DETAILED 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 .
Applicant’s amendment and accompanying remarks filed July 16, 2026 are acknowledged.
Examiner acknowledges cancelled claims 8 to 15.
Examiner acknowledges amended claims 1-3, 6, 16-20, 24-28.
Examiner acknowledges newly added claims 29-31.
The objection to claim 20 is overcome by Applicant’s amendment.
The rejection of claims 2, 6 and 17-28 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA , second paragraph is overcome by applicant’s amendment.
Claim Rejections - 35 USC § 102
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.
Claims 1-2, 4-7, 16-17, 19-27 and 30-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leimer et al., U.S. Pre Grant Publication 2012/0252294.
Regarding claims 1-7, 16-17, 19-27, 30-31, Leimer discloses a silk polypeptide and a solvent [0014]. Paragraph 0047 discloses immersing at least one silk polypeptide solution for a period of 0.1 sec to 10 minutes in a solution and then dried. Paragraph 0053 discloses that the silk polypeptide can include an orb-weaving aciniform spider silk. Paragraph 0056 discloses silk polypeptides and solvent. It is disclosed in paragraph 0160 that the solvent can include water, hexafluoroisopropanol or formic acid [water-miscible protonic solvent]. Paragraph 0159 discloses that the silk polypeptide is present in the amount of 30 wt%. Applicant's claim 1 requires either (i) partially or substantially hydrating the orb-weaving spider aciniform OR (ii) substantially converting silk alpha helices into silk beta-sheet aggregates. Leimer satisfies (i) by immersing the silk polypeptide [orb-weaving aciniform spider silk] in a solvent forming a solution. Claims 5-6, 19 are all dependent upon claim 1 which merely requires either (i) partially or substantially hydrating the orb-weaving spider aciniform OR (ii) substantially converting silk alpha helices into silk beta-sheet aggregates which Leimer satisfies requirement (ii). Leimer discloses the same method as required by Applicant.
Regarding claim 23, paragraph 0160 discloses that the solvent can include lithium bromide [inorganic salt comprising a halide [bromine]. Claim 23 depends on claim 20 which recites wherein the (a) the solvent comprises an alcohol or a glycol, (b) the solvent comprises an acid or is an acid solution, (c) the solvent comprises an inorganic salt, or (d) the solvent comprises dimethyl sulfoxide, 1, 4 dioxane, ethylamine, N- methyl-2-pyrrolidone, glycerol, acetone, acetaldehyde, diethanolamine, diethylenetriamine, dimethylformamide, dimethoxyethane, triethylene glycol, tetrahydrofuran and/or acetonitrile. Claim 20 merely requires one of a) to d). Paragraph 0160 discloses water, hexafluoroisopropanol or formic acid [water-miscible protonic solvent] which satisfies claim 23 as it depends on claim 20.
Claims 3, 29 and 32 are allowed. Applicant claims a method for making a biomaterial as recited in claim 20. The closest prior art, Leimer et al., U.S. Pre Grant Publication 2012/0252294, teaches a silk polypeptide and a solvent [0014]. Paragraph 0047 discloses immersing at least one silk polypeptide solution for a period of 0.1 sec to 10 minutes in a solution and then dried. Paragraph 0053 discloses that the silk polypeptide can include an orb-weaving aciniform spider silk. Paragraph 0056 discloses silk polypeptides and solvent. It is disclosed in paragraph 0160 that the solvent can include water, hexafluoroisopropanol or formic acid [water-miscible protonic solvent]. Paragraph 0159 discloses that the silk polypeptide is present in the amount of 30 wt%. Applicant's claim 1 requires either (i) partially or substantially hydrating the orb-weaving spider aciniform OR (ii) substantially converting silk alpha helices into silk beta-sheet aggregates. Leimer satisfies (i) by immersing the silk polypeptide [orb-weaving aciniform spider silk] in a solvent forming a solution. Leimer fails to teach or suggest wherein the hydrated or solvated orb-weaving spider aciniform prey-wrapping silk is dried between 10 hours and 3 days.
