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 .
Status of the Claims
The Amendment filed August 13, 2026 has been entered. Claims 1-3, 5, 11-14, and 17-19 have been amended; claims 4 and 8 have been withdrawn; and claim 9 has been cancelled. Claims 1-3, 5-7 and 10-20 are currently examined herein.
Status of the Rejection
Applicant’s amendment to the specification has overcome the objection to specification mailed on July 1, 2026.
Applicant’s amendments to the Claims have overcome each objection and 112(b) rejections previously set forth in the Non-Final Office Action mailed July 1, 2026.
New grounds of claim objection are necessitated by the amendment as outlined below.
All 35 U.S.C. § 103 rejections from the previous office action are withdrawn in view of the Applicant’s amendment.
New grounds of rejection under 35 U.S.C. § 103 are necessitated by the amendments as outlined below.
Claim Objection
Claims 3, 12 and 18 are objected to because of the following informalities:
Claim 3: please amend “wherein the polymers are embedded with the miniscule-sized particles include miniscule-sized particles comprising” to --wherein comprise--.
Claim 12: please amend “wherein the polymers embedded with the miniscule-sized particles include miniscule-sized particles having” to -- wherein have--.
Claim 18: please amend “wherein the polymers are embedded with the miniscule-sized particles comprising” to --wherein comprise--.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3, 7, 10-13, 16-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhitomirsky (US20210149184A1), and in view of Shen et al. (Enhanced dielectric and hydrophobic properties of poly(vinylidene fluoride-trifluoroethylene)/TiO2 nanowire arrays composition film surface modified by electrospinning, Polymers, 2021, 13(105), 1-12). Jolivet et al. (Structural, optical, and electrical properties of TiO2 thin films deposited by ALD: Impact of the substrate, the deposited thickness and the deposition temperature, Applied Surface Science, 2023, 608, 155214) is an evidence for claims 2, 12 and 17.
Regarding claim 1, Zhitomirsky teaches a device (an active EWOD device as shown in Fig.2 [para. 0017]), comprising:
a substrate (a plurality of driving electrodes 205 are disposed on the substrate [para. 0017; Fig.2]);
an electrode layer configured on top of the substrate (a plurality of driving electrodes 205 are disposed on the substrate [para. 0017; Fig.2]).;
a dielectric layer configured on the electrode layer (a dielectric layer 208 disposed on the electrode layer 205 as shown in Fig.2 [para. 0017]);
a top plate (top electrode 206 and top hydrophobic layer 207 in Fig.2 [para. 0020]); and
a micro-fluidic channel configured between the top plate and the dielectric layer (Fig.2 shows a microfluidic channel filled with an oil 202 and at least one aqueous droplet 204 disposed between the top plate and the dielectric layer, and the cell spacer is typically in the range 50 to 200 μm [para. 0017]).
Zhitomirsky is silent to wherein the dielectric layer comprises polymers embedded with miniscule-sized particles and has a graded concentration of the miniscule-sized particles with a concentration near the electrode layer being higher than the concentration near a top surface of the dielectric layer.
Shen teaches an EWOD device as shown in Fig.1 comprising a hydrophobic layer arranged on a dielectric layer which is disposed on an electrode layer. Shen further teaches wherein the dielectric layer comprises polymers embedded with miniscule-sized particles (TiO2 nanowire arrays embedded in polymers of PVTNF-PVT, as shown in Fig.2) and has a graded concentration of the miniscule-sized particles with a concentration near the electrode layer being higher than the concentration near a top surface of the dielectric layer (Fig.2 shows TiO2 nanowire arrays are embedded in a spin-coated P(VDF-TrFE) layer at 180 oC heat treatment, followed by electrospinning another top layer of P(VDF-TrFE). Thus, the formed dielectric layer has a graded concentration of the miniscule-sized particles with a concentration near the electrode layer [FTO glass] being higher than the concentration near the top surface of the dielectric layer [the top P(VDF-TrFE) layer without TiO2]). Note that the combined lower layer of P(VDF-TrFE) and the top layer of P(VDF-TrFE) is deemed as the dielectric layer of P(VDF-TrFE) since both layers are made of the same material of P(VDF-TrFE).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the dielectric layer of the EWOD device of Zhitomirsky with a composite dielectric layer comprising polymers of PVTNF-PVT embedded with miniscule-sized particles (TiO2 nanowire arrays) and has a graded concentration of the miniscule-sized particles with a concentration near the electrode layer being higher than the concentration near a top surface of the dielectric layer, as taught by Shen, since the composite dielectric layer would enhance both the permittivity and contact angle of the EWOD (abstract in Shen).
