DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/11/2026 has been entered.
Response to Amendment
In response to the amendment received on 05/11/2026:
claims 1-9 and 11-22 are currently pending
claims 13-22 are withdrawn from further consideration
claim 1 is amended
new prior art grounds of rejection applying Zhang, Aydin’07, Phelan and Zamarin are presented herein
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 text of those sections of Title 35 U.S. Code not included in this action can be found in a prior Office Action.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (CN 108529634 A) with reference to the provided machine translation, hereinafter referred to as ZHANG.
Regarding claim 1, ZHANG teaches a composition comprising
2 to 15 wt% of a polymerized C10-30alkanetriC1-5alkoxysilane (paragraphs [6]: In the aqueous phase system, a trifunctional organosilane and a difunctional organosilane are used as a co-precursor, and a nanoparticle is used as a functionalization factor to obtain a uniform organosilica sol; octadecyltrimethoxy silane; the mass percentage of the trifunctional organosilane in the reaction system is from 10% to 90%);
0.3 to 1.5 wt% of a surfactant, wherein the surfactant is sodium dodecyl sulfate (paragraph [11]: sodium lauryl sulfate; the concentration of the surfactant in the reaction system is 0.1 to 20 mM), thus, ZHANG teaches 0.003-0.6% of a surfactant;
0.04 to 0.40 wt% of an organic acid catalyst (paragraph [10]: the catalyst is at least one of citric acid; the concentration of the acid in the reaction system is 1-20 mM); thus, ZHANG teaches 0.02-0.4% of citric acid;
optionally 0.5 to 10 wt% of an organic component selected from the group consisting of silica dioxide gel, pyrogenic silica, crystalline silica, titanium dioxide, nanographite, nanographene and water glass (paragraph [9]: the nanoparticles are at least one of graphene oxide, carbon nanotubes, silicon dioxide; the mass percentage of the nanoparticles in the reaction system is 0.05% to 4%), and
water to make 100 wt%, wherein weight percentages are percentages of the total weight of the composition and wherein the water is the only solvent (paragraph [6]: the aqueous phase system), and further wherein the composition, when applied to a surface, provides a water contact angle of greater than 150 degrees (paragraph [17]: the silicone
elastomeric aerogel sample has a water contact angle of >150°, indicating that the material has excellent superhydrophobicity).
ZHANG teaches ranges which overlap and render obvious the claimed ranges. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim. See MPEP §2144.05(I).
Claims 1-9 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Aydin et al. (US 20160024707 A1), hereinafter referred to as AYDIN’07, in view of Phelan et al. (WO 2019115205 A1), hereinafter referred to as PHELAN, and Zamarin et al. (WO 2021081198 A1), hereinafter referred to as ZAMARIN.
Regarding claim 1, AYDIN’07 teaches a composition comprising
2 to 15 wt% of a polymerized C10-30alkanetriC1-5alkoxysilane (see AYDIN’07 at paragraphs [0028]: alkylalkoxysilane in said emulsified liquid composition is added in a concentration of 2-10 w/w % in relation to the total amount of emulsified solution; and [0035]: the alkylalkoxysilane is selected from n-, iso or mixtures thereof of hexadecyltrimethoxysilane and/or octadecyltrimethoxy silanes). It is noted that AYDIN’07 discloses a method of obtaining the emulsified composition comprising the steps of mixing emulsifier, hydrophobizing agent and “water a”; the mixture was homogenizing the mixture and adding the specified w/w % amount of acid catalyst to the above prepared mixture of hydrophobizing agent (see AYDIN’07 at paragraph [0189]). The method disclosed by AYDIN’07 is substantially identical to the process for the manufacturing of the composition disclosed by the Applicant (see Specification, p. 8), thus, one of ordinary skill in the art would have anticipated the composition of AYDIN’07 to comprise the polymerized alkylalkoxysilane,
0.3 to 1.5 wt% of a surfactant (see AYDIN’07 at paragraphs [0030]: emulsifier or a combination of said emulsifiers in said emulsified liquid composition is at concentration of <2 w/w % or between 0.9-1.1 w/w % in relation to the total amount of emulsified solution; and [0094]: the emulsifier is a surfactant that has an HLB value 1-41);
0.04 to 0.40 wt% of an organic acid catalyst (see AYDIN’07 at paragraphs [0029]: acid catalyst in said emulsified liquid composition is at a concentration of 0.01-7 w/w % in relation to the total amount of emulsified solution; and [0092]: the acid is selected from an organic acid),
water to make 100 wt%, wherein weight percentages are percentages of the total weight of the composition and wherein the water is the only solvent (see AYDIN’07 at paragraph [0097]: water is present in the emulsified liquid composition as a solvent, for example in amounts of 80-97 w/w %).
