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 .
Election/Restrictions
Applicant’s election without traverse of group I in the reply filed on 04/17/2026 is acknowledged. Claims 25-33 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 05/11/2023 and 12/10/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claims Status
Claims 16-33 are pending with claims 16-24 being examined, claims 25-33 are deemed withdrawn. Claims 1-15 are canceled.
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 (i.e., changing from AIA to pre-AIA ) 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 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 nonobviousness.
Claims 16-23 are rejected under 35 U.S.C. 103 as being unpatentable over Nisisako et al. (WO 2019168130 A1 via citation of equivalent US 20210001340 A1; hereinafter “Nisisako” already of record), in view of Torii et al (US 20070196397 A1; hereinafter “Torii ‘397”).
Regarding claim 16, Nisisako teaches a method for generating micro two-phase droplets (Nisisako; [0126] “air bubbles are produced inside the device”), which comprises:
using a micro two-phase droplet generating device (Nisisako; fig. 1. 100) comprising
a row of a plurality of microflow channels (Nisisako; fig. 1E. 9 and [0020]), and
a first liquid transfer port (Nisisako; fig. 1. 6), a first slit (Nisisako; fig. 2A. 3), a second liquid transfer port (Nisisako; fig. 2A. 7), and a third liquid transfer port (Nisisako; fig. 1A. 8),
supplying a first dispersion phase (Nisisako; fig. 2C. 1) from the first liquid transfer port to the plurality of microflow channels (Nisisako; fig. 2C. 1), to form a flow of the first dispersion phase in the plurality of microflow channels (Nisisako; [0066]).
Nisisako fails to teach the method for generating micro two-phase droplets comprises: supplying a second dispersion phase from the first slit toward the plurality of microflow channels, to form a flow of the second dispersion phase in the first slit, the first dispersion phase and the second dispersion phase being liquids which are not completely miscible with each other, joining the flow of the first dispersion phase and the flow of the second dispersion phase at connection sites between the microflow channels and the first slit to form a two-phase parallel continuous flow, which is a continuous flow having the first dispersion phase and the second dispersion phase in parallel, in the microflow channels, between the end of the first slit and the end of second liquid transfer port, supplying a continuous phase from one of the second liquid transfer port or the third liquid transfer port toward the microflow channels, to form a flow of the continuous phase in the one of the second liquid transfer port or the third liquid transfer port, joining the two-phase parallel continuous flow and the flow of the continuous phase at connection sites between the microflow channels and the second liquid transfer port, to form two-phase droplets of the first dispersion phase and the second dispersion phase in the other one of the second liquid transfer port and the third liquid transfer port, and recovering a product comprising the two-phase droplets from the other one of the second liquid transfer port and the third liquid transfer port.
However, Torii ‘397 teaches the analogous art of producing micro-droplets (Torii; Title) that includes a first dispersion phase (Torii ‘397; fig. 5. 24), a second dispersion phase (Torii ‘397; fig. 5. 26) in the first slit (Torri ‘397; fig. 5. 27), the first dispersion phase and the second dispersion phase being liquids which are not completely miscible with each other (Torii ‘397; fig. 6. 24, 26, 29, 30 46 illustrates the first and second dispersion phase which appear to be not completely miscible with each other), joining the flow of the first dispersion phase and the flow of the second dispersion phase at connection sites between the microflow channels and the first slit to form a two-phase parallel continuous flow (Torii ‘397; fig. 5. 24, 26, 27, 29, 30), which is a continuous flow having the first dispersion phase and the second dispersion phase in parallel (Torii ‘397; fig. 5. 29, 30), in the microflow channels (Torii ‘397; fig. 5. 21), between the end of the first slit and the end of second liquid transfer port (Torii ‘397; fig. 5. 27, fig. 6. 41), supplying a continuous phase from one of the second liquid transfer port or the third liquid transfer port toward the microflow channels (Torii ‘397; fig. 6. 21, 44, 45 and [0055]), to form a flow of the continuous phase in the one of the second liquid transfer port or the third liquid transfer port (Torii ‘397; fig. 6. 