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 .
Claim amendments filed 3/20/2024 are acknowledged. Claims 26-50 are pending.
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.
Claim(s) 26-50 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gu et al. (US 2008/0299377) in view of Shirman et al. (WO 2019/068110) and Saito et al. (US 4,707,167).
With regards to claim 26, Gu teaches a porous inorganic coating on a porous support useful in a variety of applications (abstract). Gu teaches that such membranes can be used in filtration of bacteria and viruses from fluid streams or purifying gas streams or wastewater treatment (para [0004]). It would thus be obvious to use the porous coated porous structure of Gu to filter streams of fluids (air or water) motivated by an expectation of successfully purifying the stream. Thus Gu teaches a method of deactivating one or more bioaerosol contaminants entrained in a flowing medium (fluid stream) comprising delivering a flow of the medium to a material structure (the porous coated porous substrate) (fig 1).
The porous support comprises a first end, a second end and a plurality of inner channels having surfaces defined by porous walls and extending through the support from the first end to the second end ([0012]; [0045]) (corresponding to a macroscopic porous substrate having at least one inlet opening for receiving a flow of a medium and at least one outlet opening through which at least a portion of the received medium can exit the macroscopic porous substrate, said macroscopic porous substrate having at least one channel extending from said at least one inlet opening to said at least one outlet opening; a plurality of channels). The multi-channel porous support includes circular inner channels having an average diameter of 0.5 to 10 mm (i.e., 500 to 10,000 µm) ([0057]) (corresponding to said at least one channel having a cross-sectional diameter in a range of about 50 micrometers to about 1,000 micrometers). Gu discloses the channels are through- channels ([0066]) (corresponding to a plurality of isolated channels; at least one of said channels being an isolated channel).
Gu further discloses applying to the inner channel surfaces of the support a porous inorganic coating ([0013]-[0014]) (corresponding to at least one porous coating disposed on at least a portion of an inner surface of said at least one channel of the macroscopic porous substrate). The porous inorganic coatings may serve as membranes useful in, for example, liquid-liquid, liquid-particulate, gas-gas, or gas-particulate separation applications, where the liquid or gas stream passes through the channels ([0002]; [0078]) (corresponding to said porous coating facilitates at least one of entrapment and retardation of at least one contaminant, if any, present in said flowing medium).
Gu does not teach the specific porous coating as claimed. Shirman discloses microstructure materials with enhanced functional properties and/or durability ([0004]) useful as an air purifier (para [0037]). The microstructure materials include filtration membranes comprising a porous film deposited on at least 30% of the combined surface area of pores of a microporous substrate ([0278]; FIG. 39) (corresponding to at least one porous coating). The porous film is a catalytic-templated porous coating (CTPC), where the removal of an interconnected templating component provides a network of interconnected pores ([0249]) (corresponding to said porous coating comprises a matrix having a plurality of interconnected passages). The porous film has a thickness of between 50 nanometers and 500 microns ([0272]; [0278]) (corresponding to said porous coating has a thickness in a range of about 1 micrometer to about 200 micrometers).
In light of the motivation of Shirman, it would have been obvious to one of ordinary skill in the art before the effective filing date of the presently claimed invention to use the porous film as the porous coating of Gu, in order to provide a porous film with enhanced functional properties and durability, and thereby arriving at the presently claimed invention.
As set forth in MPEP 2144.05, in the case where the claimed range "overlap or lie inside ranges disclosed by the prior art", a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
The combination results in a porous coating of the claimed thickness that facilitates at least one of entrapment and retardation of said one or more aerosol contaminants (has the same or similar microporous structure of the instant invention and would thus function similarly).
The combination does not teach applying energy to heat the material structure. Saito et al. teaches providing a heating means on or near a filter in order to sterilize the filter from any microorganisms, bacteria, and virus collected and dwelling in/on the filter to prevent biological pollution in the environment. The heating means achieves this in a very short period of time by heating at 80C or higher (column 2, lines 4-20). A person having ordinary skill in the art would have found it obvious to have heated the filter the material structure to 80C or higher in order to deactivate one or more bioaerosol contaminants (bacteria or virus) trapped in/on the material.
