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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4 December 2023 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the Office.
The information disclosure statement (IDS) submitted on 25 March 2025 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the Office.
Election/Restrictions
Applicant’s election without traverse of Group I, Claims 1-8, in the reply filed on 8 July 2026 is acknowledged.
Claims 9-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 8 July 2026.
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.
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 1-8 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.
As to Claim 1: The claim sets forth the limitation “a laminated structure distribution is formed by the binder molecules”. It is unclear what is meant by a laminated structure. Is the laminated structure the way the binder molecules are attached to the particles or is it that the binder molecules attach to the nanoparticles and form a laminated structure of discrete particles?
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.
Claim(s) 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ikeda et al. (“Composition and pH dependence on aggregation of SiO2-PVA suspension for the synthesis of porous SiO2-PVA nanocomposite” J Porous Mater (2014) 21:1143-1149, hereinafter referred to as “Ikeda”).
As to Claim 1: Ikeda teaches a porous monolithic SiO2-polyvinyl alcohol nanocomposite (Abstract) wherein the silica nanoparticles read on dielectric particles and the polyvinyl alcohol reads on the binder molecules. As the material contains all of the components recited it is considered to be capable of use as a radiative cooling material.
As to Claims 2 and 3: Ikeda teaches the radiative cooling material of claim 1 (supra). Ikeda teaches the same porous nanoparticles and binder molecules recited in the instant claims. As the claims are drawn to properties of the binder material and the same binder is used in both the claims and Ikeda the material of Ikeda is considered to meet the claims as the same composition cannot have different properties.
As to Claim 4: Ikeda teaches the radiative cooling material of claim 1 (supra). The instant claim is drawn to a product-by-process limitation and are considered for the final product and not the steps they recite. See MPEP § 2113. As Ikeda teaches a composition containing the same components it is considered to read on the instant claims.
As to Claims 5 and 6: Ikeda teaches the radiative cooling material of claim 1 (supra). The instant claims are drawn to a product-by-process limitation and are considered for the final product and not the steps they recite. See MPEP § 2113. As Ikeda teaches a composition containing the same components it is considered to read on the instant claims.
As to Claim 7: Ikeda teaches the radiative cooling material of claim 1 (supra). Ikeda further teaches that the porous nanoparticles are silica (Abstract).
As to Claim 8: Ikeda teaches the radiative cooling material of claim 1 (supra). Ikeda further teaches that the binder molecules are polyvinyl alcohol (Abstract).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J OYER whose telephone number is (571)270-0347. The examiner can normally be reached 9AM-6PM EST M-F.
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/Andrew J. Oyer/Primary Examiner, Art Unit 1767
