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 .
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 – 8, 15, 17 – 20 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Jiang et al. (US 2021/0169085) or, in the alternative, under 35 U.S.C. 103 as obvious over Jiang et al. (US 2021/0169085)
In regard to claim 1, Jian teaches antimicrobial phase-separable glass/polymer composite articles and methods of making the same (title). The composite is a composite of glass with copper [0036]. The composite glass is prepared from a glass precursor comprising SiO2, ZnO, Al2O3 etc., or their combinations [0037]. The polymer can comprise thermoplastic polymer, a cured polymer, etc., or combinations, and wherein the polymer can be brush-polymers (polymer brush) etc. [0074]. The polymers also comprise catalyst curable monomers, thermally curable monomers, radiation curable monomers and combinations [0075]. The composition undergoes heating/plasma treatment and thus provides the means of thermal curing [0087, 0095, 0121].
The glass can be in a particulate form having particle size of from 0.1 micrometers (100nm) and higher and thus provides nanostructures [0076]. Thus, the provision of a glass precursor and curable monomers/polymers which are combined and cured to provide the polymer/glass composite as claimed are provided and/or obvious. The glass and/or metal (or metal oxide) particle provides the substrate [0077].
In regard to claims 2 – 4, Jian provides the method wherein the composition includes compatibilizers such as organosilane compounds such as 3-aminopropyl triethoxysilane etc., which appears to provide silyl surface-anchoring agents of the claimed structure [0080]. For instance, 3-aminopropyl triethoxysilane is the compound in applicant’s inventive examples and thus appears would provide similar function of anchoring agent that binds the polymer to the substrate as claim [see 0188 of the specification].
In regard to claim 5, Jian provides the method having the claimed ingredients as previously stated.
In regard to claims 6 – 8, Jian provides the method wherein the silane comprises triethoxy group (i.e., C6 alkyloxy chain) which is alkyl chain comprising oxygen (O) and thus appears to provide the linking group of the claim.
In regard to claim 15, Jian provides the method wherein the nanostructure does not require the presence of hydrocarbon compounds besides the optional compatibilizer and thus appears would provide the amount of carbon as claimed.
In regard to claim 17, Jian provides the method which can comprise a combination of polymers which can be brush polymers [0074].
In regard to claims 18 – 20, Jian provides the substate having the claimed ingredients.
Claims 1, 5, 17, 18, 20 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Wardle et al. (US 2008/0075954) or, in the alternative, under 35 U.S.C. 103 as obvious over Wardle et al. (US 2008/0075954)
In regard to claim 1, Wardle teaches a polymer having nanostructures such as carbon nanotubes on the surface of a substrate which appears to provide brush polymer as claimed (abstract, Fig 1A). The composition provides a first and a second substrate with aligned nanostructures and in a joining surface [0007]. The structures have a diameter of 100nm or less [0013]. The composition comprises a substrate comprising a polymer material, metal, or fiber such as SiO2, Al2O3, carbon or a polymer [0108]. The substrate composition comprises prepegs such as fibers of carbon, epoxy, glass, thermoplastic polymers etc. [0154]. The prepegs are cured to form the nanocomposites [0136, 0174]. Thus, the polymeric brush attached to a substrate comprising pre-glass polymerizable precursor which is cured to provide a glass appears to be provided. SiO2 provides the glass precursor. Similarly, glass fibers appear to also provide pre-glass precursor.
In regard to claim 5, Wardle teaches the nanostructure having the claimed limitations as previously stated.
In regard to claims 17, 18, Wardle teaches the nanostructure having the claimed limitations.
In regard to claim 20, Wardle teaches the nanostructures having the particle size as claimed [0043, 0081].
Allowable Subject Matter
Claims 9 – 14, 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 following is a statement of reasons for the indication of allowable subject matter: The prior art fails to teach the process of claims 9, 10, 16 and the claims depended thereon, which are also objected to on the same basis.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAIWO OLADAPO whose telephone number is (571)270-3723. The examiner can normally be reached 8-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Prem Singh can be reached at 571-272-6381. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAIWO OLADAPO/Primary Examiner, Art Unit 1771
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