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 .
DETAILED ACTION
Information Disclosure Statement
1. The references disclosed within the information disclosure statement (IDS) submitted on January 2, 2024, has been considered and initialed by the Examiner.
Claim Rejections – 35 USC § 102(a)(1)
2. 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.
3. Claims 1-2, 5, 7-13, 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ingber et al. (WO 2014014788).
Ingber discloses repellant surfaces comprising a substrate and a lubricating layer immobilized over the substrate surface having a lubricating liquid, where the lubricating layer and the substrate form a slippery or repellent surface (abstract). Ingber discloses the substrate may be a solid crosslinked polymer (paragraph 73). Ingber discloses the substrate surfaces can be functionalized for liquid repellency and can include polyethylene terephthalate (aromatic-aliphatic polyester) (paragraph 77). Ingber discloses the lubricating layer can include hydrocarbon oils (aliphatic compound) (paragraph 277), as in claim 1.
Concerning claim 2, Ingber discloses the article comprises an antimicrobial peptide (paragraph 148).
Concerning claim 5, Ingber discloses solid substrates (non-porous) (paragraph 74) comprising polyethylene terephthalate (paragraph 77).
Concerning claim 7, Ingber discloses the article comprises an antimicrobial peptide (paragraph 148).
Concerning claim 8, Ingber discloses the lubricant layer can include perfluorotributylamine (paragraph 8277).
Concerning claim 9, Ingber discloses repellant surfaces comprising a substrate and a lubricating layer immobilized over the substrate surface having a lubricating liquid, where the lubricating layer and the substrate form a slippery or repellent surface (abstract). Ingber discloses the substrate may be a solid crosslinked polymer (paragraph 73). Ingber discloses the substrate surfaces can be functionalized for liquid repellency and can include polyethylene terephthalate (aromatic-aliphatic polyester) (paragraph 77). Ingber discloses the lubricating layer can include hydrocarbon oils (aliphatic compound) (paragraph 277).
Concerning claim 10, Ingber discloses solid substrates (paragraph 74) comprising polyethylene terephthalate (paragraph 77).
Concerning claim 11, Ingber discloses the substrate surfaces include polystyrene (paragraph 8077).
Concerning claim 12, Ingber discloses repellant surfaces comprising a substrate and a lubricating layer immobilized over the substrate surface having a lubricating liquid, where the lubricating layer and the substrate form a slippery or repellent surface (abstract). Ingber discloses the substrate may be a solid crosslinked polymer (paragraph 73). Ingber discloses the substrate surfaces can be functionalized for liquid repellency and can include polyethylene terephthalate (aromatic-aliphatic polyester) (paragraph 77).
Concerning claim 13, Ingber discloses the substrate surfaces include polystyrene (paragraph 8077).
Concerning claim 23, Ingber discloses repellant surfaces comprising a substrate and a lubricating layer immobilized over the substrate surface having a lubricating liquid, where the lubricating layer and the substrate form a slippery or repellent surface (abstract). Ingber discloses the substrate may be a solid crosslinked polymer (paragraph 73). Ingber discloses the substrate surfaces can be functionalized for liquid repellency and can include polyethylene terephthalate (aromatic-aliphatic polyester) (paragraph 77). Ingber discloses the lubricating layer can include hydrocarbon oils (aliphatic compound) (paragraph 277). Ingber discloses the slippery surface of the article can include a siloxane (claims 10-11 of Ingber).
Concerning claim 25, Ingber discloses repellant surfaces comprising a substrate and a lubricating layer immobilized over the substrate surface having a lubricating liquid, where the lubricating layer and the substrate form a slippery or repellent surface (abstract). Ingber discloses the substrate may be a solid crosslinked polymer (paragraph 73). Ingber discloses the substrate surfaces can be functionalized for liquid repellency and can include polyethylene terephthalate (aromatic-aliphatic polyester) (paragraph 77). Ingber discloses the lubricating layer can include hydrocarbon oils (aliphatic compound) (paragraph 277).
Claim Rejections – 35 USC § 103
4. 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 may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
5. Claims 3-4, 6, 27-29 are rejected under 35 U.S.C. 103 as being unpatentable over Ingber et al. (WO 2014014788).
Ingber discloses repellant surfaces comprising a substrate and a lubricating layer immobilized over the substrate surface having a lubricating liquid, where the lubricating layer and the substrate form a slippery or repellent surface (abstract). Ingber discloses the substrate may be a solid crosslinked polymer (paragraph 73). Ingber discloses the substrate surfaces can be functionalized for liquid repellency and can include polyethylene terephthalate (aromatic-aliphatic polyester) (paragraph 77). Ingber discloses the lubricating layer can include hydrocarbon oils (aliphatic compound) (paragraph 277). Ingber does not appear to explicitly teach the liquid contact angle hyteresis value or liquid sliding angle; however, substantially identical materials treated in a substantially identical manner are expected to have substantially identical properties. In the present case the liquid repellant surfaces is carried out using material and process conditions which are substantially identical to those disclosed by applicants. Therefore the liquid repellant surfaces discussed above would be expected to meet the claimed liquid contact angle hyteresis value or liquid sliding angle, as in claim 3.
