DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. The information disclosure statement (IDS) submitted on 1/27/2023, 3/3/2023, 5/14/2024, 5/15/2024, 9/18/2024, 2/19/2025 and 7/15 /2025 were filed timely. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
3. Applicant’s election without traverse of Group 1 in the reply filed on 8/26/2025 is acknowledged.
Claim Rejections - 35 USC § 102
4. 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.
5. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
6. Claims 19, 21, 23-24, 37, 39-42, 48-49 and 51 are rejected under 35 U.S.C. 102(a)(1) and rejected under 35 U.S.C. 102(a)(2) as being anticipated by (WO 2019/067737 A1) to Altman (hereinafter Altman).
Altman is directed toward methods of treating a leather substrate with a silk formulation. Altman discloses at page 8, line 5 that the coated materials include leather materials. Altman discloses at page 8, line 9 that the molecular average weight of the silk protein fragments are 5 kDa to about 144 kDa. Altman discloses at page 10, line 10 that the protein fragments have a polydispersity of about 1.5 to 3.0, which reads on Applicants range. Altman discloses at page 8, line 25 that the protein fragments have 0.10% to about 10% of sericin, which reads on Applicants same range. Altman discloses at page 10, line 11 that the silk protein does not gelate or change in color. Altman discloses at page 76, line 16 that the silk may be infused into the substrate. Altman discloses at page 232, line 10 that a rheological additive is listed. Altman discloses at page 120, line 26 that a defoaming agent may be added. Altman discloses at page 126, line 16 that a polyurethane is added. Altman discloses at page 55, line 4 that fibron is present from 1% to 10%, which reads on Applicants range of 0.1% to 15%. Altman discloses at page 274, line 33 that the method steps may further include dyeing. Altman discloses at page 207, line 19 that the coated leather article has improved colorfastness. Altman discloses each and every element of claims 19, 21, 23-24, 37, 39-42, 48-49 and 51.
Claim Rejections - 35 USC § 103
7. 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.
8. 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.
9. Claims 19, 21, 23-26, 28, 30-34, 36-37, 39-42, 48-49 and 51 are rejected under 35 U.S.C. 103 as being unpatentable over (WO 2019/067737 A1) to Altman (hereinafter Altman).
Altman is directed toward methods of treating a leather substrate with a silk formulation. Altman discloses at page 8, line 5 that the coated materials include leather materials. Altman discloses at page 8, line 9 that the molecular average weight of the silk protein fragments are 5 kDa to about 144 kDa. Altman discloses at page 10, line 10 that the protein fragments have a polydispersity of about 1.5 to 3.0, which reads on Applicants range. Altman discloses at page 8, line 25 that the protein fragments have 0.10% to about 10% of sericin, which reads on Applicants same range. Altman discloses at page 10, line 11 that the silk protein does not gelate or change in color. Altman discloses at page 76, line 16 that the silk may be infused into the substrate. Altman discloses at page 232, line 10 that a rheological additive is listed. Altman discloses at page 120, line 26 that a defoaming agent may be added. Altman discloses at page 126, line 16 that a polyurethane is added. Altman discloses at page 55, line 4 that fibron is present from 1% to 10%, which reads on Applicants range of 0.1% to 15%. Altman discloses at page 274, line 33 that the method steps may further include dyeing. Altman discloses at page 207, line 19 that the coated leather article has improved colorfastness.
Altman discloses at page 64, line 6 that the protein fragments may be mixed with a cellulose or a starch as a medical filler, which acts as a rheology modifier. One skilled in the art knows that coatings required proper rheology to coat properly and therefore it would be obvious to select a modifier from other silk coatings disclosed. Altman discloses at page 67, line 10 that a PEG chain may be included.
Altman discloses each and every element of claims 19, 21, 23-26, 28, 30-34, 36-37, 39-42, 48-49 and 51.
Allowable Subject Matter
10. Claim 27 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
11. The following is a statement of reasons for the indication of allowable subject matter: The prior art did not teach a leather treatment including a gellan gum.
Conclusion
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY D WASHVILLE whose telephone number is (571)270-3262. The examiner can normally be reached M-F 9-5.
13. 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.
14. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski can be reached at 571-272-1302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY D WASHVILLE/Primary Examiner, Art Unit 1766