AYDIN’07 teaches ranges which overlap and render obvious the claimed ranges. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim. See MPEP §2144.05(I).
Please note, that the statement “optionally 0.5 to 10 wt% of an organic component…” is not positively required by the claim and thus, is not considered as further structurally limiting a composition.
However, while AYDIN’07 fails to explicitly teach 0.5 to 10 wt% of an organic component selected from the group consisting of silica dioxide gel, pyrogenic silica, crystalline silica, titanium dioxide, nanographite, nanographene and water glass, ZAMARIN discloses stably dispersed waterborne superhydrophobic compositions comprising colloidal silica or hydrophobically-modified silicon dioxide (i.e., silica) and one or more additional agents and/or compounds (see ZAMARIN at Abstract). ZAMARIN also discloses that the compositions are optimized for application to a range of fabric and/or textile based products used in a range of settings and applications, such as, building materials and industrial products (e.g., sun screens, awnings, coverings, tarps, etc.), uniforms (e.g., service industries, military, law enforcement, first responders, etc.), consumer products (e.g., clothes, blankets, tents, tarps, bulk fabrics and textiles, etc.) and shoes and articles of clothing, among other items and products (see ZAMARIN at paragraph 4, p. 4). ZAMARIN teaches that the superhydrophobic coatings of the present invention comprise hydrophobically treated or untreated fumed silica or colloidal silica particles and alkoxysilane compounds functionalized with alkyl groups, and that it is contemplated, silica particles and functionalized alkoxysilane compounds, as part of the superhydrophobic coating system, being operative components for providing the desired level of hydrophobicity (see ZAMARIN at paragraph 3, p. 11). ZAMARIN also teaches the use of the hydrophobized silica (e.g., fumed and/or colloidal), and that fumed silica, also known as pyrogenic silica (see ZAMARIN at paragraphs 4-5, p. 11). Additionally, ZAMARIN teaches that the disclosed formulations generally comprise hydrophobic silicas from about 0.001 wt % to about 3.0 wt % (see ZAMARIN at paragraph 1, p. 12). Similarly to AYDIN’07, ZAMARIN teaches that the disclosed compositions and formulations generally comprise one or more binding agents from about 0.01 wt % to about 30.0 wt %, and more preferably from 1.0 wt % to about 5.0 wt %; and that binding agents include aqueous emulsions of an alkylalkoxysilane (see ZAMARIN at paragraphs 4-5, p. 12).
One of ordinary skill in the art would have recognized the potential benefit of improving the emulsified liquid composition forming water-repellent coating of AYDIN’07 by adding from about 0.001 wt % to about 3.0 wt % of the hydrophobically treated or untreated fumed silica or colloidal silica as disclosed by ZAMARIN since ZAMARIN explicitly teaches that, as part of the superhydrophobic coating system, silica particles is operative components for providing the desired level of hydrophobicity (see ZAMARIN at paragraph 3, p. 11).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the emulsified liquid composition forming water-repellent coating of AYDIN’07 by adding from about 0.001 wt % to about 3.0 wt % of the fumed silica to reap the benefits of including the fumed silica particles into the composition as disclosed by ZAMARIN such as providing the desired level of hydrophobicity.