With regards to claims 27-29, the flowing medium can be air, liquid, and/or water (Gu para [0004]).
With regards to claim 30, the bioaerosols comprise viruses and bacteria (Gu para [0004]).
With regards to claim 31, Shirman discloses the porous coating has active sites integrated into multiscale, multifunctional material infrastructures designed to control mass transport, reaction coupling, conduction or dissipation of heat or light, and provision of long-term stability under reaction conditions ([0131]) (corresponding to at least a portion of an inner surface of at least one of said plurality of interconnected passages of the porous coating comprises an active site suitable for treating said contaminant).
With regards to claim 32, Shirman further teaches the CTPC includes at least one of an oxide, a metal, a semiconductor, a metal sulfide, a metal chalcogenide, a metal nitride, a metal pnictide, an organometallic compound, an organic material, a natural material, a polymer, and a combination thereof; at least one of: silica, alumina, titania, zircoma, ceria, hafnia, vanadia, beryllia, noble metal oxides, platinum group metal oxides, titania, tin oxide, molybdenum oxide, tungsten oxide, rhenium oxide, tantalum oxide, niobium oxide, chromium oxide, scandium oxide, yttria, lanthanum oxide, thorium oxide, uranium oxide, and rare earth oxide ([0259]; [0260]).
With regards to claim 33, Shirman further teaches at least one atomic layer of catalytically active material should be exposed to the channel, in order to avoid full particle encapsulation and form the enhanced catalysts with catalytic nanoparticles exposed to the porous network ([0144]) (corresponding to at least one of said plurality of interconnected passages of the porous coating comprises an active site suitable for treating said contaminant; said active site is selected from the group consisting of a catalytically active material, a plurality of nanoparticles, or combination thereof).
Additionally, Shirman discloses functional components are incorporated in the desired amount and location within the porous structure, the functional components are designed to provide catalytic, photocatalytic, electrocatalytic, photonic, antimicrobial, UV-visible absorbing and/or emitting, and sensing properties ([0245]; [0275]; [0376]) (corresponding to at least a portion of an inner surface of at least one of said plurality of interconnected passages of the porous coating comprises an active site suitable for treating said contaminant; said active site is selected from the group consisting of a catalytically active material, a plurality of nanoparticles; said active site is thermally, photo-catalytically, or electro-catalytically active, and exhibits a property elected from the group consisting of a catalytic, a photonic, an antimicrobial, a light- absorbing, a light-emitting, a stimuli responsiveness, an adsorption, and a desorption property). Shirman further teaches the functional component comprises a biologically derived material or metal nanoparticles, metal alloy nanoparticles, semiconductor nanoparticles, metal oxide nanoparticles, mixed metal oxide nanoparticles, metal sulfide nanoparticles, and a combination
thereof ([0262]).
See also claim 32 above.
With regards to claims 34 and 35, Shirman teaches the functional component is a biologically derived material, such as an enzyme or a protein ([0262]; [0274]) (corresponding to said biological agent comprises a protein that is chemically or physically coupled to and internal surface portion of said coating; said protein comprises an enzyme).
With regards to claims 36 and 37, Shirman discloses functional components are incorporated in the desired amount and location within the porous structure, the functional components are designed to provide catalytic, photocatalytic, electrocatalytic, photonic, antimicrobial, UV-visible absorbing and/or emitting, and sensing properties ([0245]; [0275]; [0376]) (corresponding to at least a portion of an inner surface of at least one of said plurality of interconnected passages of the porous coating comprises an active site suitable for treating said contaminant; said active site is selected from the group consisting of a catalytically active material, a plurality of nanoparticles; said active site is thermally, photo-catalytically, or electro-catalytically active, and exhibits a property elected from the group consisting of a catalytic, a photonic, an antimicrobial, a light- absorbing, a light-emitting, a stimuli responsiveness, an adsorption, and a desorption property). Shirman further teaches the functional component comprises a biologically derived material or metal nanoparticles, metal alloy nanoparticles, semiconductor nanoparticles, metal oxide nanoparticles, mixed metal oxide nanoparticles, metal sulfide nanoparticles, and a combination
thereof ([0262]).
