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 02/04/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-20 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.
Claims 1, 4, 5, 9, 14, 15, and 20 all appear to recite chemical structures, but these structures are absent from the claims. For examination on the merits, the structures in these claims will be interpreted as follows:
Claim 1 will be interpreted to recite the structure from paragraph 0008 of the Specification.
Claim 4 will be interpreted to recite the structures from the first half of paragraph 0025 of the Specification.
Claim 5 will be interpreted to recite the structure from the second half of paragraph 0025 of the Specification.
Claim 9 will be interpreted to recite the structure from paragraph 0008 of the Specification.
Claim 14 will be interpreted to recite the structures from the first half of paragraph 0025 of the Specification.
Claim 15 will be interpreted to recite the structure from the second half of paragraph 0025 of the Specification.
Claim 20 will be interpreted to recite the structures from the first half of paragraph 0025 of the Specification.
The Applicant is encouraged to ensure that future submissions contain the proper depictions of the chemical structures.
Claim 13 recites “a diluent” in line 2. It is not clear if this is the same as the diluent recited in line 4 of claim 9, from which claim 13 depends.
Any claim not specifically addressed above is rejected because it depends directly or indirectly from an indefinite claim.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4, 6, 7, 9, 11-14, 16, 17, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Aizenberg et al. (US PGPub 2015/0210951, hereinafter Aizenberg) in view of and Takao (US PGPub 2019/0040195, hereinafter Takao) and Anker et al. (US PGPub 2014/0360934, hereinafter Anker).
Regarding claim 1, Aizenberg discloses a pipe (paragraph 0176) comprising:
a) a component having a metal surface (paragraph 0212); and
b) a hydrophobic surface layer (paragraphs 0085 and 0211) applied to the metal surface either directly or through an intermediate organometallic layer.
Aizenberg discloses that the applied lubricant can be a fluorinated oil (paragraphs 0163 and 0211-0212), but is silent to the specific material recited in the claims. Takeo teaches a surface treatment agent for a substrate comprising a perfluoropolyether group-containing phosphate compound (paragraph 0007). Takeo further teaches a general formula for the perfluoropolyether group-containing phosphate compound. Takao teaches that the B¹ group of the compound can be an RF1-O-group where RF1 is a C1-6 perfluoroalkyl group, corresponding to the CnF2n+1-A-group at the left end of the claimed fluorinated material for the case where n is 1 to 6 and A is an oxygen. The (CmF2mO)n1 repeat unit in the compound of Takao corresponds to the (CF(Y)-CF²-O)b repeat unit in the claimed fluorinated material for the case where Y is F and b is from 1 to 200. The A¹ group of Takao is a monovalent organic group having at least one phosphoric acid at its terminal. Takao teaches that QF1-CX2-O-Y1-O-P(=O)(OH)=(formula 3-2 of Takao) is a preferred A¹ group (paragraph 0052). Takao teaches that preferred Y1 units include units corresponding to the (CH₂)p unit of the claimed fluorinated material for the case where p is 2 to 4 (paragraphs 0047-0047 and 0049). Takao further teaches that CX2 is preferably CH₂ in paragraph 42 that -CF2 is a preferred QF1 unit (paragraph 0041). The QF1-CX2-O unit in the A¹ group of Takao therefore corresponds to the (CX(Y)- CH₂-O)m unit in the claimed fluorinated material for the case where X and Y are both F and m is 1, and the perfluoropolyether group-containing phosphate compound therefore meets the limitations of the fluorinated material of claim 1.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the perfluoropolyether group-containing phosphate compound of Takao as the fluorinated oil in the coating of Aizenberg, since Takao teaches that it imparts excellent water/oil repellency and lubricity to the surface of a substrate (paragraph 0020).
Aizenberg and Takao do not explicitly teach an eductor. Anker teaches an eductor (figures 3 and 4) and indicates that such a device would benefit from having a hydrophobic surface (paragraph 0193). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the surface treatment of Aizenberg and Takao in an eductor for the purpose of discouraging settling, sedimentation, and biofilm formation during the use of the device (Anker: paragraph 0193).
Regarding claim 2, Aizenberg discloses the surface comprising stainless steel (paragraph 0175).
Regarding claim 3, Aizenberg is silent to an eductor. Anker teaches an eductor including a converging inlet nozzle, a diffuser throat, and a diverting outlet (figure 3), which are all known structures of an eductor. To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the surface treatment of Aizenberg and Takao on the eductor components of Anker for the purpose of discouraging settling, sedimentation, and biofilm formation during the use of the device (Anker: paragraph 0193).
