DETAILED ACTION
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
4-8, para. 0016.
Claim Rejections - 35 USC § 103
Claims 1-3, 5, 8-11 and 14 are rejected under 35 U.S.C. 102(a)(1) as being
anticipated by Khan et al (Separation and Purification Technology 231 (2020)
115891) in view of SAWAI (JP-2004-067586).1
Claim 1: Khan teaches a material comprising a support layer of a polyamide
membrane and an alginate dialdehyde ("ADA") formed on the support layer via a schiff's
base reaction (Khan, page 2, left column, sections 2.1 and 2.2.), and thus the alginate
dialdehyde is linked to the support layer by a covalent bonding by nature of Schiff's
base reaction. The ADA-coated membrane is functionalized with amino acid (D-
tyrosine) (Khan, page 2, right column, first paragraph). Therefore, an ADA-
functionalized material comprising a support layer (i.e. polyamide membrane), a link
layer of ADA functionalized with amino acid (tyrosine), and the ADA is linked to the
support layer via covalent bonding by nature of Schiff's base reaction. With regards to the ratio of the link ADA layer to the support layer, Khan teaches the porosity is dependent on the weight of the support layer (Khan, page 2, section 2.4). The porosity of uncoated support layer is 58% and ADA-grafted support layer is 72-74% (Khan, page 5, Table 1) Thus, it can be expected that the weight ratio of the ADA link layer to the support layer is between the claimed range of 1:100 to 1:10. However, Khan does not teach to make the aqueous solution having acidic pH, i.e. 3-6, as claimed. In the same field of endeavor, i.e. antimicrobial substance, Sawai teaches that it is beneficial to form an aqueous solution with a pH of 4-8 in order to maximize the antibacterial properties of the composition without harming a human body if it is applied to a human body (Sawai, para. 0016). Therefore, the POSITA would have found it obvious to adjust the pH to the advantageous level, i.e. 4-8, as taught by Sawai, which substantially overlaps the claimed range of 3-6.
Claims 2-3: The membrane is nylon or polyamide (Khan, page 2), which is non-
porous.
Claim 5: Khan teaches the porosity is dependent on the weight of the support layer (Khan, page 2, section 2.4). The porosity of uncoated support layer is 58% and ADA-grafted support layer is 72-74% (Khan, page 5, Table 1) Thus, it can be expected that the weight ratio of the ADA link layer to the support layer is between the claimed range of 1:50 to 1:20.
Claim 8: Khan teaches an alginate dialdehyde ("ADA") coated on a support layer
of a polyamide membrane via a schiff's base reaction (Khan, page 2, left column,
sections 2.1 and 2.2.), and the ADA-coated membrane is functionalized with amino acid
(D-tyrosine) (Khan, page 2, right column, first paragraph). Therefore, an ADA-
functionalized material comprising a support layer (i.e. polyamide membrane), a link
layer of ADA functionalized with amino acid (D-tyrosine), and the ADA is linked to the
support layer via covalent bonding by nature of Schiff's base reaction. The amino acid
(D-tyrosine) is formed a separate functional layer. See Khan, page 3, Figure 1, and
page 5, Figure 4(c) and (f)
Claims 9-11: The functional material is an antimicrobial material, i.e. D-tyrosine,
an amino acid as discussed in claim 8 above.
Claim 14: The functional material is D-tyrosine, an amino acid, and possesses
antimicrobial properties (Khan, page 1, last paragraph and page 3, section 2.6.1.) and
thus is capable of inhibiting microbial activities including bacteria listed in the instant
claim; In particular, D-tyrosine is known to have antimicrobial activities against
Staphylococcus-aureus while alginate dialdehyde is known to have antimicrobial
activities against Klebsiella pneumonia. See HOCHBAUM et al. (JOURNAL OF
BACTERIOLOGY, Oct. 2011, p. 5616-5622) and SALEM et al. (Bioorganic Chemistry
87 (2019) 103-111).
Claims 8-11, 14-19 and 30-31 are rejected under 35 U.S.C. 103 as being
unpatentable over Khan et al and SAWAI and further in view of SALEM et al. (Bioorganic Chemistry 87 (2019) 103-111).