With regards to claim 38, Shirman teaches the porous film has an average pore size of about 50 nm - 2,000 nm ([0323]) (corresponding to said interconnected passages of the coating exhibit a cross-sectional dimension in a range of about 100 nm to about 20 microns). As set forth in MPEP 2144.05, in the case where the claimed range "overlap or lie inside ranges disclosed by the prior art", a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
With regards to claim 39, The porous film has a thickness of between 50 nanometers and 500 microns ([0272]; [0278]) (corresponding to said porous coating has a thickness in a range of about 50 micrometer to about 150 micrometers). As set forth in MPEP 2144.05, in the case where the claimed range "overlap or lie inside ranges disclosed by the prior art", a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
With regards to claim 40, While Gu in view of Shirman does not explicitly disclose the surface area as presently claimed, it has long been an axiom of United States patent law that it is not inventive to discover the optimum or workable ranges of result-effective variables by routine experimentation. In re Peterson, 315 F.3d 1325, 1330 (Fed. Cir. 2003) ("The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages."); In re Boesch, 617 F.2d 272, 276 (CCPA 1980) ("[D]iscovery of an optimum value of a result effective variable in a known process is ordinarily within the skill of the art."); In re Aller, 220 F.2d 454, 456 (CCPA 1955) ("[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation."). "Only if the 'results of optimizing a variable' are 'unexpectedly good'
can a patent be obtained for the claimed critical range." In re Geisler, 116 F.3d 1465, 1470 (Fed.
Cir. 1997) (quoting In re Antonie, 559 F.2d 618, 620 (CCPA 1977)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the presently claimed invention to vary the surface are of the interconnected passages of the porous coating of Gu in view of Shirman, including over the presently claimed, in order to provide a network of interconnected pores having a high surface area allowing the structure to be used in such applications as industrial catalysis, catalytic conversion, emission control, photocatalysis, sensing, separation and purification, protective coatings (possessing specific, often predesigned thermal, and/or mechanical, and/or chemical properties), as well as in creating multifunctional systems combining chemical, optical, electric, magnetic, and other input/output combinations (Shirman, [0191]).
With regards to claim 41, the combination above results in the porous coating having a plurality of interconnected passages (see claim 26 above).
With regards to claim 42, Shirman discloses the porous film is a CTPC, where the removal of an interconnected templating component provides a network of interconnected pores ([0249]). The network of interconnected pores have various structures such as inverse opal and gyroid ([0134]) (corresponding to at least one of said channels of the porous coating exits a geometry selected from the group consisting of an inverse opal structure and a gyroid geometry).
Given that the porous film of Gu in view of Shirman is substantially identical to the present claimed coating in composition and structure, it is clear that the porous film of Gu in view of Shirman would intrinsically be facilitate at least temporary entrapment and retardation of said at least one contaminant and exhibit a geometry, surface roughness and size that facilitate said entrapment of said at least one contaminant.
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, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). See MPEP 2112.01 (I).
