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 .
Specification
The disclosure is objected to because of the following informalities: The disclosure refers to Table 1 [0037], Table 2 [0049] and Table 3 [0055] (per the PgPUB) however the tables are not labelled as Table 1, 2 and 3. For purposes of examination, the table presented below the noted paragraph will be assumed to be the noted table.
Appropriate correction is required.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: Claims 5 and 6 claim the “occupancy of the fiber” and “occupancy of the coating film”. The specification does not define or describe the term “occupancy” such that one of ordinary skill in the art would understand what the term means. The specification describes “occupancy” in [0057] (of PgPUB) as “coverage, which is the occupancy of the film is a proportion of the area occupied by the coating film per unit area. As described above, the coverage is preferably 50-100%. At this time, the occupancy of fiber is preferably 5% to 50%.”
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 5 and 6 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 5 and 6 recite the occupancy of the fiber is 5-50% and occupancy of the coating is 50-100%. It is not clear what the term occupancy means and what the percentage is referring to. As the percent occupancy of the fiber is 5-50% with 5% being the minimum is it not clear how the coating film can occupy 100%. A known term to describe nanofiber webs or networks is porosity. It is not clear if occupancy is the same as porosity. The specification appears to equate the term “coverage” with “occupancy”.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999).
For purposes of examination, the term “occupancy” in claim 5 and 6 is used by the claim to mean “porosity,” or “pore size,” while the accepted meaning is “occupying a place.” The term is indefinite because the specification does not clearly redefine the term.
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.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gu et al (CN 105527014).
Gu is directed to a flexible vibration sensor manufacturing method based on PVDF nano fiber. Gu teaches the PVDF nano fiber is nanometer fiber layer PVDF silicon chip by known electrostatic spinning. Gu teaches a sealing layer and the base material layer are be polydimethyl siloxane PDMS colloid, wherein by using coating technology, a PVDF nano fiber is transferred to the base layer (5) of PDMS film layer, using soaking coating technology, taking polydimethyl siloxane PDMS colloid sealing the electrode main body at its outside surface (ABST).
Gu teaches said flexible vibration sensor based on PVDF nanofiber manufacturing method that comprises an electrode main body and a PDMS encapsulating layer. The PDMS substrate, PVDF nanofiber, the interdigital electrode. The PDMS layer is dimethyl silicone polymer (page 2 of machine translation, paragraph 4).
The material of the base layer (5) is polydimethylsiloxane PDMS colloid material. The PVDF nanofiber (1) and interdigital electrode (2) and connected to output electrode (3). (4) is a bottom encapsulation layer (page 2, para 5).
Gu anticipates a thin film, layer (1) that is a PVDF nanofiber that has a coating film, layer (5) on the surface of the nanofiber layer. The PDMS film layer is formed using soaking coating technology taking the polydimethyl siloxane PDMS colloid. The coating process comprises: adopting coating techniques, the PVDF nano fibre is transferred to PDMS film layer of the base layer (5);
The method includes step 1 of electrostatic spinning the PVDF layer and step 2 of transferring the PVDF nanofiber to the PDMS colloid culture dish (page 2, para 4). Then the PVDF nanofiber and PDMS are transferred to the substrate (5), followed by making the interdigital electrode.
As to claim 2, Gu teaches the fiber layer is made by electrospinning method.
As to claim 3, Gu teaches the fiber is made from PVDF and the coating is made from PDMS.
As to claim 4, Gu teaches an interdigital electrode (2). The PDMS colloid encapsulates the outer surface of the electrode body, via dip coating (page 4, lines 7). Then the interdigital electrode layer 2 is made by steps 3 and 4, as shown in Fig. 2 (of the original CN document), is made by mask plate (page 4, para 4-6) and installing the guide electrode. The electrode is equated with a conductive film is partially formed on the coating film via the interdigitated pattern.
Claim Rejections - 35 USC § 103
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 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Gu et al (CN 105527014) in view of Tricoli et al (US 20170100912).
As to claims 5 and 6, Gu does not teach the occupancy of the fiber nor the occupancy of the coating film. As noted under the 112(b) rejection, occupancy is equated with porosity or pore size. As the PDMS film of Gu is applied via dip coating, the PDMS film would inherently cover the fibers 100% and have 100% coverage or occupancy. Additionally, the PDMS film, 5, of Gu is a film would inherently have 100% coverage as it is not taught or suggest to be a porous film or mesh film. Gu overlaps the claimed range of a film with 100% coverage.
Tricoli is directed to a film. The film is for attaching a nanostructured material to a surface of a substrate comprising a removable support, attaching layer for the film to a surface of the substrate and material directly coupled to the support and the attaching layer. The film has high specific surface area for providing properties such as super-hydrophobicity. The film is used for a conductive electrode (ABST); [0007] . The film is attached to a nanostructure [0011], [0022] and the nanostructure is a support structure that can be made from a nanofiber made from electrospinning [0053]. The material has high specific surface area (SSA) [0144] and SSA is measured by nitrogen absorption with an porosity of 30%, 35%, 40%, 50% [0145]-[0146]. The porosity affects the surface contact and surface area.
It would have been obvious to one of ordinary skill in the art before the effective filing date to produce a conductive electrode with the desired porosity (occupancy) motivated to produce an electrode with high specific surface area.
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Gu et al (CN 105527014) in view of Chen et al (US 20060094320).
As to claims 5 and 6, Gu does not teach the occupancy of the fiber nor the occupancy of the coating film. As noted under the 112(b) rejection, occupancy is equated with porosity or pore size. As the PDMS film of Gu is applied via dip coating, the PDMS film would inherently cover the fibers 100%. Additionally, the PDMS film, 5, of Gu is a film that would inherently have 100% coverage as it is not taught or suggest to be a porous film or mesh film.
Gu is silent with regard to the occupancy or porosity of the nanofiber layer.
Chen is directed to a medical nanofiber layer made by electrospinning. Electrospinning is the same method as taught in Gu and claimed. Chen teaches the porosity of the nanofiber layer have high porosity, at least about 20% with relatively low pore sizes. The electrospun material is about 10-95% [0080]. Chen teaches the nanofiber webs are useful for medical goods, absorbent products and filters for example medical or surgical good including sterile wraps, wound covers, hemostatic articles, breathable barriers [0082].
It would have been obvious to one of ordinary skill in the art before the effective filing date to produce a nanofiber layer with the claimed occupancy motivated to produce a nanofiber layer with the desired amount of breathability.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER A STEELE whose telephone number is (571)272-7115. The examiner can normally be reached 9-5:30.
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/JENNIFER A STEELE/Primary Examiner, Art Unit 1789