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 .
Status of Claims
Claims 1-20 are pending.
Election/Restrictions
Applicant’s election without traverse of synthetic leather as the base fabric material, textile material as the material of the base fabric material, antimicrobial agent as the beneficial agent and C12-C14-alkyl(ethylbenzyl)dimethylammonium chloride as the antimicrobial agent in the reply filed on 17 February 2026 is acknowledged.
Claim 3 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species of base fabric material, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 17 February 2026.
Claims 1-2 and 4-20 are examined herein to the extent that the base fabric material is synthetic leather, the material of the base fabric material is textile material, the beneficial agent is an antimicrobial agent and the antimicrobial agent C12-C14-alkyl(ethylbenzyl)dimethylammonium chloride as, e.g., applicant's elected species.
Information Disclosure Statement
The information disclosure statement (IDS) filed 09/26/2025 has been considered by the Examiner. A signed and initialed copy of the IDS is included with the instant Office Action.
Claim Rejections - 35 USC § 102
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.
Claims 1-2, 4-5, 8-9 and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ZHAO (CN 114892413 A, Date published: 12 August 2022).
Regarding claims 1-2, 4-5, 8 and 15, Zhao discloses deodorizing and antibacterial functional synthetic leather (page 2, last paragraph of the English translation). Zhao discloses that a deodorizing and antibacterial composition is impregnated in the base cloth (page 3, fifth paragraph of the English translation). Zhao discloses that the deodorizing and antibacterial treatment includes quaternary ammonium salt (page 7, third paragraph of the English translation). Zhao discloses that the deodorizing antibacterial leather can be used as a shoe lining leather (inner lining leather of shoe) (e.g., base fabric material having a surface portion and an interior portion and an antimicrobial that is impregnated at least a part of the interior portion of the base fabric material and provides structural strength to fabric of a shoe) (page 5, second to last paragraph of the English translation).
Regarding instant claim 9, Zhao discloses deodorizing and antibacterial surface leather (e.g., only the surface of the leather has antibacterial composition and not the throughout the leather (e.g., heterogeneously impregnated)) (claim 1 of the English translation).
Regarding instant claim 16, Zhao discloses obtaining needle-punched non-woven fabric (e.g., textile material) (page 5, fifth paragraph of the English translation).
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-2, 4-9 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over ZHAO (CN 114892413 A, Date published: 12 August 2022) in view of ROY (WO 2017/041038 A1, publication date: 09 March 2017).
Zhao is primarily directed towards deodorizing and antibacterial functional synthetic leather (abstract).
Regarding claims 1-2, 4-5, 8 and 15, Zhao discloses deodorizing and antibacterial functional synthetic leather (page 2, last paragraph of the English translation). Zhao discloses that a deodorizing and antibacterial composition is impregnated in the base cloth (page 3, fifth paragraph of the English translation). Zhao discloses that the deodorizing and antibacterial treatment includes quaternary ammonium salt (page 7, third paragraph of the English translation). Zhao discloses that the deodorizing antibacterial leather can be used as a shoe lining leather (inner lining leather of shoe) (e.g., base fabric material having a surface portion and an interior portion and an antimicrobial that is impregnated at least a part of the interior portion of the base fabric material and provides structural strength to fabric of a shoe) (page 5, second to last paragraph of the English translation).
Regarding instant claim 9, Zhao discloses deodorizing and antibacterial surface leather (e.g., only the surface of the leather has antibacterial composition and not the throughout the leather (e.g., heterogeneously impregnated)) (claim 1 of the English translation).
Regarding instant claim 16, Zhao discloses obtaining needle-punched non-woven fabric (e.g., textile material) (page 5, fifth paragraph of the English translation).
Zhao does not specifically teach that the quaternary ammonium salt is C12-C14-alkyl(ethylbenzyl)dimethylammonium chloride. The deficiency is made up for by the teachings of Roy.
Roy is primarily directed towards compositions and method for multipurpose disinfection and sterilization solutions broadly effective against multiple microbial pathogens (abstract).
Regarding claims 6-7, Roy teaches disinfecting composition comprising including quaternary ammonium salt (paragraph [0006]). Roy teaches that quaternary ammonium salt include C12-C14-alkyl(ethylbenzyl)dimethylammonium chloride (paragraph [0006]).
