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 response of the applicant has been read and given careful consideration. Rejection of the previous action not repeated below are withdrawn based upon the arguments of and amendments by the applicant. Responses to the arguments of the applicant are presented after the rift rejection they are directed to.
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.
Also the claims should make it clear that the polyethylene terephthalate substrate is flexible.
The response argues that the examiner has not pointed out why the claim is indefinite. The examiner points to claims which describes a “hybrid polymer/crystal photomechanical composite material”, which requires that the substrate be flexible enough soi that the exposure induces a bending in the “hybrid polymer/crystal photomechanical composite material” such as recited in claim 11. This make the claim language self-consistent and speak to how the polyethylene terephthalate contributes to the functionality of the hybrid polymer/crystal photomechanical composite material”.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 4 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 1 requires the longitudinal axis of the pores to be inclined 40-60 degrees relative to the surface. This range does not induce a direction perpendicular to the surface of the substrate.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 1-3,5-7 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 Cui et al. CN 104377327, Kitagawa et al. “Control of photomechanical crystal twisting by illumination direction”, JACS, Vol. 140 pp 4208-4212 (02/2018), 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), and Kim et al. “Approaches to deformable physical sensors: electronic versus iontronic”, Mater. Sci. Eng. R, Vol. 146 article 100640 (07/2021),).
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)perfluorocyclopentene 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.
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Cui et al. CN 104377327 (machine translation attached) teaches using ion irradiation of polyimide, polyethylene terephthalate, polypropylene or polycarbonate thin films where the ions are incident at angles of 0 to 60 degrees relative to the thin film surface, followed by treatment in a solvent to form pore through the thickness of the film with sizes of 0.01 to 3 microns and a density of 15-18 pores/cm2 [0013-0014]. high-energy heavy ions to the substrate surface formed by the vertical direction irradiation incident angle alpha is 0 degree less than alpha less than 60 degrees, and the incident direction is in the angle range of the omni-directional and etched into micropore is 0 degrees angle with the direction perpendicular to the surface of the base film in different directions is less than alpha less than 60 degrees. The beneficial effects of the invention are as follows: adopting the preparation method of the invention can effectively control the hole density and hole pitch ensure the consistency pores of the membrane surface; and ensuring the film surface is not vertical to the film surface of the straight hole and a small overlap to form microporous [0008-0009].
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Kitagawa et al. “Control of photomechanical crystal twisting by illumination direction”, JACS, Vol. 140 pp 4208-4212 (02/2018) teaches the effects of exposure on ribbon crystals of 1,2-bis(2-methyl-5-phenyl-3-thienyl)perfluorocyclopentene.
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These crystals are elongated and have the structures shown in figure 2
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The photochromic nature of the ribbon crystals is illustrated in figure 3.
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Figures 5 and 6 illustrates the effect of exposure angle on the bending/twisting motions.
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Figure 6 shows large changes in the length and height (diameter) of the helix in the range of 40-60 degrees relative to the axis of the crystal.
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.
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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 followed by a azo//polymer coating.. This demonstrated the possibility of a deformable light-responsive sensor (page 26, right column)
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 and is not at a 40-60 degree inclination angle.
With respect to claims 1-3,5-7,9-11 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 with a track etched polyethylene terephthalate membrane/thin film such as that taught by Cui et al. CN 104377327, where the angle of the pores is 40-60 degrees relative so that the 1,2-bis(2-methyl-5-phenyl-3-thienyl)perfluorocyclopentene grown in the pores are oriented 40-60 degrees relative to the incident light to increase the photomechanical sensitivity as taught by Kitagawa et al. “Control of photomechanical crystal twisting by illumination direction”, JACS, Vol. 140 pp 4208-4212 (02/2018) as these type of membranes have been previously treated with photochromic azo dyes in 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), 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) and 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 where the uniformly oriented pores addresses the defect of random pores in the prior art described by Dong et al. “Hybrid organic-inorganic photon powered actuators based upon aligned diarylethene nanocrystals” Che. Mater., Vol. 31 pp 101601022 (01/2019).
With respect to claims 1-3 and 5-14, 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 with a track etched polyethylene terephthalate membrane/thin film such as that taught by Cui et al. CN 104377327, where the angle of the pores is 40-60 degrees relative so that the 1,2-bis(2-methyl-5-phenyl-3-thienyl)perfluorocyclopentene grown in the pores are oriented 40-60 degrees relative to the incident light to increase the photomechanical sensitivity as taught by Kitagawa et al. “Control of photomechanical crystal twisting by illumination direction”, JACS, Vol. 140 pp 4208-4212 (02/2018) as these type of membranes have been previously treated with photochromic azo dyes in 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), 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) and 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 where the uniformly oriented pores addresses the defect of random pores in the prior art described by Dong et al. “Hybrid organic-inorganic photon powered actuators based upon aligned diarylethene nanocrystals” Che. Mater., Vol. 31 pp 101601022 (01/2019) 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 applicant argues that the prior art rejections did not teach the inclination angles of 40-6 degrees C for the pores. The examiner has modified the rejection to address this newly added limitation. Cui et al. CN 104377327 teaches the membranes with 0-60 degree inclination angles and Kitagawa et al. “Control of photomechanical crystal twisting by illumination direction”, JACS, Vol. 140 pp 4208-4212 (02/2018) teaches the desirability of orienting the nanocrystals at angles of 40-60 degrees relative to the film as this would orient the nanocrystals at 4o-60 degrees relative to the direction of exposure. In the apparatus illustrated in figure 5a of Dong et al. “Hybrid organic-inorganic photon powered actuators based upon aligned diarylethene nanocrystals” Chem. Mater., Vol. 31 pp 101601022 (01/2019), noting the large change in the dimensions of the crystals observed in figure 6 of Kitagawa et al. “Control of photomechanical crystal twisting by illumination direction”, JACS, Vol. 140 pp 4208-4212 (02/2018). The illustration of Cui et al. CN 104377327 shows the angles (a) of the membranes as being the same.
Claims 1- and 5-14 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 Cui et al. CN 104377327, Kitagawa et al. “Control of photomechanical crystal twisting by illumination direction”, JACS, Vol. 140 pp 4208-4212 (02/2018), 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), and Kim et al. “Approaches to deformable physical sensors: electronic versus iontronic”, Mater. Sci. Eng. R, Vol. 146 article 100640 (07/2021),), 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..
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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), in view of Cui et al. CN 104377327, Kitagawa et al. “Control of photomechanical crystal twisting by illumination direction”, JACS, Vol. 140 pp 4208-4212 (02/2018), 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), and Kim et al. “Approaches to deformable physical sensors: electronic versus iontronic”, Mater. Sci. Eng. R, Vol. 146 article 100640 (07/2021),) does not teach 1,2-bis(2,4-dimethyl-5-phenyl-3-thienyl)perfluorocyclopentene
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)perfluorocyclopenten 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), in view of Cui et al. CN 104377327, Kitagawa et al. “Control of photomechanical crystal twisting by illumination direction”, JACS, Vol. 140 pp 4208-4212 (02/2018), 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), and Kim et al. “Approaches to deformable physical sensors: electronic versus iontronic”, Mater. Sci. Eng. R, Vol. 146 article 100640 (07/2021) 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.
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 Martin J Angebranndt whose telephone number is (571)272-1378. The examiner can normally be reached 7-3:30 pm EST.
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MARTIN J. ANGEBRANNDT
Primary Examiner
Art Unit 1737
/MARTIN J ANGEBRANNDT/Primary Examiner, Art Unit 1737 April 20, 2026
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