Claims 18 and 28 are 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. Applicant claims a method for making a biomaterial as recited in claim 1, further including wherein the hydrated or solvated orb-weaving spider aciniform prey-wrapping silk is dried between 1 hour and 5 days as recited in claim 18. Applicant claims a method for making a biomaterial as recited in claim 1, further including wherein the hydrated or solvated orb-weaving spider aciniform prey-wrapping silk is dried between 10 hours and 3 days as recited in claim 28. The closest prior art, Leimer et al., U.S. Pre Grant Publication 2012/0252294, teaches a silk polypeptide and a solvent [0014]. Paragraph 0047 discloses immersing at least one silk polypeptide solution for a period of 0.1 sec to 10 minutes in a solution and then dried. Paragraph 0053 discloses that the silk polypeptide can include an orb-weaving aciniform spider silk. Paragraph 0056 discloses silk polypeptides and solvent. It is disclosed in paragraph 0160 that the solvent can include water, hexafluoroisopropanol or formic acid [water-miscible protonic solvent]. Paragraph 0159 discloses that the silk polypeptide is present in the amount of 30 wt%. Applicant's claim 1 requires either (i) partially or substantially hydrating the orb-weaving spider aciniform OR (ii) substantially converting silk alpha helices into silk beta-sheet aggregates. Leimer satisfies (i) by immersing the silk polypeptide [orb-weaving aciniform spider silk] in a solvent forming a solution. Leimer fails to teach or suggest wherein the hydrated or solvated orb-weaving spider aciniform prey-wrapping silk is dried between 10 hours and 3 days.
Response to Arguments
Applicant's arguments filed July 16, 2026 have been fully considered but they are not persuasive. Examiner rejected claims 1-7, 16, 20-22 and 24-27 are rejected under 35 U.S.C. 102(a)(1) & (a)(2) as being anticipated by Leimer et al., U.S. Pre Grant Publication 2012/0252294. The heading for the claim rejection was inadvertently listed as 35 U.S.C. 103. Applicant argues that previous claim limitation 17 was incorporated into newly amended claim 1. Original claim 17 was indefinite. Claims 17 and 23 were inadvertently not listed in the 35 U.S.C. 102(a)(1) & (a)(2) rejection. Applicant’s limitation of wherein the orb-weaving spider aciniform (AC) prey-wrapping silk is water- wetted or hydrated or solvated for between 10 minutes to 10 hours or more was presented in the rejection for claim 3. Claim 3 is now dependent upon claim 29. Applicant narrowed the scope of newly amended claim 17. Regarding claim 23, paragraph 0160 of Leimer discloses that the solvent can include lithium bromide [inorganic salt comprising a halide [bromine]. Claim 23 depends on claim 20 which recites wherein the (a) the solvent comprises an alcohol or a glycol, (b) the solvent comprises an acid or is an acid solution, (c) the solvent comprises an inorganic salt, or (d) the solvent comprises dimethyl sulfoxide, 1, 4 dioxane, ethylamine, N- methyl-2-pyrrolidone, glycerol, acetone, acetaldehyde, diethanolamine, diethylenetriamine, dimethylformamide, dimethoxyethane, triethylene glycol, tetrahydrofuran and/or acetonitrile. Claim 20 merely requires one of a) to d). Paragraph 0160 discloses water, hexafluoroisopropanol or formic acid [water-miscible protonic solvent] which satisfies claim 23 as it depends on claim 20. The limitations of claim 23 were discussed in the 35 U.S.C. 102(a)(1) & (a)(2) rejection. Leimer teaches the limitations for present claims 1-2, 4-7, 16-17, 19-27 and 30-31. The rejection is maintained.
THIS ACTION IS MADE FINAL. 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMIE S THOMPSON whose telephone number is (571)272-1530. The examiner can normally be reached 8:30 am - 5:30 pm.
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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786
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