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 election without traverse of Group I, claims 1-6 in the reply filed on 12/23/25 is acknowledged.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over TW202039683A, (machine translation attached) in view of Pourjavadi et al, “Synthesis and super-swelling behavior of a novel protein-based superabsorbent hydrogel.
TW’683 discloses a water absorbent resin composition comprising an acid group-containing monomer aqueous solution, wherein a neutralization rate of the acid group-containing monomer is not less than 45 mol percent, the pH value of the solution is less than or equal to 7, and further comprising a crosslinking agent and a thermal decomposition polymerization initiator and/or a redox polymerization initiator. See first full paragraph page 1. Suitable monomers include carboxylic acid monomers. See page 2, 13th full paragraph. The composition can further comprise a surface treatment agent. See page 4, 5th full paragraph.
TW ‘683 differs from the claimed invention because it does not disclose adding hydrolyzed collagen to the composition.
However, Pourjavadi teaches incorporating collagen into superabsorbent hydrogels formed from carboxylic acids improved the absorbency of the hydrogel. See conclusion, page 823.
Therefore, it would have been obvious to have incorporated collagen into the superabsorbent composition of TW ‘683 and to have selected the most effective amount and molecular weight of the hydrolyzed collagen through the process of routine experimentation in order to optimize the absorbency of the superabsorbent.
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over TW202039683A, (machine translation attached) in view of Pourjavadi et al, “Synthesis and super-swelling behavior of a novel protein-based superabsorbent hydrogel as applied to claims above, and further in view of Wu et al, U.S. Patent Application Publication No. 2007/0231878.
TW ‘683 in view of Pourjavadi differs from the claimed invention because it does not disclose that the source of the collagen is fish scales.
However, Wu discloses a method for making collagen from fish scales by subjecting the fish scales to protein hydrolase, (protease). See abstract, paragraphs 0028-0036 and example 4.
Therefore, it would have been obvious to have employed collagen made from fish scales as taught by Wu in view of its ready availability and high purity. With regard to the particular protease used, it is noted that the particular process of extracting the collagen is a process limitation and therefore the burden is shifted to Applicant to show that any process difference results in an unobvious difference between the claimed product and the prior art product. Additionally, since Wu teaches extracting the collagen from the fish scales by hydrolyzing with a protease, it would have been obvious to have selected from among known protease to extract the collagen from the fish scales.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ahmed et al, U.S. Patent Application Publication No. 2009/0023848. Ahmed discloses a superabsorbent polymer composition comprising a super absorbent polymer comprising 55-99.9% by weight of polymerizable unsaturated acid group monomer, 0.001 to about % % by weight of a crosslinking agent, 50-1000 ppm of a thermal initiator, wherein the superabsorbent polymer has a degree of neutralization of 25% or greater. See paragraph 0005. Suitable monomers include carboxylic acid monomers. See paragraph 0037. Suitable polymerization initiators include thermal imitators including persulfates, as well as peroxo compound. See paragraph 0042-0043. The composition can include a surface crosslinking agent which is equated with the claimed surface treatment agent. See paragraph 0047, Further, the composition can include a polymeric coating which is also equated with a surface treating agent. See paragraph 0054-paragraph 0056. Ahmed does not disclose the claimed neutralization percentage or the presence of the hydrolyzed collagen.
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/ELIZABETH M IMANI/Primary Examiner, Art Unit 1789