With regards to claim 43, Shirman discloses functional components are incorporated in the desired amount and location within the porous structure, the functional components are designed to provide catalytic, photocatalytic, electrocatalytic, photonic, antimicrobial, UV-visible absorbing and/or emitting, and sensing properties ([0245]; [0275]; [0376]) (corresponding to at least a portion of an inner surface of at least one of said plurality of interconnected passages of the porous coating comprises an active site suitable for treating said contaminant; said active site is selected from the group consisting of a catalytically active material, a plurality of nanoparticles; said active site is thermally, photo-catalytically, or electro-catalytically active, and exhibits a property elected from the group consisting of a catalytic, a photonic, an antimicrobial, a light- absorbing, a light-emitting, a stimuli responsiveness, an adsorption, and a desorption property). Shirman further teaches the functional component comprises a biologically derived material or metal nanoparticles, metal alloy nanoparticles, semiconductor nanoparticles, metal oxide nanoparticles, mixed metal oxide nanoparticles, metal sulfide nanoparticles, and a combination
With regards to claim 44, The porous film has a thickness of between 50 nanometers and 500 microns ([0272]; [0278]) (corresponding to said porous coating has a thickness in a range of about 50 micrometer to about 150 micrometers). As set forth in MPEP 2144.05, in the case where the claimed range "overlap or lie inside ranges disclosed by the prior art", a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
With regards to claim 45, Shirman teaches the porous film has an average pore size of about 50 nm - 2,000 nm ([0323]) (corresponding to said interconnected passages of the coating exhibit a cross-sectional dimension in a range of about 100 nm to about 20 microns). As set forth in MPEP 2144.05, in the case where the claimed range "overlap or lie inside ranges disclosed by the prior art", a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
With regards to claim 46, While Gu in view of Shirman does not explicitly disclose the surface area as presently claimed, it has long been an axiom of United States patent law that it is not inventive to discover the optimum or workable ranges of result-effective variables by routine experimentation. In re Peterson, 315 F.3d 1325, 1330 (Fed. Cir. 2003) ("The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages."); In re Boesch, 617 F.2d 272, 276 (CCPA 1980) ("[D]iscovery of an optimum value of a result effective variable in a known process is ordinarily within the skill of the art."); In re Aller, 220 F.2d 454, 456 (CCPA 1955) ("[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation."). "Only if the 'results of optimizing a variable' are 'unexpectedly good'
can a patent be obtained for the claimed critical range." In re Geisler, 116 F.3d 1465, 1470 (Fed.
Cir. 1997) (quoting In re Antonie, 559 F.2d 618, 620 (CCPA 1977)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the presently claimed invention to vary the surface are of the interconnected passages of the porous coating of Gu in view of Shirman, including over the presently claimed, in order to provide a network of interconnected pores having a high surface area allowing the structure to be used in such applications as industrial catalysis, catalytic conversion, emission control, photocatalysis, sensing, separation and purification, protective coatings (possessing specific, often predesigned thermal, and/or mechanical, and/or chemical properties), as well as in creating multifunctional systems combining chemical, optical, electric, magnetic, and other input/output combinations (Shirman, [0191]).
With regards to claim 47, Shirman further teaches the CTPC includes at least one of an oxide, a metal, a semiconductor, a metal sulfide, a metal chalcogenide, a metal nitride, a metal pnictide, an organometallic compound, an organic material, a natural material, a polymer, and a combination thereof; at least one of: silica, alumina, titania, zircoma, ceria, hafnia, vanadia, beryllia, noble metal oxides, platinum group metal oxides, titania, tin oxide, molybdenum oxide, tungsten oxide, rhenium oxide, tantalum oxide, niobium oxide, chromium oxide, scandium oxide, yttria, lanthanum oxide, thorium oxide, uranium oxide, and rare earth oxide ([0259]; [0260]).
With regards to claim 48, Gu further discloses the support has a length of 80 mm or more ([0057]) (corresponding to said at least one channel of said macroscopic porous substrate has a length in
a range of about 1 mm to about 1 m).
As set forth in MPEP 2144.05, in the case where the claimed range "overlap or lie inside
ranges disclosed by the prior art", a prima facie case of obviousness exists, In re Wertheim, 541
F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed.
Cir. 1990).
With regards to claim 49, Gu further discloses the support is an inorganic material, the inorganic support materials include ceramic, glass ceramic, glass, metal, clay and combinations thereof ([0037]) (corresponding said macroscopic porous substrate is selected from the group consisting of a ceramic, a metal, a metallic alloy, a carbide, a metal felt, FeCrAl, natural clay, a polymeric material and combination thereof).
