DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 June 3, 2026 has been entered.
Claims 1, 5, 14-15 and 20 have been amended. Claims 1, 5, 14-18, 20, 23 and 30 are currently pending and under examination.
The texts of those sections of Title 35 U.S. Code are not included in this section and can be found in a prior Office action.
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
Claims 20, 23 and 30 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Gorescu (US 2013/0316024).
Gorescu discloses a textile article comprising polymer fibers, where the fiber is composed of polyamide as a polymer matrix, such as polyamide 6 and polyamide 66, and the in the polymer matrix, inorganic fillers having properties of absorption and/or emission in the 2-20 micron far infrared region, and preferably include a combination of titanium dioxide, barium sulfate and tourmaline with a particle size of less than 2 micron, where the fillers are uniformly dispersed in the polymer matrix (p. 4, [0095] to p. 5, [0118]).
Gorescu does not disclose the textile article or fibers as having marine biodegradability, as claimed; however, the composition contains the claimed mineral fillers dispersed in the claimed polyamide, and is described by Gorescu as being present in an amount of 1-9 wt%, where the instant specification discloses the fillers in an amount of 1-60 wt%.
Applicants do not use any special method of forming the claimed fibers; therefore, the fibers of Gorescu inherently possess marine biodegradability, as claimed.
Gorescu anticipates instant claims 20, 23 and 30.
Claim Rejections - 35 USC § 103
Claims 1, 5, 14-18, 20 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Guskey (US 9,717,674), as evidenced by Havens (US 2014/0029619) and Williams (US 2001/0009769), and further in view of Canova (US 2015/0147364).
Guskey teaches a skin cleansing composition having biodegradable abrasive particles comprising a polymeric material, preferably polyhydroxy alkanoates (PHA), like poly-3-hydroxybutyrate, poly-3-hydroxyvalerate, and poly-3-hydroxy-butyrate-co-3-hydroxyvalerate (col. 6, ll. 11-17), and the inclusion of a large quantity of filler, specifically 20-60 wt% filler (col. 6, ll. 58-62), teaching that the inclusion of such helps break the polymer into abrasive particles and features biodegradable particles with large surface areas (e.g. via porosity and capillarity) which enhance the degradation kinetics (col. 6, ll. 30-49), specifically listing the filler to include sodium carbonate and magnesium sulfate.
Guskey teaches that the adhesive particles have biodegradability in an aerobic aqueous medium which contains an activated sludge inoculum (col. 19, ll. 35-52).
While Guskey does not particularly disclose the biodegradability in marine water or sea water, PHA is known to biodegrade in aquatic environments, such as marine environments, as evidenced by Havens (p. 4, [0053]) and Williams (p. 3, [0023]). Therefore, the filler increases the amount of marine water which can be absorbed into the polymer particles, inherently increasing the marine biodegradability of the polymer particles.
Guskey teaches a variety of possible fillers, but does not teach the claimed combination of fillers.
Canova teaches a cosmetic composition comprising particles of a polymeric composition that include a polymeric matrix and a plurality of mineral fillers, uniformly distributed in the polymer matrix, having properties of absorption and/or emission in the far infrared region ranging from 2 to 20 micron, where the composition is intended to prevent or reduce the signs of skin aging (Abstract).
Canova teaches the polymer matrix to include polyesters, the filler as a combination of titanium dioxide, barium sulfate and tourmaline (p. 2, [0036]), with a particle size of 0.1-2 micron (p. 2, [0047]), the fillers as being present in an amount of 0.5-20 wt% (p. 2, [0052]), the polymeric composition having a substantially spherical shape (p. 3, [0054]), cosmetic products to include creams, lotions, sera, foundation, lipstick, face powder or eyeshadow (p. 4, [0090]). Canova further teaches that there is a synergistic effect between the particles of the polymeric composition and antiwrinkle active agents (p. 4, [0080]).
