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 Objections
Claims 2-9 and 11-14 objected to because of the following informalities:
Claims 2-9,11-14: “Method” is read as “The m
Claim 6 and 13: “to simulate the self-assembly” is read as “to simulate
Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sadati et al. (US 2023/0302722 A1).
Regarding Claim 1, Sadati et al. (US 2023/0302722 A1) discloses a method for fabricating acoustic metamaterials (Manufactured macroscopic structures with acoustic dampener applications are metamaterials; Para. 0059-0061, 0105), comprising:
designing an acoustic metamaterial structure based on skyrmion-like structures (Para. 0090,0124,0127; Fig. 39) for acoustic applications;
producing data for computationally simulating the designed acoustic metamaterial structure at a nanostructure level (Applying the continuum Landau-de Gennes model to computationally simulate the formation and arrangement; Para. 0092);
converting the produced data to a 3D printer-readable file (In structure since the 3D computer graphic software reads and scales the nanostructure pattern of the disclination lines; Para. 0093);
scaling the 3D printer-readable file to a desired structure size (Para. 0093-0094); and
3D printing the skyrmion-like acoustic metamaterials structure (Para. 0095-0096).
Regarding Claim 2, Sadati et al. disclose the method in accordance with claim 1, further comprising using predetermined materials for 3D printing, including at least one of flexible polymers and metals (Pliable polymer composition; Para. 0098).
Regarding Claim 3, Sadati et al. disclose the method in accordance with claim 1, wherein the desired structure size ranges from mm to cm scales (Micrometer, millimeter, and centimeter scale; Para. 0092).
Regarding Claim 5, Sadati et al. disclose the method in accordance with claim 1, wherein the designed acoustic metamaterial structure includes spherical shells in a hexagonal or cubic arrangement (Spherical shells with hexagon and cubic; Para. 0088-0089,0128,007).
Regarding Claim 6, Sadati et al. disclose the method in accordance with claim 1, wherein producing data includes using Landau-de Gennes mean-field theory to simulate the self-assembly of blue phase liquid crystals and their disclination networks and the conditions under which blue phase skyrmions can be formed and manipulated (Para. 0092).
Regarding Claim 7, Sadati et al. disclose the method in accordance with claim 1, wherein producing data includes using simulated nanoscale disclination networks (Para. 0092).
Regarding Claim 8, Sadati et al. disclose the method accordance with claim 1, further comprising producing a plurality of the skyrmion-like acoustic metamaterials structures for assembling into a composite acoustic architecture (Combinations of structures with different types on different surfaces is a composite; Para. 0071-0073).
Regarding Claim 9, Sadati et al. disclose the method in accordance with claim 1, wherein designing comprises designing an acoustic metamaterial structure based on the self-assembly of liquid crystal structures for skyrmion-like structures for use for acoustic applications (Structures based on DTC, which self assembles; Para. 0062).
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.
Claim(s) 4 and 10-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sadati et al. (US 2023/0302722 A1) in view of Mathur (US 9,390,702 B2).
Regarding Claim 4, Sadati et al. disclose the method in accordance with claim 1. Sadati et al. fails to explicitly disclose wherein the acoustic application for the metamaterials comprise at least one of sound focusing, sound attenuation, elastic/acoustic energy harvesting, and acoustic cloaking. However, Mathur (US 9,390,702 B2), wherein the acoustic application for the metamaterials comprise at least one of sound focusing, sound attenuation, elastic/acoustic energy harvesting, and acoustic cloaking (Mathur: Sound focusing; Col. 12, Lines Cloaking; Col. 5, Lines 35-40). Mathur and Sadati et al. are in similar fields comprising metamaterials. Modifying Sadati et al. with teachings of Mathur would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention wherein the acoustic application for the metamaterials comprise at least one of sound focusing, sound attenuation, elastic/acoustic energy harvesting, and acoustic cloaking for the purpose of the materials being common applications of acoustic metamaterials (Mathur: Col. 5, Lines 35-40).
Regarding claim 10, please note the rejection as set forth above with respect to claims 1 and 4. Claim 10 is rejected for similar reasons as claim 1 and 4; detailed discussion is omitted for brevity.
Regarding claim 11, please note the rejection as set forth above with respect to claims 2-3. Claim 11 is rejected for similar reasons as claim 2-3; detailed discussion is omitted for brevity.