Regarding claim 4, Aizenberg is silent to Z as recited. Takao is relied upon, as above, to teach Z and further the perfluoropolyether group-containing phosphate compound of Takao meets the limitations of the fluorinated material for the case where both R and R' are hydrogen (see above). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the perfluoropolyether group-containing phosphate compound of Takao as the fluorinated oil in the coating of Aizenberg, since Takao teaches that it imparts excellent water/oil repellency and lubricity to the surface of a substrate (paragraph 0020).
Regarding claim 6, Aizenberg is silent to the values as recited. Takao teaches values corresponding to the n, b, m, and p values that overlap or fall within the ranges recited (see above). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the perfluoropolyether group-containing phosphate compound of Takao as the fluorinated oil in the coating of Aizenberg, since Takao teaches that it imparts excellent water/oil repellency and lubricity to the surface of a substrate (paragraph 0020).
Regarding claim 7, Aizenberg discloses that the surface can be modified by deposition of silica (paragraph 0186), leading to the formation of an intermediate organometallic layer as claimed.
Regarding claim 9, Aizenberg discloses a method of reducing deposition of a friction reducer on a metal surface (paragraphs 0176 and 0212) comprising contacting the surface with an intermediate layer (paragraphs 0085 and 0211).
Aizenberg discloses that the applied lubricant can be a fluorinated oil (paragraphs 0163 and 0211-0212), but is silent to the specific material recited in the claims. Takeo teaches a surface treatment agent for a substrate comprising a perfluoropolyether group-containing phosphate compound (paragraph 0007). Takeo further teaches a general formula for the perfluoropolyether group-containing phosphate compound. Takao teaches that the B¹ group of the compound can be an RF1-O-group where RF1 is a C1-6 perfluoroalkyl group, corresponding to the CnF2n+1-A-group at the left end of the claimed fluorinated material for the case where n is 1 to 6 and A is an oxygen. The (CmF2mO)n1 repeat unit in the compound of Takao corresponds to the (CF(Y)-CF²-O)b repeat unit in the claimed fluorinated material for the case where Y is F and b is from 1 to 200. The A¹ group of Takao is a monovalent organic group having at least one phosphoric acid at its terminal. Takao teaches that QF1-CX2-O-Y1-O-P(=O)(OH)=(formula 3-2 of Takao) is a preferred A¹ group (paragraph 0052). Takao teaches that preferred Y1 units include units corresponding to the (CH₂)p unit of the claimed fluorinated material for the case where p is 2 to 4 (paragraphs 0047-0047 and 0049). Takao further teaches that CX2 is preferably CH₂ in paragraph 42 that -CF2 is a preferred QF1 unit (paragraph 0041). The QF1-CX2-O unit in the A¹ group of Takao therefore corresponds to the (CX(Y)- CH₂-O)m unit in the claimed fluorinated material for the case where X and Y are both F and m is 1, and the perfluoropolyether group-containing phosphate compound therefore meets the limitations of the fluorinated material of claim 1. Takeo further teaches that the coating liquid comprises both the perfluoropolyether group-containing phosphate compound (surface treatment agent) and a liquid medium, meeting the limitation of the diluent.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the perfluoropolyether group-containing phosphate compound of Takao as the fluorinated oil in the coating of Aizenberg, since Takao teaches that it imparts excellent water/oil repellency and lubricity to the surface of a substrate (paragraph 0020). It would have been further obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the perfluoropolyether group-containing phosphate compound of Takao to the substrate of Aizenberg by combining the perfluoropolyether group-containing phosphate compound with a diluent to form a solution or a dispersion and to coalesce the solution or dispersion on the surface of the substrate by removing the liquid medium, since Takao teaches that it is a suitable method of applying the perfluoropolyether group-containing phosphate compound to a surface.
Aizenberg and Takao do not explicitly teach an eductor. Anker teaches an eductor (figures 3 and 4) and indicates that such a device would benefit from having a hydrophobic surface (paragraph 0193). To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the surface treatment of Aizenberg and Takao in an eductor for the purpose of discouraging settling, sedimentation, and biofilm formation during the use of the device (Anker: paragraph 0193).
Regarding claim 11, Aizenberg is silent to an eductor. Anker teaches an eductor including a converging inlet nozzle, a diffuser throat, and a diverting outlet (figure 3), which are all known structures of an eductor. To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious to have provided the surface treatment of Aizenberg and Takao on the eductor components of Anker for the purpose of discouraging settling, sedimentation, and biofilm formation during the use of the device (Anker: paragraph 0193).