With regards to claim 50, Gu teaches a porous inorganic coating on a porous support useful in a variety of applications (abstract). Gu teaches that such membranes can be used in filtration of bacteria and viruses from fluid streams or purifying gas streams or wastewater treatment (para [0004]). It would thus be obvious to use the porous coated porous structure of Gu to filter streams of fluids (air or water) motivated by an expectation of successfully purifying the stream. Thus Gu teaches a method of deactivating one or more bioaerosol contaminants entrained in a flowing medium (fluid stream) comprising delivering a flow of the medium to a material structure (the porous coated porous substrate) (fig 1).
The porous support comprises a first end, a second end and a plurality of inner channels having surfaces defined by porous walls and extending through the support from the first end to the second end ([0012]; [0045]) (corresponding to a macroscopic porous substrate having at least one inlet opening for receiving a flow of a medium and at least one outlet opening through which at least a portion of the received medium can exit the macroscopic porous substrate, said macroscopic porous substrate having at least one channel extending from said at least one inlet opening to said at least one outlet opening; a plurality of channels). The multi-channel porous support includes circular inner channels having an average diameter of 0.5 to 10 mm (i.e., 500 to 10,000 µm) ([0057]) (corresponding to said at least one channel having a cross-sectional diameter in a range of about 50 micrometers to about 1,000 micrometers). Gu discloses the channels are through- channels ([0066]) (corresponding to a plurality of isolated channels; at least one of said channels being an isolated channel).
Gu further discloses applying to the inner channel surfaces of the support a porous inorganic coating ([0013]-[0014]) (corresponding to at least one porous coating disposed on at least a portion of an inner surface of said at least one channel of the macroscopic porous substrate). The porous inorganic coatings may serve as membranes useful in, for example, liquid-liquid, liquid-particulate, gas-gas, or gas-particulate separation applications, where the liquid or gas stream passes through the channels ([0002]; [0078]) (corresponding to said porous coating facilitates at least one of entrapment and retardation of at least one contaminant, if any, present in said flowing medium).
Gu does not teach the specific porous coating as claimed. Shirman discloses microstructure materials with enhanced functional properties and/or durability ([0004]) useful as an air purifier (para [0037]). The microstructure materials include filtration membranes comprising a porous film deposited on at least 30% of the combined surface area of pores of a microporous substrate ([0278]; FIG. 39) (corresponding to at least one porous coating). The porous film is a catalytic-templated porous coating (CTPC), where the removal of an interconnected templating component provides a network of interconnected pores ([0249]) (corresponding to said porous coating comprises a matrix having a plurality of interconnected passages). The porous film has a thickness of between 50 nanometers and 500 microns ([0272]; [0278]) (corresponding to said porous coating has a thickness in a range of about 1 micrometer to about 200 micrometers).
In light of the motivation of Shirman, it would have been obvious to one of ordinary skill in the art before the effective filing date of the presently claimed invention to use the porous film as the porous coating of Gu, in order to provide a porous film with enhanced functional properties and durability, and thereby arriving at the presently claimed invention.
As set forth in MPEP 2144.05, in the case where the claimed range "overlap or lie inside ranges disclosed by the prior art", a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
The combination results in a porous coating of the claimed thickness and structure. The porous coating is configured to increase a residence time of said one or more aerosols within the at least one channel relative to a respective residence time of the one or more aerosols in absence of the porous coating (has the same or similar microporous structure of the instant invention and would thus function similarly).
The combination does not teach applying energy to heat the material structure. Saito et al. teaches providing a heating means on or near a filter in order to sterilize the filter from any microorganisms, bacteria, and virus collected and dwelling in/on the filter to prevent biological pollution in the environment. The heating means achieves this in a very short period of time by heating at 80C or higher (column 2, lines 4-20). A person having ordinary skill in the art would have found it obvious to have heated the filter the material structure to 80C or higher in order to deactivate one or more bioaerosol contaminants (bacteria or virus) trapped in/on the material.
Conclusion
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/DONALD R SPAMER/Primary Examiner, Art Unit 1799