While AYDIN teaches that the emulsifier is a surfactant that has an HLB value 1-41, selected from aliphatic sulfonic acids having at least 6 carbon atoms in the aliphatic substituents and alkali metal and ammonium salts of the acids mentioned (see AYDIN at paragraph [0094]), but AYDIN’07 is silent with respect to surfactant being sodium dodecyl sulfate.
However, PHELAN discloses an aqueous silane emulsions based on specific hydrolysable silanes anionic and non-ionic surfactants (see PHELAN at Abstract), which forms superhydrophobic coatings for the treatment of textiles (see PHELAN at paragraph 1, p. 1). PHELAN teaches an aqueous silane emulsion comprising at least one hydrolysable silane having the general formula (I): R1-Si-(OR2)3, wherein R1 is an C2-C12 and R2 is selected from C1-C8; at least one anionic surfactant, preferably having an HLBd value of 1 to 40, and at least one acid (see PHELAN at paragraph 1, p. 3). PHELAN also teaches that said at least one anionic surfactant comprises a sulfate group, more preferably is selected from alkali metal alkyl sulfates having alkyl groups of 8 to 30; and in a further preferred embodiment, the at least one anionic surfactant more preferably consists of sodium lauryl sulfate (see PHELAN at paragraph 1, p. 6). Additionally, PHELAN teaches that it has been surprisingly found that emulsions comprising disclosed hydrolizable silane compound show best stability with anionic surfactants having an HLBd values of at least 13 (see PHELAN at paragraph 4, p. 5). Similarly to AYDIN’07, PHELAN teaches that preferably the at least one acid is an organic acid (see PHELAN at paragraph 6, p. 6).
One of ordinary skill in the art would have anticipated success when using an emulsifier/surfactant disclosed by PHELAN in the composition of AYDIN’07 based on the teachings of AYDIN’07 describing that the emulsifier is a surfactant that has an HLB value 1-41, selected from aliphatic sulfonic acids having at least 6 carbon atoms in the aliphatic substituents and alkali metal and ammonium salts of the acids mentioned (see AYDIN’07 at paragraph [0094]). Moreover, one of ordinary skill in the art would have been motivated to modify the composition of AYDIN’07 by using surfactant such as sodium dodecyl sulfate as disclosed by PHELAN since PHELAN explicitly teaches that the aqueous silane emulsion comprises at least one anionic surfactant, preferably having an HLBd value of 1 to 40, most preferably which comprises or is sodium lauryl sulfate, and that it has been surprisingly found that emulsions comprising disclosed hydrolizable silane compound show best stability with anionic surfactants having an HLBd values of at least 13 (see PHELAN at paragraph 1, p. 3 and paragraph 4, p. 5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the composition of AYDIN’07 by using sodium dodecyl sulfate disclosed by PHELAN in order to obtain stable composition.
It is noted that both AYDIN’07 and PHELAN disclose aqueous silane emulsions comprising the same constituents. Additionally, PHELAN teaches that when applied to textiles, the emulsion forms a superhydrophobic coating (see PHELAN at paragraph 1, p. 1). While PHELAN is silent with respect to the water contact angle, it is known in the art that the “superhydrophobic” indicates a surface that produces a contact angle of more than 150° with a droplet of water, as evidenced from the disclosure of ZAMARIN describing that the term "superhydrophobic" is defined as a surface (i.e., coated with the instant superhydrophobic compositions and formulations) that produces a contact angle of more than 150° with a droplet of water (see ZAMARIN at lines 17-19, p. 7).
Moreover, AYDIN’07 as modified by PHELAN teaches a composition comprising the constituents as set forth in claim 1, in amounts that overlap with the claimed amounts. AYDIN also discloses that the disclosed composition provides excellent hydrophobicity (see AYDIN at paragraph [0100]). Thus, one of ordinary skill in the art would have anticipated the water-repellent composition of AYDIN’07 as modified by PHELAN to have the same properties as set forth in claim 1, such as when applied to a surface, providing a water contact angle of greater than 150 degrees. See MPEP §2112.01(I): “where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best”.
