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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on February 18, 2026 has been entered.
Claims 1,2,23,27,29,47,48,53,54,58,60,70 and 72 are pending. Claims 1,2 and 23 have been amended. Claims 3-22,24-26,28,30-46,49-52,55-57,59,61-69 and 71 have been cancelled. Claim 72 is new.
All prior rejections have been withdrawn in view of applicant’s amendments to the claims.
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 1,2,27,29,48,58,60 and 70 are rejected under 35 U.S.C. 103 as being unpatentable over Stoll (WO 2009135239) in view of Zhang (US 2007/0186352) and Kim (KR 20010081315) as evidenced by Boniall-Espadas (Taxonomic and Functional Profiling of Bacterial Communities in Leather Biodegradation: Insights into Metabolic Pathways and Diversity. Bacteria. 2025, 4, 37.).
Stoll teaches obtaining leather waste of tanned hide to make new leather materials and process them in a way similar to tanned animal hide (page 2, paragraph 2). Stoll teaches taking leather waste (scrap) and shredding it in a shredding device (mechanically separated and subdivided) into leather fibers/fibrils to form a binder free granulate (page 6, paragraph 1; page 8-9), optionally combined with additives (page 12, paragraph 1) and made into an aqueous pulp (suspension; page 13, last paragraph) and extruding (nozzle) or injection molding the pulp into fibers (reconstructed fiber) and drying (page 15). Boniall-Espadas provides evidence that tanned leather consist of 90% collagen proteins and the following non-collagen proteins: 6% keratin proteins, 3% albumin proteins and 0.9% elastic proteins (page 13/23, last paragraph). Stoll teaches dye as incorporated into the leather product (claim 6).
Stoll does not teach spinning the reconstructed fiber into a yarn and retanning.
Zhang teaches taking tanned leather (paragraph 0029) and mechanically loosening the fibers in an opener or cutter into fibers and fibrils (paragraphs 0031, 0003) and preparing a dispersion with the liquid opener (suspension of protein fibrils; paragraph 0016) and spinning into yarns (abstract; paragraphs 0005-0010, paragraphs 0022-0033). Zhang teaches making the yarn into fabric (abstract).
Kim teaches leather waste scraps are conventionally treated with retanning agents at 1-10% to prepare a new leather like material (abstract).
It would have been obvious to one of ordinary skill at the time the invention was made to make a collagen yarn by taking tanned leather scrap containing an 90% collagen protein fibrils and up to 10% non-collagen protein fibrils selected from kerating, albumin and elastin and containing an amount of tanning agent, mechanically shredding the leather scrap into fibrils, suspending the shredded fibrils in water to form a wet pulp which is extruded or injection molded through a nozzle and dried to form collagen containing fibers as Stoll teaches this a conventional method of preparing new leather products from leather waste materials and Boniall-Espadas provides evidence that tanned leathers consist of 90% collagen proteins and the following non-collagen proteins: 6% keratin proteins, 3% albumin proteins and 0.9% elastic proteins.
It would have been obvious to modify the methods of Stoll by spinning the leather waste fibers into yarn and making new leather fabrics as Zhang teaches leather scraps are recycled in this way to form leather yarns and new leather fabric products.
It would have been further obvious to modify the methods of Stoll by retanning the leather with 1-10% retanning agent as Kim teaches this is effectively performed on leather scraps to prepare new leather like materials. Regarding the at least 10% by weigh t of the tanning agent contained in the yarn previous to the retanning, this amount could be adjusted through routine experimentation to arrive at an effectively tanned and preserved leather.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable Stoll (WO 2009135239) in view of Zhang (US 2007/0186352) and Kim (KR 20010081315) as evidenced by Boniall-Espadas (Taxonomic and Functional Profiling of Bacterial Communities in Leather Biodegradation: Insights into Metabolic Pathways and Diversity. Bacteria. 2025, 4, 37.) and further in view of Griset (US 3,114,593).
Stoll, Zhang, Kim and Boniall-Espadas are relied upon as set forth above.
Stoll, Zhang, Kim and Boniall-Espadas do not teach a continuous process via rolls pulling the yarn through a tanning compound.
Griset teaches a continuous process wherein spun collagen yarn can be treated with a tanning solution via rolls pulling the yarn through the tanning compound (column 10, lines 1-22).
It would have been obvious to modify the methods of Stoll, Zhang, Kim and Boniall-Espadas by tanning in a continuous method wherein rolls pull the collagen yarn through the tanning agent as Griset teach this is a conventional and effective way of applying tanning agent to a collagen fiber after it is spun. Kona invites the inclusion of tanning the yarns.
Claim 47 is rejected under 35 U.S.C. 103 as being unpatentable Stoll (WO 2009135239) in view of Zhang (US 2007/0186352) and Kim (KR 20010081315) as evidenced by Boniall-Espadas (Taxonomic and Functional Profiling of Bacterial Communities in Leather Biodegradation: Insights into Metabolic Pathways and Diversity. Bacteria. 2025, 4, 37.) and further in view of Qian (CN 105177786).
Stoll, Zhang, Kim and Boniall-Espadas are relied upon as set forth above.
Stoll, Zhang, Kim and Boniall-Espadas are silent as to 10Tex to 100Tex fineness.
