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 .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: Claim 20 and dependent claim 21 lack antecedent basis for the feature of a “portion of the composite product is non-water soluble”. The specification does not describe a non-water soluble portion.
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.
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.
Claims 20 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Drake et al (US 4,517,006) in view of Day et al (US 20110014261).
Drake is directed to a composite material for the controlled release of an active substrate comprises a relatively insoluble polymeric, matrix (11) in which a soluble particulate material (12) is dispersed. When the composite is placed in an aqueous medium, dissolution of the particulate material substantially increases the water permeability of the matrix. This effect may be used to provide for the controlled release of an active material into the aqueous medium (ABST).
Drake teaches controlled release glasses (CRG) such as those described US 4350675 and the glasses can be phosphate or borate based. Drake suggest a controlled release borate glass.
Drake teaches the particulate material is a soluble glass composition or a mixture of such glass compositions. Water soluble glass compositions have the important property that their dissolution rate may be tailored to a desired value by composition adjustment thus providing for the manufacture of composite materials with a wide range of release characteristics. Many of these glasses are biologically inert (col. 1 and 2, lines 66-68, 1-5).
Drake teaches borate glasses and the glasses comprise boric oxide and another oxide (col. 2, lines 49-61). The other oxides can be an alkali metal and an alkali metal/borate glasses.
Drake teaches the composite can be in the form of a fiber (col. 3, lines 8-13).
Drake teaches when the dissolvable composite comprises active ingredients such as herbicides, insecticides, fungicides which are used for applications such as structure for soil or crop treatment, biocidal purification of water courses, corrosion protection and inhibition of bacterial growth in water systems (col. 3, lines 46-65). The herbicides, insecticides and fungicides are equated with wood preservatives and are equated with the non-water soluble portion of the composite product.
As Drake teaches a dissolvable glass fiber and the dissolvable glass fibers release an active ingredient that functions as a wood preservative, Drake teaches a wood preservative comprising a dissolvable glass fiber as claimed.
Drake differs and does not teach the percentage of boric oxide in the glass fibers.
Day is directed to a scaffold body comprising about 40-90% B2O3 and two or more oxides. Day is directed to the field of borate-based glass or ceramic materials with controllable degradation behavior [0002]. The tissue scaffold employs structural components in the form of one or more fibers, hollow fibers and the components are made from the borate based component [0019]-[0021]. The oxides are alkali oxides such as alkaline earth oxides [0028]. The borate glasses release boron in-vivo as they react with the body fluids [0025]. The boric acid dissolves [0063].
Day teaches the scaffold component materials of the invention are borate-based in that bioactivity. The borate glasses disclosed herein, compared to silicate glasses, have significantly faster reaction rates, lower melting temperatures, resistance to crystallization, and in certain they contain between about 40 and about 90 wt % B2O3, such as between about 50 and about 90 wt % B2O 3. Borate glasses have several important advantages for biological use such as their ease of preparation, ability to be made into glass particulates, microspheres or fibers at relatively low temperatures without crystallization, and, particularly, their biocompatibility and high degree of instances the absence of silica which only slowly degrades in the body [0025].
Day teaches a borate glass that dissolves and has a borate amount up to 90% which overlaps the claimed range of 82-97%.
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As to claims 20 and 21, it would have been obvious to one of ordinary skill in the art before the effective filing date to employ a glass fiber composition consisting of boron compounds in the claimed range as Day teaches the glass fibers are soluble and dissolvable.
Allowable Subject Matter
Claims 1-19 are allowed.
The following is an examiner’s statement of reasons for allowance: The prior art being made of record fails to teach or suggest the combination of a method of preserving wood via melting boron compound into dissolved glass fibers with 82-97% B2O3 and the method step that the dissolvable glass fibers are applied to wood.
Drake is directed to controlled release glasses, such as borate glasses that comprise boric oxide and another oxide. Drake teaches the glasses can be in the form of a fiber (col. 3, lines 8-13). Drake does not teach the percentage of B2O3 of 82-97%. Drake does not teach melting the compounds and forming into glass fibers and does not teach the composite fibers are applied to wood. With regard to claim 19, Drake does not teach a water soluble coating on the dissolvable glass fibers.
Day is directed to a scaffold body comprising about 40-90% B2O3 and two or more oxides. Day is directed to the field of borate-based glass or ceramic materials with controllable degradation behavior [0002]. The tissue scaffold employs structural components in the form of one or more fibers, hollow fibers and the components are made from the borate based component [0019]-[0021]. The oxides are alkali oxides such as alkaline earth oxides [0028]. The borate glasses release boron in-vivo as they react with the body fluids [0025]. The boric acid dissolves [0063]. Day teaches a borate glass that dissolves and has a borate amount up to 90% which overlaps the claimed range of 82-97%. Day does not teach the dissolvable glass fibers are applied to the wood to be preserved.
Goettsche et al (US6352583) is directed to a method of preserving wood and use of a wood preservative for the supplemental protection of wood, comprising a copper compound, an alkanolmonoamine and a complexing organic carboxylic acid or its ammonium or alkali metal salts, and a wrap for the supplemental protection of wood which comprises this wood preservative (ABST). Goettsche teaches that boron compounds are known to be used and suitable inorganic fungicides are boron compounds such as alkali metal borates, aminoborates, boric acid, boric esters and B2O3; fluoroborates and mixtures of these (col. 3, lines 48-55). Goettsche teaches the preservative composition is applied to fabrics such as glass fibers that are applied to wood (col. 5, lines 1-23). Goettsche does not teach a glass fiber is formed from a melted mixture that comprises 82-97 mol% B2O3 and Goettsche does not teach the glass fibers are dissolvable.
With regard to claim 1 and dependent claims 2-18, the prior art of record does not teach a method of making a dissolvable glass fiber with one or more boron compounds in the amount of 82-97 mol%.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER A STEELE whose telephone number is (571)272-7115. The examiner can normally be reached 9-5:30.
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/JENNIFER A STEELE/Primary Examiner, Art Unit 1789
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