Regarding claim 12, Aizenberg discloses the surface comprising stainless steel (paragraph 0175).
Regarding claim 13, Aizenberg is silent to the diluent. Takao teaches the surface treatment agent can be a solution or dispersion in the liquid medium, and that the surface treatment agent can be coated on the substrate surface by a wet coating method, where the coating liquid is applied to the substrate surface and the liquid medium is removed (paragraphs 0192-0194). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the perfluoropolyether group-containing phosphate compound of Takao to the substrate of Aizenberg by combining the perfluoropolyether group-containing phosphate compound with a diluent to form a solution or a dispersion and to coalesce the solution or dispersion on the surface of the substrate by removing the liquid medium, since Takao teaches that it is a suitable method of applying the perfluoropolyether group-containing phosphate compound to a surface.
Regarding claim 14, Aizenberg is silent to Z as recited. Takao is relied upon, as above, to teach Z and further the perfluoropolyether group-containing phosphate compound of Takao meets the limitations of the fluorinated material for the case where both R and R' are hydrogen (see above). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the perfluoropolyether group-containing phosphate compound of Takao as the fluorinated oil in the coating of Aizenberg, since Takao teaches that it imparts excellent water/oil repellency and lubricity to the surface of a substrate (paragraph 0020).
Regarding claim 16, Aizenberg is silent to the values as recited. Takao teaches values corresponding to the n, b, m, and p values that overlap or fall within the ranges recited (see above). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the perfluoropolyether group-containing phosphate compound of Takao as the fluorinated oil in the coating of Aizenberg, since Takao teaches that it imparts excellent water/oil repellency and lubricity to the surface of a substrate (paragraph 0020).
Regarding claim 17, Aizenberg discloses that the surface can be modified by deposition of silica (paragraph 0186), leading to the formation of an intermediate organometallic layer as claimed.
Regarding claim 19, Aizenberg is silent to a diluent. Takeo teaches that suitable liquid mediums include C4F9OCH3 (1,1,1,2,2,3,3,4,4,-nonafluoro-4-methoxybutane). C4F9OC2H5 (1,1,1,2,2,3,3,4,4,-nonafluoro-4-ethoxybutane), C2F5CHFCHFCF3 (1,1,1,2,3,4,4,5,5,5-decafluoropentane) (paragraphs 0163-0165) and that the liquid medium can be tetraethylene glycol dimethyl ether (paragraph 0171). It would have been further obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the perfluoropolyether group-containing phosphate compound of Takao to the substrate of Aizenberg by combining the perfluoropolyether group-containing phosphate compound with a diluent to form a solution or a dispersion and to coalesce the solution or dispersion on the surface of the substrate by removing the liquid medium, since Takao teaches that it is a suitable method of applying the perfluoropolyether group-containing phosphate compound to a surface.
Regarding claim 20, Aizenberg is silent to Z as recited. Takao is relied upon, as above, to teach Z and further the perfluoropolyether group-containing phosphate compound of Takao meets the limitations of the fluorinated material for the case where both R and R' are hydrogen (see above). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the perfluoropolyether group-containing phosphate compound of Takao as the fluorinated oil in the coating of Aizenberg, since Takao teaches that it imparts excellent water/oil repellency and lubricity to the surface of a substrate (paragraph 0020).
Allowable Subject Matter
Claims 5, 8, 10, 14, and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art, as exemplified by the references discussed above, does not disclose or render obvious the use of the specific compounds of claims 5 and 15 in the claimed apparatus. Takao, as discussed above, discloses perfluoropolyether group- containing phosphate compounds with phosphate end groups having four P-O bonds, while the compounds of claims 36 and 38 have three P-O bonds and a P-C bond. One of ordinary skill in the art would have had no motivation to modify Takao to arrive at the claimed compounds.
The prior art also does not disclose or render obvious adhering the fluorinated material to an intermediate organometallic layer that is a polymeric metal oxide with alkoxide and hydroxy groups. Aizenberg, as discussed above, discloses forming an intermediate layer of silica (silicon dioxide), but silica is a metalloid rather than a metal to which the lubricant layer is adhered.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited prior art generally discloses eductors with hydrophobic coatings or surfaces.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC C HOWELL whose telephone number is (571)272-9834. The examiner can normally be reached Monday-Friday 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire Wang can be reached at 571-270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARC C HOWELL/Primary Examiner, Art Unit 1774
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