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
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.
Claim(s) 1-3 and 5-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO ‘372 (WO 2023/091372).
Claim 1 - WO ‘372 discloses a method for applying a polymeric coating to a substrate (preparing a coated film substrate exhibiting antifouling properties; abstract, paragraph [0041], claim 1) comprising: (a) forming an activated surface on the substrate (a substrate with a surface having reactive functional groups wherein a polymerization initiator is chemically bonded to the substrate; substrate can be a polymer selected from polyamide (flexible polymeric film) and have two opposing surfaces with the coating on one of the surfaces; abstract, paragraphs [0020], [0022-0023]) by: (i) modifying the substrate via flame, corona discharge, argon plasma discharge or chemical etching to generate reactive functional groups on the substrate; (substrate can be a polymer selected from polyamide (flexible polymeric film); before bonding the polymerization initiator to the substrate, the surface of the substrate may be modified by any of a variety of well-known techniques such as corona or argon plasma discharge, or chemical etching, to generate the reactive functional groups; paragraphs [0020], [0025]), or (ii) applying an activated layer comprising metal to the substrate to form reactive functional groups on the substrate ( optional); (b) contacting the substrate with a radical polymerization initiator (polymerization initiator chemically bonded to the substrate via reaction with the reactive functional groups on the surface of the substrate; abstract, paragraph [0026]); (c) allowing the polymerization initiator to be chemically bonded to the substrate by reaction of the polymerization initiator with the reactive functional groups on the substrate (polymerization initiator chemically bonded to the substrate via reaction with the reactive functional groups on the surface of the substrate; abstract, paragraph [0026]); (d) contacting the polymerization initiator that is chemically bonded to the substrate with a monomer composition comprising a free-radical polymerizable monomer having at least one hydrophilic functional group (polymeric coating layer in contact with the initiator is prepared from an aqueous monomer composition formed by radical polymerization of (meth)acrylamide monomer (a free radical polymerizable monomer with a hydrophilic functional group) for forming the polymeric coating layer; abstract, paragraphs [0028-0029]); (e) forming a polymeric coating layer on the substrate via a radical polymerization process (polymeric coating layer prepared from an aqueous monomer composition (hydrophilic) formed by radical polymerization forming the polymeric coating layer; abstract, paragraphs [0028-0029]), wherein the hydrophilic polymeric coating layer is chemically bonded to and propagated from the polymerization initiator (the polymeric coating layer, formed by an aqueous monomer composition (hydrophilic) is chemically bonded to and propagated from the polymerization initiator; abstract; paragraph [0028]); and optionally (f) subjecting the polymeric coating layer on the substrate to heat or UV radiation to effect curing of any reactive functional groups on the polymers of the polymeric coating layer. ( optional).
Claim 2 - WO ‘372 discloses the method of claim 1. WO ‘372 further discloses wherein the substrate comprises medical diagnostic equipment, a needle, a syringe, a tube or pumping system used for biological media, a lens, an intraocular lens, an intraocular lens delivery system, a catheter, a breathing apparatus, an electronic device, an implantable device for humans, an electronic fluidic device, a sensor, a mold, or a biological/DNA assay surface (paragraph [0024]), and is formed from at least one of a metal , a polyamide, a polyamide-polyether block copolymer, a poly(meth)acrylate, a polyester, a polyolefin, a polyisoprene, a polyurethane, a polyester-polyurethane copolymer, a polyimide, a cycloolefin polymer, a polyether ketone, a polysulfone, a polycarbonate and a polysiloxane (paragraph [0020]).
Claim 3 - WO ‘372 discloses the method of claim 1. WO ‘372 further discloses wherein the substrate is modified via argon plasma discharge to generate the reactive functional groups on the substrate (paragraphs [0020], [0025]) .
Claim 5 - WO ‘372 discloses the method of claim 1. WO ‘372 further discloses wherein the reactive functional groups comprise hydroxyl, amido, thiol, and/or carboxylic acid functional groups (paragraph [0022]).
Claim 6 - WO ‘372 discloses the method of claim 1. WO ‘372 further discloses wherein the substrate is contacted with the radical polymerization initiator via physical or chemical vapor deposition (paragraph [0026]).
Claim 7 - WO ‘372 discloses the method of claim 1. WO ‘372 further discloses wherein the polymerization initiator comprises a halogen-containing compound (initiator can contain a halide-containing compound such as bromoisobutyryl bromide; paragraph [0027]).
Claim 8 - WO ‘372 discloses the method of claim 1. WO ‘372 further discloses wherein the polymerization initiator is a controlled radical polymerization initiator (polymeric coating layer is formed with an initiator and prepared via a controlled radical polymerization; abstract, paragraph [0029]), comprising a isobutyryl halide, benzyl halide, 2-halopropionitrile, azobisbutyronitrile, 1, l '-azobis( cyclohexanecarbonitrile ), 4,4-azobis ( 4-cyanopentanoic acid), or potassium persulfate "K2S2O8" (initiators such as azobisbutyronitrile, 1,1'-azobis(cyclohexanecarbonitrile), 4-azobis (4- cyanopentanoic acid) and K2S2O8; paragraph [0027]).
