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 .
Detailed Action
Restriction/Election
Applicant's election with traverse of Group II, claims 44 and 46-47 in the reply filed on 12/18/25 is acknowledged. The traversal is on the ground(s) that the reference teaches antibacterial properties whereas the preparation of the formulation is for antiviral properties. This is not found persuasive because the property of the components used would be implicit to the claims directed to the preparation of the formulation. Since the claimed components used during the process are taught by the reference, property of the formulation being antiviral would be implicit as property cannot be separated from the chemistry of the composition/formulation.
The requirement is still deemed proper and is therefore made FINAL.
Claims 29-43 and 48-56 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 12/18/25.
Claim Rejections - 35 USC § 112, (indefiniteness)
The following is a quotation of 35 U.S.C. 112(b):
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 44 and 46-47 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 pre-AIA the applicant regards as the invention. Claim 44 recites the limitation “inferior” which is a relative term and makes the claim indefinite. The term “inferior” in claim 44 is a relative term which renders the claim indefinite. The term “inferior” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Claims 46-47 recite the phrase “the bonding matrix material” for which there is no antecedent basis because claim 44 recites “a water-based resin”. Claim 47 recites the term “functionalized nanosilica” which makes the claim indefinite because is not clear what group is used to functionalize nanosilica and therefore, the metes and bounds of the term “functionalized” is not defined in the claims. Appropriate correction is requested.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 44 and 46-47 are rejected under 35 U.S.C. 103 as being unpatentable over Tan et al. (CN 109258685A, presented in IDS) in view of Xu et al. (CN107686713A, presented in IDS) and further in view of Castano et al. (US PG Pub. 2022/0030874A1).
Tan et al. discloses (see paragraphs [0005], [0006], [0018] and examples 1-5) an antibacterial formulation comprising metallic copper nanoparticles in an unoxidized form (following a reduction step) and having an average particle diameter of 10 to 60 nm (paragraph [0018]), graphene oxide, and a bonding matrix material (grafting polyquaternary ammonium salt). Although the reference uses the term "antibacterial" and although said desired property is not limiting, it is nevertheless assumed that the disclosed formulation exhibits antiviral properties as well as the property cannot be separated from the chemistry of the compound; wherein the claims are drawn to a method of preparing a formulation.
Tan et al. teaches that first, prepare a suspension of polyquaternary ammonium salt-grafted graphene oxide and adjust the pH value to above 6.0; then add Cu(NO3)2·3H2O, and then sonicate the mixture for 0.5 to 0.7 h. While stirring, add hydrazine hydrate solution and reduce the reaction at 25 to 35 °C for 1.0 to 3.0 h. Finally, filter the product through a membrane and wash it to obtain a nano-copper/polyquaternary ammonium salt-grafted graphene oxide composite antibacterial agent, see [0014] of the translation. Since the reference teaches adjustment of pH to above 6, it is implicit that alkaline conditions were used during the process.
Tan et al. teaches that the nano-copper/polyquaternary ammonium salt grafted graphene oxide composite antibacterial agent is formulated into a suspension spray with water and sprayed onto the surface of materials and products such as plastics, ceramics, metals, rubber, glass, and wood to form a long-lasting antimicrobial coating. This is applicable to fields such as home appliances, transportation, kitchen and bathroom appliances, communications, medical devices, and daily necessities, see [0022].
While Tan et al. teach use of bonding matrix material, Tan et al. does not teach use of bonding material as claimed such as polyester resin, polyurethane resin or acrylic resin as claimed.
Tan et al. also do not teach use of functionalized silane.
Xu et al. teaches preparing a dispersion of copper nanoparticles and pretreated graphene oxide, and mixing said dispersion with a bonding matrix material (formed by the polyamine curing agent, the epoxy resin and the silane coupling agent) so as to obtain a formulation comprising copper nanoparticles, graphene oxide and a bonding matrix material (see examples 1 and 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized epoxy resin along with silane coupling agent (a functionalized nanosilica) for making copper nanoparticles as taught by Xu et al. One of ordinary skill would have been motivated to do so because Tan et al. teaches formation of copper nanoparticles with graphene oxide and use a bonding matrix material and Xu et al. while teaching preparation of copper nanoparticles by using graphene oxide by using specific bonding material, epoxy resin. Generally, it is prima facie obvious to select a known material for incorporation into a composition, based on its recognized suitability for its intended use. See MPEP 2144.07.
