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 Status
Claims 1-5 are pending. Claim 2 is interpreted as a product-by-process claim.
Priority
PNG
media_image1.png
142
524
media_image1.png
Greyscale
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
The Examiner notes that the foreign priority document is not in English. Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/27/24 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 U.S.C. §§ 101 and 112, Second Paragraph
The following are quotations of 35 U.S.C. §§ 101 and 112, second paragraph, respectively, which form the basis of the claim rejections as set forth under this particular section of the Official Action:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
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.
Claim 5 is:
PNG
media_image2.png
100
964
media_image2.png
Greyscale
The Examiner reasonably interprets “application” as synonymous with “use” and claim 5 reads as a use claim. Claim 5 is are rejected under 35 U.S.C. § 101 as being drawn to use claims, which are non-statutory process claims, as defined in 35 U.S.C. § 101. See, Ex parte Dunki, 153 USPQ 678 (Bd. App. 1967). In addition, claim 5 is also rejected under 35 U.S.C. § 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which Applicants regard as the invention. More specifically, a claim is rendered indefinite when said claim merely recites a use (application) without any active, positive steps delimiting how this use is actually practiced. See MPEP 2175.03(q). As a result, the Applicants are respectfully required to redraft the aforementioned use claim as a statutory process claim that delimits active, positive steps on how to use a composition according to the invention as originally filed.
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 3 and 4 are 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 3 is a preparation method for an antimicrobial nylon composite material according to claim 1 comprising the steps of adding a nylon matrix material, an antimicrobial agent and a reinforcing agent into a high-sheer mixer for continuous and efficient mixing. It is unclear if these are components in addition to the components already described in claim 1 or if the method of claim 3 is making a different antimicrobial nylon composite material. If it was the same material, the Examiner expected to read: “A preparation method for the antimicrobial composite material according to claim 1…adding the nylon matrix material, the antimicrobial agent and the reinforcing agent…” Adding to the confusion is the fact that the reinforcing agent of claim 1 comprises a fiber reinforcing agent and a particle reinforcing agent. It is unclear if the reinforcing agent in the method of claim 3 also has these features or not. Claim 4 is rejected as indefinite because it is dependent upon an indefinite claim. Correction is required.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: Claims 1 and 2 appear free of the art pending a search update at the time of allowance. Antimicrobial brushes are known in the art through the teachings of Wang et al. (US20110097370). Wang et al. teach nylons 66, 610 and 612 for use in brushes ([0003, 0014, 0049]; claim 13) with silver and glass micro-powder (Claims 1 and 9-10). Sunderland et al. (US20200340145) teach fibers comprising nylon with 99% antibacterial rates against Escherichia coli and Staphlococcus aureus ([0142]; Table 10; claim 20) that can comprise clove oil, eucalyptus oil and tea tree oil (Claim 16) and antimicrobial silver [0076]. None of the references appear to teach a reinforcing agent comprising a fiber reinforcing agent and a particle reinforcing agent in a weight ratio of 1:1 as claimed.
Conclusion
Claims 1-2 are allowed pending a search update at the time of allowance.
Claims 3-5 are rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERNST V ARNOLD whose telephone number is (571)272-8509. The examiner can normally be reached M-F 7-3:30.
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, Brian Y Kwon can be reached at 571-272-0581. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ERNST V ARNOLD/Primary Examiner, Art Unit 1613
Prosecution Insights