Claim 9 - WO ‘372 discloses the method of claim 1. WO ‘372 further discloses wherein the hydrophilic polymeric coating layer (c) is formed from an aqueous monomer composition comprising at least one of a styrene functional monomer, acrylonitrile, (meth)acrylamide functional monomer, 4-vinylpyridine, sodium 4-vinylbenzenesulfonate, a monomer that is quaternized with a halide or has functional groups that are capable of being quaternized with a halide after polymerization, 2- aminoethylmethacrylamide hydrochloride halide salt, N, N' -(3-( dimethylamino )propyl) methacrylamide, N, N-(3-dimethylamino )propyl)- methacryloylaminobutyl sultanate, N,N-(3- dimethylamino )propyl)-methacryloylaminopropyl sultanate, 2-acrylamidopropane-2-methyl-1- propane sulfonic acid salt, [3- (methacryloylamino )propyl]trimethylammonium chloride, [3- (acryloylamino )propyl]trimethylammonium chloride, N,N'-dimethyl(meth)acrylamide and salts thereof, and 3- [(3-(meth)acrylamidopropyl)dimethylammonio]propanoate (polymeric coating layer is formed from an aqueous monomer composition comprising at least one of a (meth)acrylamide (hydrophilic) halide salt; claim 5).
Claim 10 - WO ‘372 discloses the method of claim 1. WO ‘372 further discloses wherein the monomer composition further comprises a polymerization catalyst (paragraph [0031]).
Claim 11 - WO ‘372 discloses the method of claim 10. WO ‘372 further discloses wherein the polymerization catalyst comprises a transition metal catalyst (paragraph [0032]) and the monomer composition further comprises a reducing agent (paragraph [0036].
Claim 12 - WO ‘372 discloses the method of claim 1. WO ‘372 further discloses wherein the radical polymerization process is an ATRP process (paragraph [0031]).
Claim 13 - WO ‘372 discloses the method of claim 1. WO ‘372 further discloses wherein the monomer composition is contacted with the polymerization initiator by dipping, rolling, spraying, printing, stamping or wiping (paragraph [0038]).
Claim 14 - WO ‘372 discloses the method of claim 1. WO ‘372 further discloses wherein the polymeric coating layer comprises a block copolymer (paragraph [0028]).
Claim 15 - WO ‘372 discloses the method of claim 1. WO ‘372 further discloses wherein the polymeric coating layer demonstrates a water contact angle less than 100 and retains a contact angle of less than 10° after immersion in phosphate buffered aqueous saline solution at 22°C for a period of 28 days (paragraph [0040]).
Claim 16 - WO ‘372 discloses a method for applying a polymeric coating to a substrate (preparing a coated film substrate exhibiting antifouling properties; abstract, paragraph [0041], claim 1) comprising: (a) forming an activated surface on the substrate (a substrate with a surface having reactive functional groups wherein a polymerization initiator is chemically bonded to the substrate; substrate can be a polymer selected from polyamide (flexible polymeric film) and have two opposing surfaces with the coating on one of the surfaces; abstract, paragraphs [0020], [0022-0023]) by: (i) modifying the substrate via flame, corona discharge, argon plasma discharge or chemical etching to generate reactive functional groups on the substrate (substrate can be a polymer selected from polyamide (flexible polymeric film); before bonding the polymerization initiator to the substrate, the surface of the substrate may be modified by any of a variety of well-known techniques such as corona or argon plasma discharge, or chemical etching, to generate the reactive functional groups; paragraphs [0020], [0025]), or (ii) applying an activated layer comprising metal to the substrate to form reactive functional groups on the substrate ( optional); (b) contacting the substrate with a radical polymerization initiator via vapor deposition (polymerization initiator chemically bonded to the substrate via reaction with the reactive functional groups on the surface of the substrate; abstract, paragraph [0026]); (c) allowing the polymerization initiator to be chemically bonded to the substrate by reaction of the polymerization initiator with the reactive functional groups on the substrate (polymerization initiator chemically bonded to the substrate via reaction with the reactive functional groups on the surface of the substrate; abstract, paragraph [0026]); (d) contacting the polymerization initiator that is chemically bonded to the substrate with an aqueous monomer composition comprising at least 10 percent by weight, based on the total weight of monomers in the monomer composition, of a (meth)acrylamide monomer having at least one ionic functional group (a free radical polymerizable monomer with a hydrophilic functional group) for forming the polymeric coating layer; abstract, paragraphs [0028-0029]); (e) forming a polymeric coating layer on the substrate via a controlled radical polymerization (CRP) process in an aqueous medium (polymeric coating layer prepared from an aqueous monomer composition (hydrophilic) formed by radical polymerization forming the polymeric coating layer; abstract, paragraphs [0028-0029]); and optionally (f) subjecting the polymeric coating layer on the substrate to heat or UV radiation to effect curing of any reactive functional groups on the polymers of the polymeric coating layer ( optional).