Regarding claim 2, modified Zhitomirsky teaches the device of claim 1, wherein the polymers embedded with the miniscule-sized particles include the miniscule-sized particles having a dielectric constant in a range of 7.5 to 110 (As evidenced by Jolivet: TiO-2 has dielectric constant between 80 and 110 in the rutile phase or between 40 and 55 in anatase phase [the 2nd paragraph in Col. 2 on page 1]; Furthermore, Table 1 of instant specification also lists the dielectric constant of TiO2 is between 80-110).
Regarding claim 3, modified Zhitomirsky teaches the device of claim 1, wherein the polymers are embedded with the miniscule-sized particles include miniscule-sized particles comprising TiO2 (as outlined in the rejection of claim 1 above, the miniscule-sized particles comprise TiO2).
Regarding claim 7, modified Zhitomirsky teaches the device of claim 1, and “wherein the miniscule-sized particles are embedded in the dielectric layer using at least one of spray coating, spin coating, and dip coating” is a product by process claim. The determination of patentability is based upon the product or apparatus structure itself. Patentability does not depend on its method of production or formation. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (see MPEP § 2113). In instant case, there is no evidence the steps of the recited process impart any additional structure on the miniscule-sized particles that is not already present or substantially similar to that of modified Zhitomirsky. Furthermore, Examiner notes that Shen does teach spin-coating P(VDF-TrFE) polymers on the TiO2 nanowire array, as shown in Fig.2.
Regarding claim 10, modified Zhitomirsky teaches the device of claim 1, and Zhitomirsky teaches further comprising a hydrophobic layer on top of the dielectric layer (a hydrophobic layer 207 on top of the dielectric layer 208 as shown in Fig.2).
Regarding claim 11, Zhitomirsky teaches an electrowetting on dielectric device (EWOD) (an EWOD as shown in Fig.2 [para. 0017]), comprising:
a substrate (a plurality of driving electrodes 205 are disposed on the substrate [para. 0017; Fig.2]);
an electrode layer configured on top of the substrate (a plurality of driving electrodes 205 are disposed on the substrate [para. 0017; Fig.2]).;
a dielectric layer configured on the electrode layer (a dielectric layer 208 disposed on the electrode layer 205 as shown in Fig.2 [para. 0017]);
a top plate (top electrode 206 and top hydrophobic layer 207 in Fig.2 [para. 0020]);
a micro-fluidic channel configured between the top plate and the dielectric layer (Fig.2 shows a microfluidic channel filled with an oil 202 and at least one aqueous droplet 204 disposed between the top plate and the dielectric layer, and the cell spacer is typically in the range 50 to 200 μm [para. 0017]); and
a hydrophobic layer on top of the dielectric layer (bottom hydrophobic layer 207 on top of the dielectric layer 208 in Fig.2 [para. 0017]).
Zhitomirsky is silent to wherein the dielectric layer comprises polymers embedded with miniscule-sized particles and has a graded concentration of the miniscule-sized particles with a concentration near the electrode layer being higher than the concentration near a top surface of the dielectric layer.
Shen teaches an EWOD device as shown in Fig.1 comprising a hydrophobic layer arranged on a dielectric layer which is disposed on an electrode layer. Shen further teaches wherein the dielectric layer comprises polymers embedded with miniscule-sized particles (TiO2 nanowire arrays embedded in polymers of PVTNF-PVT, as shown in Fig.2) and has a graded concentration of the miniscule-sized particles with a concentration near the electrode layer being higher than the concentration near a top surface of the dielectric layer (Fig.2 shows TiO2 nanowire arrays are embedded in a spin-coated P(VDF-TrFE) layer at 180 oC heat treatment, followed by electrospinning another top layer of P(VDF-TrFE). Thus, the formed dielectric layer has a graded concentration of the miniscule-sized particles with a concentration near the electrode layer [FTO glass] being higher than the concentration near the top surface of the dielectric layer [the top P(VDF-TrFE) layer without TiO2]). Note that the combined lower layer of P(VDF-TrFE) and the top layer of P(VDF-TrFE) is deemed as the dielectric layer of P(VDF-TrFE).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the dielectric layer of the EWOD device of Zhitomirsky with a composite dielectric layer comprising polymers of PVTNF-PVT embedded with miniscule-sized particles (TiO2 nanowire arrays) and has a graded concentration of the miniscule-sized particles with a concentration near the electrode layer being higher than the concentration near a top surface of the dielectric layer, as taught by Shen, since the composite dielectric layer would enhance both the permittivity and contact angle of the EWOD (abstract in Shen).