Regarding claim 2, AYDIN’07 as modified by PHELAN and ZAMARIN teaches the composition according to claim 1, comprising:
4 to 9 wt% of a polymerized C10-30alkanetriC1-5alkoxysilane (see AYDIN’07 at paragraphs [0028]: alkylalkoxysilane in said emulsified liquid composition is added in a concentration of 2-10 w/w % in relation to the total amount of emulsified solution; and [0035]: the alkylalkoxysilane is selected from n-, iso or mixtures thereof of hexadecyltrimethoxysilane and/or octadecyltrimethoxy silanes),
0.6 to 0.9 wt% of a surfactant (see AYDIN’07 at paragraphs [0030]: emulsifier or a combination of said emulsifiers in said emulsified liquid composition is at concentration of <2 w/w % or between 0.9-1.1 w/w % in relation to the total amount of emulsified solution),
0.04 to 0.20 wt% of an organic acid catalyst (see AYDIN’07 at paragraphs [0029]: acid catalyst in said emulsified liquid composition is at a concentration of 0.01-7 w/w % in relation to the total amount of emulsified solution; and [0092]: the acid is selected from an organic acid),
0.5 to 10 wt% of an organic component selected from the group consisting of silica dioxide gel, pyrogenic silica (see rejection of claim 1 above spanning paragraphs on pages 6-8 and ZAMARIN at paragraphs 4-5, p. 11: fumed silica; and paragraph 1, p. 12: from about 0.001 wt % to about 3.0 wt %), crystalline silica, titanium dioxide, nanographite, nanographene and water glass, and
up to 100 wt% water, wherein weight percentages are percentages of the total weight of the composition (see AYDIN’07 at paragraph [0097]: water is present in the emulsified liquid composition as a solvent, for example in amounts of 80-97 w/w %).
AYDIN’07 teaches ranges which overlap and render obvious the claimed ranges.
Regarding claim 3, AYDIN as modified by PHELAN and ZAMARIN teaches the composition according to claim 1, comprising:
4 to 5 wt% of a polymerized C10-30alkanetriC1-5alkoxysilane (see AYDIN’07 at paragraphs [0028]: alkylalkoxysilane in said emulsified liquid composition is added in a concentration of 2-10 w/w % in relation to the total amount of emulsified solution; and [0035]: the alkylalkoxysilane is selected from n-, iso or mixtures thereof of hexadecyltrimethoxysilane and/or octadecyltrimethoxy silanes),
0.6 to 0.9 wt% of a surfactant (see AYDIN’07 at paragraphs [0030]: emulsifier or a combination of said emulsifiers in said emulsified liquid composition is at concentration of <2 w/w % in relation to the total amount of emulsified solution),
0.04 to 0.08 wt% of an organic acid catalyst (see AYDIN’07 at paragraphs [0029]: acid catalyst in said emulsified liquid composition is at a concentration of 0.01-7 w/w % in relation to the total amount of emulsified solution; and [0092]: the acid is selected from an organic acid),
0.5 to 10 wt% of an organic component selected from the group consisting of silica dioxide gel, pyrogenic silica (see rejection of claim 1 above spanning paragraphs on pages 6-8 and ZAMARIN at paragraphs 4-5, p. 11: fumed silica; and paragraph 1, p. 12: from about 0.001 wt % to about 3.0 wt %), crystalline silica, titanium dioxide, nanographite, nanographene and water glass, and
up to 100 wt% water, wherein weight percentages are percentages of the total weight of the composition (see AYDIN’07 at paragraph [0097]: water is present in the emulsified liquid composition as a solvent, for example in amounts of 80-97 w/w %).
AYDIN teaches ranges which overlap and render obvious the claimed ranges.
