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 .
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 1-14 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.
The generally accepted abbreviation for Polyethylene Terephthalate is - - (PET)- -, not “(PETE)”.
Also the claims should make it clear that the polyethylene terephthalate substrate is flexible.
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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 1-7 and 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over Dong et al. “Hybrid organic-inorganic photon powered actuators based upon aligned diarylethene nanocrystals” Chem. Mater., Vol. 31 pp 101601022 (01/2019), in view of Millipore sigma, “Whatman lumina Anodisc filter discs 0.2 microns pore size” (downloaded 2025), Golovanova et al. “AFM characterization of track etched membranes pores parameters distribution and disorder factor”, Applied Sciences Vol. 12 pp 1334 (10 pages) (01/2022), Dubtsov et al., “Electrically switchable polymer membranes with photo-aligned nematic structures for photonic applications”, Optical materials Vol. 109 Articles 110296 (11 pages) (08/2020), Saito et al. “Polymer composites containing photochromic dye solution”, Proc. SPIE Vol. 7722 article 772221 (9 pages) (2010), Kim et al. “Approaches to deformable physical sensors: electronic versus iontronic”, Mater. Sci. Eng. R, Vol. 146 article 100640 (07/2021), Millipore sigma, “Polycarbonate membrane filter, 8.0 micron pre size” (downloaded 11/20225) and Oxyphen filtration group, “Oxyphen track-etched membranes” ( © 2020).
Dong et al. “Hybrid organic-inorganic photon powered actuators based upon aligned diarylethene nanocrystals” Chem. Mater., Vol. 31 pp 101601022 (01/2019) describes prior work where embedded organic nanocrystals in polymer matrices was used to make composite photomechanical materials but suffered because of the random sizes and orientations of the molecular crystals (page 1016/right column). The formation of ordered/monodisperse arrays of photomechanical organic nanocrystals to more effectively harness the collective motion of the crystals is desired. The use of 1,2-bis(2-methyl-5-phenyl-3-thienyl)perfluorocyclopentane as the microcrystal which is impregnated into porous anodic aluminum oxide filter substrate (anodisc). can reversibly expand and bend (page 1017). Figure 5 illustrates the exposure process.
PNG
media_image1.png
433
335
media_image1.png
Greyscale
PNG
media_image2.png
520
378
media_image2.png
Greyscale
Millipore sigma, “Whatman lumina Anodisc filter discs 0.2 microns pore size” (downloaded 2025) establishes that the Anopore inorganic membrane (Anodisc) is well suited for a wide range of laboratory filtration applications. This novel material has a precise, nondeformable honeycomb pore structure with no lateral crossovers between individual pores.
Golovanova et al. “AFM characterization of track etched membranes pores parameters distribution and disorder factor”, Applied Sciences Vol. 12 pp 1334 (10 pages) (01/2022) describes the track etching of membranes of polyethylene terephthalate and polycarbonate (page 1). The variety of inclination angles is described with respect to figures 2h.
PNG
media_image3.png
343
807
media_image3.png
Greyscale
The characterization of pore sin track etched polypropylene (PP), polycarbonate (PC) and polyethylene terephthalate (PETP) are described on page 8.
Dubtsov et al., “Electrically switchable polymer membranes with photo-aligned nematic structures for photonic applications”, Optical materials Vol. 109 Articles 110296 (11 pages) (08/2020) teaches 23 micron thick porous polyethylene terephthalate (PET) (track membrane with 5 micron pores arranged randomly and oriented perpendicular/normal to the surface. The porous PET substrates were treated with chromolan and azo dye SD1 to facilitate photoalignment. After photoalignment they were filled with 4-n-pentyl-4-cyanobiphenyl (Liquid crystal). The optical and electrical properties were characterized (section 2, page 2).
Saito et al. “Polymer composites containing photochromic dye solution”, Proc. SPIE Vol. 7722 article 772221 (9 pages) (2010) describes a porous polycarbonate membrane (isopore) with pore sizes of 50-400 nm, filled with cis-1,2-dicyano-1,2-bis(2,4,5-trimethyl-3-thienyl)ethane dissolved in toluene to fill the pores by capillary action (pages 1 & 4). The cell is shown in figure 4.