46, 48), joining the two-phase parallel continuous flow and the flow of the continuous phase (Torii ‘397; fig.6. 40) at connection sites between the microflow channels and the second liquid transfer port (Torii ‘397; fig. 6. 41), to form two-phase droplets of the first dispersion phase and the second dispersion phase (Torii ‘397; fig. 6. 29, 30) in the other one of the second liquid transfer port and the third liquid transfer port (Torii ‘397; fig. 6. 42, 44), and recovering a product comprising the two-phase droplets from the other one of the second liquid transfer port and the third liquid transfer port (Torii ‘397fig. 13. 89, 91, 96 and 0073 “reference numeral 96”).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Nisisako’s method for generating micro two-phase droplets to include supplying a second dispersion phase from the first slit toward the plurality of microflow channels, to form a flow of the second dispersion phase in the first slit, the first dispersion phase and the second dispersion phase being liquids which are not completely miscible with each other, joining the flow of the first dispersion phase and the flow of the second dispersion phase at connection sites between the microflow channels and the first slit to form a two-phase parallel continuous flow, which is a continuous flow having the first dispersion phase and the second dispersion phase in parallel, in the microflow channels, between the end of the first slit and the end of second liquid transfer port, supplying a continuous phase from one of the second liquid transfer port or the third liquid transfer port toward the microflow channels, to form a flow of the continuous phase in the one of the second liquid transfer port or the third liquid transfer port, joining the two-phase parallel continuous flow and the flow of the continuous phase at connection sites between the microflow channels and the second liquid transfer port, to form two-phase droplets of the first dispersion phase and the second dispersion phase in the other one of the second liquid transfer port and the third liquid transfer port, and recovering a product comprising the two-phase droplets from the other one of the second liquid transfer port and the third liquid transfer port as taught by Torii ‘397 because Torii ‘397 teaches producing micro-droplets (Torii ‘397; Title) that includes a first dispersion phase (Torii ‘397; fig. 5. 24), a second dispersion phase (Torii ‘397; fig. 5. 26) in the first slit (Torri ‘397; fig. 5. 27), the first dispersion phase and the second dispersion phase being liquids which are not completely miscible with each other (Torii ‘397; fig. 6. 24, 26, 29, 30 46 illustrates the first and second dispersion phase which appear to be not completely miscible with each other), joining the flow of the first dispersion phase and the flow of the second dispersion phase at connection sites between the microflow channels and the first slit to form a two-phase parallel continuous flow (Torii ‘397; fig. 5. 24, 26, 27, 29, 30), which is a continuous flow having the first dispersion phase and the second dispersion phase in parallel (Torii ‘397; fig. 5. 29, 30), in the microflow channels (Torii ‘397; fig. 5. 21), between the end of the first slit and the end of second liquid transfer port (Torii ‘397; fig. 5. 27, fig. 6. 41), supplying a continuous phase from one of the second liquid transfer port or the third liquid transfer port toward the microflow channels (Torii ‘397; fig. 6. 21, 44, 45 and [0055]), to form a flow of the continuous phase in the one of the second liquid transfer port or the third liquid transfer port (Tori ‘397; fig. 6. 46, 48), joining the two-phase parallel continuous flow and the flow of the continuous phase (Torii ‘397; fig.6. 40) at connection sites between the microflow channels and the second liquid transfer port (Torii ‘397; fig. 6. 41), to form two-phase droplets of the first dispersion phase and the second dispersion phase (Torii ‘397; fig. 6. 29, 30) in the other one of the second liquid transfer port and the third liquid transfer port (Torii ‘397; fig. 6. 42, 44), and recovering a product comprising the two-phase droplets from the other one of the second liquid transfer port and the third liquid transfer port (Torii ‘397; fig. 13. 89, 91, 96 and 0073 “reference numeral 96”).
The modification allows to form a double emulsion micro-capsule (Torii ‘397; [0055]).
Regarding claim 17, modified Nisisako teaches the method for generating micro two-phase droplets according to claim 16, (see above) wherein the second liquid transfer port is a second slit (Nisisako; fig. 2. 4), and the connection sites between the microflow channels and the second liquid transfer port (Nisisako; fig. 3. 2, 9).
