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 .
Response to Arguments
Applicant's arguments filed 6/19/2026 have been fully considered but they are not persuasive. Applicant has amended the claims to require specific types of fibers and additives.
The amendments filed overcomes the previously applied 112 rejection in regards to the lack of antecedent basis.
Applicant argues that the term “un-shortened fibers” is supported by the instant specification and intended to mean a fiber than has not been shortened. With this definition in mind provided in the Remarks on 6/19/2026, the 112 rejection will be withdrawn.
Applicant argues the previously applied reference in regard to the amended claims. Applicant argues that Kotter teaches the use of recycled leather fibers (or animal derived fibers) while the claims now require it to be vegetable, natural, or cellulose. Applicant further argues that the present application excludes animal fibers from being utilized.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., exclusion of animal fibers) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
The Examiner acknowledges the intention of instant specification to utilizing only natural fibers that are vegetable based, but the claims do not have such a restriction as currently written. The claims require that a pulp has at least one non-synthetic fiber materials from vegetable, cellulose, or natural fiber textiles. There is nothing to restrict the presence of other non-synthetic fibers from being present.
It is noted that if the claims were amended to restrict the inclusion of animal fibers, then the arguments would be found to be persuasive, but as this argument is not commensurate in scope with the claims as currently written, the Examiner cannot withdraw the outstanding rejection. The updated claims are met by the Kotter reference as will be addressed in the rejection below.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-11 and 17-18 are rejected under 35 U.S.C. 102a1 as being anticipated by Kotter et al, US Patent Publication 2005/0202268.
Regarding claims 1, 10-11, and 17, Kotter teaches a process for the production of a non-synthetic textile surface structure [0010, 0015, and 0018], comprising the steps of:
a) providing a pulp (leather pulp [0018]) comprising at least one liquid (water [0021-0028]), at least one non-synthetic fiber material selected from vegetable fiber material, cellulose, textiles made of natural fibers, or a mixture thereof (see claim 37 for cellulose fibers being included), at least one binder [0020] comprising at least one natural latex [0037], and at least one process additive (aluminum sulphate see example 1); and
b) producing a non-synthetic textile surface structure [0027] by at least partially separating the liquid [0028] from the pulp.
Regarding claim 2, Kotter further teaches wherein step a) comprises one or more (see 112 rejection above) of the following sub-steps:
a1) providing the non-synthetic fiber material, wherein the non-synthetic fiber material comprises or consists of shortened and/or un-shortened fibers [0028];
a2) adding the at least one liquid, to the non-synthetic fiber material [0026];
a3) mechanically processing the non-synthetic fiber material [0018];
a4) cleaning the non-synthetic fiber material;
a5) adding at least one binder [0020];
a6) adding at least one process additive (see example 1);
a7) adding at least one auxiliary agent (surface finish); or
a8) production of the pulp [0013-0018].
Regarding claim 3. Kotter further teaches wherein step b) comprises one or more of the following sub steps (see 112 rejection above):
b1) applying the pulp provided in step a) to a liquid-permeable carrier element [0021] in for at least partial separation of the at least one liquid [0022];
b2) producing a pulp layer comprising the pulp from step a), wherein the at least one liquid, in particular the water, is at least partially removed from the pulp layer [0022];
b3) drying the pulp layer [0021-0022];
b4) carrying out a molding process on the pulp layer, in particular on the dried pulp layer, to obtain the non-synthetic textile surface structure [0021]; or
b5) adding at least one auxiliary agent [0021].
Regarding claim 4. Kotter further teaches wherein the mechanical preparation in step a3) comprises splitting the non-synthetic fiber material into fibers, or fibrillating it [0006].
Regarding claim 5. Kotter further teaches wherein the at least one process additive is selected from the group consisting of polysaccharides, starch, modified starch, cationically modified starch, cellulose or derivatives thereof, carboxymethylated cellulose, cellulose acetate, hydroxypropylmethylcellulose aluminum sulphate (see example 1) and mixtures thereof.
Regarding claim 6. Kotter further teaches wherein the at least one binder further comprises synthetic latex (claim 28 teaches mixed polymers as part of the binder).
Regarding claim 6. Kotter further teaches wherein the at least one auxiliary agent is selected from plasticizers, fillers, dyes, pigments, UV protection agents, hydrophobicizing agents, antimicrobial agents, flame retardants, wet strength agents, sizing agents, or mixtures thereof (dyes [0018]).
Regarding claim 8. Kotter further teaches wherein the non-synthetic fiber material is selected from vegetable fiber material, natural fibers, cellulose, recycled cellulose, textiles made of natural fibers, recycled textiles made of natural fibers, or mixtures thereof [0017].
Regarding claim 9. Kotter further teaches wherein the method further comprises the following step:
c) carrying out a post-treatment on the non-synthetic textile surface structure produced in step b) (surface polishing [0021]).
Regarding claim 18, Kotter further teaches wherein the at least one auxiliary agent is selected from a dye [0018].
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB T MINSKEY whose telephone number is (571)270-7003. The examiner can normally be reached M-F 8-6 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abbas Rashid can be reached at 5712707475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JACOB T. MINSKEY
Examiner
Art Unit 1741
/JACOB T MINSKEY/Primary Examiner, Art Unit 1748
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