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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The term “bioinspired coatings” does not reflect the claimed invention. The following title is suggested; however, any title that actually reflects the claimed invention is also acceptable: “Protective coating comprising heat-absorbing materials and structures comprising the coating for thermal management.”
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, 4-12, 16, 20, 22 and 28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KISAILUS (US-2021/0253875)
Claim 1: Kisailus teaches a thermally protective material comprising heat absorbing elements, wherein the heat absorbing elements are comprised of a metastable or a thermally stable material, i.e. TiO2 or calcium oxalate (para. 0089 and claims 1 and 13-14).
Claim 2: Kisailus teaches the protective material further comprising a heat absorbing matrix, i.e. intumescent coating comprising thermally modifiable polymer matrix including wax or PVA (para. 0042, 0084; and claim 4) having heat dissipating pathways (i.e. phonon pathways, para. 0087) and insulating spacers between said
pathways, which are interlayers of pores filled with gas (para. 0009 & 0042) wherein the heat absorbing elements (particles of TiO2 or calcium oxalate) are disposed on or at least a portion thereof is embedded within the heat absorbing matrix, wherein the heat absorbing matrix is configured to separate the heat absorbing elements from each
other. It is noticed that some paragraphs of the description of the reference are ambiguous. However, Kisailus applies the same “bioinspired” coatings as those disclosed in the instant specification, because Kisailus approaches the same Banksia speciosa model to arrive at the protective coatings as that of the claimed invention (Kisailus, para. 0010-0018 and Figures 1-2 and 7-8).
Claim 4: The insulating spacers are formed as “intumescent bubbles” or pores filled with gas (para. 0042) and thus they are varied in size.
Claims 5-6: Because the insulating spacers are generated as pores filled with gas or “intumescent bubbles”, they are larger near to the heat absorbing element and smaller further away from the heat absorbing elements as the further the distance from the heat absorbing elements, the pores get smaller (para. 0042 and 0065). In similar fashion, the pathways are narrower further away from the heat absorbing elements and thicker closer to the heat absorbing elements.
Claim 7: Kisailus teaches the protective material further comprising a separator, which is a bilayer coatings comprising of additional organic layer that physically separates the heat absorbing elements from the heat absorbing matrix (para. 0042 & 0052) .
Claim 8: The protective material is adapted to be applied on an article, i.e. substrate, such that the heat absorbing elements are further away from the article due to the multimodal coating (para. 0076 and 0084; and claim 5).
Claim 9: Kisailus teaches that thin coatings composed of metastable material (i.e. the heat-absorbing elements) on the substrate that will absorb heat through endothermic reactions leading to phase transition (para. 0042) and thus the heat absorbing elements have anisotropic thermal conductivity.
Claims 10-12: The heat absorbing elements being calcium oxalate (Kisailus, claim 14); therefore, the properties delineated in claims 10-12 are deemed inherent characteristics of calcium oxalate.
Claim 16: The heat-absorbing element (i.e. calcium oxalate) is crystalline (para. 0085 & 0099).
Claims 20 and 22: The protective material of claim 1, wherein the heat absorbing elements are configured to undergo degradation to dissipate heat and propagate heat in a direction away from the article/substrate (para. 0045, 0052, and 0076; and claims 1, 9 and 12).
Claim 28: Kisailus teaches the protective coating being modeled after Banksia speciosa cone (para. 0018-0019 and figures 7-10). Thus, the metastable material in the coating (i.e. calcium oxalate) assume protrusions projecting from the coated article.
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.
Claims 29-30, 38 and 46 are rejected under 35 U.S.C. 103 as being unpatentable over Kisailus.
Claims 29-30: Kisailus teaches a heat protective coating that is configured to undergo intumescent expansion upon heating and comprising interlayers of pores filled with gas to reduce thermal conduction (para. 0007-0009), which functions are appropriate for a heat exchanger. Therefore, the POSITA would be motivated to utilize the multimodal protective coating of Kisailus in a heat sink.
Claims 38 and 46: Kisailus teaches a heat protective material comprising a heat absorbing layer disposed on the article, and thermally conductive protrusions (i.e. banksia speciosa cone of Figures 7-9) that are dispersed on or in contact with the heat absorbing layer (Kisailus, 0007-0010). Thus, the POSITA would have found it obvious to apply the multimodal coatings of Kisailus in thermal management.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOA (Holly) LE whose telephone number is (571)272-1511. The examiner can normally be reached Monday to Friday, 10:00 am to 7:00 pm.
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, Alicia Chevalier can be reached at 571-272-1490. 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.
/HOA (Holly) LE/Primary Examiner, Art Unit 1788