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
Response to Amendment
1. This action is in response to the amendment filed March 28, 2026.
Claim 23 and 25 were amended, claims 9-13 and 24 were cancelled, rendering claims 1-8, 23 and 25-29 pending.
Information Disclosure Statement
2. 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)
3. 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.
4. Claims 1-2, 5, 7-8 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).
Claim Rejections – 35 USC § 103
5. 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.
6. Claims 3-4, 6 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).
Allowable Claims
7. Claims 23 and 25-29 are allowed. 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 liquid repellent slippery surface further includes a lubricant formed concurrently with the polymer layer.
The prior art does not teach motivation or suggestion for modification to make the invention as instantly claimed.
Response to Arguments
8. Applicant’s argument of the rejection made under 35 U.S.C. 102(a)(1) as being anticipated by Ingber et al. (WO 2014014788) has been considered; however, is unpersuasive. Applicant argues Ingber does not disclose a lubricant impregnated into the polymer layer, since the lubricant layer of Ingber is a separate layer from the substrate. In response to Applicant’s argument, Ingber discloses a substrate with a microporous structure having the ability to retain a lubricating liquid and the lubricating liquid can mix with the crosslinked polymer of the substrate (paragraph 73 of Ingber).
Therefore, the rejection is maintained for reasons of record.
Applicant’s argument of the rejection made under 35 U.S.C. 103 as being unpatentable over Ingber et al. (WO 2014014788) has been considered; however, is unpersuasive. Applicant argues Ingber does not disclose a lubricant impregnated into the polymer layer, since the lubricant layer of Ingber is a separate layer from the substrate. In response to Applicant’s argument, Ingber discloses a substrate with a microporous structure having the ability to retain a lubricating liquid and the lubricating liquid can mix with the crosslinked polymer of the substrate (paragraph 73 of Ingber).
Therefore, the rejection is maintained for reasons of record.
Conclusion
9. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
10. 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
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