Regarding claim 12, modified Zhitomirsky teaches the EWOD of claim 11, wherein the polymers embedded with the miniscule-sized particles include miniscule-sized particles having a dielectric constant in a range of 7.5 to 110 (As evidenced by Jolivet: TiO-2 has dielectric constant between 80 and 110 in the rutile phase or between 40 and 55 in anatase phase [the 2nd paragraph in Col. 2 on page 1]; Furthermore, Table 1 of instant specification also lists the dielectric constant of TiO2 is between 80-110).
Regarding claim 13, modified Zhitomirsky teaches the EWOD of claim 11, wherein the polymers are embedded with the miniscule-sized particles comprising TiO2 (as outlined in the rejection of claim 11 above, the miniscule-sized particles comprise TiO2).
Regarding claim 16, modified Zhitomirsky teaches the EWOD of claim 11, “wherein the miniscule-sized particles are embedded in the dielectric layer using at least one of spray coating, spin coating, and dip coating” is a product by process claim. The determination of patentability is based upon the product or apparatus structure itself. Patentability does not depend on its method of production or formation. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (see MPEP § 2113). In instant case, there is no evidence the steps of the recited process impart any additional structure on the miniscule-sized particles that is not already present or substantially similar to that of modified Zhitomirsky. Furthermore, Examiner notes that Shen does teach spin-coating P(VDF-TrFE) polymers on the TiO2 nanowire array, as shown in Fig.2.
Regarding claim 17, Zhitomirsky teaches an electrowetting on dielectric (EWOD) system (a digital microfluidic [DMF] system as shown in Fig.2 [para. 0014, 0017]), comprising:
a substrate (a plurality of driving electrodes 205 are disposed on the substrate [para. 0017; Fig.2]);
an electrode layer configured on top of the substrate (a plurality of driving electrodes 205 are disposed on the substrate [para. 0017; Fig.2]).;
a dielectric layer configured on the electrode layer (a dielectric layer 208 disposed on the electrode layer 205 as shown in Fig.2 [para. 0017]);
a top plate (top electrode 206 and top hydrophobic layer 207 in Fig.2 [para. 0020]); and
a micro-fluidic channel configured between the top plate and the dielectric layer (Fig.2 shows a microfluidic channel filled with an oil 202 and at least one aqueous droplet 204 disposed between the top plate and the dielectric layer, and the cell spacer is typically in the range 50 to 200 μm [para. 0017]).
Zhitomirsky is silent to wherein the dielectric layer comprises polymers embedded with miniscule-sized particles having a dielectric constant in a range of 7.5 to 110 and has a graded concentration of the miniscule-sized particles with a concentration near the electrode layer being higher than the concentration near a top surface of the dielectric layer.
Shen teaches an EWOD device as shown in Fig.1 comprising a hydrophobic layer arranged on a dielectric layer which is disposed on an electrode layer. Shen further teaches wherein the dielectric layer comprises polymers embedded with miniscule-sized particles (TiO2 nanowire arrays embedded in polymers of PVTNF-PVT, as shown in Fig.2) and has a graded concentration of the miniscule-sized particles with a concentration near the electrode layer being higher than the concentration near a top surface of the dielectric layer (Fig.2 shows TiO2 nanowire arrays are embedded in a spin-coated P(VDF-TrFE) layer at 180 oC heat treatment, followed by electrospinning another top layer of P(VDF-TrFE). Thus, the formed dielectric layer has a graded concentration of the miniscule-sized particles with a concentration near the electrode layer [FTO glass] being higher than the concentration near the top surface of the dielectric layer [the top P(VDF-TrFE) layer without TiO2]). Note that the combined lower layer of P(VDF-TrFE) and the top layer of P(VDF-TrFE) is deemed as the dielectric layer of P(VDF-TrFE).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the dielectric layer of the EWOD device of Zhitomirsky with a composite dielectric layer comprising polymers of PVTNF-PVT embedded with miniscule-sized particles (TiO2 nanowire arrays) and has a graded concentration of the miniscule-sized particles with a concentration near the electrode layer being higher than the concentration near a top surface of the dielectric layer, as taught by Shen, since the composite dielectric layer would enhance both the permittivity and contact angle of the EWOD (abstract in Shen).