It would have been prima facie obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention to produce a synthetic leather that is in the form of including an inner lining for a shoe (e.g., base fabric material having a surface portion and an interior portion and an antimicrobial that is impregnated at least a part of the interior portion of the base fabric material and provides structural strength to fabric of a shoe) that is impregnated with a deodorizing and antibacterial composition that comprises including quaternary ammonium salt that further includes C12-C14-alkyl(ethylbenzyl)dimethylammonium chloride. The person of ordinary skill in the art would have been motivated to make those modifications because Roy teaches that quaternary ammonium salt includes C12-C14-alkyl(ethylbenzyl)dimethylammonium chloride which one of ordinary skill in the art would substitute in as the particular quaternary ammonium salt in the antibacterial composition, and reasonably would have expected success because Zhao discloses deodorizing and antibacterial functional synthetic leather (page 2, last paragraph of the English translation). Zhao discloses that a deodorizing and antibacterial composition is impregnated in the base cloth (page 3, fifth paragraph of the English translation). Zhao discloses that the deodorizing and antibacterial treatment includes quaternary ammonium salt (page 7, third paragraph of the English translation). Roy teaches disinfecting composition comprising including quaternary ammonium salt (paragraph [0006]). Roy teaches that quaternary ammonium salt include C12-C14-alkyl(ethylbenzyl)dimethylammonium chloride (paragraph [0006]).
Claims 10, 14 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao in view of Roy as applied to claims 1-2, 4-9 and 15-16 above, and further in view of TAKAYUKI (JP2007277759A, date published: 25 October 2007).
Regarding claim 10, the composition of claim 1 is described above in section 10.
Zhao and Roy do not specifically teach that the antibacterial agent is homogeneously impregnated throughout the fabric material. Zhao and Roy do not specifically teach that the composition is prepared by a process that comprises contacting the base fabric material and the Zhao and Roy do not specifically teach that the antibacterial agent antibacterial agent with supercritical fluid carbon dioxide in an enclosure under an elevated pressure to allow the beneficial agent to impregnate at least a part of the interior portion of the base fabric material. The deficiencies is made up for by the teachings of Takayuki.
Takayuki is primarily directed towards anti-microbial fiber structure, by which the fiber structure having a high anti-microbial property and high durability (abstract of the English translation).
Regarding claims 10 and 17, Takayuki teaches a highly durable antibacterial fiber structure so that isopropylmethylphenol (e.g., antibacterial agent) does not fall off due to washing or the like (page 4, eighth paragraph of the English translation). Takayuki teaches impregnating fiber structure with an antibacterial agent in supercritical fluid in a container, wherein the temperature and pressure are set in the container to be equal to or higher than the critical temperature and the critical pressure, respectively (page 5, fourth paragraph of the English translation). Takayuki teaches that the antibacterial agent is uniformly adhered to the fiber and since the fiber swells, the antibacterial agent enters the fiber (e.g., homogeneously impregnated throughout the fabric material). Takayuki teaches that the antibacterial property of the antibacterial agent adhered to the fiber can be exhibited to the maximum (page 5, last paragraph of the English translation). Takayuki teaches that the supercritical fluid includes carbon dioxide (page 4, first paragraph of the English translation).
Regarding claim 14, Takayuki teaches retention of the antibacterial agent of on the fiber including 78% even after 100 washes (page 9, second to last paragraph of the English translation).
Regarding claims 18-20, the claims are drafted in the product-by-process format. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 227 USPQ 964, 966 (Fed. Cir. 1985). See MPEP 2113.