Claim 17 - WO ‘372 discloses the method of claim 16. WO ‘372 further discloses wherein the substrate comprises at least one of a polyamide, a polyamide-polyether block copolymer, a poly(meth)acrylate, a polyester, a polyolefin, a polyisoprene, a polyurethane, a polyester-polyurethane copolymer, a polyimide, a cycloolefin polymer, a polyether ketone, a polysulfone, a polycarbonate and a polysiloxane (paragraph [0020]; claim 2).
Claim 18 - WO ‘372 discloses the method of claim 16. WO ‘372 further discloses wherein the substrate is modified via argon plasma discharge (paragraph [0025]) and wherein the reactive functional groups comprise hydroxyl, amido, thiol, and/or carboxylic acid functional groups (paragraph [0022]), or wherein the CRP process is an ATRP process (paragraph [0029]).
Claim 19 - WO ‘372 discloses the method of claim 16. WO ‘372 further discloses wherein the polymerization initiator comprises an a- haloisobutyryl halide, azobisbutyronitrile (AIBN), 1,1'- azobis(cyclohexanecarbonitrile), 4,4-azobis (4-cyanopentanoic acid), or potassium persulfate (K2S208) (paragraph [0027]).
Claim 20 - WO ‘372 discloses the method of claim 16. WO ‘372 further discloses wherein the aqueous monomer composition comprises at least one of a styrene functional monomer, acrylonitrile, (meth)acrylamide functional monomer, 4-vinylpyridine, sodium 4-vinylbenzenesulfonate, a monomer that is quaternized with a halide or has functional groups that are capable of being quaternized with a halide after polymerization, 2- aminoethylmethacrylamide hydrochloride halide salt, N, N' -(3-( dimethylamino )propyl) methacrylamide, N, N-(3-dimethylamino )propyl)- methacryloylaminobutyl sultanate, N,N-(3- dimethylamino )propyl)-methacryloylaminopropyl sultanate, 2-acrylamidopropane-2-methyl-1- propane sulfonic acid salt, [3- (methacryloylamino )propyl]trimethylammonium chloride, [3- (acryloylamino )propyl]trimethylammonium chloride, N,N'-dimethyl(meth)acrylamide and salts thereof, and 3- [(3-(meth)acrylamidopropyl)dimethylammonio]propanoate (polymeric coating layer is formed from an aqueous monomer composition comprising at least one of a (meth)acrylamide (hydrophilic) halide salt; claim 5).
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.
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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO ‘372 as applied to claim 1 above, and further in view of CHANDLER ("Explained: chemical vapor deposition Technique enables production of pure, uniform coatings of metals or polymers, even on contoured surfaces" by David L. Chandler, dated 19 JUN 2015, accessed online 25 JUL 2026 at https://news.mit.edu/2015/explained-chemical-vapor-deposition-0619).
Claim 4 - WO ‘372 discloses the method of claim 1. WO ‘372 discloses, in one embodiment, a flexible polymeric film (substrate can be a polymer selected from polyamide (flexible polymeric film); paragraph [0020]). WO ‘372 does not disclose, in this embodiment, wherein the activated surface is formed by (ii) applying the activated layer comprising metal to the first surface of the substrate, and wherein the activated layer comprises one or more of Ti, Cr, Al, Ta, Nb, Ni, silver oxide, gold oxide, palladium oxide, platinum oxide, rhodium oxide, iridium oxide, tantalum oxide, aluminum oxide, copper oxide, titanium oxide, iron oxide, zirconium oxide, silicon oxide and chromium oxide. WO ‘372 discloses, in a second embodiment, wherein the activated layer comprises Al (a substrate with reactive functional groups on the surface (activated layer) can include a metal such as aluminum; paragraphs [0020], [0022]). It would be obvious for one of ordinary skill in the art, before the relevant date, to modify the film of on embodiment of, WO ‘372 to include wherein the activated layer comprises Al, as taught by a second embodiment of WO ‘372, for creating a suitable substrate for in preparation of coated articles in specific application such as medical devices (WO ‘372; paragraph [0020]). CHANDLER discloses wherein the activated surface is formed by (ii) applying the activated layer comprising metal to the first surface of the substrate (via chemical vapor deposition, a substrate is coated with metals or metal compounds, such as in semiconductors (activated surface); this is a process for forming an activated surface as described by the application in claim 13 and paragraph [0038]; page 4, second-third paragraphs). It would be obvious for one of ordinary skill in the art, before the relevant date, to modify the film of WO ‘372 to include wherein the activated surface is formed by (ii) applying the activated layer comprising metal to the first surface of the substrate, as taught by CHANDLER, for creating activated surfaces on polymers for the production of protective polymer coatings for different industries such as solar cells (CHANDLER; page 2, second-third paragraphs).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL G MILLER whose telephone number is (571)270-1861. The examiner can normally be reached M-F 9:00-5:30 EST.
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/MICHAEL G MILLER/ Primary Examiner, Art Unit 1712
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