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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 2/17/2026 is acknowledged.
Claims 12-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/17/2026.
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 2, 4, and 7 is 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 2 has antecedent basis issues. Steps a5-a7 do not have the standard terms of “a” or “the” prior to the additives in each step (like it is shown in step a2). This makes it indefinite as if these steps are introducing the additives stated in claim 1 or if these are additional binders (or other additives). For purposes of continued examination the Examiner is considering these steps to be actively requiring each of the additives and are the same as referenced in claim 1 (not requiring a second) except for the auxiliary agent which is introduced for the first time in claim 2.
Claim 2 is further indefinite for the term “un-shortened fibers”. For purposes of continued examination it is assumed that “un-shortened” is a fiber that has not been reduced in size after becoming a fiber.
Additionally, claim 2 has an “or” left between steps a7 and a8. Under broadest reasonable interpretation, only one of the steps a1-a8 is required since the second line of the claims states “one or more of the following sub-steps.” This means that only one sub step must occur for all of the claimed limitations to be met. Furthermore, additional dependent claims that further limit a sub step (such as claim 4) do not then actively require that sub step to occur. In this case a reference that reads on substep a2 (adding a liquid) would still anticipate claim 4 that further limits substep a3 even if mechanically processing the fibers is not mentioned as claim 4 is further limiting an optional limitation and the teaching of step a2 would satisfy both claims 2 and 4.
This same interpretation is given to claim 3 with the teaching of one or more sub steps.
The Examiner will still identify if the art utilized will teach an optional limitation for compact prosecution, but the scope of the invention is as described in the paragraphs above.
Claim 4 is rejected based on its dependency on claim 2.
Claim 7 recites the limitation "The at least one auxiliary agent" in the second line. There is insufficient antecedent basis for this limitation in the claim as this limitation was introduced in claim 2.
Claim 10 is rejected under 35 U.S.C. 101 because the claimed invention is not supported by either a well asserted utility or a well-established utility.
The claim is a “Use claim” and provides no other direction of provision of the invention other than its use.
Claim 10 is also rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph. Specifically, because the claimed invention is not supported by either a well asserted utility or a well-established utility for the reasons set forth above, one skilled in the art clearly would not know how to use the claimed invention.
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.
Claim(s) 1-11 and 17 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 (leather fibers [0025]), at least one binder [0020], 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, wherein the at least one binder comprises at least one natural latex [0003 and 0020].
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]).
Conclusion
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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