Tan as modified by Xu does not teach use of the specific bonding material water-based acrylic resin.
Castano teaches wide spectrum of microbicidal nanoproducts and preparations thereof for disinfection purposes wherein the nanoproduct comprises a vehicle comprising a polymeric resin that is a water-based acrylic resin, see [0014], [0020] and claim 4.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized water-based acrylic resin as a vehicle in place of epoxy resin and use it as a bonding material motivated by the teachings of Castano et al. disclosing preparation of microbicidal nanoproducts wherein use of water-based acrylic resin was disclosed along with ethers and esters.
Claims 44 and 46-47 are rejected under 35 U.S.C. 103 as being unpatentable over et al. Zhao et al. (CN 108378440 A, presented in IDS) in view of Xu et al. (CN107686713A, presented in IDS) and further in view of Castano et al. (US PG Pub. 2022/0030874A1).
Zhao et al. discloses an antibacterial face mask (fig.1) comprising a woven fabric layer coated with a formulation comprising metallic copper-silver nanoparticles, graphene oxide, and a bonding liquid. The presence of metallic copper cannot be excluded in ‘440 (note the use of ammonia in the preparation procedure, and also the fact that the copper is referred to as "metallic" and not as oxide). Moreover, although the size of the copper-silver nanoparticles is not explicitly indicated, the requirement of having a median particle diameter inferior or equal to 200 nm, as claimed, is considered to be met by ‘440, since nanoparticles by definition have a diameter in the range from 1 nm to 100 nm.
Zhao et al. teaches preparation of graphene oxide-copper-silver nanocomposite: Weigh the graphene oxide prepared in step (1), add deionized water, sonicate for 30 min to obtain a uniform graphene oxide-water dispersion, add equal volumes of silver nitrate solution, copper nitrate solution, glucose solution and ammonia solution (alkaline solution) in the dark, stir vigorously for 2 h, filter, wash repeatedly with deionized water to obtain graphene oxide-copper-silver nanocomposite, see [0013].
While Zhao et al. teaches use of bonding agent, Zhao et al. does not teach use of the claimed bonding material as claimed such as polyester resin, polyurethane resin or acrylic resin as claimed.
Zhao et al. also do not teach use of functionalized silane.
Xu et al. teaches preparing a dispersion of copper nanoparticles and pretreated graphene oxide, and mixing said dispersion with a bonding matrix material (formed by the polyamine curing agent, the epoxy resin and the silane coupling agent) so as to obtain a formulation comprising copper nanoparticles, graphene oxide and a bonding matrix material (see examples 1 and 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized epoxy resin along with silane coupling agent (a functionalized nanosilica) for making copper nanoparticles as taught by Xu et al. One of ordinary skill would have been motivated to do so because Zhao et al. teaches preparation of graphene oxide-copper-silver nanocomposite while using bonding liquid and Xu et al. while teaching preparation of copper nanoparticles by using graphene oxide by using specific bonding material, epoxy resin. Generally, it is prima facie obvious to select a known material for incorporation into a composition, based on its recognized suitability for its intended use. See MPEP 2144.07.
Zhao as modified by Xu does not teach use of the specific bonding material water-based acrylic resin.
Castano teaches wide spectrum of microbicidal nanoproducts and preparations thereof for disinfection purposes wherein the nanoproduct comprises a vehicle comprising a polymeric resin that is a water-based acrylic resin, see [0014], [0020] and claim 4.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized water-based acrylic resin as a vehicle in place of epoxy resin and use it as a bonding material motivated by the teachings of Castano et al. disclosing preparation of microbicidal nanoproducts wherein use of water-based acrylic resin was disclosed along with ethers and esters.
Correspondence
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/SNIGDHA MAEWALL/Primary Examiner, Art Unit 1612
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