Qian teaches that collagen fibers conventionally have fineness levels in the range of 28.1-44.2 tex or 62.5-108.4tex when fabricated into yarn from waste tanned leather materials.
It would have been obvious to modify the methods of Stoll, Zhang, Kim and Boniall-Espadas by adjusting the fineness of the collagen fiber to the claimed 10-100Tex as Qian teach collagen fibers of 28.1-44.2 tex or 62.5-108.4tex are conventionally used to prepare yarns. Using a known yarn fineness to prepare collagen yarns is obvious.
Claim 53 is rejected under 35 U.S.C. 103 as being unpatentable Stoll (WO 2009135239) in view of Zhang (US 2007/0186352) and Kim (KR 20010081315) as evidenced by Boniall-Espadas (Taxonomic and Functional Profiling of Bacterial Communities in Leather Biodegradation: Insights into Metabolic Pathways and Diversity. Bacteria. 2025, 4, 37.) and further in view of O’Connell (US 4,063,888).
Stoll, Zhang, Kim and Boniall-Espadas are relied upon as set forth above.
Stoll, Zhang, Kim and Boniall-Espadas do not teach the yarn is wound up on a plurality of reel prior to dyeing.
O’Connell teaches winding protein yarns such as collagen (column 2, lines 11-16) around perforated tubes to prepare packages wherein they are dyed while wound on the tubes in package form (column 3, lines 7-40). O’Connell teaches this allows for rapid dye strike and can control dye flow to the desired regions of the wound yarn based on the desired custom dye pattern (column 3).
It would have been obvious to modify the methods of Stoll, Zhang, Kim and Boniall-Espadas by dyeing the yarns wound on perforated reels or tubes as O’Connell teaches collagen yarns can be space dyed in a desired color pattern by using this method for the benefit of custom space dyeing and rapid dye strike. Stoll invites the inclusion of dyes as additives to the leather products. Using a known dyeing method for incorporating dyes onto regenerated leather fibers is obvious.
Claims 54 and 72 are rejected under 35 U.S.C. 103 as being unpatentable Stoll (WO 2009135239) in view of Zhang (US 2007/0186352) and Kim (KR 20010081315) as evidenced by Boniall-Espadas (Taxonomic and Functional Profiling of Bacterial Communities in Leather Biodegradation: Insights into Metabolic Pathways and Diversity. Bacteria. 2025, 4, 37.) and further in view of Dan (CN 102121133) and Choe (KR 101840731).
Stoll, Zhang, Kim and Boniall-Espadas are relied upon as set forth above.
Stoll, Zhang, Kim and Boniall-Espadas do not teach the yarn is wound up on a plurality of reel prior to dyeing.
Dan teaches collagen fibers from animal skin conventionally have a tenacity 3.5 cN/tex (3.96 g/denier; page 1, description).
Choe teaches leather wastes are conventionally made form pig skins (page 4, next to last paragraph) and are made of staple fibers (example 1).
It would have been obvious to modify the methods of Stoll, Zhang, Kim and Boniall-Espadas by using leather waste scrap fibers of the claimed greater than 3g/denier and of staple fibers as Dan teaches pig skin contains collagen fibers of tenacity 3 g/denier and Choe teaches leather waste scraps are conventionally made of pig skin leather waste and are shredded to short staple fibers. Using conventional materials found in leather waste and to fabricate leather fabrics is obvious in a method that invites the inclusion of converting leather scrap material into new leather products. Using leather scraps of known tenacity is obvious to provide a strong enough fiber material for durable leather.
Claims 54 and 72 are rejected under 35 U.S.C. 103 as being unpatentable Stoll (WO 2009135239) in view of Zhang (US 2007/0186352) and Kim (KR 20010081315) as evidenced by Boniall-Espadas (Taxonomic and Functional Profiling of Bacterial Communities in Leather Biodegradation: Insights into Metabolic Pathways and Diversity. Bacteria. 2025, 4, 37.) and further in view of Choe (KR 101840731).
Stoll, Zhang, Kim and Boniall-Espadas are relied upon as set forth above.
Stoll, Zhang, Kim and Boniall-Espadas do not teach the yarn is wound up on a plurality of reel prior to dyeing.
Choe teaches leather wastes are conventionally made form pig skins (page 4, next to last paragraph) and are made of staple fibers (example 1).
It would have been obvious to modify the methods of Stoll, Zhang, Kim and Boniall-Espadas by using leather waste scrap fibers as Choe teaches leather waste scraps are conventionally shredded to short staple fibers. Using conventional materials found in leather waste and to fabricate leather fabrics is obvious in a method that invites the inclusion of converting leather scrap material into new leather products. Using leather scraps of known staple fiber size is obvious to fiber materials long enough to be converted into new leather fibers, yarns and fabrics.
Response to Arguments
Applicant’s arguments with respect to the prior rejections are moot as the rejections of the amended claims rely on Stoll which teaches using tanned leather scrap which is shredded and formed into an aqueous pulp and extruded into a fiber and dried with no binder added to form new leather fibers. Kim teaches new substrates made from tanned leather waste are conventionally retanned.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMINA S KHAN whose telephone number is (571)272-5573. The examiner can normally be reached Monday-Friday, 9am-5:30pm EST.
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, Angela Brown-Pettigrew can be reached on 571-272-2817. 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.
/AMINA S KHAN/Primary Examiner, Art Unit 1761
Prosecution Insights