Regarding claim 4, AYDIN as modified by PHELAN and ZAMARIN teaches the composition according to claim 1, comprising:
5 to 13 wt% of a polymerized C10-30alkanetriC1-5alkoxysilane (see AYDIN’07 at paragraphs [0028]: alkylalkoxysilane in said emulsified liquid composition is added in a concentration of 2-10 w/w % in relation to the total amount of emulsified solution; and [0035]: the alkylalkoxysilane is selected from n-, iso or mixtures thereof of hexadecyltrimethoxysilane and/or octadecyltrimethoxy silanes),
0.4 to 1.1 wt% of a surfactant (see AYDIN’07 at paragraphs [0030]: emulsifier or a combination of said emulsifiers in said emulsified liquid composition is at concentration of <2 w/w % or between 0.9-1.1 w/w % in relation to the total amount of emulsified solution),
0.05 to 0.30 wt% of an organic acid catalyst (see AYDIN’07 at paragraphs [0029]: acid catalyst in said emulsified liquid composition is at a concentration of 0.01-7 w/w % in relation to the total amount of emulsified solution; and [0092]: the acid is selected from an organic acid), and
up to 100 wt% water, wherein weight percentages are percentages of the total weight of the composition (see AYDIN’07 at paragraph [0097]: water is present in the emulsified liquid composition as a solvent, for example in amounts of 80-97 w/w %).
AYDIN teaches ranges which overlap and render obvious the claimed ranges.
Regarding claim 5, AYDIN’07 as modified by PHELAN and ZAMARIN teaches the composition according to claim 1, wherein the polymerized silane is polymerized C14-20alkanetrimethoxyalkoxysilane (see AYDIN’07 at paragraph [0035]: the alkylalkoxysilane is selected from n-, iso or mixtures thereof of hexadecyltrimethoxysilane and/or octadecyltrimethoxy silanes).
Regarding claim 6, AYDIN’07 as modified by PHELAN and ZAMARIN teaches the composition according to claim 1, wherein the polymerized silane is hexadecyltrimethoxysilane or octadecyltrimethoxysilane (see AYDIN’07 at paragraph [0035]: the alkylalkoxysilane is selected from n-, iso or mixtures thereof of hexadecyltrimethoxysilane and/or octadecyltrimethoxy silanes).
Regarding claims 7-8, AYDIN’07 as modified by PHELAN and ZAMARIN teaches the composition according to claim 1, wherein the organic acid catalyst is selected from the group consisting of: tartaric acid, citric caid and oxalic acid (claim 7) and citric acid (claim 8) (see AYDIN’07 at paragraph [0092]: maleic acid, glyoxylic acid, citric acid, formic acid, pyruvic acid, tartaric acid, phtalic acid, acetylsalicylic acid, salicylic acid, lactic acid, dihydroxy fumaric acid).
Regarding claim 9, AYDIN’07 as modified by PHELAN and ZAMARIN teaches the composition according to claim 1, wherein the organic acid catalyst is selected from the group consisting of: fumaric acid, maleic acid and lactic acid (see AYDIN’07 at paragraph [0092]: maleic acid, glyoxylic acid, citric acid, formic acid, pyruvic acid, tartaric acid, phtalic acid, acetylsalicylic acid, salicylic acid, lactic acid, dihydroxy fumaric acid).
Regrading claim 11, AYDIN’07 as modified by PHELAN and ZAMARIN teaches the composition according to claim 1, wherein the inorganic component is selected from the group consisting of: silica dioxide gel, pyrogenic silica, titanium dioxide, nanographite, nanographene and water glass (see rejection of claim 1 above spanning paragraphs on pages 5-7 and ZAMARIN at paragraphs 4-5, p. 11: fumed silica/pyrogenic silica).
Regarding claim 12, AYDIN as modified by PHELAN and ZAMARIN teaches the composition according to claim 1, wherein the inorganic component is selected from the group consisting of: silica dioxide gel, pyrogenic silica (see rejection of claim 1 above spanning paragraphs on pages 5-7 and ZAMARIN at paragraphs 4-5, p. 11: fumed silica/pyrogenic silica).
Response to Arguments
Applicant’s arguments with respect to claims 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 ANASTASIA KUVAYSKAYA whose telephone number is (703)756-5437. The examiner can normally be reached Monday-Thursday 7:00am-5:00pm.
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, Amber Orlando can be reached at 571-270-3149. 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.
/ANASTASIA A. KUVAYSKAYA/Examiner, Art Unit 1731
Prosecution Insights