Modified Nisisako fails to teach at the connection sites between the microflow channels and the second liquid transfer port, the two-phase parallel continuous flow is sheared by the flow of the continuous phase as a driving force, to form the two-phase droplets.
However, Torii ‘397teaches the analogous art of producing micro-droplets (Torii ‘397; Title) that includes a first dispersion phase (Torii ‘397; fig. 5. 24), a second dispersion phase (Torii ‘397; fig. 5. 26), a second liquid transfer port (Torri ‘397; fig. 6. 41), wherein at the connection sites between the microflow channels and the second liquid transfer port, two-phase parallel continuous flow is sheared by the flow of the continuous phase as a driving force, to form the two-phase droplets (Tori ‘397; fig. 6. 41, 45 and [0055] “continuous phase produces a microcapsule”).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Nisisako’s micro two-phase droplets wherein, at the connection sites between the microflow channels and the second liquid transfer port form a parallel continuous flow is sheared by the flow of the continuous phase as a driving force, to form the two-phase droplets as taught by Torri ‘397 because Torri ‘397 teaches producing micro-droplets (Torii ‘397; Title) that includes a first dispersion phase (Torii ‘397; fig. 5. 24), a second dispersion phase (Torii ‘397; fig. 5. 26), a second liquid transfer port (Torri ‘397; fig. 6. 41), wherein at the connection sites between the microflow channels and the second liquid transfer port the two-phase parallel continuous flow is sheared by the flow of the continuous phase as a driving force, to form the two-phase droplets (Tori ‘397; fig. 6. 45, 45 and [0055] “continuous phase produces a microcapsule”).
The modification allows to shear the stream to create a double emulsion micro-capsule (Torii ‘397; [0055]).
Regarding claim 18, modified Nisisako teaches the method for generating micro two-phase droplets according to claim 16 (see above), wherein one or more of the end of the first liquid transfer port, the end of the second liquid transfer port and the end of the third liquid transfer port is/are a slit (Nisisako; fig. 1C. 3-5) and [0018]).
Claims 19-20 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Nisisako et al. (WO 2019168130 A1 via citation of equivalent US 20210001340 A1; hereinafter “Nisisako” already of record), in view of Torii et al (US 20070196397 A1; hereinafter “Torii ‘397”), further in view of Torii et al (US 20060014894 A1; hereinafter “Torii ‘894”).
Regarding claim 19, modified Nisisako teaches the method for generating micro two-phase droplets according to claim 16 (see above) wherein inner walls of the microflow channels are composed of a hydrophilic surface (Nisisako; [0035]), the first dispersion phase (1) is an organic phase (Nisisako; [0035]), the continuous phase is an aqueous phase (Nisisako; [0035]).
Modified Nisisako fails to teach the second dispersion phase (2) is an organic phase, and core-shell or Janus microdroplets are generated.
However, Torii ‘894 teaches the analogous art of producing spheres (Torii’ 894; Title) that includes a first continuous phase (Torii ‘894; fig. 1a. 6a) and a second continuous phase (Torii ‘894; fig. 1a. 6b) wherein second dispersion phase (2) is an organic (Torii ‘894; [0043] “colored continuous phase 6 producing two-colored spherical polymer particles”, Abstract; wherein the colored continuous phase contains dye/pigment”, [0066] “wherein various organic pigments may be used”), and core-shell or Janus microdroplets are generated (Torii ‘894; fig. 1a 12’ illustrates Janus droplets formed).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Nisisako’s second dispersion phase to be an organic phase and form Janus droplets as taught by Torii ‘894 because Torii ‘894 teaches producing spheres (Torii’ 894; Title) that includes a first continuous phase (Torii ‘894; fig. 1a. 6a) and a second continuous phase (Torii ‘894; fig. 1a. 6b) wherein second dispersion phase (2) is an organic (Torii ‘894; [0043] “colored continuous phase 6 producing two-colored spherical polymer particles”, Abstract; wherein the colored continuous phase contains dye/pigment”, [0066] “wherein various organic pigments may be used”), and core-shell or Janus microdroplets are generated (Torii ‘894; fig. 1a 12’ illustrates Janus droplets formed).
