DETAIED 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 .
Election/Restrictions
Applicant’s election without traverse of Group I, drawn to claims 1, 3-20 and 25 in the reply filed on 09/02/2025 is acknowledged.
Claims 21-24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 09/02/2025.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1, 3-9, 11-18, 20 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Trentacosta et al. U.S. Patent No. (7,597,855) in view of Beyenal et al. U.S. Publication No. (2018/0207301 A1).
With respect to claim 1, Trentacosta et al. substantially discloses a method of inactivating microbiological contamination ([Col.7, lines 37-4) at a locus ([Col.19], lines 1-6, surgical mask), the locus comprising a textile or membrane comprising first and second conductive layers ([Col.6], lines 1-12), ([Col.10], lines 63-67) and ([Col.11], lines 1-33) and at least one ion conductive or porous intermediate layer positioned between the first and second conductive layers ([Col.11], lines 62-67) and ([Col.12], lines 1-49) and (fig.11a-11c) and ([Col.14], lines 25-39), the textile or membrane further comprising an aqueous liquid on a surface of the textile or membrane ([Col.7], lines 30-36, the membrane structure of this invention is highly permeable to water vapor and gases),
wherein the method comprises applying across the intermediate layer of the textile or membrane a voltage ([Col.11], lines 53-57) to measure and assess oxygen permeability of the adaptive membrane structure ([Col.23], lines 3-47).
Trentacosta et al. substantially discloses the invention as claimed but did not explicitly disclose the voltage is effective to generate a microbiological contamination- inactivating amount of an inactivating species selected from ozone and reactive oxygen species.
Beyenal et al. however, teaches treatment systems, devices, articles, and associated methods of operation for treating open wounds are disclosed herein. In one embodiment, a method includes applying a first material and a second material to be in contact with a surface of the open wound having a water content at the surface and applying a voltage differential to the first and second materials, thereby producing hydrogen peroxide (H2O2) at the surface via an electrochemical reaction between oxygen (O2) in air and water (H2O) in the water content at the surface. The voltage differential is calibrated to correspond to a concentration of the produced hydrogen peroxide in the water content effective in reducing or preventing a bacterial infection at the surface of the open wound (abstract) or the locus.
In view of the teachings of Beyenal et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method of Trentacosta et al. in like manner, as taught by Beyenal et al. such that the voltage is effective to generate a microbiological contamination- inactivating amount of an inactivating species selected from ozone and reactive oxygen species in order to reduce or prevent bacterial infection at the surface of the open wound.
With respect to claim 3, the combination of Trentacosta et al./Beyenal et al. substantially discloses the invention as claimed. Trentacosta et al. further discloses the microbiological contamination is bacterial contamination ([Col.7, lines 37-43, when the membrane structure of this invention is exposed to a hazardous environment, it is transformed to another state, in which it is impermeable to hazardous chemical and/or biological toxins and/or pathogens, thereby offering a high level of protection when it is needed]] and ([Col.18], lines 46-49, the adaptive membrane structures of this invention can be used as components of articles of apparel, especially for clothing intended to protect against chemical and biological toxins and pathogens]]. Note: a pathogen is defined as any agent, such as a virus, bacterium, fungus, or parasite, that causes disease or infection.
With respect to claim 4, the combination of Trentacosta et al./Beyenal et al. substantially discloses the invention as claimed. Trentacosta et al. further discloses the microbiological contamination is viral contamination ([Col.7, lines 37-43, when the membrane structure of this invention is exposed to a hazardous environment, it is transformed to another state, in which it is impermeable to hazardous chemical and/or biological toxins and/or pathogens, thereby offering a high level of protection when it is needed]] and ([Col.18], lines 46-49, the adaptive membrane structures of this invention can be used as components of articles of apparel, especially for clothing intended to protect against chemical and biological toxins and pathogens]]. Note: a pathogen is defined as any agent, such as a virus, bacterium, fungus, or parasite, that causes disease or infection.
