Prosecution Insights
Last updated: April 19, 2026
Application No. 18/222,629

Phase Change Barriers and Methods of Use Thereof

Non-Final OA §103
Filed
Jul 17, 2023
Examiner
ALVARE, PAUL
Art Unit
3763
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Nelumbo Inc.
OA Round
3 (Non-Final)
57%
Grant Probability
Moderate
3-4
OA Rounds
3y 2m
To Grant
96%
With Interview

Examiner Intelligence

Grants 57% of resolved cases
57%
Career Allow Rate
339 granted / 592 resolved
-12.7% vs TC avg
Strong +39% interview lift
Without
With
+38.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
51 currently pending
Career history
643
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
48.2%
+8.2% vs TC avg
§102
18.0%
-22.0% vs TC avg
§112
32.1%
-7.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 592 resolved cases

Office Action

§103
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 . 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/17/2025 has been entered. 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 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. Claims 1, 17, 28, 30 and 59 are rejected under 35 U.S.C. 103 as being unpatentable over Haupt et al. (US PG Pub. 20160333458) in view of Nishioka et al. (Translation of WO2012147288A1), hereinafter referred to as Haupt and Nishioka, respectively. Regarding Claim 1, Haupt discloses a method for preventing or delaying the onset of a phase change on a surface (“an anti-ice coating comprising at least one rare earth metal oxide, a method for the production thereof, and the use of this anti-ice coating for preventing the formation of ice on, or for reducing the adherence of ice to, at least one surface”, abstract), said method comprising: providing a modified surface that comprises a nanostructured surface modification on a surface (“the anti-icing coating also comprises a structuring in the nanometer range in addition to the structuring in the micrometer range”, ¶ [98]) and a hydrophobic functional layer deposited or layered over at least a portion of the nanostructured surface modification (“The substrates that are coated according to the invention, particularly plastic films, can be applied, e.g., glued or laminated (under temperature) to the surface of the two- or three-dimensional body to be coated. This is to advantage in that the films on the surfaces of the two- or three-dimensional body can be easily exchanged if they were exposed to large-scale wear and tear. According to the invention, the worn films are removed and replaced by new coated films to achieve this”, ¶131), and contacting the modified surface with a fluid stream that comprises a substance in at least one first phase comprising the substance in a vapor phase and/or a liquid phase (“prevents, an adhesion of ice and, on the other hand, lowers the freezing point of water”, ¶108 and “include winter sports equipment, wind turbines, front windshields, rear window panes, and signal light coverings”, ¶2) under environmental conditions at which phase change to a second phase would occur on an identical surface that does not comprise the nanostructured surface modification and the hydrophobic functional layer (“the technical effect of ‘freezing slowing down’ is achieved when, by coating at least one surface of a two- or three-dimensional body at a surface temperature of -20°C., the time period from the point when a drop of a liquid substance, preferably water, is applied to this surface until the drop crystallizes, i.e., freezes, is extended, preferably by at least a factor of 2, preferably by at least a factor of 5, preferably by at least a factor of 10, preferably by at least a factor of 20, as compared with such a surface of the two- or three-dimensional body having no coating according to the invention or being preferred according to the invention and containing at least one rare earth metal and oxygen”, ¶ [174]), wherein the modified surfaces is subcooled (“the present invention hence provides that the surface of a two- or three-dimensional body should be provided with an optionally supported coating which, on the one hand, reduces, more particularly prevents, an adhesion of ice and, on the other hand, lowers the freezing point of water, with the result that the water does not freeze on the surface or freezes on the surface only at a later point, i.e., at an even lower temperature” ¶ [108]) by greater than about 1°C below the equilibrium phase transition temperature of said first phase to said second phase (“the coating used, preferably, results in a lowering of the freezing point, particularly of at least 3° C” ¶111), and wherein said phase change is prevented or delayed on said modified surface in comparison to an identical surface that does not comprise the nanostructured surface modification and the hydrophobic functional layer (see previous annotations, specifically ¶108 and ¶111). Haupt fails to disclose a heat exchanger having modified adjacent surfaces on parallel fins in a heat exchanger, wherein the adjacent surfaces of the fins are an aluminum alloy. Nishioka, also drawn to an anti-freezing coating having nanostructures (“the fine protrusion 121 is a nano-order protrusion”), teaches a heat exchanger (shown in figure 5) having modified adjacent surfaces on parallel fins (212, shown in figures 5-6) in a heat exchanger (shown in figure 5), wherein the adjacent surfaces of the fins are an aluminum alloy (“The substrate 110 is a plate member made of metal such as aluminum, aluminum alloy”). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the coating of Haupt on parallel fins in a heat exchanger, wherein the adjacent surfaces of the fins are an aluminum alloy, as taught by Nishioka, the motivation being to reduce the formation of frost on the heat exchanger fins and provide “high sliding performance as described above even under conditions where frost can be generated on the surface at low temperatures. It was possible to delay the time of occurrence”, wherein frost decreases the efficiency of the heat exchanger and increases corrosion, while still maintaining a high level of thermal conductivity and corrosion resistance by utilizing an aluminum alloy. Regarding Claim 17, Haupt further discloses said modified surface is subcooled by greater than 2 °C, greater than 3 °C below the equilibrium phase transition value of said first phase to said second phase and said substance still exists in the first phase (“the coating used, preferably, results in a lowering of the freezing point, particularly of at least 3° C” ¶111). Regarding Claim 28, Haupt further discloses said phase change from said first phase to said second phase comprises nucleation of said substance on said surface modification (“the coating used, preferably, results in a lowering of the freezing point, particularly of at least 3° C” ¶111 and “The chamber bottom temperature at which the drop freezes and the time elapsing from the start of nucleation to full freezing of the drop (freezing time) are shown in Table 10” ¶222). Regarding Claim 30, Haupt further discloses the surface modification where nucleation occurs comprises a metal oxide (see abstract). Regarding Claim 59, a modified Haupt further teaches the parallel fin heat exchanger (as taught by Nishioka in the rejection of Claim 1) comprises a fin pitch of 1 mm to 8 mm (“The heat sink 15 contained eight fins 16, which were 0.700" tall, 