The modification allows to have an amphiphilic droplet as the Janus microdroplet provides an organic side and an inorganic side.
Regarding claim 20, modified Nisisako teaches the method for generating micro two-phase droplets according to claim 16 (see above), wherein an inner wall of the second liquid transfer port (Nisisako; fig. 2A. 7) is composed of a hydrophilic surface (Nisisako; [0104] “part 20 (where the second liquid transfer port is located) is fabricated using stainless steel”), the first dispersion phase (1) is an organic phase (Nisisako; [0035]), the continuous phase is an aqueous phase (Nisisako; [0035]).
Modified Nisisako fails to teach the second dispersion phase (2) is an organic phase, and core-shell or Janus microdroplets are generated.
However, Torii ‘894 teaches the analogous art of producing spheres (Torii’ 894; Title) that includes a first continuous phase (Torii ‘894; fig. 1a. 6a) and a second continuous phase (Torii ‘894; fig. 1a. 6b) wherein second dispersion phase (2) is an organic (Torii ‘894; [0043] “colored continuous phase 6 producing two-colored spherical polymer particles”, Abstract; wherein the colored continuous phase contains dye/pigment”, [0066] “wherein various organic pigments may be used”), and core-shell or Janus microdroplets are generated (Torii ‘894; fig. 1a 12’ illustrates Janus droplets formed).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Nisisako’s second dispersion phase to be an organic phase and form Janus droplets as taught by Torii ‘894 because Torii ‘894 teaches producing spheres (Torii’ 894p Title) that includes a first continuous phase (Torii ‘894; fig. 1a. 6a) and a second continuous phase (Torii ‘894; fig. 1a. 6b) wherein second dispersion phase (2) is an organic (Torii ‘894; [0043] “colored continuous phase 6 producing two-colored spherical polymer particles”, Abstract; wherein the colored continuous phase contains dye/pigment”, [0066] “wherein various organic pigments may be used”), and core-shell or Janus microdroplets are generated (Torii ‘894; fig. 1a 12’ illustrates Janus droplets formed).
The modification allows to have an amphiphilic droplet as the Janus microdroplet provides an organic side and an inorganic side.
Regarding claim 24, modified Nisisako teaches the method for generating micro two-phase droplets according to claim 16 (see above), wherein when the first dispersion phase is defined as phase 1 (Nisisako; [0021]), the continuous phase is defined as phase 2 (Nisisako; [0021])
Modified Nisisako fails to teach a second phase.
However, Torii ‘397 teaches the analogous art of producing micro-droplets (Torii ‘397; Title) that includes a first dispersion phase (Torii ‘397; fig. 5. 24), a second dispersion phase (Torii ‘397; fig. 5. 26).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Nisisako’s micro two-phase droplets to include a second dispersion phase as taught by Torii ‘397 because Torii ‘397 teaches the analogous art of producing micro-droplets (Torii ‘397; Title) that includes a first dispersion phase (Torii ‘397; fig. 5. 24), a second dispersion phase (Torii ‘397; fig. 5. 26),
and the second dispersion phase is defined as phase 3 (Torii ‘397 teaches a second dispersion phase.
It would have been obvious to define the second dispersion phase as phase 3 because Nisisako teaches the first dispersion phase is defined as phase 1 (Nisisako; [0021]), the continuous phase is defined as phase 2 (Nisisako; [0021]), the interfacial tension between the phases 1 and 2 is denoted as y12, the interfacial tension between the phases 1 and 3 is denoted as and the interfacial tension between the phases 2 and 3 is denoted as y23, y12 > y23.
Examiner notes that it is well known ion the art that the value of y (gamma) depends entirely on the specific pair of phases and their chemical/near-surface properties.
Therefore it would have been obvious to define the interfacial tension between the phases 1 and 2 is denoted as y12, the interfacial tension between the phases 1 and 3 is denoted as and the interfacial tension between the phases 2 and 3 is denoted as y13, and the interference tension between the phases 2 and 3 is denoted y23, y12 > y23;
a spreading parameter Si defined by Si=yjk- (yij+ yki) [where i, j and k are one of 1, 2 and 3 and are different from each other] is Si < 0, S2 < 0, and S3 > 0.