This filler combination is applicants’ preferred filler combination and inherently meets the claimed absorption/emission in the far infrared region.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have used the mineral filler blend of Canova as the filler in Guskey, as Guskey does not particularly limit the type of filler that can be used, and is directed to similar cosmetic products with anti-aging, or anti-wrinkle agents.
Guskey in view of Canova is prima facie obvious over instant claims 1, 14-18, 20 and 23.
As to claim 5, Guskey also discloses the polymer to include combinations of (a) to (d), which suggests a combination of polyhydroxyalkanoate, polylactic acid or polybutylene succinate and starch.
As to claim 17, Guskey teaches the biodegradable abrasives as having a particle size of 500-1000 micron (col. 9, ll. 6-24), which overlaps with the claimed range of 800 micron or less, and it has been held that overlapping ranges are sufficient to establish prima facie obviousness. See MPEP 2144.05.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have selected from the overlapping portion of the range taught by the reference because overlapping ranges have been held to establish prima facie obviousness.
Claims 1, 5, 14-16, 20, 23 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2016/079724 in view of Gorescu (US 2013/0316024), and further in view of Inakagi (2020/0384745).
WO ‘724 teaches a biodegradable polyamide fiber comprising PA6 or PA66 as a polymer matrix (p. 7, ll. 15-20), a biodegradation agent, such as BioSphere (p. 12, ll. 5-10). WO ‘724 teaches that the biodegradation agent enhances the biodegradability of otherwise non-biodegradable polyamide articles through a series of chemical and biological processes (p. 12, ll. 19-29). WO ‘724 teaches that titanium dioxide is a prodegradant (p. 8, ll. 25-31).
WO ‘724 also suggests the inclusion of up to 10 wt% far infrared emitting minerals (p. 15, ll. 1-10), but does not teach or suggest specific examples thereof.
Gorescu teaches polyamide fibers comprising inorganic fillers having properties of absorption and/or emission in the 2-20 micron far infrared region, and preferably include a combination of titanium dioxide, barium sulfate and tourmaline with a particle size of less than 2 micron, where the fillers are uniformly dispersed in the polymer matrix (p. 4, [0095] to p. 5, [0118]).
Gorescu teaches that additives having properties of emission and/or absorption in the infrared region interact with the skin, for example, a thermoregulation occurs at the surface of the skin, activating blood microcirculation, and thereby promoting elimination of cellulite (p. 1, [0020]).
WO ‘724 nor Gorescu teach improving biodegradability by adding the claimed fillers; however, Inakagi teaches that when inorganic filler is present in a molded article, the surface of the molded article increases, where in addition, as biodegradation proceeds, the inorganic filler falls off from the molded article, and thus, the area in contact with a degrading enzyme produced by microorganisms increases, thereby increasing the biodegradation rate of the polymer (p. 3, [0069]).
Therefore, one of ordinary skill in the art would expect the biodegradation agent to initiate marine biodegradability, and the inclusion of the far infrared emitting fillers of Gorescu, which are suggested by WO ‘724, to further enhance the marine biodegradability of the polyamide.
WO ‘724 in view of Gorescu and further in view of Inakagi is prima facie obvious over instant claims 1, 14-16, 20, 23 and 30.
As to claim 5, applicants disclose “BioSphere” as a suitable additive (A).
Response to Arguments
Applicant's arguments filed June 30, 2026 have been fully considered but they are not persuasive.
Applicants argue that Guskey in view of Casanova is overcome by including the limitations of claim 13. While the examiner may have accidentally excluded this claim from the rejection, Canova clearly teaches the fillers as a having a particle size of 0.1-2 micron (p. 2, [0047]), and was specifically described in the grounds of rejection in the last Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIEANN R JOHNSTON whose telephone number is (571)270-7344. The examiner can normally be reached Monday-Friday, 8:00 AM - 4:00 PM EST.
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/Brieann R Johnston/Primary Examiner, Art Unit 1766
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