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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant’s election without traverse of Group I claims 1-4 in the reply filed on 7 July 2026 is acknowledged.
Claims 5-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7 July 2026.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Birlem et al (WO 20108/162681 A1 with citations drawn towards the translation provided via Espacenet).
As to claim 1, Birlem disclose a method for galvanically growing a plurality of nanowires onto a substrate ([0122]), comprising
a) placing a foil (Fig. 1 #5 [0122]) onto the surface (Fig. 1 surface of #4), the foil having a plurality of passing-through pores, in which the nanowires can be grown from an electrolyte (#s 8 [0122]),
b) placing an elastic element that is permeable to the electrolyte onto the foil, the electrolyte being brought into contact with the foil by way of the elastic element (#10 [0122] “sponge”),
c) for a first growing time period, galvanically growing the plurality of nanowires ([0016], step c [0058]),
d) removing the elastic element and e) for a second growing time period, continuing the galvanic growing of the plurality of nanowires. ([0058] “In another preferred embodiment of the method, the means for providing the electrolyte is pressed against the film at least temporarily. Preferably, the application of the electrolyte delivery agent to the film takes place during step c). This can be done in particular during the entire step c), but preferably only in an initial phase of nanowire growth….In particular, it is preferred that the means for providing the electrolyte is pressed against the film with a time-varying pressure or is lifted off the film after an initial growth phase, thus preventing optional sealing of individual pores.” This Passage discloses lifting the elastic element after an initial growing phase thus inherently has a first growing time period while applying the elastic element and a second growing time period after the initial growth phase”).
As to claim 2, Birlem discloses wherein a transferred charge is determined from an electrical current used for galvanically growing the nanowires in step c), and wherein step c) is ended when the transferred charge has reached a predetermined limit value. ([0033] where the predetermined limit value is an inherent property of the deposition since there is necessarily a current being provided and time deposition is carried out. The claim lacks any particular method or calculations as to how the limit value is determined, this amounts to a mathematical manipulation of the parameters of deposition).
As to claim 3, Birlem discloses wherein the elastic element is pressed onto the foil in step c). ([0058]).
As to claim 4, Birlem further discloses wherein the elastic element is lifted off from the foil by means of a gripper in step d). ([0058] “The movement can be, for example, rotational, horizontal and/or vertical. In particular, it is preferred that the means for providing the electrolyte is pressed against the film with a time-varying pressure or is lifted off the film after an initial growth phase, thus preventing optional sealing of individual pores.” Thus necessarily has a structure which removes the elastic element and thus deemed to grip it any discernable manner .Particularly #9 adjusts the pressure of the force to be adjusted to the elastic element ([0122], [0060]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOUIS J RUFO whose telephone number is (571)270-7716. The examiner can normally be reached Monday to Friday, 9 am to 5 pm.
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/LOUIS J RUFO/ Primary Examiner, Art Unit 1795
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