With respect to claim 5, the combination of Trentacosta et al./Beyenal et al. substantially discloses the invention as claimed. Trentacosta et al. further discloses the viral contamination is SARS CoV-2. ([Col.7, lines 37-43, when the membrane structure of this invention is exposed to a hazardous environment, it is transformed to another state, in which it is impermeable to hazardous chemical and/or biological toxins and/or pathogens, thereby offering a high level of protection when it is needed]] and ([Col.18], lines 46-49, the adaptive membrane structures of this invention can be used as components of articles of apparel, especially for clothing intended to protect against chemical and biological toxins and pathogens]]. Note: a pathogen is defined as any agent, such as a virus, bacterium, fungus, or parasite, that causes disease or infection.
With respect to claim 6, the combination of Trentacosta et al./Beyenal et al. substantially discloses the invention as claimed. Trentacosta et al. further discloses the conductive layers are selected from woven or non-woven conductive carbon, a textile comprising steel or silver yarn, metal layers, and graphene layers ([Col.6] lines 16-18) and ([Col.11], lines 16-27 and 45-53).
With respect to claim 7, the combination of Trentacosta et al./Beyenal et al. substantially discloses the invention as claimed. Trentacosta et al. further discloses the intermediate layer is a water-swellable cross-linked polystyrene polymer ([Col.3], lines 44-46); ([Col.14], lines 62-67) and ([Col.15], lines 40-45).
With respect to claim 8, the combination of Trentacosta et al./Beyenal et al. substantially discloses the invention as claimed. Trentacosta et al. further discloses the locus is a protective face mask ([Col.18], lines 46-63).
With respect to claim 9, the combination of Trentacosta et al./Beyenal et al. substantially discloses the invention as claimed. Trentacosta et al. further discloses the face mask is a medical or surgical face mask ([Col.19], lines 1-6).
With respect to claim 11, the combination of Trentacosta et al./Beyenal et al. substantially discloses the invention as claimed except the applied voltage is from 0.3 to 10.0 V. Trentacosta et al. however, discloses the use of a voltage source in ([Col.11], lines 53-57), therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to optimize the voltage source to generate an applied voltage is from 0.3 to 10.0 V in order to reduce or prevent bacterial infection at the locus to achieve a reasonable expectation of success.
With respect to claim 12, the combination of Trentacosta et al./Beyenal et al. substantially discloses the invention as claimed except the applied voltage is from 0.7 to 10.0 V. Trentacosta et al. however, discloses the use of a voltage source in ([Col.11], lines 53-57), therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to optimize the voltage source to generate an applied voltage is from 0.7 to 10.0 V in order to reduce or prevent bacterial infection at the locus to achieve a reasonable expectation of success.
With respect to claim 13, the combination of Trentacosta et al./Beyenal et al. substantially discloses the invention as claimed except the applied voltage is from 1.0 to 5.0 V. Trentacosta et al. however, discloses the use of a voltage source in ([Col.11], lines 53-57), therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to optimize the voltage source to generate an applied voltage is from 1.0 to 5.0 V in order to reduce or prevent bacterial infection at the locus to achieve a reasonable expectation of success.
With respect to claim 14, the combination of Trentacosta et al./Beyenal et al. substantially discloses the invention as claimed. Trentacosta et al. further discloses an alternating voltage is applied across the intermediate layer ([Col.11], lines 53-57, voltage source and a switch); ([Col.24], lines 64-67) and ([Col.25], lines 3-10). Note: the intermediate layer is positioned between the membrane layers (see rejection to claim 1).
With respect to claim 15, the combination of Trentacosta et al./Beyenal et al. substantially discloses the invention as claimed except the alternating voltage has a waveform with a period between 10 seconds and 10 minutes and a maximum amplitude between 0.3 and 10.0 V. Trentacosta et al. however, discloses the use of a voltage source in ([Col.11], lines 53-57), therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to optimize the voltage to have a waveform with a period between 10 seconds and 10 minutes and a maximum amplitude between 0.3 and 10.0 V in order to reduce or prevent bacterial infection at the locus to achieve a reasonable expectation of success.
