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 .
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 3 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.
In claim 3, the group of proteins includes cellulose but cellulose is not a protein. Additionally, the proteins recited include edestin protein and hemp protein, but edestin protein is a type of hemp protein, so it is not clear whether any hemp protein is suitable or only edestin protein.
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 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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xu et al, CN 107447289A.
Xu discloses a method of forming a modified polyurethane fiber wherein the polyurethane includes spider silk protein. See page 3 of the machine translation. The fiber has improved dyeing properties. See page 3 of the machine translation. The thus formed fibers have improved dye uptake. See the discussion following the examples on page 5.
Claim(s) 1,2,3,7-10, 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GB 1502531.
GB ‘531 discloses a wet spun fiber formed from a mixture of polyurethane and yeast protein. See example 5. GB ‘531 teaches that other proteins which can be wet spun into fibers include soy casein, milk casein and polyamino acids. See page 1, lines 61-92. GB ‘531 teaches that filaments can be obtained by the method with deniers of 3 which would be within the range of 1 micrometer to 1 centimeter. See example 1. GB ‘531 teaches fiber lengths of 10-30 mm. See example 12. GB ‘531 teaches fiber diameters of 3-4 micrometers. See examples 11-12. The aspect ratio of the fibers would be greater than 10. Example 10 teaches a fiber having an aspect ratio of 1000.
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) 1-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over GB 1502531 in view of Broadbent et al, U.S. Patent Application Publication No. 2021/0355326.
GB ‘531 discloses a wet spun fiber formed from a mixture of polyurethane and yeast protein. See example 5. GB ‘531 teaches that other proteins which can be wet spun into fibers include soy casein, milk casein and polyamino acids. See page 1, lines 61-92. GB ‘531 teaches that filaments can be obtained by the method with deniers of 3 which would be within the range of 1 micrometer to 1 centimeter. See example 1.
GB ‘531 differs from the claimed invention because it does not teach the other claimed types of proteins, the polyols from which the polyurethane is formed, dyeing the fibers, or the modulus, aspect ratio, tenacity, or elongation of the fibers.
However, Broadbent discloses a polyurethane and protein alloy wherein the protein is dissolved in the polyurethane. See paragraph 0002. The alloy can be dyed with a dye and remain color fast. See paragraph 0118. Dyes can be present in amounts of about 2 wt% or less. See paragraph 0255. Suitable polyurethanes include those made from polyester polyol, polyether polyols and polycarbonate polyols. See paragraph 0125. Suitable proteins include collagen, gelatin, bovine serum albumin, oy proteins, pea protein, egg white albumin, casein, peanut protein, edestin protein, whey protein, karanj protein. See paragraph 0129.
With regard to the penetration of the dye, since the dyes are added to the composition, it is reasonable to expect that they would have the claimed penetration of the fibers.
Therefore, it would have been obvious to have employed the other particularly claimed proteins as taught by Broadbent to form the fibers of GB ‘531 in view of their art recognized suitability for forming alloys or compositions with polyurethanes and to have controlled the conditions of the coagulation and spinning processes, as well as the composition of the polyurethane and the amount of protein in order to control the resulting fiber properties of modulus, aspect ratio, tenacity and elongation. See all of GB ‘531, especially page 2. Additionally, since the combination of GB ‘531 teaches the same compositions formed by the same wet spinning methods into filaments having the claimed aspect ratio, lengths and diameters, there is a reasonable basis for expecting that the thus formed filaments would have the claimed properties because like materials must have like properties.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Schoborg et al, U.S. Patent Application Publication No. 2014/0250611. Schoborg discloses a polyurethane which is dyed with an acid dye. See abstract. Schoborg teaches forming the polyurethanes from polyester polyols, polyether diols, polycarbonate diols. See paragraph 0033. Schoborg teaches that the polyurethanes can be bio based. See paragraph 0043. Schoborg does not clearly disclose fibers as claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH M IMANI whose telephone number is (571)272-1475. The examiner can normally be reached Monday-Wednesday 7AM-7:30; Thursday 10AM -2 PM.
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/ELIZABETH M IMANI/Primary Examiner, Art Unit 1789
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