Regarding claim 12, please note the rejection as set forth above with respect to claims 5. Claim 12 is rejected for similar reasons as claim 5; detailed discussion is omitted for brevity.
Regarding claim 13, please note the rejection as set forth above with respect to claims 6. Claim 11 is rejected for similar reasons as claim 6; detailed discussion is omitted for brevity.
Regarding claim 14, please note the rejection as set forth above with respect to claims 8. Claim 14 is rejected for similar reasons as claim 8; detailed discussion is omitted for brevity.
Regarding Claim 15, Sadati et al. (US 2023/0302722 A1) discloses acoustic metamaterials (Manufactured macroscopic structures with acoustic dampener applications are metamaterials; Para. 0059-0061,0105) comprising designed skyrmion-like acoustic metamaterials structure formed by 3D printing to a desired structure size (Para. 0090-0095). Sadati et al. fails to explicitly disclose with the acoustic metamaterials structure designed for at least one of sound focusing, sound attenuation, elastic/acoustic energy harvesting, and acoustic cloaking. However, Mathur (US 9,390,702 B2), wherein the acoustic application for the metamaterials comprise at least one of sound focusing, sound attenuation, elastic/acoustic energy harvesting, and acoustic cloaking (Mathur: Sound focusing; Col. 12, Lines Cloaking; Col. 5, Lines 35-40). Mathur and Sadati et al. are in similar fields comprising metamaterials. Modifying Sadati et al. with teachings of Mathur would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention wherein the acoustic application for the metamaterials comprise at least one of sound focusing, sound attenuation, elastic/acoustic energy harvesting, and acoustic cloaking for the purpose of the materials being common applications of acoustic metamaterials (Mathur: Col. 5, Lines 35-40).
Regarding Claim 16, Sadati et al. as modified by Mathur discloses acoustic metamaterials according to claim 15, wherein the structure design includes data produced for computationally simulating the designed acoustic metamaterial structure at a nanostructure level, and a 3D printer-readable file based on conversion of such produced data (Applying the continuum Landau-de Gennes model to computationally simulate the formation and arrangement; Para. 0092. Readable file in structure since the 3D computer graphic software reads and scales the nanostructure pattern of the disclination lines; Para. 0093).
Regarding claim 17, please note the rejection as set forth above with respect to claims 2. Claim 17 is rejected for similar reasons as claim 2; detailed discussion is omitted for brevity.
Regarding claim 18, please note the rejection as set forth above with respect to claims 3. Claim 18 is rejected for similar reasons as claim 3; detailed discussion is omitted for brevity.
Regarding claim 19, please note the rejection as set forth above with respect to claims 5. Claim 19 is rejected for similar reasons as claim 2-3; detailed discussion is omitted for brevity.
Regarding claim 20, please note the rejection as set forth above with respect to claims 8. Claim 20 is rejected for similar reasons as claim 8; detailed discussion is omitted for brevity.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US-10969642-B2, US-11145805-B2, US-11744162-B2, US-20210367577-A1, and the following non-patents:
Gardiner A, Daly P, Domingo-Roca R, Windmill JFC, Feeney A, Jackson-Camargo JC. Additive Manufacture of Small-Scale Metamaterial Structures for Acoustic and Ultrasonic Applications. Micromachines. 2021; 12(6):634. https://doi.org/10.3390/mi12060634
MartÃ-nez-González, J., Li, X., Sadati, M. et al. Directed self-assembly of liquid crystalline blue-phases into ideal single-crystals. Nat Commun 8, 15854 (2017). https://doi.org/10.1038/ncomms15854
Yokouchi, T., Sugimoto, S., Rana, B. et al. Creation of magnetic skyrmions by surface acoustic waves. Nat. Nanotechnol. 15, 361-366 (2020). https://doi.org/10.1038/s41565-020-0661-1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER B OLSON whose telephone number is (571)272-3041. The examiner can normally be reached Monday - Friday, 8:00am -4:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dedei Hammond can be reached at (571)270-7938. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JENNIFER B OLSON/Examiner, Art Unit 2837
/DEDEI K HAMMOND/Supervisory Patent Examiner, Art Unit 2837
Prosecution Insights