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 .
Claim Rejections - 35 USC § 112
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.
Claims 22 and 24 – 27 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.
Claims 22 and 25 – 27 recite the limitation "the functionalized surface". There is insufficient antecedent basis for this limitation in the claims.
Claim 24 similarly recites the limitation "the functionalized layer". There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 1 – 13, 21, and 23 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
In regard to independent claim 1, Saito (KR 10-2022-0039284) is considered to represent the closest prior art. The examiner agrees with applicant’s arguments (see pages 6 – 7 of the reply filed April 6, 2026) that Saito fails to teach or suggest the step of contacting the liquid comprises a het of the liquid contacting the surface at a velocity of at least 10 m/s.
Claims 2 – 4, 6 – 13, 21, and 23 depend from claim 1 and are allowed for at least the same reason as claim 1.
In regard to independent claim 5, Saito is similarly considered to represent the closest prior art. The examiner agrees with applicant’s arguments (see pages 7 – 8 of the reply filed April 6, 2026) that it is not inherent that the anodized surface in Saito has cracks or microscale pathways, nor is there any suggestion in Saito to form the surface with cracks or microscale pathways.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Clemente whose telephone number is (571)272-1476. The examiner can normally be reached M-F 9-5.
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, Benjamin Lebron can be reached at 571-272-0475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT CLEMENTE/Primary Examiner, Art Unit 1773
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