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 § 102
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, 3, and 5–8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Koichiro.
Koichiro discloses a sterilization method for textile products such as clothes and linens, which are made up of fibers, wherein the method includes the application of a polyakylene biguanide compound represented by Applicant’s General Formula (I), and a nonionic surfactant such as polyoxyethylene alkyl ether and fatty acid esters such as glycerin fatty acid esters and sucrose fatty acid esters. Koichiro abstract, Description.
The polyakylene biguanide may be applied to the textile products at levels in a preferred range of 0.005–0.5% by mass. Id. Description.
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.
Claim(s) 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Koichiro as applied to claim 1 above, and further in view of Yutaka (KR 20200047742 A).
Koichiro fails to teach that the use of an anionic surfactant selected from the group consisting of carboxylate salt, sulfonate salt, sulfate ester salt, and phosphate ester salt; or the fiber is a heat adhesive conjugate fiber comprising an olefin-based resin.
Yutaka teaches the treatment of a polyolefin-based conjugate fiber, wherein the treatment comprises anionic surfactants such as sulfonates and sulfate ester salts that improve hydrophilicity. Yutaka abstract, Description.
It would have been obvious to one of ordinary skill in the art to have looked to Yutaka for guidance as to suitable fiber types in order to successfully practice the invention of Koichiro. Additionally, it would have been obvious to have added the anionic sulfate ester salt surfactant of Yutaka to the sterilization compound of Koichiro motivated by the desire to impart hydrophilicity to the fabric.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW D MATZEK whose telephone number is (571)272-5732. The examiner can normally be reached M-F 9:30-6.
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, Jennifer Boyd can be reached at 571.272.7783. 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.
/MATTHEW D MATZEK/Primary Examiner, Art Unit 1786
Prosecution Insights