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
Applicant's election with traverse of claims 1, 2, 7, 8, 14-18 and 24-26 in the reply filed on 12/15/2025 is acknowledged. The traversal is on the ground(s) that the common technical feature between the groups are the limitations contained in claim 1. This is not found persuasive because the common technical feature between claims 1 and 27 is a ring-like shaped frame including a nanosized internal ring frame comprising platinum and an external gold nanoparticle frame, which is disclosed in KR2018-0013197.
Claims 27-34 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claims 1, 7, 14 and 24 are objected to because of the following informalities:
Claim 1: “porous-structured” should be “porous structure”.
Claim 7: “on inner space” should be “in the inner space”
Claim 14: “on inner space” should be “in the inner space”
Claim 24: “porous-structured” should be “porous structure”.
Appropriate correction is required.
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 2, 8 and 17 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 2 and 8 contain the limitation “the porous nano-size structure”. There is insufficient antecedent basis for this limitation in the claim. The term “nano-size structure” is not explicitly claimed and it is unclear if the limitation refers to the “frame-structured nanoparticle” of the preamble, the “nano-sized internal ring frame” or the “gold nanoparticle external frame”.
Claim 17 contains the limitation “which has a triangular to hexagonal structure”. It is unclear what the range of triangular to hexagonal structure would encompass from the standpoint of a shape or if “to” is misspelled as “or”. Clarification is required.
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.
Claims 1-2, 7-8, 14, 17-18 and 24-26 are rejected under 35 U.S.C. 102(a)(1)as being anticipated by Jang et al. (Fabrication of 2D Au Nanorings with Pt Framework, J. Am. Chem. Soc., 2014, 136, 17674-17680).
Regarding claim 1, Jang et al. discloses a ring-like shaped frame comprising an internal ring made of platinum and a gold external frame which surrounds the internal platinum ring. (Abstract and Fig. 1-2). The exterior gold ring would therefore meet the limitation of a “gold nanoparticle”. The outer gold ring-like shaped frame includes a central bore which would therefore meet the limitation of a “porous structure”.
Regarding claim 2, Jang et al. discloses a nanoframe comprising a nanoring of platinum surrounded by a nanoframe of gold. (Fig. 1-2). Therefore, both rings are nanoparticles are “entangled to each other” in view of the fact they form a unitary structure including both nanoring and nanoframe (i.e. nanoparticles) and provide a symmetric structure. Jang et al. further discloses that the structure permits near-IR Raman scattering. (page 17679, left col., last line).
Regarding claim 7, the bore included in the center of the nanoring (see Fig. 1-2). would meet the limitation of a “porous nanostructure positioned on the inner space of the ring-like shaped frame” as claimed.
Regarding claim 8, Jang et al. discloses a nanoframe comprising a nanoring of platinum surrounded by a nanoframe of gold. (Fig. 1-2). Therefore, both rings are nanoparticles are “entangled to each other” in view of the fact they form a unitary structure including both nanoring and nanoframe (i.e. nanoparticles) and provide a symmetric structure. Jang et al. further discloses that the structure permits near-IR Raman scattering. (page 17679, left col., last line).
Regarding claim 14, Jang et al. discloses a ring-like shaped frame comprising an internal ring made of platinum and a gold external frame which surrounds the internal platinum ring. (Abstract and Fig. 1-2). The exterior gold ring would therefore meet the limitation of a “gold nanoparticle”. The bore included in the center of the nanoring (see Fig. 1-2). would meet the limitation of a “porous nanostructure positioned on the inner space of the ring-like shaped frame” as claimed.
Regarding claim 17, the rings can have a hexagonal structure. (Fig. 2(e))
Regarding claim 18, Jang et al. discloses specific example with an inner diameter of 45 nm, an outer diameter of 129 nm and a thickness of 41 nm (page 17675, right col.) which lie within the presently claimed ranges and therefore disclose the ranges with sufficient specificity as to anticipate the claims. (MPEP 2131.03).
Regarding claims 24-26, the nanorings can be used to make SERS samples. (page 17679, left col., last line).
Allowable Subject Matter
Claims 15-16 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 does not disclose that the porous nanostructure located in the inner space of the platinum internal ring frame contains an inner part which comprises or consists of nanoparticles that are entangled to each other and an outer part which is connected to the ring-like shaped frame.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDRE F FERRE whose telephone number is (571)270-5763. The examiner can normally be reached M-F: 8 am to 4 pm ET.
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/ALEXANDRE F FERRE/Primary Examiner, Art Unit 1788 02/05/2026