Modified Nisisako teaches a first dispersion phase, a second dispersion phase and a continuous phase (see above) with y values which can be used to calculate the spreading parameters.
However, without some statement of criticality or showing of unexpected results, to one of ordinary skill in the art before the effective filing data of the invention it would have been obvious to determine through routine mathematical experimentation a spreading parameter using the formula Si=yjk- (yij+ yki) [where i, j and k are one of 1, 2 and 3 and are different from each other] is Si < 0, S2 < 0, and S3 > 0
Modified Nisisako fails to teach Janus microdroplets are generated.
However, Torii ‘894 teaches the analogous art of producing spheres (Torii ‘894; [0043] two-colored spherical polymer particles) wherein Janus microdroplets are generated (Torii ‘894; fig. 1a. 12’).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Nisisako’s method for generating micro two-phase droplets to form Janus droplets as taught by Torii ‘894 because Torii ‘894 teaches producing spheres (Torii ‘894; Title) that includes a first continuous phase (Torii ‘894; fig. 1a. 6a) and a second continuous phase (Torii ‘894; fig. 1a. 6b) wherein second dispersion phase (2) is an organic (Torii ‘894; [0043] “colored continuous phase 6 producing two-colored spherical polymer particles”, Abstract; wherein the colored continuous phase contains dye/pigment”, [0066] “wherein various organic pigments may be used”), and core-shell or Janus microdroplets are generated (Torii ‘894; fig. 1a 12’ illustrates Janus droplets formed).
The modification allows to have an amphiphilic droplet as the Janus microdroplet provides an organic side and an inorganic side.
Claims 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Nisisako et al. (WO 2019168130 A1 via citation of equivalent US 20210001340 A1; hereinafter “Nisisako” already of record), in view of Torii et al (US 20070196397 A1; hereinafter “Torii ‘397”), further in view of Torii et al (US 20060014894 A1; hereinafter “Torii ‘894”) and Higuchi et al (US 20040068019 A1; hereinafter “Higuchi”).
Regarding claim 21, modified Nisisako teaches the method for generating micro two-phase droplets according to claim 16 (see above), wherein inner walls of the microflow channels connecting the end of the first slit and the end of the second liquid transfer port are composed of a hydrophobic surface (Nisisako; fig. 2B. 3, 4. 9 and [0034]), inner walls of the microflow channels connecting the end of the second liquid transfer port and the end of the third liquid transfer port are composed of a hydrophilic surface (Nisisako; fig. 2B. 4, 5, 9 and [0035]), one of the first dispersion phase and the second dispersion phase is an aqueous phase (Nisisako; [0034]), the other one of the first dispersion phase, the continuous phase is an aqueous phase (Nisisako; [0035]), the continuous phase (3) is supplied from the second liquid transfer port (13) to the microflow channels (16) (Nisisako; fig. 5A. 4, 7. fig. 2A. 2 and [0018]).
Modified Nisisako fails to teach the second dispersion phase (2) is an organic phase.
However, Torii ‘894 teaches the analogous art of producing spheres (Torii’ 894 Title) that includes a first continuous phase (Torii ‘894; fig. 1a. 6a) and a second continuous phase (Torii ‘894; fig. 1a. 6b) wherein second dispersion phase (2) is an organic (Torii ‘894; [0043] “colored continuous phase 6 producing two-colored spherical polymer particles”, Abstract; wherein the colored continuous phase contains dye/pigment”, [0066] “wherein various organic pigments may be used”).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Nisisako’s second dispersion phase to be an organic phase as taught by Torii ‘894 because Torii ‘894 teaches producing spheres (Torii’ 894; Title) that includes a first continuous phase (Torii ‘894; fig. 1a. 6a) and a second continuous phase (Torii ‘894; fig. 1a. 6b) wherein second dispersion phase (2) is an organic (Torii ‘894; [0043] “colored continuous phase 6 producing two-colored spherical polymer particles”, Abstract; wherein the colored continuous phase contains dye/pigment”, [0066] “wherein various organic pigments may be used”).
