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 .
Election/Restrictions
Claims 9-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 22 APR 2026.
Applicant's election with traverse of Claims 1-8 in the reply filed on 22 APR 2026 is acknowledged. The traversal is on the ground(s) that the claims of Group I and the claims of Group II define a single invention, with the method of making being a special technical feature which links both sets of claims. This is not found persuasive because the application is filed under US practice, not international practice. Special technical features being a condition for unity is an international practice requirement and not applicable in the instant application under US practice.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 102
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 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 KR ‘030 (KR 20110127030, citations from attached machine translation).
Claim 1 – KR ‘030 teaches a method for manufacturing a palm trunk-like hierarchical nanostructure, the method comprising the steps of: sequentially depositing metal and zinc oxide onto a substrate (page 4, paragraph 6, beginning “Looking in reference to Figure 4,…), ; and heating the substrate coated with metal and zinc oxide in an aqueous solution of zinc nitrate hydrate and a heterocyclic compound to grow zinc oxide (page 4, paragraph 7, beginning “to form the nanorods grown…).
Claim 2 – KR ‘030 teaches the method of claim 1, wherein the substrate is prepared from glass (page 4, paragraph 6) or silicon (page 2, paragraph 4, beginning with “transparent substrate 101…”).
Claim 3 – KR ‘030 teaches the method of claim 1, wherein the zinc nitrate hydrate is at least one selected from the group consisting of zinc nitrate dihydrate, zinc nitrate tetrahydrate, zinc nitrate hexahydrate, and zinc nitrate nonahydrate (page 4, paragraph 7; aqueous zinc nitrate will form hydrate stabilization structures).
Claim 4 – KR ‘030 teaches the method of claim 1, wherein the heterocyclic compound may be hexamethylenetetramine (HMTA) (page 4, paragraph 7).
Claim 5 – KR ‘030 teaches the method of claim 1, wherein the deposition may be performed using physical vapor deposition (PVD) (page 4, paragraph 6, thermal evaporation deposition is PVD).
Claim 6 – KR ‘030 teaches the method of claim 1, wherein the heating is carried out at 90 to 95 degrees C (page 4, paragraph 7).
Claim 7 – KR ‘030 teaches the method of claim 1, wherein the heating is carried out for 3 to 12 hours (page 4, paragraph 7).
Claim 8 – KR ‘030 teaches the method of claim 1, further comprising a step of immobilizing a bioreceptor after the growth of zinc oxide (page 2, paragraph 8, beginning with “case of coating a biomolecule…”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL G MILLER whose telephone number is (571)270-1861. The examiner can normally be reached M-F 9:00-5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Cleveland can be reached at 571-272-1418. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL G MILLER/ Primary Examiner, Art Unit 1712
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