Claim 8: Khan and Sawai teach the claimed invention as discussed above. Khan further teaches an alginate dialdehyde ("ADA") coated on a support layer
of a polyamide membrane via a schiff's base reaction (Khan, page 2, left column,
sections 2.1 and 2.2.), and the ADA-coated membrane is functionalized with amino acid
(D-tyrosine) (Khan, page 2, right column, first paragraph). Therefore, an ADA-
functionalized material comprising a support layer (i.e. polyamide membrane), a link
layer of ADA functionalized with amino acid (D-tyrosine), and the ADA is linked to the
support layer via covalent bonding by nature of Schiff's base reaction. The amino acid
(D-tyrosine) is formed a separate functional layer. See Khan, page 3, Figure 1, and
page 5, Figure 4(c) and (f)
Claim 9: While Khan teaches amino acid as the antimicrobial material as
discussed above, Salem teaches ADA modified material as the antimicrobial material to
enhance microbial activities of ADA (Salem, abstract and page 109, Table 4). In light of
Salem teaching, the POSITA would be motivated, as matter of choice, to further
modifying ADA with the modifying substance (i.e. amines) taught by Salem in order to
enhance the antimicrobial activities of the functional layer. or add a microbial activities
to the ADA Khan teaches an alginate dialdehyde ("ADA") coated on a support layer of a
polyamide membrane via a schiff's base reaction (Khan, page 2, left column, sections
2.1 and 2.2.), and the ADA-coated membrane is functionalized with amino acid (D-
tyrosine) (Khan, page 2, right column, first paragraph). Therefore, an ADA-
functionalized material comprising a support layer (i.e. polyamide membrane), a link
layer of ADA functionalized with amino acid (D-tyrosine), and the ADA is linked to the
support layer via covalent bonding by nature of Schiff's base reaction. The amino acid
(D-tyrosine) is formed a separate functional layer. See Khan, page 3, Figure 1, and
page 5, Figure 4(c) and (f)
Claims 10-11: The functional material is an antimicrobial material, i.e. D-tyrosine,
an amino acid as discussed in claim 8 above.
Claim 14: The functional material is D-tyrosine, an amino acid, and possesses
antimicrobial properties (Khan, page 1, last paragraph and page 3, section 2.6.1.) and
thus is capable of inhibiting microbial activities including bacteria listed in the instant
claim; In particular, D-tyrosine is known to have antimicrobial activities against
Staphylococcus-aureus while alginate dialdehyde is known to have antimicrobial
activities against Klebsiella pneumonia. See HOCHBAUM et al. (JOURNAL OF
BACTERIOLOGY, Oct. 2011, p. 5616-5622) and SALEM et al. (Bioorganic Chemistry
87 (2019) 103-111).
Claims 15-17: The functionalized ADA material is a nylon- based-alginate dialdehyde-cysteine (Khan, page 2, section 2.3.).
Claims 18-19: Khan teaches the ADA solution for forming the functional layer is
1% w/v (page 2, section 2.3), and thus the functional material in the functional layer is
expected to account for about 1-10%.
Claims 30-31: Khan teaches that it is known to use polymer support layer with
amino acids for removal of pollutants and antimicrobial activities (Khan, page 1). Khan
teaches using the ADA-functionalized material as discussed above for the same
purpose. Therefore, it would have been obvious to incorporate the ADA-function material in various antimicrobial products including masks, bandages or medical products or food packaging products.
Response to Arguments
Applicant argues that it would not have been obvious to adjust the mass ratio of the ADA link layer to the support layer. The Examiner disagrees. Adjusting mass ratio to arrive at optimal antibacterial capability would have been obvious through routine experimentation, in this case, the mass ratio between the layers of the antibacterial material.
The new claim feature, i.e. pH of 3-6, would have been obvious in view of the teaching of Sawai as discussed above.
Applicant's arguments filed December 10, 2025 have been fully considered but they are not persuasive for the reasons discussed above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action, i.e. the newly added claim feature, pH of 3-6. 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.
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HOA (Holly) LE
Primary Examiner
Art Unit 1788
/HOA (Holly) LE/Primary Examiner, Art Unit 1788
1 Copy provided in the last office action mailed 9/18/2025