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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/03/2025 has been considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-16, in the reply filed on 4/27/2026 is acknowledged.
Claims 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/27/2026.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-16 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of copending Application No. 19/017,836 in view of Monteux (US 2020/0131320 A1).
Instant Application 19/017,833
Co-pending application 19/017,836
1. A method of manufacturing a polymer membrane, the method comprising:
positioning a first polymer-bearing aqueous phase in a vessel;
flowing a second polymer-bearing aqueous phase in the vessel, wherein the second polymer-bearing aqueous phase is immiscible with the first polymer-bearing aqueous phase and has a lesser density, to form an aqueous biphasic system (ABS) with an interfacial zone therebetween;
positioning a polymerization initiator in the interfacial zone;
activating the polymerization initiator to cross-link polymers of at least one of the first polymer-bearing aqueous phase and the second polymer-bearing aqueous phase; and
polymerizing at least a portion of the interfacial zone to create a polymer film.
1. A method of manufacturing a polymer membrane, the method comprising:
positioning a salt-bearing aqueous phase in a vessel;
flowing a polymer-bearing aqueous phase in the vessel, wherein the polymer-bearing aqueous phase is immiscible with the salt-bearing aqueous phase and forms an aqueous biphasic system (ABS) with an interfacial zone therebetween;
positioning a polymerization initiator in the interfacial zone;
activating the polymerization initiator to cross-link polymers of the polymer- bearing aqueous phase; and
polymerizing at least a portion of the interfacial zone to create a polymer film.
Note: Claim 1 of the co-pending application discloses all the limitations of claim 1 of the instant application, but does not disclose a first polymer-bearing aqueous phase and a second polymer-bearing aqueous phase form the aqueous biphasic system.
Monteux (US 2020/0131320 A1) teaches a method of manufacturing a polymer membrane comprising a step of contacting an aqueous phase comprising a first polymer, and an oil phase comprising a second different polymer (paragraph 0021), wherein each polymer being in a different phase of a biphasic system (paragraph 0007). Hence, for a polymer membrane from a first polymer-bearing aqueous phase and a second polymer-bearing aqueous phase is known. One of ordinary skill in the art could have substituted the salt-bearing aqueous phase of the co-pending application for a polymer-bearing aqueous phase and the results of the substitution would have been predictable to one skilled in the art. Monteux disclose said method allows the manufacture of a polymer membrane without the need of high amounts (if any) of additional agents in the reactional medium (paragraph 0007).
2. The method of claim 1, wherein the polymerization initiator is a photopolymerization initiator.
2. The method of claim 1, wherein the polymerization initiator is a photopolymerization initiator.
Note: Claim 2 of the co-pending application is not patentably distinct from claim 2 of the instant application.
3. The method of claim 1, wherein the polymerization initiator is a photo-acid generator.
3. The method of claim 1, wherein the polymerization initiator is a photo-acid generator.
Note: Claim 3 of the co-pending application is not patentably distinct from claim 3 of the instant application.
4. The method of claim 1, wherein the polymerization initiator is a photo-base generator.
4. The method of claim 1, wherein the polymerization initiator is a photo-base generator.
Note: Claim 4 of the co-pending application is not patentably distinct from claim 4 of the instant application.
5. The method of claim 1, wherein activating the polymerization initiator includes irradiating the polymerization initiator from above and through the second polymer- bearing aqueous phase and into the interfacial zone.
5. The method of claim 1, wherein activating the polymerization initiator includes irradiating the polymerization initiator through the salt-bearing aqueous phase and into the interfacial zone.
Note: Claim 5 of the co-pending application is not patentably distinct from claim 5 of the instant application.
6. The method of claim 1, wherein activating the polymerization initiator includes irradiating the polymerization initiator from below and through the first polymer-bearing aqueous phase and into the interfacial zone.
6. The method of claim 1, wherein activating the polymerization initiator includes irradiating the polymerization initiator through the polymer-bearing aqueous phase and into the interfacial zone.
Note: Claim 6 of the co-pending application is not patentably distinct from claim 6 of the instant application.
7. The method of claim 1, wherein activating the polymerization initiator includes exposing the polymerization initiator to an evanescent wave into the interfacial zone from total internal reflection within the first polymer-bearing aqueous phase.
7. The method of claim 1, wherein activating the polymerization initiator includes exposing the polymerization initiator to an evanescent wave into the interfacial zone from total internal reflection a boundary of the interfacial zone.
Note: Claim 7 of the co-pending application is not patentably distinct from claim 7 of the instant application.
8. The method of claim 1, wherein activating the polymerization initiator includes irradiating the polymerization initiator with an activation energy with equal radiant flux per unit area.
8. The method of claim 1, wherein activating the polymerization initiator includes irradiating the polymerization initiator with an activation energy with equal radiant flux per unit area.
Note: Claim 9 of the co-pending application is not patentably distinct from claim 9 of the instant application.
9. The method of claim 8, wherein the activation energy is isotropic.
9. The method of claim 8, wherein the activation energy is isotropic.
Note: Claim 9 of the co-pending application is not patentably distinct from claim 9 of the instant application.
10. The method of claim 1, further comprising optically masking at least a portion of the interfacial zone while activating the polymerization initiator.
10. The method of claim 1, further comprising optically masking at least a portion of the interfacial zone while activating the polymerization initiator.
Note: Claim 10 of the co-pending application is not patentably distinct from claim 10 of the instant application.
