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 § 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 2-15 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.
Claims 2 and 4-5 include performing steps “for a predetermined duration”. This is indefinite and does not sufficiently describe what is claimed.
Claim 3 recites the limitation "the intermediate solution being incubated". There is insufficient antecedent basis for this limitation in the claim. This claim should depend upon claim 2.
Claims 6-15 describe analytical techniques, not a coating method. It is unclear how taking a sample occurs and how it is necessary for the coating method in the claims. Further, it is noted, that any result from a commercially available analytical method would naturally flow from the claimed method, thus making it neither novel nor obvious.
Claim 7 recites the limitation "the one or more samples". There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (WO 2022/098528 A1) in view of Limketkai et al. (US 2017/0274097 A1)
As to claim 1, Wang et al. teaches a method for developing an antimicrobial fabric (p8), the method comprising: coating a metal organic framework solution on a polypropylene fabric (fibers p 7, line 10-30); forming an MOF-coated fabric (p7-8); and loading a benzalkonium chloride (BAC)-based surfactant on the MOF-coated fabric to develop the antimicrobial fabric (p 5). Wang et al. does not teach the metal organic framework is a cyclodextrin-based metal organic framework (CD-MOF-1).
Limketkai et al. teaches a metal organic framework that includes an antibacterial molecule (para 0007-0008). The metal organic framework is a cyclodextrin-based metal organic framework (abstract) that is widely used for various applications due to their abilities to form inclusion compounds (para 0003) that can be coated on a wide variety of materials, including fabrics/patches (para 0064).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Wang et al. to include that its metal organic framework is a cyclodextrin-based metal organic framework (CD-MOF-1) as taught by Limetkai et al. teaches they hold antibacterial molecules as inclusion compounds and can be coated on a wide variety of materials, including fabrics/patches.
Allowable Subject Matter
Claims 2 or 5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The prior art does not teach the particular method steps.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELLY M GAMBETTA whose telephone number is (571)272-2668. The examiner can normally be reached M-F 9-5:30.
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, Gordon Baldwin can be reached at 571-272-5166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KELLY M. GAMBETTA
Primary Examiner
Art Unit 1718
/KELLY M GAMBETTA/Primary Examiner, Art Unit 1718
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