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 .
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) 22 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ishi et al. (JP 2021-8679). Note: A machine translation is being used for JP 2021-8679.
Considering Claim 22: Ishi et al. teaches an artificial leather comprising a base material layer comprising a fiber base material (pg. 3), wherein the base layer comprises a protein/polymeric substance (pg. 8) that is a recombinant protein that is preferably a modified spider silk fibroin (pg. 8). Ishi et al. teaches the artificial leather a base fibrous layer, an adhesive layer and a skin layer (Fig. 2 and 3).
Claim(s) 23 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ishi et al. (JP 2021-8679). Note: A machine translation is being used for JP 2021-8679.
Considering Claim 23: Ishi et al. teaches an artificial leather comprising a base material layer comprising a fiber base material (pg. 3), wherein the base layer comprises a protein/polymeric substance (pg. 8) that is a recombinant protein that is preferably a modified spider silk fibroin (pg. 8). Ishi et al. teaches the polypeptide as having a hydrophibicity of 0.3 to more (pg. 23). Ishi et al. teaches the artificial leather a base fibrous layer, an adhesive layer and a skin layer (Fig. 2 and 3).
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 7-17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Ishi et al. (JP 2021-8679) in view of Li et al. (US 2008/0175991). Note: A machine translation is being used for JP 2021-8679.
Considering Claims 1, 7, 8, 11-14: Ishi et al. teaches an artificial leather comprising a base material layer comprising a fiber base material (pg. 3), wherein the base layer or epidermis layer comprises a protein (pg. 8) that is a recombinant protein that is preferably a modified spider silk fibroin (pg. 8).
Ishi et al. does not teach that that the peptide is bonded to a second segment that contains a molecular group having a plasticizing function. However, Li et al. teaches a silk fibroin peptide (¶0007) modified with a polyether segment (¶0031-32). The modified peptide is applied to a fibrous substrate. Ishi et al. and Li et al. are analogous as they are concerned with the same field of endeavor, namely modifying fibrous substrates with fibroin peptides. It would have been obvious to a person of ordinary skill in the art to have modified the recombinant protein of Ishi et al. with the polyether segment of Li et al., and the motivation to do so would have been, as Li et al. suggests, to increase the strength of the fibrous substrate to which the peptide is applied (¶0031).
Considering Claims 9 and 10: Ishi et al. teaches the polypeptide as having a hydrophibicity of 0.3 to more (pg. 23).
Considering Claims 15-17: Ishi et al. teaches the artificial leather as comprising a base fibrous layer, a porous layer, and a skin layer, or a base fibrous layer, an adhesive layer and a skin layer (Fig. 2 and 3). The protein can be in the skin layer (pg. 8), which may be porous (pg. 8).
Considering Claim 19: Ishi et al. teaches the silk fibroin as comprising serine units (pg. 10), which contain a hydroxyl group. Hydroxyl groups are known initiators for ethylene oxide polymerization to produce polyethylene oxide polyethers.
Claim 2 are rejected under 35 U.S.C. 103 as being unpatentable over Ishi et al. (JP 2021-8679) in view of Li et al. (US 2008/0175991). Note: A machine translation is being used for JP 2021-8679.
Considering Claim 2: Ishi et al. teaches an artificial leather comprising a base material layer comprising a fiber base material (pg. 3), wherein the base layer or epidermis layer comprises a protein (pg. 8) that is a recombinant protein that is preferably a modifed spider silk fibroin (pg. 8). Ishi et al. teaches the polypeptide as having a hydrophibicity of 0.3 to more (pg. 23).
Ishi et al. does not teach that that the peptide is bonded to a second segment that contains a molecular group having a plasticizing function. However, Li et al. teaches a silk fibroin peptide (¶0007) modified with a polyether segment (¶0031-32). The modified peptide is applied to a fibrous substrate. Ishi et al. and Li et al. are analogous as they are concerned with the same field of endeavor, namely modifying fibrous substrates with fibroin peptides. It would have been obvious to a person of ordinary skill in the art to have modified the recombinant protein of Ishi et al. with the polyether segment of Li et al., and the motivation to do so would have been, as Li et al. suggests, to increase the strength of the fibrous substrate to which the peptide is applied (¶0031).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Ishi et al. (JP 2021-8679) in view of Li et al. (US 2008/0175991). Note: A machine translation is being used for JP 2021-8679.
Considering Claim 20: Ishi et al. teaches an artificial leather comprising a base material layer comprising a fiber base material (pg. 3), wherein the base layer or epidermis layer comprises a protein (pg. 8) that is a recombinant protein that is preferably a modifed spider silk fibroin (pg. 8). Ishi et al. teaches the polypeptide as having a hydrophibicity of 0.3 to more (pg. 23). Ishi et al. teaches the artificial leather as comprising a base fibrous layer, a porous layer, and a skin layer, or a base fibrous layer, an adhesive layer and a skin layer (Fig. 2 and 3).
Ishi et al. does not teach that that the peptide is bonded to a second segment that contains a molecular group having a plasticizing function. However, Li et al. teaches a silk fibroin peptide (¶0007) modified with a polyether segment (¶0031-32). The modified peptide is applied to a fibrous substrate. Ishi et al. and Li et al. are analogous as they are concerned with the same field of endeavor, namely modifying fibrous substrates with fibroin peptides. It would have been obvious to a person of ordinary skill in the art to have modified the recombinant protein of Ishi et al. with the polyether segment of Li et al., and the motivation to do so would have been, as Li et al. suggests, to increase the strength of the fibrous substrate to which the peptide is applied (¶0031).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Ishi et al. (JP 2021-8679) in view of Li et al. (US 2008/0175991). Note: A machine translation is being used for JP 2021-8679.
Considering Claim 21: Ishi et al. teaches an artificial leather comprising a base material layer comprising a fiber base material (pg. 3), wherein the base layer or epidermis layer comprises a protein (pg. 8) that is a recombinant protein that is preferably a modifed spider silk fibroin (pg. 8). Ishi et al. teaches the polypeptide as having a hydrophibicity of 0.3 to more (pg. 23). Ishi et al. teaches the artificial leather as comprising a base fibrous layer, a porous layer, and a skin layer, or a base fibrous layer, an adhesive layer and a skin layer (Fig. 2 and 3).
Ishi et al. does not teach that that the peptide is bonded to a second segment that contains a molecular group having a plasticizing function. However, Li et al. teaches a silk fibroin peptide (¶0007) modified with a polyether segment (¶0031-32). The modified peptide is applied to a fibrous substrate. Ishi et al. and Li et al. are analogous as they are concerned with the same field of endeavor, namely modifying fibrous substrates with fibroin peptides. It would have been obvious to a person of ordinary skill in the art to have modified the recombinant protein of Ishi et al. with the polyether segment of Li et al., and the motivation to do so would have been, as Li et al. suggests, to increase the strength of the fibrous substrate to which the peptide is applied (¶0031).
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIAM J HEINCER whose telephone number is (571)270-3297. The examiner can normally be reached M-F 7:30-5:00.
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/LIAM J HEINCER/Primary Examiner, Art Unit 1767
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