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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-8 in the reply filed on 07/20/2026 is acknowledged. Claims 9-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 7 and 8 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by CN 110 499 643 A issued to Yan.
Regarding Claim 1, where Applicant seeks a method of treating a fabric to provide UV protection, the method comprising: soaking the fabric in an aqueous solution of ferulic acid and/or a ferulic acid derivative; removing the fabric from the aqueous solution; and drying the soaked fabric: Applicant is directed to claim 1 of the instant reference which clearly teaches a method to impart UV resistance properties to the fabric by immersing it in a ferulic acid solution, removing it from the bath and drying.
Regarding Claim 7, where Applicant seeks that the method of claim 1 wherein the aqueous solution comprises a ferulic acid derivative comprising sinapic acid, chlorogenic acid, caffeic acid, rosmarinic acid, p- coumaric acid, and/or ethyl hexyl ferulate: Applicant is directed to ¶ 11 under the heading of Description, and claims 1 and 2, which teaches that the ferulic acid is mixed with sinapic acid, p-coumaric acid and water.
Regarding Claim 8, where Applicant seeks that the method of claim 1 wherein the drying the soaked fabric comprises heating the soaked fabric at a temperature of between about 80 degrees C and about 180 degrees C: Applicant is directed to step 2 shown in claim 6 and ¶ 18 under the Description heading of the instant reference, which teaches that the drying temperature is 80-120°C.
Claim(s) 1-3 and 7 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Universal fabrication of superhydrophobic and UV resistant cotton fabric with polyphenols by Xing et al.
Regarding Claim 1, where Applicant seeks a method of treating a fabric to provide UV protection, the method comprising: soaking the fabric in an aqueous solution of ferulic acid and/or a ferulic acid derivative; removing the fabric from the aqueous solution; and drying the soaked fabric: Applicant is directed to step 1 in the materials and methods section, where Xing et al. teach a method to impart UV resistance properties to the fabric by immersing it in a ferulic acid solution, removing it from the bath and drying it.
Regarding Claim 2, where Applicant seeks that the method of claim 1 wherein the aqueous solution comprises ferulic acid and wherein the aqueous solution is at a temperature of between about 25 degrees C to about 90 degrees C during the soaking step: Applicant is directed to Table 1 lines 2 and 3 where they show the temperatures to be between 60-90 degrees.
Regarding Claim 3, where Applicant seeks that the method of claim 2 wherein the aqueous solution is at a temperature of between about 75 degrees C and about 90 degrees C during the soaking step: Applicant is directed to Table 1 lines 2 and 3 where they show the temperatures to be between 60-90 degrees.
Regarding Claim 7, where Applicant seeks that the method of claim 1 wherein the aqueous solution comprises a ferulic acid derivative comprising sinapic acid, chlorogenic acid, caffeic acid, rosmarinic acid, p- coumaric acid, and/or ethyl hexyl ferulate: Applicant is directed to Table 1 lines 2 and 3 where they show the use of ferulic and caffeic acids.
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.
Claim(s) 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 110 499 643 A issued to Yan or Universal fabrication of superhydrophobic and UV resistant cotton fabric with polyphenols by Xing et al.
Both the references teach what is set forth above but neither reference teaches the aqueous solution is at a temperature of between about 25 degrees C and about 130 degrees C or 100 degrees C for claim 4 and about 130 degrees C during the soaking step for claim. A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have a soaking temperature with the ranges of 25 -130 degrees C. One would have been motivated to do so, as soaking at about 25–130 °C likely improves penetration of the ferulic acid into the fiber structure.
Regarding Claim 6, where Applicant seeks that the method of claim 1 wherein the aqueous solution further comprises one or more surfactants, the one or more surfactants together have a hydrophilic lipophilic balance (HLB) of between about 14 and about 20: A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have used one or more surfactants to having a HLB of about 14-20 as adding a surfactant directly addresses ferulic acid’s hydrophobicity and would improve solubility, dispersion, and stability in water, which are essential for effective UV protection. Without it, the molecule would remain poorly distributed, reducing both performance and formulation quality. One would have been motivated to chose a surfactant with an HLB of about 14-20, they are optimized for stabilizing hydrophilic compounds in oil phases, which is exactly the need when formulating ferulic acid-based UV protection in aqueous systems
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPUB 20030143166 issued to Heger et al., teach aqueous dispersions for UV protective fabrics.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Arti Singh-Pandey whose telephone number is (571)272-1483. The examiner can normally be reached Monday-Thursday 8:30-5:00 and 8:00-10:00.
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/Arti Singh-Pandey/
Primary Patent Examiner
Art Unit 1759
asp
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