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 .
Status of Application
Claims 1, 2, 4, 5, 7, 14-16, 19, 20, 22, 25 and 32 are pending and presented for examination.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/20/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 2, 4, 5, 7, 14, 19, 20, 22, 25 and 32 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments filed 1/20/2026, with respect to the prior art rejections of 15 and 16 have been fully considered but they are not persuasive. The Applicant argues that Yeung does not teach the methods of preparing coatings. Applicant contends that the emphasis of the present application is on molecule-containing surface formulations which integrate small organic molecules into a surface matrix with polyphenols. Applicant argues that the chemistries are different and yield different properties. However, the Examiner notes that the claims are directed at a generic method of providing a solution and providing a functionalized substrate and coating and washing and do not recite any of the features which Applicant claims are novel and distinguishing. Applicant has not provided evidence as to what steps are included in Yeung that would be excluded by the present claim language. As outlined below Yeung teaches a process consisting of the steps as claimed and thereby meets all the limitations of the claim. Regardless of whether Yeung’s method is intended for a different application or yields different properties, the Examiner notes that these are not claimed features, and Applicant’s arguments that these processes are different based on unclaimed features is moot.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
1. Claims 1, 2, 4, 5, 7, 14, 19, 20, 22, 25 and 32 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 newly recites that the coating consisting of a mixture in solution of only cinnamaldehyde, a cinnamaldehyde derivative or an essential oil in combination with a polyphenol selected from a group including polydopamine tannic acid and a polyphenol containing solution. This claim includes coatings that only consist of a cinnamaldehyde and polydopamine, for example. However, the original disclosure fails to support this newly amended claim. Note that the specification makes clear that these types of combinations include additional elements such as water as a solvent and/or an aqueous solution of (Tris), see Applicant’s specification at Coating Preparation section, pages 38-41. Therefore, amended claim 1 which appears to exclude water and/or an aqueous solution fails to comply with the written description requirement. Claims 2, 4, 5, 7 and 32 depend from claim 1 and fail to comply with the written description requirement for the same reasons.
Similarly claim 14 now recites a process consisting of the steps of providing an amount of cinnamaldehyde and mixing that with a polyphenol comprising polydopamine, tannic acid, etc. As noted above, Applicant’s specification makes clear that the process of mixing includes water or an aqueous solution which is excluded by claim 14’s close-ended language. Therefore, claim 14 fails to comply with the written description requirement.
Similarly claim 19 recites a coating consisting of a mixture in solution of cinnamaldehyde with tannic acid, as one combination. As noted above, Applicant’s disclosure fails to support this combination not including water or an aqueous solution. Therefore, claim 19 fails to comply with the written description requirement. Claims 20, 22 and 25 depend from claim 19 and fail to comply with the written description requirement for the same reasons.
Claim Rejections - 35 USC § 112(b)
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
2. Claims 1, 2, 4, 5, 7, 14, 19, 20, 22, 25 and 32 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “consisting of a mixture in solution of:” and then recites the components of the mixture. However, it is unclear if Applicant is only claiming a mixture of the recited components alone using the language of “consisting of” or if the language of “in solution” is intended to allow for additional components such as solvents which are not recited in the body of the claim. Therefore, the metes and bounds of claim 1 are unclear and claim 1 is indefinite. Claims 2, 4, 5,7 and 32 depend from claim 1 and are indefinite for the same reasons.
Similarly, claim 14 recites a method “consisting of the steps” including providing an amount of a component and mixing with another component for form a “mixture in solution”. However, claim 14 doesn’t include a step of including a solvent or other components. Therefore, it is unclear if the claim excludes mixing with other components or if the language “mixture in solution” is intended to encompass the inclusion of additional elements, such as water as a solvent. Therefore, the metes and bounds of claim 14 are unclear, and claim 14 is indefinite.
Claim 19 recites “consisting of a mixture in solution of:” and then recites the components of the mixture. However, it is unclear if Applicant is only claiming a mixture of the recited components alone using the language of “consisting of” or if the language of “in solution” is intended to allow for additional components such as solvents which are not recited in the body of the claim. Therefore, the metes and bounds of claim 19 are unclear and claim 19 is indefinite. Claims 20, 22 and 25 depend from claim 19 and are indefinite for the same reasons.
Claim Rejections - 35 USC § 112(d)
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
3. Claims 25 and 32 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claims 25 and 32 recite the coatings provided in a buffer solution. However, claims 25 and 32 depend from claims 1 and 19 which exclude additional components. Therefore, claims 25 and 32 actually broaden the parent claims rather than providing further limitations. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
4. Claim(s) 15 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yeung et al. (U.S. PGPUB No. 2019/0174749).
Regarding claims 15 and 16, Yeung teaches a method of preparing a coating (claim 18) consisting of the steps of: providing a solution of cinnamaldehyde (0115); and then coating the mixture on a substrate (claim 18), potentially by dip coating for a predetermined amount of time (claim 23); removing the substrate (claim 23); and washing and drying the coating (0142). Yeung also teaches functionalizing the surface of the substrate with a polydopamine adhesion layer by liquid spray coating prior to coating with the mixture (0129). Yeung teaches all the limitations of claims 15 and 16; therefore, Yeung anticipates the claims.
Conclusion
Claims 1, 2, 4, 5, 7, 14-16, 19, 20, 22, 25 and 32 are pending.
Claims 1, 2, 4, 5, 7, 14-16, 19, 20, 22, 25 and 32 are rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT S WALTERS JR whose telephone number is (571)270-5351. The examiner can normally be reached Monday-Friday 8-5.
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/ROBERT S WALTERS JR/
March 7, 2026Primary Examiner, Art Unit 1717