1.0" wide, and fabricated with a uniform fin thickness and fin spacing of 0.066", ¶98). Claims 2-11 and 31 are rejected under 35 U.S.C. 103 as being unpatentable over Haupt et al. (US PG Pub. 20160333458) in view of Nishioka et al. (Translation of WO2012147288A1)as applied in Claims 1, 17, 28, 30 and 59 above and in further view of Aizenberg et al. (US PG Pub. 2014/0290731A1), hereinafter referred to as Aizenberg. Regarding Claim 2, although Haupt discloses the prevention of the formation of ice under atmospheric conditions that includes a phase change from a vapor, Haupt fails to explicitly disclose said at least one first phase comprises a vapor phase, wherein said second phase comprises a surface condensed liquid phase, and wherein said prevention or delay of phase change comprises prevention or delay of condensation of said vapor to form a liquid on said surface. Aizenberg, also drawn to a treated surface having nano-structures for the purpose of preventing freezing fluids (“resist ice”, abstract and disclosed at least in ¶409) and a functional layer (shown in figure 2), teaches said at least one first phase comprises a vapor phase, wherein said second phase comprises a surface condensed liquid phase, and wherein said prevention or delay of phase change comprises prevention or delay of condensation of said vapor to form a liquid on said surface (“a flow channel, an optical component, a sign or commercial graphic, a building material, an element of a refrigeration system where preventing or reducing accumulation of ice, frost or condensate is advantageous, like coil, pipe, fin, cartridge of fins or wall, or heat exchanger”, ¶26). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Haupt with the above limitations, as taught by Aizenberg, the motivation being to reduce the accumulation of ice, frost or condensate that may cause degradation, failure or increased ineffectiveness of a component in an extreme environment. Regarding Claim 3, although Haupt discloses the prevention of the formation of ice under atmospheric conditions that includes a phase change from a vapor, Haupt fails to explicitly disclose said vapor is water vapor, said fluid stream is air, and wherein said prevention or delay of phase change comprises prevention or delay of condensation of said water vapor on said surface. Aizenberg, also drawn to a treated surface having nano-structures for the purpose of preventing freezing fluids (“resist ice”, abstract and disclosed at least in ¶409) and a functional layer (shown in figure 2), teaches said vapor is water vapor, said fluid stream is air (“at least one surface exposed to wind or water resistance, wherein the device is selected from the group consisting of a wind mill, a container, a solar cell, and avionic device, a marine vessel, roofing material, a fabric, a fingerprint resistant surface, for example contained in a lens, goggle, a touch screen, or a window, and an underwater device are provided having a slippery, repellant and/or no-adhesive surface”, ¶27), and wherein said prevention or delay of phase change comprises prevention or delay of condensation of said water vapor on said surface (“a flow channel, an optical component, a sign or commercial graphic, a building material, an element of a refrigeration system where preventing or reducing accumulation of ice, frost or condensate is advantageous, like coil, pipe, fin, cartridge of fins or wall, or heat exchanger”, ¶26). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Haupt with the above limitations, as taught by Aizenberg, the motivation being to reduce the accumulation of ice, frost or condensate that may cause degradation, failure or increased ineffectiveness of a component in an extreme environment. Regarding Claim 4, although Haupt discloses the prevention of the formation of ice under atmospheric conditions that includes a phase change from a vapor, Haupt fails to explicitly disclose said at least one first phase comprises a vapor phase, wherein said second phase comprises a solid phase, wherein said vapor condenses on said surface to form a condensate, and wherein said prevention or delay of phase change comprises prevention or delay of solidification of said condensate to form a solid on said surface. Aizenberg, also drawn to a treated surface having nano-structures for the purpose of preventing freezing fluids (“resist ice”, abstract and disclosed at least in ¶409) and a functional layer (shown in figure 2), teaches said at least one first phase comprises a vapor phase, wherein said second phase comprises a solid phase, wherein said vapor condenses on said surface to form a condensate, and wherein said prevention or delay of phase change comprises prevention or delay of solidification of said condensate to form a solid on said surface (“a flow channel, an optical component, a sign or commercial graphic, a building material, an element of a refrigeration system where preventing or reducing accumulation of ice, frost or condensate is advantageous, like coil, pipe, fin, cartridge of fins or wall, or heat exchanger”, ¶26). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Haupt with the above limitations, as taught by Aizenberg, the motivation being to reduce the accumulation of ice, frost or condensate that may cause degradation, failure or increased ineffectiveness of a component in an extreme environment. Regarding Claim 5, although Haupt discloses the prevention of the formation of ice under atmospheric conditions that includes a phase change from a vapor, Haupt fails to explicitly disclose said vapor is water vapor, said fluid stream is air, said condensate is water condensate, and wherein said prevention or delay of phase change comprises prevention or delay of solidification of said water condensate to form frost or ice on said surface. Aizenberg, also drawn to a treated surface having nano-structures for the purpose of preventing freezing fluids (“resist ice”, abstract and disclosed at least in ¶409) and a functional layer (shown in figure 2), teaches said vapor is water vapor, said fluid stream is air (“a flow channel, an optical component, a sign or commercial graphic, a building material, an element of a refrigeration system where preventing or reducing accumulation of ice, frost or condensate is advantageous, like coil, pipe, fin, cartridge of fins or wall, or heat exchanger”, ¶26), said condensate is water condensate, and wherein said prevention or delay of phase change comprises prevention or delay of solidification of said water condensate to form frost or ice on said surface (see ¶26, wherein condensate and ice are prevented due to the surface structure of Aizenberg). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Haupt with the above limitations, as taught by Aizenberg, the motivation being to reduce the accumulation of ice, frost or condensate that may cause degradation, failure or increased ineffectiveness of a component in an extreme environment. Regarding Claim 6, although Haupt discloses the prevention of the formation of ice under atmospheric conditions that includes a phase change from a vapor, Haupt fails to explicitly disclose said at least one first phase comprises a vapor phase and a liquid phase, wherein said second phase comprises a surface condensed liquid phase, and wherein said prevention or delay of phase change comprises prevention or delay of condensation of said vapor to form a liquid on said surface. Aizenberg, also drawn to a treated surface having nano-structures for the purpose of preventing freezing fluids (“resist ice”, abstract and disclosed at least in ¶409) and a functional layer (shown in figure 2), teaches said at least one first phase comprises a vapor phase and a liquid phase, wherein said second phase comprises a surface condensed liquid phase, and wherein said prevention or delay of phase change comprises prevention or delay of condensation of said vapor to form a liquid on said surface (“a flow channel, an optical component, a sign or commercial graphic, a building material, an element of a refrigeration system where preventing or reducing accumulation of ice, frost or condensate is advantageous, like coil, pipe, fin, cartridge of fins or wall, or heat exchanger”, ¶26). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Haupt with the above limitations, as taught by Aizenberg, the motivation being to reduce the accumulation of ice, frost or condensate that may cause degradation, failure or increased ineffectiveness of a component in an extreme environment. Regarding Claim 7, although Haupt discloses the prevention of the formation of ice under atmospheric conditions that includes a phase change from a vapor, Haupt fails to explicitly disclose said vapor is water vapor, said liquid is water, said fluid stream is air, and wherein said prevention or delay of phase change comprises prevention or delay of condensation of said water vapor on said surface. Aizenberg, also drawn to a treated surface having nano-structures for the purpose of preventing freezing fluids (“resist ice”, abstract and disclosed at least in ¶409) and a functional layer (shown in figure 2), teaches said vapor is water vapor, said liquid is water, said fluid stream is air (“a flow channel, an optical component, a sign or commercial graphic, a building material, an element of a refrigeration system where preventing or reducing accumulation of ice, frost or condensate is advantageous, like coil, pipe, fin, cartridge of fins or wall, or heat exchanger”, ¶26), and wherein said prevention or delay of phase change comprises prevention or delay of condensation of said water vapor on said surface (see ¶26, wherein condensate and ice are prevented due to the surface structure of Aizenberg). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Haupt with the above limitations, as taught by Aizenberg, the motivation being to reduce the accumulation of ice, frost or condensate that may cause degradation, failure or increased ineffectiveness of a component in an extreme environment. Regarding Claim 8, although Haupt discloses the prevention of the formation of ice under atmospheric conditions that includes a phase change from a vapor, Haupt fails to explicitly disclose said at least one first phase comprises a vapor phase and a liquid phase, wherein said second phase comprises a solid phase, wherein said surface comprises condensate from said vapor and/or liquid, and wherein said prevention or delay of phase change comprises prevention or delay of solidification of said condensate and/or said liquid to form a solid on said surface. Aizenberg, also drawn to a treated surface having nano-structures for the purpose of preventing freezing fluids (“resist ice”, abstract and disclosed at least in ¶409) and a functional layer (shown in figure 2), teaches said at least one first phase comprises a vapor phase and a liquid phase, wherein said second phase comprises a solid phase (“a flow channel, an optical component, a sign or commercial graphic, a building material, an element of a refrigeration system where preventing or reducing accumulation of ice, frost or condensate is advantageous, like coil, pipe, fin, cartridge of fins or wall, or heat exchanger”, ¶26), wherein said surface comprises condensate from said vapor and/or liquid, and wherein said prevention or delay of phase change comprises prevention or delay of solidification of said condensate and/or said liquid to form a solid on said surface (see ¶26, wherein condensate and ice are prevented due to the surface structure of Aizenberg). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Haupt with the above limitations, as taught by Aizenberg, the motivation being to reduce the accumulation of ice, frost or condensate that may cause degradation, failure or increased ineffectiveness of a component in an extreme environment. Regarding Claim 9, although Haupt discloses the prevention of the formation of ice under atmospheric conditions that includes a phase change from a vapor, Haupt fails to explicitly disclose said vapor is water vapor, said liquid is water, said fluid stream is air, said surface comprises condensate of said water vapor and/or liquid water, and wherein said prevention or delay of phase change comprises prevention or delay of solidification of said water condensate and/or liquid water on said surface to form frost or ice on said surface. Aizenberg, also drawn to a treated surface having nano-structures for the purpose of preventing freezing fluids (“resist ice”, abstract and disclosed at least in ¶409) and a functional layer (shown in figure 2), teaches said vapor is water vapor, said liquid is water, said fluid stream is air (“a flow channel, an optical component, a sign or commercial graphic, a building material, an element of a refrigeration system where preventing or reducing accumulation of ice, frost or condensate is advantageous, like coil, pipe, fin, cartridge of fins or wall, or heat exchanger”, ¶26), said surface comprises condensate of said water vapor and/or liquid water, and wherein said prevention or delay of phase change comprises prevention or delay of solidification of said water condensate and/or liquid water on said surface to form frost or ice on said surface (see ¶26, wherein condensate and ice are prevented due to the surface structure of Aizenberg). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Haupt with the above limitations, as taught by Aizenberg, the motivation being to reduce the accumulation of ice, frost or condensate that may cause degradation, failure or increased ineffectiveness of a component in an extreme environment. Regarding Claim 10, although Haupt discloses the prevention of the formation of ice under atmospheric conditions that includes a phase change from a vapor, Haupt fails to explicitly disclose said at least one first phase comprises a vapor phase, wherein said second phase comprises a solid phase, and wherein said prevention or delay of phase change comprises prevention or delay of solidification of said vapor to form a solid on said surface. Aizenberg, also drawn to a treated surface having nano-structures for the purpose of preventing freezing fluids (“resist ice”, abstract and disclosed at least in ¶409) and a functional layer (shown in figure 2), teaches said at least one first phase comprises a vapor phase, wherein said second phase comprises a solid phase (“a flow channel, an optical component, a sign or commercial graphic, a building material, an element of a refrigeration system where preventing or reducing accumulation of ice, frost or condensate is advantageous, like coil, pipe, fin, cartridge of fins or wall, or heat exchanger”, ¶26), and wherein said prevention or delay of phase change comprises prevention or delay of solidification of said vapor to form a solid on said surface (see at least ¶26, wherein the delay forming ice from vapor is the intended purpose of the surface modification as taught by Aizenberg). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Haupt with the above limitations, as taught by Aizenberg, the motivation being to reduce the accumulation of ice, frost or condensate that may cause degradation, failure or increased ineffectiveness of a component in an extreme environment. Regarding Claim 11, although Haupt discloses the prevention of the formation of ice under atmospheric conditions that includes a phase change from a vapor, Haupt fails to explicitly disclose said vapor is water vapor, said solid is water frost or ice, and wherein said prevention or delay of phase change comprises prevention or delay of solidification of said water vapor to form water frost or ice on said surface. Aizenberg, also drawn to a treated surface having nano-structures for the purpose of preventing freezing fluids (“resist ice”, abstract and disclosed at least in ¶409) and a functional layer (shown in figure 2), teaches said vapor is water vapor, said solid is water frost or ice (“a flow channel, an optical component, a sign or commercial graphic, a building material, an element of a refrigeration system where preventing or reducing accumulation of ice, frost or condensate is advantageous, like coil, pipe, fin, cartridge of fins or wall, or heat exchanger”, ¶26), and wherein said prevention or delay of phase change comprises prevention or delay of solidification of said water vapor to form water frost or ice on said surface (see ¶26, wherein condensate and ice are prevented due to the surface structure of Aizenberg). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Haupt with the above limitations, as taught by Aizenberg, the motivation being to reduce the accumulation of ice, frost or condensate that may cause degradation, failure or increased ineffectiveness of a component in an extreme environment. Regarding Claim 31, Haupt fails to disclose the hydrophobic functional layer comprises a polymer comprising alkyl or fluoroalkyl monomer units. Aizenberg, also drawn to a treated surface having nano-structures for the purpose of preventing freezing fluids (“resist ice”, abstract and disclosed at least in ¶409) and a functional layer (shown in figure 2), teaches a hydrophobic functional layer comprises a polymer comprising alkyl or fluoroalkyl monomer units (“Liquid B can be selected from a number of different liquids. For example, perfluorinated hydrocarbons or organosilicone compound (e.g. silicone elastomer) and the like can be utilized. In particular, the tertiary perfluoroalkylamines (such as perfluorotri-n-pentylamine, FC-70 by 3M, perfluorotri-n-butylamine FC-40, etc), perfluoroalkylsulfides and perfluoroalkylsulfoxides, perfluoroalkylethers, perfluorocycloethers (like FC-77) and perfluoropolyethers (such as KRYTOX family of lubricants by DuPont), perfluoroalkylphosphines and perfluoroalkylphosphineoxides as well as their mixtures can be used for these applications, as well as their mixtures with perfluorocarbons and any and all members of the classes mentioned…The perfluoroalkyl group in these compounds could be linear or branched and some or all linear and branched groups can be only partially fluorinated”, ¶212 and “Liquid B may be selected to also exhibit low surface energy (e.g., less than 20 mJ/m2), such as perfluorotributylamine, perfluorotri-n-pentylamine, perfluorohexane, perfluoro(2-butyl-tetrahydrofuran), perfluorocycloether, perfluoro n-alkyl morpholines, perfluoroalkylethers, perfluorotripropylamine, and the like”,¶262). Aizenberg states, “Liquid B and/or the roughened surface can be modified to obtain the desired surface energy and/or critical surface energy” ¶239. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Haupt with the above limitations, as taught by Aizenberg, the motivation being to “obtain the desired surface energy and/or critical surface energy” and control the wettability if the roughened surface to further enhance the liquid repellant. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Haupt et al. (US PG Pub. 20160333458) in view of Nishioka et al. (Translation of WO2012147288A1) as applied in Claims 1, 17, 28, 30 and 59 above in further view of Aizenberg et al. (US PG Pub. 20140000857) as applied in Claims 2-11 and 31 above and in further view of King (US PG Pub. 2014/0000857) hereinafter referred to as King. Regarding Claim 12, although Haupt discloses the prevention or delay of phase change comprises prevention or delay of solidification of a gas to form a frozen phase of said gas on the modified surface, Haupt fails to disclose said vapor is CO2 gas. King, also drawn to a surface for preventing phase change having nanostructures, teaches a vapor is CO2 (“Inorganic refrigerants known to the art include air, ammonia, carbon dioxide sulfur dioxide and water” ¶ [73]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Haupt with the vapor being CO2 gas, as taught by Ran, the motivation being that carbon dioxide is a known inorganic refrigerant utilized within numerous heat exchange systems due to carbon dioxide being a naturally occurring substance that is environmentally friendly when compared to other refrigerants on the market. Claim 60 is rejected under 35 U.S.C. 103 as being unpatentable over Haupt et al. (US PG Pub. 20160333458) in view of Nishioka et al. (Translation of WO2012147288A1) as applied in Claims 1, 17, 28, 30 and 59 above in further view of Brockway (WO2017031391A1), hereinafter referred to as Brockway. Regarding Claim 60, although a modified Haupt teaches the nanostructured surface modification is prepared in a process that comprising contacting surfaces of the fins (as taught by Nishioka in the rejection of Claim 1) with a solution that comprises a Group II metal oxide (“The invention concerns a two- or three-dimensional body having an anti-ice coating comprising at least one rare earth metal oxide”, abstract) and heating the substrate at a temperature from about 100°C to about 600°C (shown in Table IV, wherein the substrate is heated during the fabrication process at temperatures including 100°C, 300°C, 400°C, 500°C). Haupt fails to disclose the solution a Group II or transition metal salt and an amine and heating the substrate at a temperature from about 100 °C to about 600 °C. Brockway, also drawn to a hydrophobic coating (see ¶62) on a metal substrate, teaches a Group II or transition metal salt (see ¶ [57]) and an amine (“hexamine”, ¶ 62]), thereby depositing a nanostructured metal oxide coating on a substrate (shown in figure 4), and heating the substrate at a temperature from about 100 °C to about 600 °C (“then rinsed with deionized water and heated to 120° C. on a hot plate for one hour”, ¶ [81]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Haupt with the above limitations, as taught by Brockway, the motivation being to create a uniform liquid repellant coating that can easily be applied onto the substrates, prevents the corrosion of the substrate both in acidic and basic conditions, is robust, results in superior abrasion and thermal resistance, and tunable for various applications by simply changing the chemical bath temperature and reactant concentration. Claims 1, 17, 28, 30 and 59 are rejected under 35 U.S.C. 103 as