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 .
This office action is in response to applicant’s amendments filed January 22, 2026. Claims 1,2 and 4-20 are pending. Claim 3 has been cancelled. Claims 1,2,4-9,11 and 16-19 have been amended. Claim 20 is new. Claims 9-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected inventions, there being no allowable generic or linking claim.
All claims objections and rejections are withdrawn in view of applicant’s amendments to the claims.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 1,2,4-6,8 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Robbiati (WO 2013/114414)
Robbiati teaches single tanning agents compositions comprising 5-66.6% zeolites, 5-33% weak acids and at least 5% tanning agents (page 6, lines 3-9, page 15, claims 1, 4 and 5, page 17, claims 13 and 14). Robbiati teaches the tanning agent can be gallic acid (page 6, lines 16). Robbiati teaches the weak acids can be selected from mixtures of formic acid, oxalic acid, citric acid and tartaric acid (page 7, lines 7-8). Robbiati teaches no chrome is present (page 5, lines 21-26). No chromium salts, aluminum sulfate, metal salt tanning agents, synthetic tanning agents or vegetable tanning agents need be present in the single tanning agent composition. Robbiati teaches combining the zeolite powder and anhydrous weak acids and tanning agents together before putting in an aqueous environment, therefore the water content before putting in an aqueous environment is 0% since no water is added (see example 1). Robbiati teaches the tanning agent doesn’t dissolve until an aqueous medium (water) is present (page 7, lines 12-14).
Robbiati does not specify the individual concentrations of the first second and third weak acids.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to prepare a single tanning agent composition in the form of a powder to be used in leather tanning comprising at least 50% zeolite, less than 25% water, 2-35% of a first weak acid and 2-25% of each the second and third weak acids as Robbiati teaches chromium free tanning with zeolite compositions comprising overlapping concentrations of zeolites and 5-33% blends of two or three weak acids selected from formic acid, oxalic acid, citric acid and tartaric acid and 5% or more of gallic acid for effectively tanning leather. Selecting three weak acids in the claimed concentrations would be obvious as Robbiati allows for the presence of mixtures of weak acids in concentrations of 5-33% for dissolving the zeolite in the presence of water during tanning and a gallic acid as a tanning agent at 5% or greater. Selecting from prior art disclosed functionally equivalent acid blends and gallic acid tanning agents taught to be used in mixtures with zeolites at prior art disclosed effective ranges is obvious to produce a powder acid treated zeolite with no water, aluminum sulfate, synthetic tanning agents, vegetable tannin agents or metal salt tanning agents as Robbiati teaches these compositions are effective at binding amino acids constituting the collagen fiber of the animal skin during tanning to produce a tanning effect without the pollution load of other tanning methods. Robbiati emphasizes the acid treated powder does not dissolve until an aqueous solution is present, which can be done in the tanning bath. Therefore the tanning agent can be present as a powder until added to water to prepare a tanning bath.
Claims 1,2,4-6,8 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Robbiati (WO 2013/114414) in view of Van Der Burgh (WO 2014/162059).
Robbiati teaches single tanning agents compositions comprising 5-66.6% zeolites, 5-33% weak acids and at least 5% tanning agents (page 6, lines 3-9, page 15, claims 1, 4 and 5, page 17, claims 13 and 14). Robbiati teaches the tanning agent can be gallic acid (page 6, lines 16). Robbiati teaches the weak acids can be selected from mixtures of formic acid, oxalic acid, citric acid and tartaric acid (page 7, lines 7-8). Robbiati teaches no chrome is present (page 5, lines 21-26). No chromium salts, aluminum sulfate, metal salt tanning agents, synthetic tanning agents or vegetable tanning agents need be present in the single tanning agent composition. Robbiati teaches combining the zeolite powder and anhydrous weak acids and tanning agents together before putting in an aqueous environment (see example 1). Robbiati teaches the tanning agent doesn’t dissolve until an aqueous medium (water) is present (page 7, lines 12-14).
Robbiati does not specify the individual concentrations of the first second and third weak acids or the water content.
Van Der Burgh teaches that powdery zeolite compositions treated with weak acids such as formic acid (page 10, lines 29-32) and complexing agents such as citric acid, phtalic acid and tartaric acid or mixtures thereof (page 12, lines 1-11) and have a moisture content of less than 25% (page 14, lines 26-32) to enhance the flowability of the zeolite/weak acid composition (page 9, lines 31-34).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to prepare a single tanning agent composition in the form of a powder to be used in leather tanning comprising at least 50% zeolite, less than 25% water, 2-35% of a first weak acid and 2-25% of each the second and third weak acids as Robbiati teaches chromium free tanning with zeolite compositions comprising overlapping concentrations of zeolites and 5-33% blends of two or three weak acids selected from formic acid, oxalic acid, citric acid and tartaric acid and 5% or more of gallic acid for effectively tanning leather. Selecting three weak acids in the claimed concentrations would be obvious as Robbiati allows for the presence of mixtures of weak acids in concentrations of 5-33% for dissolving the zeolite in the presence of water during tanning and a gallic acid as a tanning agent at 5% or greater. Selecting from prior art disclosed functionally equivalent acid blends and gallic acid tanning agents taught to be used in mixtures with zeolites at prior art disclosed effective ranges is obvious to produce a powder acid treated zeolite with no water, aluminum sulfate, synthetic tanning agents, vegetable tannin agents or metal salt tanning agents as Robbiati teaches these compositions are effective at binding amino acids constituting the collagen fiber of the animal skin during tanning to produce a tanning effect without the pollution load of other tanning methods. Robbiati emphasizes the acid treated powder does not dissolve until an aqueous solution is present, which can be done in the tanning bath. Therefore the tanning agent can be present as a powder until added to water to prepare a tanning bath.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the zeolites treated with weak acids of Robbiati by reducing the moisture content to less than 25% as Van Der Burgh teaches similar zeolites treated with similar weak acids for tanning of leather benefit for moisture contents of less than 25% as this improves the adsorption of the acids onto the zeolite and improves the flowability of the zeolite treated weak acid powder. Robbiati further wants the zeolite to dissolve in aqueous solution at the time of tanning so reducing the moisture content to as close to 0% prior to using would be advantageous for storage stability and prevention of premature dissolution of the zeolite.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 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 at 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