PNG
media_image4.png
199
601
media_image4.png
Greyscale
Kim et al. “Approaches to deformable physical sensors: electronic versus iontronic”, Mater. Sci. Eng. R, Vol. 146 article 100640 (07/2021) describes various physical sensors. Figure 28 and the associated text describes the control of the pore opening sizes of a track etches polycarbonate membrane by a azo//polymer coating.. This demonstrated the possibility of a deformable light-responsive sensor (page 26, right column)
Millipore sigma, “Polycarbonate membrane filter, 8.0 micron pre size” (downloaded 11/20225) states The Isopore membrane is a polycarbonate, track-etched screen filter recommended for all analyses in which the sample is viewed on the surface of the membrane (general description)
Oxyphen filtration group, “Oxyphen track-etched membranes” ( © 2020) teaches commercially available membranes.
PNG
media_image5.png
194
357
media_image5.png
Greyscale
PNG
media_image6.png
245
351
media_image6.png
Greyscale
Dong et al. “Hybrid organic-inorganic photon powered actuators based upon aligned diarylethene nanocrystals” Che. Mater., Vol. 31 pp 101601022 (01/2019) teaches aligned diarylethene crystals filling the pores of a porous structure to form a photomechanical device., but the porous structure is not polyethylene terephthalate.
With respect to claims 1-10 and 14, it would have been obvious to one skilled in the art to modify the process of forming the photomechanical devices in Dong et al. “Hybrid organic-inorganic photon powered actuators based upon aligned diarylethene nanocrystals” Che. Mater., Vol. 31 pp 101601022 (01/2019) by replacing the Anodisc filter (see Millipore Whatman alumina Anodisc information sheet) with a track etched polyethylene terephthalate membranes known for use in chemical/biological filtration such as those taught by Dubtsov et al., “Electrically switchable polymer membranes with photo-aligned nematic structures for photonic applications”, Optical materials Vol. 109 Articles 110296 (11 pages) (08/2020) and/or Golovanova et al. “AFM characterization of track etched membranes pores parameters distribution and disorder factor”, Applied Sciences Vol. 12 pp 1334 (10 pages) (01/2022) with a reasonable expectation of forming a useful photomechanical device based upon the prior infusion of polycarbonate (isopore) filters with diarylethenes in Saito et al. “Polymer composites containing photochromic dye solution”, Proc. SPIE Vol. 7722 article 772221 (9 pages) (2010) (Millipore sigma, “Polycarbonate membrane filter, 8.0 micron pre size”, ISOPORE and Oxyphen filtration group, “Oxyphen track-etched membranes” ( © 2020)), the prior use in Kim et al. “Approaches to deformable physical sensors: electronic versus iontronic”, Mater. Sci. Eng. R, Vol. 146 article 100640 (07/2021) and Zhang et al., “Bioinspired photo-responsive liquid gating membrane”, Biomimetics Vol. 7 article 47 (11 pages (04/2022) of track etched substrates in forming photomechanical devices The examiner notes that Golovanova et al. “AFM characterization of track etched membranes pores parameters distribution and disorder factor”, Applied Sciences Vol. 12 pp 1334 (10 pages) (01/2022) and Oxyphen filtration group, “Oxyphen track-etched membranes” ( © 2020) evidence the range of angles being across the 40-90 degree angles with respect to the membrane surface in track etched substrates.