11. The method of claim 1, wherein at least one of the first polymer-bearing aqueous phase and the second polymer-bearing aqueous phase includes a sulfonated polymer.
11. The method of claim 1, wherein at least one of the polymer-bearing aqueous phase and the salt-bearing aqueous phase includes a sulfonated polymer.
Note: Claim 11 of the co-pending application is not patentably distinct from claim 11 of the instant application.
12. The method of claim 1, wherein the interfacial zone includes at least one suspended particle, and the at least one suspended particle is encapsulated by the polymer film.
12. The method of claim 1, wherein the interfacial zone includes at least one suspended particle, and the at least one suspended particle is encapsulated by the polymer film.
Note: Claim 12 of the co-pending application is not patentably distinct from claim 12 of the instant application.
13. The method of claim 1, further comprising lifting the polymer film from the vessel with a carrier.
13. The method of claim 1, further comprising lifting the polymer film from the vessel with a carrier.
Note: Claim 13 of the co-pending application is not patentably distinct from claim 13 of the instant application.
14. The method of claim 1, wherein at least one of the first polymer-bearing aqueous phase and the second polymer-bearing aqueous phase includes a surfactant.
14. The method of claim 1, wherein at least one of the polymer-bearing aqueous phase and the salt-bearing aqueous phase includes a surfactant.
Note: Claim 14 of the co-pending application is not patentably distinct from claim 14 of the instant application.
15. A method of manufacturing a polymer membrane, the method comprising:
positioning a first polymer-bearing aqueous phase in a vessel;
flowing a second polymer-bearing aqueous phase in the vessel, wherein the second polymer-bearing aqueous phase is immiscible with the first polymer-bearing aqueous phase and has a lesser density, to form an aqueous biphasic system (ABS) with an interfacial zone therebetween;
positioning a polymerization initiator in the interfacial zone;
activating the polymerization initiator to cross-link polymers of at least one of the first polymer-bearing aqueous phase and the second polymer-bearing aqueous phase;
polymerizing at least a portion of the interfacial zone to create a polymer film; and
moving the polymer film from the vessel in a lateral direction relative to the interfacial zone.
15. A method of manufacturing a polymer membrane, the method comprising:
positioning a salt-bearing aqueous phase in a vessel;
flowing a polymer-bearing aqueous phase in the vessel, wherein the polymer-bearing aqueous phase is immiscible with the salt-bearing aqueous phase and forms an aqueous biphasic system (ABS) with an interfacial zone therebetween;
positioning a polymerization initiator in the interfacial zone;
activating the polymerization initiator to cross-link polymers of the polymer- bearing aqueous phase;
polymerizing at least a portion of the interfacial zone to create a polymer film; and
moving the polymer film from the vessel in a lateral direction relative to the interfacial zone.
Note: Claim 15 of the co-pending application discloses all the limitations of claim 15 of the instant application, but does not disclose a first polymer-bearing aqueous phase and a second polymer-bearing aqueous phase form the aqueous biphasic system.
Monteux (US 2020/0131320 A1) teaches a method of manufacturing a polymer membrane comprising a step of contacting an aqueous phase comprising a first polymer, and an oil phase comprising a second different polymer (paragraph 0021), wherein each polymer being in a different phase of a biphasic system (paragraph 0007). Hence, for a polymer membrane from a first polymer-bearing aqueous phase and a second polymer-bearing aqueous phase is known. One of ordinary skill in the art could have substituted the salt-bearing aqueous phase of the co-pending application for a polymer-bearing aqueous phase and the results of the substitution would have been predictable to one skilled in the art. Monteux disclose said method allows the manufacture of a polymer membrane without the need of high amounts (if any) of additional agents in the reactional medium (paragraph 0007).
16. The method of claim 15, further comprising flowing a fluid phase of the interfacial zone in a lateral direction relative to the vessel, and continuously activating the polymerization initiator in an activation zone to polymerize the portion of the interfacial zone.
16. The method of claim 15, further comprising flowing a fluid phase of the interfacial zone in a lateral direction relative to the vessel, and continuously activating the polymerization initiator in an activation zone to polymerize the portion of the interfacial zone.
Note: Claim 16 of the co-pending application is not patentably distinct from claim 16 of the instant application.
This is a provisional nonstatutory double patenting rejection.
Allowable Subject Matter
Claims 1-16 would be allowable if the double patenting rejection above is resolved.
The following is a statement of reasons for the indication of allowable subject matter: s 1 and 15 would be allowable for requiring:
“…positioning a first polymer-bearing aqueous phase in a vessel;
flowing a second polymer-bearing aqueous phase in the vessel, wherein the second polymer-bearing aqueous phase is immiscible with the first polymer-bearing aqueous phase and has a lesser density, to form an aqueous biphasic system (ABS) with an interfacial zone therebetween;
positioning a polymerization initiator in the interfacial zone;
activating the polymerization initiator to cross-link polymers of at least one of the first polymer-bearing aqueous phase and the second polymer-bearing aqueous phase; and
polymerizing at least a portion of the interfacial zone to create a polymer film”.
Claims 2-14 and 16 would be allowable at least for depending on claims 1 and 15, respectively.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Virak Nguon whose telephone number is (571)272-4196. The examiner can normally be reached Monday-Thursday (and alternate Fridays) 7:30-5:00.
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/VIRAK NGUON/Examiner, Art Unit 1741 7/09/2026
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