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 .
Claims 1-31 are pending. Applicant's election with traverse of claims 1-11 in the reply filed on April 29, 2026 is acknowledged. The traversal is on the ground(s) that all the claims are sufficiently related that a search for one group would encompass a search for all groups. This is not found persuasive because the composition of invention I with identical components can be used on substrates other than textiles such as hard surfaces like kitchen counters or on food packaging as “textile” and the search for the composition would not necessarily encompass the claimed textile material or textile treating methods.
The requirement is still deemed proper and is therefore made FINAL.
Claims 12-31 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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.
Claim 2 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 recites the quat silane comprises 3-(trimethyoxysilyl)propyldimethyl octadecyl ammonium chloride, chloropropyltrimethoxysilane, methanol, octadecyldimethylamine or a combination thereof but only 3-(trimethyoxysilyl)propyldimethyl octadecyl ammonium chloride, chloropropyltrimethoxysilane are quat silanes and the claim allows for selection of any of the components as indicated by the “or”. Since this allows for the selection of methanol, octadecyldimethylamine which are not quat silanes without the presence of 3-(trimethyoxysilyl)propyldimethyl octadecyl ammonium chloride, chloropropyltrimethoxysilane which are quat silanes. The examiner is unclear as to if the applicant was requiring all the components listed or just a selection of one or some of the components. For examination purposes, the examiner interpreted the claim to be just a selection of one or more of the listed components.
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.
Claims 1-7,10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Bordini (EP 4144217).
Bordini teaches antimicrobial coating compositions comprising up to 10% quat silanes such as 3-(trimethoxysilyl)propyldimethyloctadecyl ammonium chloride (paragraph 0057-0058,0066) and 0.01-0.5% benzoic acid as a phenolic crosslinker (paragraph 0062,0068) and the balance water (paragraph 0078). Bordini teaches treating cellulose with the claimed quat silane in the presence of water and methanol (paragraph 0014). Bordini teaches treating cotton fabrics (paragraph 0028) and drying after treating (abstract).
Bordini does not teach all the claimed embodiments in a single example but one of ordinary skill in the art could arrive at the claimed compositions by selecting from the teachings of Bordini.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to select the claimed 3-(trimethoxysilyl)propyldimethyloctadecyl ammonium chloride as the quat silane and benzoic acid as the phenolic crosslinker at the claimed ratio to prepare an antimicrobial composition as Bordini teaches these compositions are safe, effective and durable when grafted on surfaces and provide long term protection against pathogenic species. Bordini emphasizes the quat silanes provide the antimicrobial benefit and benzoic acid provides crosslinking for durable binding to a surface such as cotton. It would have been obvious to select the claimed ratio of benzoic acid to quat silane from the ranges disclosed by Bordini through routine experimentation to maximize the antimicrobial benefit and durability of the coating to surfaces such as cotton. Bordini teaches the compositions can comprise the quat silane, a curing agent, a wetting agent, a primer and benzoic acid polyphenol in a single compositions with the balance being water. 0.5% benzoic acid, 2% quat silane and 6% curing agent can be selected permitting a balance of 91.5% water (paragraphs 0066-0068). It is noted that the water in the composition will evaporate upon drying of the coating and allow for the 70-80% or 73-78% of quat silane and 20-30% or 23-28% of benzoic acid of the total coating composition after removal of the water.
Claims 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Wheless (US 2021/0198840) in view of Moses (US 2007/0237901).
Wheless teaches odor reducing and antibacterial compositions comprising 5-60% benzoic acid as an odor control agent (paragraph 0030) in a water containing medium (paragraph 0035) applied to fabrics (0021,0038,0043). Wheless teaches quaternary ammonium silanes are known to be used for bacterial control on garments (paragraph 0004)
Wheless does not teach the amount of quat silane or the ratio of benzoic acid to quat silane.
Moses teaches combining an effective amount of quat silane, acidic stabilizing solution and water to prepare stabilized antimicrobial compositions (paragraph 0116). Moses teaches the silane concentration varies based on the target application and is generally about 0.1 to about 50 wt% (paragraph 0199) quat silanes such as 3-(trimethoxysilyl)propyldimethyloctadecyl ammonium chloride (paragraph 0134) or chloropropyltrimethoxysilane (paragraph 0181) with benzoic acids as acidity adjuster and UV protectants (paragraph 0074, 0226) and the balance of water (paragraph 0027) to form acidified stabilizing solutions for treating fabrics such as upholstery, clothing, towels and laundry (paragraph 0340, 0341,0342,0346). Moses teaches drying after coating (claim 63).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the odor reducing and antibacterial compositions of Wheless by incorporating about 0.1 to about 50% silane such as 3-(trimethoxysilyl)propyldimethyloctadecyl ammonium chloride or chloropropyltrimethoxysilane to provide the benefit of antimicrobial silane coatings to fabrics. Wheless invites the inclusion of quat silanes for bacterial growth control on garments. It would have been obvious to arrive at the claimed ratio of benzoic acid to quat silane and the amount of water by selecting from the disclosed effective concentrations of quat silane and benzoic acid and providing the balance to 100% with water. Adjusting the amounts through routine experimentation to enhance antimicrobial benefit and odor control as well as stability of the composition is obvious. It is noted that the water in the composition will evaporate upon drying of the coating and allow for the 70-80% or 73-78% of the total coating composition of quat silane.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMINA S KHAN whose telephone number is (571)272-5573. The examiner can normally be reached Monday-Friday, 9am-5:30pm EST.
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/AMINA S KHAN/Primary Examiner, Art Unit 1761
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