With respect to claims 1-14, it would have been obvious to one skilled in the art to modify the process es of forming the photomechanical devices of Dong et al. “Hybrid organic-inorganic photon powered actuators based upon aligned diarylethene nanocrystals” Che. Mater., Vol. 31 pp 101601022 (01/2019) by replacing the Anodisc filter (see Millipore Whatman alumina Anodisc information sheet) with a track etched polyethylene terephthalate membranes known for use in chemical/biological filtration such as those taught by Dubtsov et al., “Electrically switchable polymer membranes with photo-aligned nematic structures for photonic applications”, Optical materials Vol. 109 Articles 110296 (11 pages) (08/2020) and/or Golovanova et al. “AFM characterization of track etched membranes pores parameters distribution and disorder factor”, Applied Sciences Vol. 12 pp 1334 (10 pages) (01/2022) with a reasonable expectation of forming a useful photomechanical device based upon the prior infusion of polycarbonate (isopore) filters with diarylethenes in Saito et al. “Polymer composites containing photochromic dye solution”, Proc. SPIE Vol. 7722 article 772221 (9 pages) (2010) (Millipore sigma, “Polycarbonate membrane filter, 8.0 micron pre size”, ISOPORE and Oxyphen filtration group, “Oxyphen track-etched membranes” ( © 2020)), the prior use in Kim et al. “Approaches to deformable physical sensors: electronic versus iontronic”, Mater. Sci. Eng. R, Vol. 146 article 100640 (07/2021) and Zhang et al., “Bioinspired photo-responsive liquid gating membrane”, Biomimetics Vol. 7 article 47 (11 pages (04/2022) of track etched substrates in forming photomechanical devices and characterizing the devices using the exposure of figure 5 of Dong et al. “Hybrid organic-inorganic photon powered actuators based upon aligned diarylethene nanocrystals” Che. Mater., Vol. 31 pp 101601022 (01/2019) with a reasonable expectation of observing photoinduced deflection. The examiner notes that Golovanova et al. “AFM characterization of track etched membranes pores parameters distribution and disorder factor”, Applied Sciences Vol. 12 pp 1334 (10 pages) (01/2022) and Oxyphen filtration group, “Oxyphen track-etched membranes” ( © 2020) evidence the range of angles being across the 40-90 degree angles with respect to the membrane surface in track etched substrates.
The exposing holds that the crystals of the diarylethene will form epitaxially in the pores of the PET substrate in the same manner upon solvent evaporation that they do in the pores of the alumina/Anodisc substrate of Dong et al. “Hybrid organic-inorganic photon powered actuators based upon aligned diarylethene nanocrystals” Chem. Mater., Vol. 31 pp 101601022 (01/2019)
Claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Dong et al. “Hybrid organic-inorganic photon powered actuators based upon aligned diarylethene nanocrystals” Chem. Mater., Vol. 31 pp 101601022 (01/2019), in view of Millipore sigma, “Whatman lumina Anodisc filter discs 0.2 microns pore size” (downloaded 2025), Golovanova et al. “AFM characterization of track etched membranes pores parameters distribution and disorder factor”, Applied Sciences Vol. 12 pp 1334 (10 pages) (01/2022), Dubtsov et al., “Electrically switchable polymer membranes with photo-aligned nematic structures for photonic applications”, Optical materials Vol. 109 Articles 110296 (11 pages) (08/2020), Saito et al. “Polymer composites containing photochromic dye solution”, Proc. SPIE Vol. 7722 article 772221 (9 pages) (2010), Kim et al. “Approaches to deformable physical sensors: electronic versus iontronic”, Mater. Sci. Eng. R, Vol. 146 article 100640 (07/2021), Millipore sigma, “Polycarbonate membrane filter, 8.0 micron pre size” (downloaded 11/20225) and Oxyphen filtration group, “Oxyphen track-etched membranes” ( © 2020), further in view of Irie et al. “Reversible surface morphology changes of a photochromic diarylethene single crystal by photoirradiation”, Science Vol. 291 Issue 5509, pp 1769-1772 (03/2001).
Irie et al. “Reversible surface morphology changes of a photochromic diarylethene single crystal by photoirradiation”, Science Vol. 291 Issue 5509, pp 1769-1772 (03/2001) establishes that it is known for single crystals of 1,2-bis(2,4-dimethyl-5-phenyl-3-thienyl)perfluorocyclopentene to undergo reversible changes in shape upon exposure..