It would have been prima facie obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention to produce a synthetic leather that is in the form of including an inner lining for a shoe (e.g., base fabric material having a surface portion and an interior portion and an antimicrobial that is impregnated at least a part of the interior portion of the base fabric material and provides structural strength to fabric of a shoe) that is impregnated with a deodorizing and antibacterial composition that comprises including quaternary ammonium salt that further includes C12-C14-alkyl(ethylbenzyl)dimethylammonium chloride; wherein fiber of the lining are impregnated with the deodorizing and antibacterial composition that comprises including C12-C14-alkyl(ethylbenzyl)dimethylammonium chloride by impregnating the fiber with the deodorizing and antibacterial composition that comprises including C12-C14-alkyl(ethylbenzyl)dimethylammonium chloride in supercritical fluid including carbon dioxide in a container, wherein the temperature and pressure are set in the container to be equal to or higher than the critical temperature and the critical pressure, respectively. The person of ordinary skill in the art would have been motivated to make those modifications because in order to obtain fabric with having a high anti-microbial property and high durability by using the fabric treated using the method taught by Takayuki that comprises using supercritical fluid including carbon dioxide in a container and setting the temperature and pressure in the container to be equal to or higher than the critical temperature and the critical pressure, respectively. The person of ordinary skill in the art would have reasonably expected success because Takayuki teaches a highly durable antibacterial fiber structure so that isopropylmethylphenol (e.g., antibacterial agent) does not fall off due to washing or the like (page 4, eighth paragraph of the English translation). Takayuki teaches impregnating fiber structure with an antibacterial agent in supercritical fluid in a container, wherein the temperature and pressure are set in the container to be equal to or higher than the critical temperature and the critical pressure, respectively (page 5, fourth paragraph of the English translation). Takayuki teaches that the antibacterial agent is uniformly adhered to the fiber and since the fiber swells, the antibacterial agent enters the fiber (e.g., homogeneously impregnated throughout the fabric material). Takayuki teaches that the antibacterial property of the antibacterial agent adhered to the fiber can be exhibited to the maximum (page 5, last paragraph of the English translation). Takayuki teaches that the supercritical fluid includes carbon dioxide (page 4, first paragraph of the English translation). Takayuki teaches retention of the antibacterial agent of on the fiber including 78% even after 100 washes (page 9, second to last paragraph of the English translation).
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao in view of Roy as applied to claims 1-2, 4-9 and 15-16 above, and further in view of SALAMA (US 2020/0115845 A1).
Regarding claims 11-13, the composition of claim 1 is described above in section 10.
Zhao and Roy do not specifically teach that at least 30%, at least 50% or at least 70% of the interior portion of the synthetic leather lining (e.g., base fabric material with interior portion) is impregnated with the antibacterial agent. The deficiency is made up for by the teachings of Salama.
Salama is primarily directed towards a method of making an antimicrobial textile (abstract).
Regarding claims 11-13, Salama teaches a method of making an antimicrobial textile (paragraph [0010]). Salama teaches antimicrobial textile comprising fibers having a surface area in which 30-100% of the surface area is covered with TiO2 as an antimicrobial (paragraph [0060]).
It would have been prima facie obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention to produce a synthetic leather that is in the form of including an inner lining for a shoe (e.g., base fabric material having a surface portion and an interior portion and an antimicrobial that is impregnated at least a part of the interior portion of the base fabric material and provides structural strength to fabric of a shoe) that is impregnated with a deodorizing and antibacterial composition that comprises including quaternary ammonium salt that further includes C12-C14-alkyl(ethylbenzyl)dimethylammonium chloride; wherein fiber of the inner lining have a surface area in which 30-100% of the surface area is covered with the antibacterial composition that comprises including quaternary ammonium salt that further includes C12-C14-alkyl(ethylbenzyl)dimethylammonium chloride. The person of ordinary skill in the art would have been motivated to make those modifications in order to obtain an antibacterial effect of the inner lining by optimizing the amount of antibacterial composition that is impregnated in the synthetic leather inner lining using including the range of antimicrobial on textile that is taught by Salama, and reasonably would have expected success because Salama teaches a method of making an antimicrobial textile (paragraph [0010]). Salama teaches antimicrobial textile comprising fibers having a surface area in which 30-100% of the surface area is covered with TiO2 as an antimicrobial (paragraph [0060]).
Thus, the claimed invention as a whole is clearly prima facie obvious over the teachings of the prior art.
Conclusion and Correspondence
No claims are found allowable.
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/John P Nguyen/
Examiner, Art Unit 1619
/DAVID J BLANCHARD/Supervisory Patent Examiner, Art Unit 1619