being unpatentable over Haupt et al. (US PG Pub. 20160333458) in view of Lee et al. (Translation of KR20150061765A), hereinafter referred to as Lee. Regarding Claim 1, Haupt discloses a method for preventing or delaying the onset of a phase change on a surface (“an anti-ice coating comprising at least one rare earth metal oxide, a method for the production thereof, and the use of this anti-ice coating for preventing the formation of ice on, or for reducing the adherence of ice to, at least one surface”, abstract), said method comprising: providing a modified surface that comprises a nanostructured surface modification on a surface (“the anti-icing coating also comprises a structuring in the nanometer range in addition to the structuring in the micrometer range”, ¶ [98]) and a hydrophobic functional layer deposited or layered over at least a portion of the nanostructured surface modification (“The substrates that are coated according to the invention, particularly plastic films, can be applied, e.g., glued or laminated (under temperature) to the surface of the two- or three-dimensional body to be coated. This is to advantage in that the films on the surfaces of the two- or three-dimensional body can be easily exchanged if they were exposed to large-scale wear and tear. According to the invention, the worn films are removed and replaced by new coated films to achieve this”, ¶131), and contacting the modified surface with a fluid stream that comprises a substance in at least one first phase comprising the substance in a vapor phase and/or a liquid phase (“prevents, an adhesion of ice and, on the other hand, lowers the freezing point of water”, ¶108 and “include winter sports equipment, wind turbines, front windshields, rear window panes, and signal light coverings”, ¶2) under environmental conditions at which phase change to a second phase would occur on an identical surface that does not comprise the nanostructured surface modification and the hydrophobic functional layer (“the technical effect of ‘freezing slowing down’ is achieved when, by coating at least one surface of a two- or three-dimensional body at a surface temperature of -20°C., the time period from the point when a drop of a liquid substance, preferably water, is applied to this surface until the drop crystallizes, i.e., freezes, is extended, preferably by at least a factor of 2, preferably by at least a factor of 5, preferably by at least a factor of 10, preferably by at least a factor of 20, as compared with such a surface of the two- or three-dimensional body having no coating according to the invention or being preferred according to the invention and containing at least one rare earth metal and oxygen”, ¶ [174]), wherein the modified surfaces is subcooled (“the present invention hence provides that the surface of a two- or three-dimensional body should be provided with an optionally supported coating which, on the one hand, reduces, more particularly prevents, an adhesion of ice and, on the other hand, lowers the freezing point of water, with the result that the water does not freeze on the surface or freezes on the surface only at a later point, i.e., at an even lower temperature” ¶ [108]) by greater than about 1°C below the equilibrium phase transition temperature of said first phase to said second phase (“the coating used, preferably, results in a lowering of the freezing point, particularly of at least 3° C” ¶111), and wherein said phase change is prevented or delayed on said modified surface in comparison to an identical surface that does not comprise the nanostructured surface modification and the hydrophobic functional layer (see previous annotations, specifically ¶108 and ¶111). Haupt fails to disclose a heat exchanger having modified adjacent surfaces on parallel fins in a heat exchanger, wherein the adjacent surfaces of the fins are an aluminum alloy. Lee, also drawn to a hydrophobic coating (“a fin for an evaporator with a super water-repellent coating layer”, see abstract) formed by etching, teaches a modified adjacent surfaces on parallel fins (30) in a heat exchanger (shown in figures 2-3), wherein the adjacent surfaces of the fins are an aluminum alloy (“The fin for the evaporator is an aluminum (Al) alloy, preferably at least one aluminum alloy selected from the group consisting of aluminum alloy 3003, 4343 and 7072”, (¶25)). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the coating of Haupt on parallel fins in a heat exchanger, wherein the adjacent surfaces of the fins are an aluminum alloy, as taught by Lee, the motivation being “a condensate is easily discharged”, (¶1), “water-repellent coating layer on the surface of the evaporator which is simpler, more cost-competitive, and can give superhydrophobic surface characteristics” (¶14), “the fin for the evaporator according to the present invention has a super water-repellent surface property, condensate can be removed in a short time from the surface of the evaporator, so that microorganisms such as bacteria and fungi cannot grow on the surface of the evaporation path. Odor can be reduced by suppressing corrosion”, (¶19), while still maintaining a high level of thermal conductivity and corrosion resistance by utilizing an aluminum alloy. Regarding Claim 17, Haupt further discloses said modified surface is subcooled by greater than 2 °C, greater than 3 °C below the equilibrium phase transition value of said first phase to said second phase and said substance still exists in the first phase (“the coating used, preferably, results in a lowering of the freezing point, particularly of at least 3° C” ¶111). Regarding Claim 28, Haupt further discloses said phase change from said first phase to said second phase comprises nucleation of said substance on said surface modification (“the coating used, preferably, results in a lowering of the freezing point, particularly of at least 3° C” ¶111 and “The chamber bottom temperature at which the drop freezes and the time elapsing from the start of nucleation to full freezing of the drop (freezing time) are shown in Table 10” ¶222). Regarding Claim 30, Haupt further discloses the surface modification where nucleation occurs comprises a metal oxide (see abstract). Regarding Claim 59, a modified Haupt further teaches the parallel fin heat exchanger (as taught by Lee in the rejection of Claim 1) comprises a fin pitch of 1 mm to 8 mm (“The heat sink 15 contained eight fins 16, which were 0.700" tall, 1.0" wide, and fabricated with a uniform fin thickness and fin spacing of 0.066", ¶98). Claims 2-11 and 31 are rejected under 35 U.S.C. 103 as being unpatentable over Haupt et al. (US PG Pub. 20160333458) in view of Lee et al. (Translation of KR20150061765A) as applied in Claims 1, 17, 28, 30 and 59 above and in further view of Aizenberg et al. (US PG Pub. 2014/0290731A1), hereinafter referred to as Aizenberg. Regarding Claim 2, although Haupt discloses the prevention of the formation of ice under atmospheric conditions that includes a phase change from a vapor, Haupt fails to explicitly disclose said at least one first phase comprises a vapor phase, wherein said second phase comprises a surface condensed liquid phase, and wherein said prevention or delay of phase change comprises prevention or delay of condensation of said vapor to form a liquid on said surface. Aizenberg, also drawn to a treated surface having nano-structures for the purpose of preventing freezing fluids (“resist ice”, abstract and disclosed at least in ¶409) and a functional layer (shown in figure 2), teaches said at least one first phase comprises a vapor phase, wherein said second phase comprises a surface condensed liquid phase, and wherein said prevention or delay of phase change comprises prevention or delay of condensation of said vapor to form a liquid on said surface (“a flow channel, an optical component, a sign or commercial graphic, a building material, an element of a refrigeration system where preventing or reducing accumulation of ice, frost or condensate is advantageous, like coil, pipe, fin, cartridge of fins or wall, or heat exchanger”, ¶26). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Haupt with the above limitations, as taught by Aizenberg, the motivation being to reduce the accumulation of ice, frost or condensate that may cause degradation, failure or increased ineffectiveness of a component in an extreme environment. Regarding Claim 3, although Haupt discloses the prevention of the formation of ice under atmospheric conditions that includes a phase change from a vapor, Haupt fails to explicitly disclose said vapor is water vapor, said fluid stream is air, and wherein said prevention or delay of phase change comprises prevention or delay of condensation of said water vapor on said surface. Aizenberg, also drawn to a treated surface having nano-structures for the purpose of preventing freezing fluids (“resist ice”, abstract and disclosed at least in ¶409) and a functional layer (shown in figure 2), teaches said vapor is water vapor, said fluid stream is air (“at least one surface exposed to wind or water resistance, wherein the device is selected from the group consisting of a wind mill, a container, a solar cell, and avionic device, a marine vessel, roofing material, a fabric, a fingerprint resistant surface, for example contained in a lens, goggle, a touch screen, or a window, and an underwater device are provided having a slippery, repellant and/or no-adhesive surface”, ¶27), and wherein said prevention or delay of phase change comprises prevention or delay of condensation of said water vapor on said surface (“a flow channel, an optical component, a sign or commercial graphic, a building material, an element of a refrigeration system where preventing or reducing accumulation of ice, frost or condensate is advantageous, like coil, pipe, fin, cartridge of fins or wall, or heat exchanger”, ¶26). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Haupt with the above limitations, as taught by Aizenberg, the motivation being to reduce the accumulation of ice, frost or condensate that may cause degradation, failure or increased ineffectiveness of a component in an extreme environment. Regarding Claim 4, although Haupt discloses the prevention of the formation of ice under atmospheric conditions that includes a phase change from a vapor, Haupt fails to explicitly disclose said at least one first phase comprises a vapor phase, wherein said second phase comprises a solid phase, wherein said vapor condenses on said surface to form a condensate, and wherein said prevention or delay of phase change comprises prevention or delay of solidification of said condensate to form a solid on said surface. Aizenberg, also drawn to a treated surface having nano-structures for the purpose of preventing freezing fluids (“resist ice”, abstract and disclosed at least in ¶409) and a functional layer (shown in figure 2), teaches said at least one first phase comprises a vapor phase, wherein said second phase comprises a solid phase, wherein said vapor condenses on said surface to form a condensate, and wherein said prevention or delay of phase change comprises prevention or delay of solidification of said condensate to form a solid on said surface (“a flow channel, an optical component, a sign or commercial graphic, a building material, an element of a refrigeration system where preventing or reducing accumulation of ice, frost or condensate is advantageous, like coil, pipe, fin, cartridge of fins or wall, or heat exchanger”, ¶26). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Haupt with the above limitations, as taught by Aizenberg, the motivation being to reduce the accumulation of ice, frost or condensate that may cause degradation, failure or increased ineffectiveness of a component in an extreme environment. Regarding Claim 5, although Haupt discloses the prevention of the formation of ice under atmospheric conditions that includes a phase change from a vapor, Haupt fails to explicitly disclose said vapor is water vapor, said fluid stream is air, said condensate is water condensate, and wherein said prevention or delay of phase change comprises prevention or delay of solidification of said water condensate to form frost or ice on said surface. Aizenberg, also drawn to a treated surface having nano-structures for the purpose of preventing freezing fluids (“resist ice”, abstract and disclosed at least in ¶409) and a functional layer (shown in figure 2), teaches said vapor is water vapor, said fluid stream is air (“a flow channel, an optical component, a sign or commercial graphic, a building material, an element of a refrigeration system where preventing or reducing accumulation of ice, frost or condensate is advantageous, like coil, pipe, fin, cartridge of fins or wall, or heat exchanger”, ¶26), said condensate is water condensate, and wherein said prevention or delay of phase change comprises prevention or delay of solidification of said water condensate to form frost or ice on said surface (see ¶26, wherein condensate and ice are prevented due to the surface structure of Aizenberg). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Haupt with the above limitations, as taught by Aizenberg, the motivation being to reduce the accumulation of ice, frost or condensate that may cause degradation, failure or increased ineffectiveness of a component in an extreme environment. Regarding Claim 6, although Haupt discloses the prevention of the formation of ice under atmospheric conditions that includes a phase change from a vapor, Haupt fails to explicitly disclose said at least one first phase comprises a vapor phase and a liquid phase, wherein said second phase comprises a surface condensed liquid phase, and wherein said prevention or delay of phase change comprises prevention or delay of condensation of said vapor to form a liquid on said surface. Aizenberg, also drawn to a treated surface having nano-structures for the purpose of preventing freezing fluids (“resist ice”, abstract and disclosed at least in ¶409) and a functional layer (shown in figure 2), teaches said at least one first phase comprises a vapor phase and a liquid phase, wherein said second phase comprises a surface condensed liquid phase, and wherein said prevention or delay of phase change comprises prevention or delay of condensation of said vapor to form a liquid on said surface (“a flow channel, an optical component, a sign or commercial graphic, a building material, an element of a refrigeration system where preventing or reducing accumulation of ice, frost or condensate is advantageous, like coil, pipe, fin, cartridge of fins or wall, or heat exchanger”, ¶26). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Haupt with the above limitations, as taught by Aizenberg, the motivation being to reduce the accumulation of ice, frost or condensate that may cause degradation, failure or increased ineffectiveness of a component in an extreme environment. Regarding Claim 7, although Haupt discloses the prevention of the formation of ice under atmospheric conditions that includes a phase change from a vapor, Haupt fails to explicitly disclose said vapor is water vapor, said liquid is water, said fluid stream is air, and wherein said prevention or delay of phase change comprises prevention or delay of condensation of said water vapor on said surface. Aizenberg, also drawn to a treated surface having nano-structures for the purpose of preventing freezing fluids (“resist ice”, abstract and disclosed at least in ¶409) and a functional layer (shown in figure 2), teaches said vapor is water vapor, said liquid is water, said fluid stream is air (“a flow channel, an optical component, a sign or commercial graphic, a building material, an element of a refrigeration system where preventing or reducing accumulation of ice, frost or condensate is advantageous, like coil, pipe, fin, cartridge of fins or wall, or heat exchanger”, ¶26), and wherein said prevention or delay of phase change comprises prevention or delay of condensation of said water vapor on said surface (see ¶26, wherein condensate and ice are prevented due to the surface structure of Aizenberg). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Haupt with the above limitations, as taught by Aizenberg, the motivation being to reduce the accumulation of ice, frost or condensate that may cause degradation, failure or increased ineffectiveness of a component in an extreme environment. Regarding Claim 8, although Haupt discloses the prevention of the formation of ice under atmospheric conditions that includes a phase change from a vapor, Haupt fails to explicitly disclose said at least one first phase comprises a vapor phase and a liquid phase, wherein said second phase comprises a solid phase, wherein said surface comprises condensate from said vapor and/or liquid, and wherein said prevention or delay of phase change comprises prevention or delay of solidification of said condensate and/or said liquid to form a solid on said surface. Aizenberg, also drawn to a treated surface having nano-structures for the purpose of preventing freezing fluids (“resist ice”, abstract and disclosed at least in ¶409) and a functional layer (shown in figure 2), teaches said at least one first phase comprises a vapor phase and a liquid phase, wherein said second phase comprises a solid phase (“a flow channel, an optical component, a sign or commercial graphic, a building material, an element of a refrigeration system where preventing or reducing accumulation of ice, frost or condensate is advantageous, like coil, pipe, fin, cartridge of fins or wall, or heat exchanger”, ¶26), wherein said surface comprises condensate from said vapor and/or liquid, and wherein said prevention or delay of phase change comprises prevention or delay of solidification of said condensate and/or said liquid to form a solid on said surface (see ¶26, wherein condensate and ice are prevented due to the surface structure of Aizenberg). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Haupt with the above limitations, as taught by Aizenberg, the motivation being to reduce the accumulation of ice, frost or condensate that may cause degradation, failure or increased ineffectiveness of a component in an extreme environment. Regarding Claim 9, although Haupt discloses the prevention of the formation of ice under atmospheric conditions that includes a phase change from a vapor, Haupt fails to explicitly disclose said vapor is water vapor, said liquid is water, said fluid stream is air, said surface comprises condensate of said water vapor and/or liquid water, and wherein said prevention or delay of phase change comprises prevention or delay of solidification of said water condensate and/or liquid water on said surface to form frost or ice on said surface. Aizenberg, also drawn to a treated surface having nano-structures for the purpose of preventing freezing fluids (“resist ice”, abstract and disclosed at least in ¶409) and a functional layer (shown in figure 2), teaches said vapor is water vapor, said liquid is water, said fluid stream is air (“a flow channel, an optical component, a sign or commercial graphic, a building material, an element of a refrigeration system where preventing or reducing accumulation of ice, frost or condensate is advantageous, like coil, pipe, fin, cartridge of fins or wall, or heat exchanger”, ¶26), said surface comprises condensate of said water vapor and/or liquid water, and wherein said prevention or delay of phase change comprises prevention or delay of solidification of said water condensate and/or liquid water on said surface to form frost or ice on said surface (see ¶26, wherein condensate and ice are prevented due to the surface structure of Aizenberg). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Haupt with the above limitations, as taught by Aizenberg, the motivation being to reduce the accumulation of ice, frost or condensate that may cause degradation, failure or increased ineffectiveness of a component in an extreme environment. Regarding Claim 10, although Haupt discloses the prevention of the formation of ice under atmospheric conditions that includes a phase change from a vapor, Haupt fails to explicitly disclose said at least one first phase comprises a vapor phase, wherein said second phase comprises a solid phase, and wherein said prevention or delay of phase change comprises prevention or delay of solidification of said vapor to form a solid on said surface. Aizenberg, also drawn to a treated surface having nano-structures for the purpose of preventing freezing fluids (“resist ice”, abstract and disclosed at least in ¶409) and a functional layer (shown in figure 2), teaches said at least one first phase comprises a vapor phase, wherein said second phase comprises a solid phase (“a flow channel, an optical component, a sign or commercial graphic, a building material, an element of a refrigeration system where preventing or reducing accumulation of ice, frost or condensate is advantageous, like coil, pipe, fin, cartridge of fins or wall, or heat exchanger”, ¶26), and wherein said prevention or delay of phase change comprises prevention or delay of solidification of said vapor to form a solid on said surface (see at least ¶26, wherein the delay forming ice from vapor is the intended purpose of the surface modification as taught by Aizenberg). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Haupt with the above limitations, as taught by Aizenberg, the motivation being to reduce the accumulation of ice, frost or condensate that may cause degradation, failure or increased ineffectiveness of a component in an extreme environment. Regarding Claim 11, although Haupt discloses the prevention of the formation of ice under atmospheric conditions that includes a phase change from a vapor, Haupt fails to explicitly disclose said vapor is water vapor, said solid is water frost or ice, and wherein said prevention or delay of phase change comprises prevention or delay of solidification of said water vapor to form water frost or ice on said surface. Aizenberg, also drawn to a treated surface having nano-structures for the purpose of preventing freezing fluids (“resist ice”, abstract and disclosed at least in ¶409) and a functional layer (shown in figure 2), teaches said vapor is water vapor, said solid is water frost or ice (“a flow channel, an optical component, a sign or commercial graphic, a building material, an element of a refrigeration system where preventing or reducing accumulation of ice, frost or condensate is advantageous, like coil, pipe, fin, cartridge of fins or wall, or heat exchanger”, ¶26), and wherein said prevention or delay of phase change comprises prevention or delay of solidification of said water vapor to form water frost or ice on said surface (see ¶26, wherein condensate and ice are prevented due to the surface structure of Aizenberg). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Haupt with the above limitations, as taught by Aizenberg, the motivation being to reduce the accumulation of ice, frost or condensate that may cause degradation, failure or increased ineffectiveness of a component in an extreme environment. Regarding Claim 31, Haupt fails to disclose the hydrophobic functional layer comprises a polymer comprising alkyl or fluoroalkyl monomer units. Aizenberg, also drawn to a treated surface having nano-structures for the purpose of preventing freezing fluids (“resist ice”, abstract and disclosed at least in ¶409) and a functional layer (shown in figure 2), teaches a hydrophobic functional layer comprises a polymer comprising alkyl or fluoroalkyl monomer units (“Liquid B can be selected from a number of different liquids. For example, perfluorinated hydrocarbons or organosilicone compound (e.g. silicone elastomer) and the like can be utilized. In particular, the tertiary perfluoroalkylamines (such as perfluorotri-n-pentylamine, FC-70 by 3M, perfluorotri-n-butylamine FC-40, etc), perfluoroalkylsulfides and perfluoroalkylsulfoxides, perfluoroalkylethers, perfluorocycloethers (like FC-77) and perfluoropolyethers (such as KRYTOX family of lubricants by DuPont), perfluoroalkylphosphines and perfluoroalkylphosphineoxides as well as their mixtures can be used for these applications, as well as their mixtures with perfluorocarbons and any and all members of the classes mentioned…The perfluoroalkyl group in these compounds could be linear or branched and some or all linear and branched groups can be only partially fluorinated”, ¶212 and “Liquid B may be selected to also exhibit low surface energy (e.g., less than 20 mJ/m2), such as perfluorotributylamine, perfluorotri-n-pentylamine, perfluorohexane, perfluoro(2-butyl-tetrahydrofuran), perfluorocycloether, perfluoro n-alkyl morpholines, perfluoroalkylethers, perfluorotripropylamine, and the like”,¶262). Aizenberg states, “Liquid B and/or the roughened surface can be modified to obtain the desired surface energy and/or critical surface energy” ¶239. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Haupt with the above limitations, as taught by Aizenberg, the motivation being to “obtain the desired surface energy and/or critical surface energy” and control the wettability if the roughened surface to further enhance the liquid repellant. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Haupt et al. (US PG Pub. 20160333458) in view of Lee et al. (Translation of KR20150061765A) as applied in Claims 1, 17, 28, 30 and 59 above in further view of Aizenberg et al. (US PG Pub. 20140000857) as applied in Claims 2-11 and 31 above and in further view of King (US PG Pub. 2014/0000857) hereinafter referred to as King. Regarding Claim 12, although Haupt discloses the prevention or delay of phase change comprises prevention or delay of solidification of a gas to form a frozen phase of said gas on the modified surface, Haupt fails to disclose said vapor is CO2 gas. King, also drawn to a surface for preventing phase change having nanostructures, teaches a vapor is CO2 (“Inorganic refrigerants known to the art include air, ammonia, carbon dioxide sulfur dioxide and water” ¶ [73]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Haupt with the vapor being CO2 gas, as taught by Ran, the motivation being that carbon dioxide is a known inorganic refrigerant utilized within numerous heat exchange systems due to carbon dioxide being a naturally occurring substance that is environmentally friendly when compared to other refrigerants on the market. Claim 60 is rejected under 35 U.S.C. 103 as being unpatentable over Haupt et al. (US PG Pub. 20160333458) in view of Lee et al. (Translation of KR20150061765A) as applied in Claims 1, 17, 28, 30 and 59 above in further view of Brockway (WO2017031391A1), hereinafter referred to as Brockway. Regarding Claim 60, although a modified Haupt teaches the nanostructured surface modification is prepared in a process that comprising contacting surfaces of the fins (as taught by Lee in the rejection of Claim 1) with a solution that comprises a Group II metal oxide (“The invention concerns a two- or three-dimensional body having an anti-ice coating comprising at least one rare earth metal oxide”, abstract) and heating the substrate at a temperature from about 100°C to about 600°C (shown in Table IV, wherein the substrate is heated during the fabrication process at temperatures including 100°C, 300°C, 400°C, 500°C). Haupt fails to disclose the solution a Group II or transition metal salt and an amine and heating the substrate at a temperature from about 100 °C to about 600 °C. Brockway, also drawn to a hydrophobic coating (see ¶62) on a metal substrate, teaches a Group II or transition metal salt (see ¶ [57]) and an amine (“hexamine”, ¶ 62]), thereby depositing a nanostructured metal oxide coating on a substrate (shown in figure 4), and heating the substrate at a temperature from about 100 °C to about 600 °C (“then rinsed with deionized water and heated to 120° C. on a hot plate for one hour”, ¶ [81]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Haupt with the above limitations, as taught by Brockway, the motivation being to create a uniform liquid repellant coating that can easily be applied onto the substrates, prevents the corrosion of the substrate both in acidic and basic conditions, is robust, results in superior abrasion and thermal resistance, and tunable for various applications by simply changing the chemical bath temperature and reactant concentration. Response to Arguments Applicant’s arguments with respect to claim(s) 1 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL ALVARE whose telephone number is (571)272-8611. The examiner can normally be reached Monday-Friday 0930-1800. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at (571) 272-1184. 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. /PAUL ALVARE/Primary Examiner, Art Unit 3763
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Prosecution Timeline

Jul 17, 2023
Application Filed
Nov 16, 2024
Non-Final Rejection — §103
May 21, 2025
Response Filed
Jun 13, 2025
Final Rejection — §103
Dec 17, 2025
Request for Continued Examination
Jan 05, 2026
Response after Non-Final Action
Jan 09, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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3-4
Expected OA Rounds
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96%
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3y 2m
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