The modification allows to have an amphiphilic droplet.
Modified Nisisako fails to teach core shell microdroplets comprising a core of an aqueous phase and a shell of an organic phase are generated.
However, Higuchi teaches the analogous art of producing emulsion and microcapsules (Higuchi; Title) that include a shell-forming phase (Higuchi; fig. 4. 15, and [0057]) wherein the core phase is aqueous (Higuchi; fig. 8. 38 and [0063]) and the shell is an organic phase (Higuchi; fig. 8. 35, 46 and [0063]).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Nisisako’s micro two-phase droplets to include core shell microdroplets comprising a core of an aqueous phase and a shell of an organic phase are generated as taught by Higuchi because Higuchi teaches producing emulsion and microcapsules (Higuchi; Title) that include a shell-forming phase (Higuchi; fig. 4. 15, and [0057]) wherein the core phase is aqueous (Higuchi; fig. 8. 38 and [0063]) and the shell is an organic phase (Higuchi; fig. 8. 35, 46 and [0063]).
The modification allows the microdroplet to have a protective barrier (shell) shielding the core from factors like pH change and oxidation.
Regarding claim 22, modified Nisisako teaches the method for generating micro two-phase droplets according to claim 16 (see above), wherein inner walls of the microflow channels connecting the end of the first slit and the end of the second liquid transfer port are composed of a hydrophobic surface (Nisisako; fig. 2B. 3, 4. 9 and [0034]), an inner wall of the second liquid transfer port (Nisisako; fig. 2A. 7) is composed of a hydrophilic surface (Nisisako; [0104] “part 20 (where the second liquid transfer port is located) is fabricated using stainless steel”), one of the first dispersion phase and the second dispersion phase is an aqueous phase (Nisisako; [0034]), the continuous phase is an organic phase (Nisisako; [0034]), the continuous phase (3) is supplied from the third liquid transfer port (14) to the microflow channels (16) (Nisisako; fig. 14. 107, 108, 109 and [0078] “continuous phase 108 supplied from the third microchannel 107 to the microflow channel 109”).
Modified Nisisako fails to teach the second dispersion phase (2) is an organic phase.
However, Torii ‘894 teaches the analogous art of producing speres (Torii’ 894; Title) that includes a first continuous phase (Torii ‘894; fig. 1a. 6a) and a second continuous phase (Torii ‘894; fig. 1a. 6b) wherein second dispersion phase (2) is an organic (Torii ‘894; [0043] “colored continuous phase 6 producing two-colored spherical polymer particles”, Abstract; wherein the colored continuous phase contains dye/pigment”, [0066] “wherein various organic pigments may be used”).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Nisisako’s second dispersion phase to be an organic phase as taught by Torii ‘894 because Torii ‘894 teaches producing spheres (Torii’ 894; Title) that includes a first continuous phase (Torii ‘894; fig. 1a. 6a) and a second continuous phase (Torii ‘894; fig. 1a. 6b) wherein second dispersion phase (2) is an organic (Torii ‘894; [0043] “colored continuous phase 6 producing two-colored spherical polymer particles”, Abstract; wherein the colored continuous phase contains dye/pigment”, [0066] “wherein various organic pigments may be used”).
The modification allows to have an amphiphilic droplet.
Modified Nisisako fails to teach core shell microdroplets comprising a core of an aqueous phase and a shell of an organic phase are generated.
However, Higuchi teaches the analogous art of producing emulsion and microcapsules (Higuchi; Title) that include a shell-forming phase (Higuchi; fig. 4. 15, and [0057]) wherein the core phase is aqueous (Higuchi; fig. 8. 38 and [0063]) and the shell is an organic phase (Higuchi; fig. 8. 35, 46 and [0063]).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Nisisako’s micro two-phase droplets to include core shell microdroplets comprising a core of an aqueous phase and a shell of an organic phase are generated as taught by Higuchi because Higuchi teaches producing emulsion and microcapsules (Higuchi; Title) that include a shell-forming phase (Higuchi; fig. 4. 15, and [0057]) wherein the core phase is aqueous (Higuchi; fig. 8. 38 and [0063]) and the shell is an organic phase (Higuchi; fig. 8. 35, 46 and [0063]).