Concerning claim 4, Ingber discloses repellant surfaces comprising a substrate and a lubricating layer immobilized over the substrate surface having a lubricating liquid, where the lubricating layer and the substrate form a slippery or repellent surface (abstract). Ingber discloses the substrate may be a solid crosslinked polymer (paragraph 73). Ingber discloses the substrate surfaces can be functionalized for liquid repellency and can include polyethylene terephthalate (aromatic-aliphatic polyester) (paragraph 77). Ingber discloses the lubricating layer can include hydrocarbon oils (aliphatic compound) (paragraph 277).
Concerning claim 6, Ingber discloses the surfaces that can be functionalized for liquid repellency include polystyrene (paragraph 8077).
Concerning claim 27, Ingber discloses repellant surfaces comprising a substrate and a lubricating layer immobilized over the substrate surface having a lubricating liquid, where the lubricating layer and the substrate form a slippery or repellent surface (abstract). Ingber discloses the substrate may be a solid crosslinked polymer (paragraph 73). Ingber discloses the substrate surfaces can be functionalized for liquid repellency and can include polyethylene terephthalate (aromatic-aliphatic polyester) (paragraph 77). Ingber discloses the lubricating layer can include hydrocarbon oils (aliphatic compound) (paragraph 277). Ingber does not appear to explicitly teach the liquid contact angle hyteresis value or liquid sliding angle; however, substantially identical materials treated in a substantially identical manner are expected to have substantially identical properties. In the present case the liquid repellant surfaces is carried out using material and process conditions which are substantially identical to those disclosed by applicants. Therefore the liquid repellant surfaces discussed above would be expected to meet the claimed liquid contact angle hyteresis value or liquid sliding angle.
Concerning claim 28, Ingber discloses surfaces modified according to the present disclosure are capable of repelling and/or selectively binding particles in suspension or solution without causing surface adhesion, surface-mediated clot formation, coagulation, fouling, or aggregation (antifouling) (paragraph 8289).
Concerning claim 29, Ingber discloses repellant surfaces comprising a substrate and a lubricating layer immobilized over the substrate surface having a lubricating liquid, where the lubricating layer and the substrate form a slippery or repellent surface (abstract). Ingber discloses the substrate may be a solid crosslinked polymer (paragraph 73). Ingber discloses the substrate surfaces can be functionalized for liquid repellency and can include polyethylene terephthalate (aromatic-aliphatic polyester) (paragraph 77). Ingber discloses the lubricating layer can include hydrocarbon oils (aliphatic compound) (paragraph 277). Ingber does not appear to explicitly teach the liquid contact angle hyteresis value or liquid sliding angle; however, substantially identical materials treated in a substantially identical manner are expected to have substantially identical properties. In the present case the liquid repellant surfaces is carried out using material and process conditions which are substantially identical to those disclosed by applicants. Therefore the liquid repellant surfaces discussed above would be expected to meet the claimed liquid contact angle hyteresis value or liquid sliding angle.
Ingber does not appear to explicitly teach the lubricant impregnated into the polymer layer increases the liquid repellent slippery properties; however, substantially identical materials treated in a substantially identical manner are expected to have substantially identical properties. In the present case the liquid repellant surfaces is carried out using material and process conditions which are substantially identical to those disclosed by applicants. Therefore the liquid repellant surfaces discussed above would be expected to meet the claimed the liquid repellent slippery properties.
Claim Objections
6. Claims 24, 26 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 closest prior art does not teach or suggest the recited liquid repellent slippery surface further including where the monomer precursor is provided to be octamethylcyclotetrasiloxane. The closest prior art does not teach or suggest the recited liquid repellent slippery surface further including where the lubricant is provided to be a low molecular weight oligomer formed from the same monomer precursor which forms the polymer layer.
The prior art does not teach motivation or suggestion for modification to make the invention as instantly claimed.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lawrence Ferguson whose telephone number is 571-272-1522. The examiner can normally be reached on Monday through Friday 9:00 AM – 5:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Frank Vineis, can be reached on 571-270-1547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAWRENCE D FERGUSON/Examiner, Art Unit 1781