PNG
media_image7.png
110
351
media_image7.png
Greyscale
In addition to the basis above, the examiner cites Irie et al. “Reversible surface morphology changes of a photochromic diarylethene single crystal by photoirradiation”, Science Vol. 291 Issue 5509, pp 1769-1772 (03/2001) who clearly establishes that crystals of diarylethene 1,2-bis(2,4-dimethyl-5-phenyl-3-thienyl)perfluorocyclopentene as known to undergo changes in shape upon exposure and holds that it would have been obvious to one skilled in the art to modify the combination of Dong et al. “Hybrid organic-inorganic photon powered actuators based upon aligned diarylethene nanocrystals” Chem. Mater., Vol. 31 pp 101601022 (01/2019),Millipore sigma, “Whatman lumina Anodisc filter discs 0.2 microns pore size” (downloaded 2025), Golovanova et al. “AFM characterization of track etched membranes pores parameters distribution and disorder factor”, Applied Sciences Vol. 12 pp 1334 (10 pages) (01/2022), Dubtsov et al., “Electrically switchable polymer membranes with photo-aligned nematic structures for photonic applications”, Optical materials Vol. 109 Articles 110296 (11 pages) (08/2020), Saito et al. “Polymer composites containing photochromic dye solution”, Proc. SPIE Vol. 7722 article 772221 (9 pages) (2010), Kim et al. “Approaches to deformable physical sensors: electronic versus iontronic”, Mater. Sci. Eng. R, Vol. 146 article 100640 (07/2021), Millipore sigma, “Polycarbonate membrane filter, 8.0 micron pre size” (downloaded 11/20225) and Oxyphen filtration group, “Oxyphen track-etched membranes” ( © 2020) by using 1,2-bis(2,4-dimethyl-5-phenyl-3-thienyl)perfluorocyclopentene crystals as the diarylethene crystals formed in the pores of the PET substrate in the processes rendered obvious by these references. Further, it would have been obvious to use UV and visible light as taught in Irie et al. “Reversible surface morphology changes of a photochromic diarylethene single crystal by photoirradiation”, Science Vol. 291 Issue 5509, pp 1769-1772 (03/2001) (see scheme 1 and figure 2) as this crystals is evidenced to be photo-responsive to these wavelengths.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhang et al., “Bioinspired photo-responsive liquid gating membrane”, Biomimetics Vol. 7 article 47 (11 pages (04/2022) describes the work of Han who coated an azo polymer on a polycarbonate track etched substrate to realize a stoma inspired photomechanical ion channel. The irradiation of the azo dye based polymer changed the size of the opening due to the photoisomerizatrion (page 2 of 11). The combination of azo based surfactant solution applied to a porous nylon substrate acts as a photo-responsive gate (abstract, section 2.1, pages 4 of 11 and 8 of 11)
Kawashima et al. JP 2006259008 (machine translation attached) in example 1 disperses 1,2-bis (2-methyl-5-phenyl-3-thienyl) -3,3,4,4,5,5-perfluorocyclopentene in polystyrene by 10% by weight and spin-coated on a white polyethylene terephthalate substrate. In example 2 this is irradiated with 365 nm light to color it blue. The images was erasable by leaving it in the dark [0031-0032].
Lahikainen et al., “Tunable photomechanics in diarylethene-driven liquid crystal network actuators”, Applied Materials and interfaces, Vol. 12 pp 47939-47947 (09/2020) teaches a mixture of 4-methoxybenzoic acid 4-(6-acrylyoyloxyhexyloxy)phenyl ester (M1, LC monomer), 1,4-bis-[4-(3-acryloyloxypropyloxy)benzoyloxy]-2-methylbenzene (M2, LC crosslinker), diarylethene crosslinker, Irgacure 819 (photoinitiator) dissolved in dichloroethane, which was filled a cell made of two glass substrates with a PVAS alignment layer separated by a spacer using heating and then cooled. The mixture was then polymerized by exposure to UV. The DAE compounds were then converted to the ring-open state by exposure to 550 nm light and the LC/DAE layer was cut off using a razor blade (page 47944, right column). The thon strip bent when exposed to UV (365 nm) and straightened when exposed to visible light (550 nm).