With respect to claim 16, the combination of Trentacosta et al./Beyenal et al. substantially discloses the invention as claimed. Beyenal et al. further teaches the reactive oxygen species is selected from ozone and hydrogen peroxide (abstract). Note: oxygen, air and water produce ozone.
With respect to claim 17, the combination of Trentacosta et al./Beyenal et al. substantially discloses the invention as claimed. Trentacosta et al. further discloses one or more layers of the textile or membrane is coated with a coating comprising an ionic compound ([Col.11], lines 16-18).
With respect to claim 18, the combination of Trentacosta et al./Beyenal et al. substantially discloses the invention as claimed. Trentacosta et al. further discloses the ionic compound is a polymer with fixed negative, fixed positive, or fixed negative and positive charges ([Col.11], lines 16-18).
With respect to claim 20, the combination of Trentacosta et al./Beyenal et al. substantially discloses the invention as claimed. Trentacosta et al. further discloses the coating comprises electrically conductive particles ([Col.11], lines 16-18).
With respect to claim 25, regarding the method step claimed, to the extent that the prior art apparatus meets the structural limitations of the apparatus as claimed, it will inherently perform the method steps as claimed. Furthermore, it has been held that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of anticipation has been established. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986) and In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977); (under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device) see MPEP 2112.01(1), as such, the combination of Trentacosta et al./Beyenal et al. discloses a method of inactivating microbiological contamination at a locus, the method comprising contacting the locus with a textile or membrane comprising first and second conductive layers and at least one ion conductive or porous intermediate layer positioned between the first and second conductive layers, the textile or membrane further comprising an aqueous liquid on a surface of the textile or membrane or in the pores of a porous intermediate layer, wherein the surface of the textile or membrane contacted with the locus comprises a microbiological contamination- inactivating amount of an inactivating species selected from ozone and reactive oxygen species.
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Trentacosta et al./Beyenal et al. as applied to claim 8 above, and further in view of Hyeok (KR 2021125304 A).
With respect to claim 10, the combination of Trentacosta et al./Beyenal et al. substantially discloses the invention as claimed except the textile or membrane is configured as a removable cover for the face mask.
Hyeok however, teaches a mask or a locus (100, fig.1) comprising a removable filter (300) and (abstract).
In view of the teachings of Hyeok, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the textile or membrane of Trentacosta et al./Beyenal et al. by incorporating a textile or membrane configured as a removable cover for the face mask which does not allow reusable use of the mask to protect against different types of contamination.
Claim(s) 19 is rejected under 35 U.S.C. 103 as being unpatentable over Trentacosta et al./Beyenal et al. as applied to claim 17 above, and further in view of Dong et al. (WO 2018126504 A1).
With respect to claim 19, the combination of Trentacosta et al./Beyenal et al. substantially discloses the invention as claimed except the ionic compound is selected from the group comprising chitosan and peptides.
Dong et al. however, teaches a particulate matter barrier material and an application thereof in haze prevention, relating to the field of protective respirators (abstract) wherein the particulate barrier comprises cellulose or chitosan [Page 4], 3rd paragraph] and cationic protein peptide [Page 4], 7th paragraph].
In view of the teachings of Dong et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the one or more layers of the textile or membrane of Trentacosta et al./Beyenal et al. by incorporating ionic compounds that are water-soluble polymer which form hydrogen bonds with water molecule, selected from the group comprising chitosan and peptides.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OPHELIA ALTHEA HAWTHORNE whose telephone number is (571)270-3860. The examiner can normally be reached M-F 8:00 AM-5:00 PM, 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, Alireza Nia can be reached at 5712703076. 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.
/OPHELIA A HAWTHORNE/Primary Examiner, Art Unit 3786