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 .
Election/Restrictions
Applicant’s election of Group II (claims 8-12) in the reply filed on 4/16/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 1-7 and 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/16/2026.
Claims 9-12 have been canceled and new claims 21-29 are added depending on claim 8. Hence, claims 8 and 21-29 are examined in this office action.
Claim Objections
Claim 23 is objected to because of the following informalities:
-Line 3: second “µm” should be deleted.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claim 27 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 27, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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.
(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.
Claims 8, 21-22, 25-26 and 29 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2025/0170560 A1 to Scotson et al. (hereinafter “Scotson”)..
Regarding claim 8, Scotson teaches a device comprising:
a composite comprising a first flow channel (104) and a second flow channel (106) defined and separated by porous walls (membrane 108), wherein the first flow channel and the second flow channels have a three-dimensional interpenetrating structure i.e. triply periodic minimal surface structure (TPMS)(see Figures 1-6; paragraph [0498]);
a mixture source (feed) in communication with the first flow channel (104); and
a component material collection media source (permeate) in fluid communication with the second flow channel (106);
wherein the porous walls (ultrafiltration ceramic membrane) are operable to selectively permit flow of the component material from the mixture (see Figures 1-6; paragraph [0500]).
Regarding claims 21-22, Scotson teaches TPMS of gyroid, double gyroid, Neovius structure, diamond, iso-truss, octet structure, schwartz P structure, etc. (see paragraphs [0373], [0375]-[0376]).
Regarding claim 25, Scotson teaches pore size of from 5 nm to about 1 µm (see paragraph [0037]).
Regarding claim 26, Scotson teaches porous walls (membrane) comprises ceramic membrane (see paragraph [0037]).
Regarding claim 29, Scotson teaches ultrafiltration device (see Figures 1-6; paragraph [0037]).
Claims 8, 21-22, 26 and 29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sreedhar et al., Journal of Membrane Science 561 (2018) 89-98 (hereinafter “Sreedhar”).
Regarding claim 8, Sreedhar teaches a device comprising:
a composite comprising a first flow channel and a second flow channel defined and separated by porous walls (membrane), wherein the first flow channel and the second flow channels have a three-dimensional interpenetrating structure defined by feed spacers (see section 1 in page 89; triply periodic minimal surfaces (TPMS) in section 2.1 in page 90);
a mixture source (DI water) in communication with the first flow channel; and
a component material collection media source (permeate) in fluid communication with the second flow channel;
wherein the porous walls (ultrafiltration membrane) are operable to selectively permit flow of the component material from the mixture (see section 3.2 in page 93).
Regarding claims 21-22, Sreedhar teaches TPMS of Schwartz Primitive, Schoen Gyroid, Fischer Koch S, etc. (see Fig. 1).
Regarding claim 26, Sreedhar teaches porous walls (membrane) comprises a polymer e.g. polyethersulfones (see section 3.2 in page 93).
Regarding claim 29, Sreedhar teaches ultrafiltration device (see section 3.2 in page 93).
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 8 and 21-29 are rejected under 35 U.S.C. 103 as being unpatentable over Feng et al., International Journal of Extreme Manufacturing, Vol. 4 (2022) 022001, pages 1-31 (hereinafter “Feng”) in view of US 2004/0084370 A1 to Singh et al. (hereinafter “Singh”).
Feng discloses discloses a triply periodic minimal surface (TPMS) porous structure used for porous filters, comprising a first flow channel and a second flow channel defined and separated by porous walls, wherein the TPMS porous structure has a three-dimensional interpenetrating structure (see pages 11, 12, 14; and Figure 9). Feng further discloses that the TPMS porous structure can be applied as porous filters (see Figure 11; section 3.3. in page 12).
Claim 8 differs from Feng in a device comprising: a mixture source in communication with a first flow channel; and a component material collection media source in fluid communication with a second flow channel, wherein porous walls are operable to selectively permit flow of the component material from the mixture.
Singh discloses a known filtration device (see Fig. 6A-6C; paragraph [0045]) comprising a mixture source i.e. perfusion liquid in communication with a first flow channel (a channel carrying perfusion liquid to waste); and a component material collection media source i.e. analysis in fluid communication with a second flow channel (a channel carrying sample to analysis), wherein porous walls (63) are operable to selectively permit flow of the component material from the mixture (see paragraphs [0027], [0029]-[0031], [0045]).
It would have been obvious to a person of ordinary skill in the art to include known device of Singh comprising a mixture source in communication with a first flow channel; and a component material collection media source in fluid communication with a second flow channel, wherein porous walls are operable to selectively permit flow of the component material from the mixture in the filtration device of Feng to provide sample to filter and collect filtrate for analysis.
Regarding claims 21-22, Feng discloses the TPMS porous structure including gyroid, Schwarz Primitive or Schwarz Diamond (see Figures 5 and 15-16).
Claims 23-24 differ from Feng in reciting that at least one of the first flow channel and the second flow channel has a cross sectional diameter of from about 10 µm to 5,000 µm or from about 200 µm to about 1,000 µm. It would have been obvious to one having ordinary skill in the art at the time the invention was made to provide at least one of the first flow channel and the second flow channel has a cross sectional diameter of from about 10 µm to 5,000 µm or from about 200 µm to about 1,000 µm depending on the desired flow rate capacity of the filtration device, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 25, Feng discloses that the TPMS porous structure can be classified as microporous structures with pore diameter less than 2 nm, mesoporous structures with pore diameter greater than 2 nm (0.002 µm) and less than 50 nm (0.05 µm), and macroporous structures with pore diameter greater than 50 nm (see section 2.4 in page 7). These pore diameter overlaps claimed pore size of from about 0.003 µm (3 nm) to about 1 µm (1,000 nm). In the case where the claimed ranges "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).
Regarding claims 26-27, Feng discloses that the porous walls comprise a (polyethylene (glycol) diacrylate polymer (see page 19).
Claim 28 differs from Feng in reciting that the porous walls comprise a carboxybetaine-dimethacrylate polymer and a 1,6-hexane diacrylate polymer.
Feng discloses that (polyethylene (glycol) diacrylate polymer is used to fabricate the TPMS porous structure (see page 19). A carboxybetaine-dimethacrylate polymer and a 1,6-hexane diacrylate polymer are known similar polymer of diacrylate and methacrylate polymer.
Singh discloses polyfunctional methacrylate and ethylene glycol diacrylate (see paragraph [0028]).
The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945).
Regarding claim 29, Feng discloses that the TPMS porous structure can be applied as porous electrodes of fuel cells and batteries, porous filters, and tissue engineering scaffolds (see page 12).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2025/0032998 A1 teaches a printed porous structure comprising a support layer that supports a filtration membrane wherein the support layer and the filtration membrane are integrally formed (see abstract; figures 6-10b).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN KIM whose telephone number is (571)272-1142. The examiner can normally be reached Maxi Flex.
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/John Kim/Primary Examiner, Art Unit 1777
JK
5/19/26
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