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 II (claims 8-14) in the reply filed on 11/14/2025 is acknowledged.
Claims 1-7 and 15 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/14/2025.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 8-9 and 10-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heller (US 5849200 A).
With respect to claim 8, the claim requires “A method for manufacturing a filter having a photocatalyst attached thereto” Heller teaches a process of a photocatalyst being dispersed in a binder contacting a photocatalytic surface wherein the surface can be a filter (Heller, claims 1, 9, and 15).
Claim 8 further requires “the method comprising: dispersing a solution containing a photocatalyst and a polymer binder;” Heller teaches a photocatalyst dispersed in a binder, wherein the binder comprises silicone (polymer) (Heller, claims 1 and 9). Claim 8 further requires “dropping the solution onto a substrate; and cooling the substrate.” Heller teaches cooling the substrate after coating and heating the substrate (Heller 20, example 13). Regarding claim 9, Heller teaches photocatalysts can be adhered to the substrate by heat sintering or calcifying (Heller 2, line 22-24).
Regarding claim 11, Heller teaches cooling the substrate after coating and heating the substrate (Heller 20, example 13).
Regarding claim 12, Heller teaches binder comprising alumina and silica or mixtures thereof which are consider naturally hydrophilic materials (Heller, claim 8)
Regarding claim 13, Heller teaches a photocatalyst, a binder, and a solvent together by dispersing the photocatalyst through the use of a mixer with a high shear impellor operated (Heller 10, line 26).
Regarding claim 14, Heller teaches a photocatalyst comprising titanium dioxide that is photoactive in both its anatase and rutile phases, teaching wavelengths shorter than about 410 nm (rutile) or about 390 nm (anatase) (Heller 8, line 26-Heller 9, line 2).
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, 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.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Heller (US 5849200 A) as applied to claims 8-9 and 10-14 above.
With respect to claim 10, Heller teaches photocatalyst-binder compositions that are applied to surfaces, including plastic surfaces. See (Heller 10: 46-50 – “The photocatalyst-binder compositions of the present invention are thermostable. They can be applied from as liquid or, by dry-spraying as a powder. They can be applied to a large variety of surfaces, including glass, ceramic, metal, plastic, wood, painted surfaces, and the like.”) (emphasis added). Plastic surfaces reasonably suggests the polymer compound of the substrate, as claimed. After application, the photocatalyst-binder compositions and substrates are heated. (Heller 10: 55-56 – “may be heated to assist in the drying or curing process”). Heller teaches heating to the softening temperature of the binder when spray-drying or powder heating are employed. (Heller 10: 59-61). Heller would not appear to recite the heating above the glass transition temperature of the polymer compound of the substrate. However, Heller teaches that curing “under conditions suitable to remove solvents and cause polymerization and/or crosslinking of the binder composition and adherence of the photocatalyst-binder composition to the surface.”) (Heller 10: 63-67) (emphasis added). This reasonably suggests heating above the glass transition temperature of the substrate, as this would promote adherence of the photocatalyst-binder composition to the substrate. Note also the temperatures taught by Heller. (Heller 10: 56-61).
ConclusionAny inquiry concerning this communication or earlier communications from the examiner should be directed to STARFARI TESHAWN MCCLAIN whose telephone number is (571)272-0169. The examiner can normally be reached M-F 8 AM- 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Zimmer can be reached at (571) 270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STARFARI TESHAWN MCCLAIN/ Examiner, Art Unit 1736
/DANIEL C. MCCRACKEN/ Primary Examiner, Art Unit 1736