The modification allows the microdroplet to have a protective barrier (shell) shielding the core from factors like pH change and oxidation.
Regarding claim 23, modified Nisisako teaches the method for generating micro two-phase droplets according to claim 16 (see above), wherein when the first dispersion phase is defined as phase 1 (Nisisako; [0021]), the continuous phase is defined as phase 2 (Nisisako; [0021]).
Modified Nisisako fails to teach a second phase.
However, Torii ‘397 teaches the analogous art of producing micro-droplets (Torii ‘397; Title) that includes a first dispersion phase (Torii ‘397; fig. 5. 24), a second dispersion phase (Torii ‘397; fig. 5. 26).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to include a second dispersion phase as taught by Torii ‘397 because Torii ‘397 teaches the analogous art of producing micro-droplets (Torii ‘397; Title) that includes a first dispersion phase (Torii ‘397; fig. 5. 24), a second dispersion phase (Torii ‘397; fig. 5. 26), wherein the second dispersion phase is defined as phase 3 (Torii ‘397 teaches a second dispersion phase.
It would have been obvious to define the second dispersion phase as phase 3 because Nisisako teaches the first dispersion phase is defined as phase 1 (Nisisako; [0021]), the continuous phase is defined as phase 2 (Nisisako; [0021]),
the interfacial tension between the phases 1 and 2 is denoted as y12, the interfacial tension between the phases 1 and 3 is denoted as and the interfacial tension between the phases 2 and 3 is denoted as y23, y12 > y23.
Examiner notes that it is well known ion the art that the value of y (gamma) depends entirely on the specific pair of phases and their chemical/near-surface properties.
Therefore it would have been obvious to define the interfacial tension between the phases 1 and 2 is denoted as y12, the interfacial tension between the phases 1 and 3 is denoted as and the interfacial tension between the phases 2 and 3 is denoted as y13, and the interference tension between the phases 2 and 3 is denoted y23, y12 > y23;
a spreading parameter Si defined by Si=yjk- (yij+ yki) [where i, j and k are one of 1, 2 and 3 and are different from each other] is Si < 0, S2 < 0, and S3 > 0.
Modified Nisisako teaches a first dispersion phase, a second dispersion phase and a continuous phase (see above) with y values which can be used to calculate the spreading parameters.
However, without some statement of criticality or showing of unexpected results, to one of ordinary skill in the art before the effective filing data of the invention it would have been obvious to determine through routine mathematical experimentation a spreading parameter using the formula Si=yjk- (yij+ yki) [where i, j and k are one of 1, 2 and 3 and are different from each other] is Si < 0, S2 < 0, and S3 > 0
Modified Nisisako fails to teach core-shell microdroplets are generated.
However, Higuchi teaches the analogous art of producing emulsion and microcapsules (Higuchi; Title) that include a shell-forming phase (Higuchi; fig. 4. 15, and [0057]) wherein the core phase is aqueous (Higuchi; fig. 8. 38 and [0063]) and the shell is an organic phase (Higuchi; fig. 8. 35, 46 and [0063]).
To one of ordinary skill in the art before the effective filing date of the invention it would have been obvious to modify Nisisako’s micro two-phase droplets to include core shell microdroplets comprising a core of an aqueous phase and a shell of an organic phase are generated as taught by Higuchi because Higuchi teaches producing emulsion and microcapsules (Higuchi; Title) that include a shell-forming phase (Higuchi; fig. 4. 15, and [0057]) wherein the core phase is aqueous (Higuchi; fig. 8. 38 and [0063]) and the shell is an organic phase (Higuchi; fig. 8. 35, 46 and [0063]).
The modification allows the microdroplet to have a protective barrier (shell) shielding the core from factors like pH change and oxidation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX RAMIREZ whose telephone number is (571)272-9756. The examiner can normally be reached Monday - Friday 8:00 - 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Capozzi can be reached at (571) 270-3638. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/A.R./ Examiner, Art Unit 1798
/CHARLES CAPOZZI/ Supervisory Patent Examiner, Art Unit 1798
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