particle of final functionalization can be in conjunction with selenic acid." And "The ionic acceptor consists of a macrocyclic structure, including a compound or crown ether. The macrocycle is capable of binding to chloride ions and the crown ether will bind sodium ions.") [0005, 0101, 0120]; a reactor (mixing tank as shown in Figure 17A, 17B, and 18) configured for mixing to mix water containing said contaminant with said complexing units [0176]; a concentrator (permanent magnet with magnetic shielding cage as shown in Figure 19, 20, and 21) configured for drawing said complexing units to a release area (bottom of the mixing tank), said release area selected from inside of said reactor (mixing tank) and is in communication with said reactor [0199]; STEIN does not teach an energy source configured to direct energy to said release area and cause said complexing sites to release a portion of said contaminant.
However, ODASHIMA teaches "Trans/Cis Ratio in Photoisomerization": "Upon UV light irradiation, the absorption maximum of the membrane decreased markedly, indicating the formation of the cis isomer... Photoirradiation was made with a 150 W xenon lamp using cut-off filters Hoya 8-420 (c 420 nm) and Toshiba Y-49 (> 490 nm) for obtaining UV and visible lights." It would have been obvious to one of ordinary skill in the art to combine the UV light source from ODASHIMA with the system of xx to achieve photoisomerization for controlled binding/release, enhancing selectivity for alkali metals without additional chemicals, as both utilize crown ethers for cation complexation.
Regarding claim 6, STEIN teaches wherein the complexing unit (ion receptor or crown ether) is connected to a nanoparticle (magnetic nanoparticle) by a covalent bond (crosslinked via amino groups, azides, thiols, or esters as shown in Figure 3 and Figure 13) [0124-0144]. Magnetic nanoparticles can be functionalized with amino groups (corresponding to the linker of claim 1), and in a particular embodiment related to desalination, the resulting amino-functionalized magnetic nanoparticles are crosslinked to synthetic selective ion receptor-producing networks bound to sodium cations and chloride anions. Other linkages may also utilize azides, thiols, esters (corresponding to linking groups in claim 1), and the like."
Regarding claim 7, STEIN does not teach the details as claimed. ODASHIMA teaches synthesis and photoswitchable complexation extraction properties of lipophilic azobis(benzo-15-crown-5) ionophores for alkali metal cations, published 1998-01-01). In the section "Synthesis of Azobis(benzo-15-crown-5) Derivatives": Describes azobis(benzo-15-crown-5) derivatives lb and lc, with structures shown where the crown ethers are connected via N=N, and lipophilic alkyl chains (e.g., octadecyl) as linkers attached to one crown unit, matching the azobis structure in the image. In other words, ODASHIMA teaches crown ether covalently bonded on its surface through at least one linker as defined (azobis(benzo-15-crown-5) with alkyl linker, where n=0,1,2 possible in chain variations; structures lb and lc correspond to the image with linkers F-X etc. as alkyl chains connecting to a support). It would have been obvious to one of ordinary skill in the art to combine the specific azobis(benzo-15-crown-5) structure with linkers from ODASHIMA with the surface-modified magnetic nanoparticle of STEIN to enhance lipophilicity and selectivity for alkali metals like sodium, as both references teach crown ether-based ionophores for cation binding, allowing for covalent attachment to nanoparticles for improved extraction in wastewater purification.
Regarding claim 8, STEIN teaches the concentrator includes a magnet (permanent magnet or electromagnet as shown in Figure 19 and 20), wherein the magnet is an electromagnet or a permanent magnet [0178].
Regarding claim 9, STEIN teaches the magnet (with magnetic shielding cage as shown in Figure 20 and 21) is movable (via shielding cage removal or covering) between a location near the release site (shield removed, attracting to bottom) for concentrating said particles and a location far from said release site (shield covered) for freeing said particles [0196-0200].
Regarding claim 10, ODASHIMA teaches wherein said energy source is configured to direct light (ODASHIMA teaches both uv and visibile light – see rejection of claim 5) to said release area.
Regarding claim 11, ODASHIMA teaches wherein said energy source is configured to direct light (ODASHIMA teaches both uv and visibile light – see rejection of claim 5) to said release area.
Regarding claim 21, STEIN teaches the surface-modified magnetic nanoparticle comprising Fe3O4 nanoparticle (magnetic iron ore Fe3O4 as in synthesis equation), and wherein the linker contains a linkage selected from... thioether bond (thiols), ester bond -C(O)-O- (esters) [0062-0063]. Additionally using amide, ether, imine, etc are also well-known (see at least PURIFICATION OF WASTE WATER WITH CROWN ETHERS ANCHORED ON A SOLID SUPPORT, published July 2003). Structures and Linkers": "The structure includes amide linkages such as 'NHCO CONH' and 'COHN O HNCO COHN O O NHCO O CONH'.
Regarding claim 22, ODASHIMA to claim 21, wherein the surface-modified magnetic nanoparticle is selected from the group consisting of (images 1 or 2). (See: Synthesis and photoswitchable complexation extraction properties..., published 1998-01-01): In the section "Synthesis of Azobis(benzo-15-crown-5) Derivatives": "azobis(benzo-15-crown-5) derivatives (lb, lc)... lb as a yellow powder... lc as a yellow powder."
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It is noted that any citations to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the reference should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. See MPEP 2123.
Conclusion
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/WAQAAS ALI/Primary Examiner, Art Unit 1777