PNG
media_image8.png
209
303
media_image8.png
Greyscale
PNG
media_image9.png
258
377
media_image9.png
Greyscale
PNG
media_image10.png
161
583
media_image10.png
Greyscale
Tang et al., “applications of photoresponsive molecules in nanopore-based devices”, Chinese J. Anal. Chem., Vol. 48(11) pp 1458-1466 (11/2020) describes the treatment of nanopores with photo-responsive azobenzenes, (section 2), spiropyrans and diarylethenes (DAE) (section 3).
PNG
media_image11.png
152
376
media_image11.png
Greyscale
. Diarylethenes can achieve reversible photo-sensitive resolution of the nanoscope without any imaging medium additives (section 3, page 6)
Bossi et al., J. Photochem. Photobiol.C:Photochem Rev., Vol. 12 pp 154-166 (09/2011) describes coating a polyethylene film with azo benzene and the exposure with UV converts the azobenzene from the E to the Z form which results in contraction in the film.
PNG
media_image12.png
296
815
media_image12.png
Greyscale
The photoisomerization of different forms of diarylethenes can control the conduction of electricity and act as a molecules switch (figure 13 and associated text).
Baumann et al. 20170202492 describes track etched polycarbonate filled/functionalized with photochromic spirobenzopyran [0120].
Marshall et al. 20120025136 teaches LC eutectic mixtures that are doped with mesogenic azo dyes and infused into track-etched porous membranes with regular cylindrical pores. The membrane can be any material sufficiently porous and chemically compatible with the LC material, including but not limited to, polycarbonate, polyester, and polyimide membranes. In an aspect, the membrane can be track-etched and have sufficient transparency between approximately 300 to 600 nm to allow photo-switching of the LC mixture to take place [0008]
Irie JP 08245579 (machine translation attached) teaches diarylethenes for optical recording (structures in pages 4-25. These can be dissolved in solvents and coated on substrates which are either transparent or opaque to the light used. Examples of the material of the substrate material include supports for general recording materials such as glass, plastic, paper, plate-shaped or foil-shaped metal, and among these, plastic is preferable from various points. As the plastic, acrylic resin, methacrylic resin, vinyl acetate resin, vinyl chloride resin, nitrocellulose, polyethylene resin, polypropylene resin, polycarbonate resin, polyimide resin and polysulfone resins [0038]. In example 2 exposure to 377 nm converted the compound to the closed ring form and exposure to 300 nm converted it back to the ring open form [0073].
Van Raak, et al., “Biometic liquid crystal cilia and flagella”, Polymers Vol 14, article 1384 (16 pages) 03/2022) teaches that arrays of artificial cilia can be formed by replica molding using PDMS, silica or track etched membranes as molds. Trans etched membranes form random distributions of hole/pores, but these are much smaller and can be formed with high feature densities. The materials shape is fixed by curing it in the mold and then removing the mold by peeling or dissolving the mold (section 4/page 11 of 16). The cilia could then be made to move/beat by continuously irradiation with a blue light and intermittently irradiating with a UV light (section 4/ page 12 or 16)
He et al. “photo-irradiation for preparation, modification and stimulation of polymeric membranes”, Prog. Polym. Sci., Vol. 34 pp 62-98 (10/2008) describes the use of photoisomerization of/in polymers including that of diarylethenes (page 66/left column). The use of polymerization of monomers using isoporous alumina or track etched polycarbonate as a template is disclosed (page 71/right column). Processes for forming porous membranes include phase separation, stretching or track etching (page 67). The application of photoisomerizable/photochromic groups to porous membranes is disclosed with respect to figure 18 and the associated text (page 90)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Martin J Angebranndt whose telephone number is (571)272-1378. The examiner can normally be reached 7-3:30 pm EST.
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, Mark F Huff can be reached at 571-272-1385. 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.
MARTIN J. ANGEBRANNDT
Primary Examiner
Art Unit 1737
/MARTIN J ANGEBRANNDT/Primary Examiner, Art Unit 1737 November 25, 2025