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 in the reply filed on 10/15/2026 is acknowledged. Applicant additionally elected species B, claim 5 directed to antimicrobial textile is clothing.
Claims 1-3, 5, 6 and 9 will be examined.
The restriction of 9/4/2025 lists Species A-G:
Species A: Claim 4, wherein the antimicrobial textile is a multilayer face mask.
Species B: Claim 5, wherein the antimicrobial textile is clothing.
Species C: Claim 7, wherein the antimicrobial textile is a bandage.
Species D: Claim 8, wherein the antimicrobial textile is a feminine hygiene product.
Species E.: Claim 10, wherein the antimicrobial textile is a furniture upholstery.
Species F: Claim 11, wherein the antimicrobial textile is a mop, sponge, rag, or towel.
Species G: Claim 12, wherein the antimicrobial textiles is an article of bedding.
As claim 11 is directed to a surface cleaning product and claim 12 is the mop, sponge, rag or towel; claim 12 is not directed to bedding, claim 13 is bedding, the following correction the record is made:
Species A: Claim 4, wherein the antimicrobial textile is a multilayer face mask.
Species B: Claim 5, wherein the antimicrobial textile is clothing.
Species C: Claim 7, wherein the antimicrobial textile is a bandage.
Species D: Claim 8, wherein the antimicrobial textile is a feminine hygiene product.
Species E.: Claim 10, wherein the antimicrobial textile is a furniture upholstery.
Species F: Claim 11, wherein the antimicrobial textile is a surface cleaning product.
Species G: Claim 12, wherein the antimicrobial textiles is an article of mop, sponge, rag, or towel.
Species H: Claim 13, wherein the antimicrobial textiles is an article of bedding.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: The claims recite the nanoparticles are present as a nanocomposite. The specification does not specifically describe nanoparticles as nanocomposites but appears to describe the sheet, film or textile is the nanocomposite, e.g. nanocomposite film [0006], nanocomposite textile [0016]-[0018] of PgPUB. Paragraph [0033] state that the metal salt solution to bind the metal salt to the surface of the interior fibers of the textile by forming a nanocomposite.
The specification appears to describe the combination of the textile fibers and the nanoparticles produce a nanocomposite. Clarification is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 and dependent claims 2, 3, 5 and 6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “wherein the nanoparticles are present as a nanocomposite on the surface and within the sheet substrate”. It is not clear what the scope of “nanocomposite” is compared to “nanoparticles”; i.e. it is not clear if there are nanocomposite particles that are different than nanoparticles.
The specification describe the sheet, film or textile is the nanocomposite, e.g. nanocomposite film [0006], nanocomposite textile [0016]-[0018] of PgPUB. Paragraph [0033] state that the metal salt solution to bind the metal salt to the surface of the interior fibers of the textile by forming a nanocomposite.
For purposes of examination, the combination of the textile fibers and the nanoparticles produce a nanocomposite.
Claim Rejections - 35 USC § 102/103
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.
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 1-3, 5, 6 and 9 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 Axtell et al (US 20040009726).
Axtell is directed to a multi-functional protective textile and methods for decontamination (Title). Axtell teaches a reactive and adsorptive (i.e., multi-functional protective) textile and methods for constructing and using same which possess at least chemically reactive and biocidal properties. Nanoparticles from different classes such as metal oxides, metal hydroxides, metal hydrates and POMs are incorporated into elements which can be utilized in a wide variety of protective materials (ABST).
Axtell teaches the reactive and absorptive textile possess chemically reactive properties, biocidally reactive properties and can provide efficient and effective adsorption and neutralization of biological agents in a textile form [0008]. In providing biological protection, the protective fibers provide protection against biological warfare agents such as viruses, bacteria [0058].
Axtell teaches the reactive nanoparticles can be metal oxides [0054].
Axtell teaches a textile sheet as claimed. Axtell teaches the sheet is a textile and incorporates nanoparticles such as metal oxides and the textile sheet provides protection against bacteria and viruses which is equated with antimicrobial.
Axtell teaches the nanoparticles are bonded to the interior of the textile structures [0011] and as shown in Figs. 2 and 3 wherein the nanoparticles 26 are disposed between an upper exterior surface 42a and a lower exterior surface 42b [0040]; [0043].
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Axtell teaches the method of applying the particles include squeeze coating wherein the textile is completely wet in an adhesive dip tank and then squeeze the excess out with a nip roll. Once the excess adhesive is removed, the powders are applied via a shaker system onto a wet or partially cured textile. In an additional method, the particles and the adhesive are combined into a slurry and passed through a fuller apparatus [0068].
Axtell is not specific with regard to particles on the surface of the textile. Axtell is very specific with regard to the nanoparticles being in the interior of the textile. However as Axtell teaches the method of squeeze coating, the particles would inherently be provided on the surface as well throughout the interior. When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention the examiner has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § 2112- 2112.02
It would have been obvious to one of ordinary skill in the art before the effective filing date to employ a squeeze coating method motivated to uniformly adhere particles throughout a textile interior and exterior surfaces.
Axtell teaches nanoparticles are present on the surface and within the textile sheet substrate and therefore the textile article of Axtell is a nanocomposite per Applicants description of the invention.
As to claims 2 and 3, Axtell teaches a protective textile for incorporating into clothing such as military apparel [0027].
As to claim 5, Axtell teaches the protective textile for clothing [0027].
As to claim 6, Axtell teaches an additional adhesive layer applied by the squeeze coating method in order to adhere the particles to the textile [0068].
As to claim 9, Axtell teaches the nanoparticles can be metal oxides such as ZnO, zinc oxide [0054].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Miller et al (US 8512417) is directed to functionalized nanoparticles such as zinc oxides (col. 3, lines 19-28). Miller teaches the nanoparticles are applied on fabrics to reduce antimicrobials (col. 2, lines 20-24) for textile that are used as apparel (col. 7, lines 43-48).
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/JENNIFER A STEELE/Primary Examiner, Art Unit 1789