As evidenced by Jolivet: TiO-2 has dielectric constant between 80 and 110 in the rutile phase or between 40 and 55 in anatase phase [the 2nd paragraph in Col. 2 on page 1]. Furthermore, Table 1 of instant specification also lists the dielectric constant of TiO2 is between 80-110.
Regarding claim 18, modified Zhitomirsky teaches the system of claim 17, wherein the polymers are embedded with the miniscule-sized particles comprising TiO2 (as outlined in the rejection of claim 17 above, the miniscule-sized particles comprise TiO2).
Regarding claim 20, modified Zhitomirsky teaches the system of claim 17, and “wherein the miniscule-sized particles are embedded in the dielectric layer using at least one of spray coating, spin coating, and dip coating” is a product by process claim. The determination of patentability is based upon the product or apparatus structure itself. Patentability does not depend on its method of production or formation. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (see MPEP § 2113). In instant case, there is no evidence the steps of the recited process impart any additional structure on the miniscule-sized particles that is not already present or substantially similar to that of modified Zhitomirsky. Furthermore, Examiner notes that Shen does teach spin-coating P(VDF-TrFE) polymers on the TiO2 nanowire array, as shown in Fig.2.
Claims 5-6, 14-15 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhitomirsky and Shen, as applied to claims 1, 11, and 17 above, and further in view of Hou et al. (Multiscale interface effect on homogeneous dielectric structure of ZrO2/Teflon nanocomposite for electrowetting application, Polymers, 2018, 10, 1119).
Regarding claim 5, modified Zhitomirsky teaches the device of claim 1, and is silent to wherein the miniscule-sized particles are coated with materials with a hydrophobicity comparable to the hydrophobicity of the polymers.
Hou teaches an EWOD as shown in Scheme 1 comprising mZrO2/AF1600 as a composite dielectric layer, wherein the ZrO2 nanoparticles are modified via surface coupling reaction of fluorinated silane coupling agent (see scheme 2 and section 2.2). Thus, Hou teaches wherein the miniscule-sized particles are ZrO2 nanoparticles coated with silane-based compounds with a hydrophobicity comparable to the hydrophobicity of the polymers (Teflon AF 1600) since both rely on low-surface-energy fluorine atoms to repel water.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the dielectric material of P(VDF-TrFE) of the dielectric layer of modified Zhitomirsky with Telfon AF1600, and further substitute the TiO2 material of the miniscule-sized particles with ZrO2 nanoparticles, wherein the ZrO2 nanoparticles are coated with materials (fluorinated silane) with a hydrophobicity comparable to the hydrophobicity of the polymers, as taught by Hou, since Hou teaches a suitable alternative dielectric layer for EWOD applications (schemes 1 and 2 and section 2.2).
Regarding claim 6, modified Zhitomirsky teaches the device of claim 1, and is silent to wherein the miniscule-sized particles are coated with at least one of silanes, silane- based compounds, and polyethylene.
Hou teaches a EWOD as shown in Scheme 1 comprising mZrO2/AF1600 as a composite dielectric layer, wherein the ZrO2 nanoparticles are modified via surface coupling reaction of fluorinated silane coupling agent (see scheme 2 and section 2.2). Thus, Hou teaches wherein the miniscule-sized particles are ZrO2 nanoparticles coated with silane-based compounds.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the dielectric material of P(VDF-TrFE) of the dielectric layer of modified Zhitomirsky with Telfon AF1600, and further substitute the TiO2 material of the miniscule-sized particles with ZrO2 nanoparticles, wherein the ZrO2 nanoparticles are coated with fluorinated silane, as taught by Hou, since Hou teaches a suitable alternative dielectric layer for EWOD applications (schemes 1 and 2 and section 2.2).
Regarding claim 14, modified Zhitomirsky teaches the EWOD of claim 11, and is silent to wherein the miniscule-sized particles are coated with materials with a hydrophobicity comparable to the hydrophobicity of the polymers.
Hou teaches an EWOD as shown in Scheme 1 comprising mZrO2/AF1600 as a composite dielectric layer, wherein the ZrO2 nanoparticles are modified via surface coupling reaction of fluorinated silane coupling agent (see scheme 2 and section 2.2). Thus, Hou teaches wherein the miniscule-sized particles are ZrO2 nanoparticles coated with silane-based compounds with a hydrophobicity comparable to the hydrophobicity of the polymers (Teflon AF 1600) since both rely on low-surface-energy fluorine atoms to repel water.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the dielectric material of P(VDF-TrFE) of the dielectric layer of modified Zhitomirsky with Telfon AF1600, and further substitute the TiO2 material of the miniscule-sized particles with ZrO2 nanoparticles, wherein the ZrO2 nanoparticles are coated with materials (fluorinated silane) with a hydrophobicity comparable to the hydrophobicity of the polymers, as taught by Hou, since Hou teaches a suitable alternative dielectric layer for EWOD applications (schemes 1 and 2 and section 2.2).
Regarding claim 15, modified Zhitomirsky teaches the EWOD of claim 11, and is silent to wherein the miniscule-sized particles are coated with at least one of silanes, silane- based compounds, and polyethylene.
Hou teaches a EWOD as shown in Scheme 1 comprising mZrO2/AF1600 as a composite dielectric layer, wherein the ZrO2 nanoparticles are modified via surface coupling reaction of fluorinated silane coupling agent (see scheme 2 and section 2.2). Thus, Hou teaches wherein the miniscule-sized particles are ZrO2 nanoparticles coated with silane-based compounds.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the dielectric material of P(VDF-TrFE) of the dielectric layer of modified Zhitomirsky with Telfon AF1600, and further substitute the TiO2 material of the miniscule-sized particles with ZrO2 nanoparticles, wherein the ZrO2 nanoparticles are coated with fluorinated silane, as taught by Hou, since Hou teaches a suitable alternative dielectric layer for EWOD applications (schemes 1 and 2 and section 2.2).
Regarding claim 19, modified Zhitomirsky teaches the system of claim 17, and is silent to wherein the miniscule-sized particles are coated with materials with a hydrophobicity comparable to the hydrophobicity of the polymers.
Hou teaches an EWOD as shown in Scheme 1 comprising mZrO2/AF1600 as a composite dielectric layer, wherein the ZrO2 nanoparticles are modified via surface coupling reaction of fluorinated silane coupling agent (see scheme 2 and section 2.2). Thus, Hou teaches wherein the miniscule-sized particles are ZrO2 nanoparticles coated with silane-based compounds with a hydrophobicity comparable to the hydrophobicity of the polymers (Teflon AF 1600) since both rely on low-surface-energy fluorine atoms to repel water.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the dielectric material of P(VDF-TrFE) of the dielectric layer of modified Zhitomirsky with Telfon AF1600, and further substitute the TiO2 material of the miniscule-sized particles with ZrO2 nanoparticles, wherein the ZrO2 nanoparticles are coated with materials (fluorinated silane) with a hydrophobicity comparable to the hydrophobicity of the polymers, as taught by Hou, since Hou teaches a suitable alternative dielectric layer for EWOD applications (schemes 1 and 2 and section 2.2).
Response to Arguments
Applicant's arguments, see Remarks Pgs. 7-10, filed 8/13/2026, with respect to the 35 U.S.C. § 103 rejections have been fully considered, but are not persuasive.
Applicant’s Argument #1:
Regarding independent claims 1, 11 and 17, Applicant argues at pages 8-9 that Shen teaches a two-layer structure with a discrete TiO2 nanowire embedded in a lower layer of P(VDF-TrFE) and a top layer of P(VDF-TrFE) without TiO2. The two-layer structure fails to teaches a single dielectric layer having a graded concentration of the miniscule-sized particle as recited in claims 1, 11, and 17. Dependent claims are allowable for the same reasons for the independent claims.
Examiner’s Response #1:
Applicant’s arguments have been fully considered, but are not persuasive. Since both the lower layer and the top layer are made of the same material of P(VDF-TrFE), the combined lower and top layer of P(VDF-TrFE) is deemed as the dielectric layer. Thus, Shen teaches a dielectric layer of P(VDF-TrFE) having a graded concentration of the miniscule-sized particle.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIZHI QIAN whose telephone number is (571)272-3487. The examiner can normally be reached Monday-Thursday 8:00 am-5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Luan V Van can be reached on 571-272-8521. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHIZHI QIAN/Primary Examiner, Art Unit 1795
