FINAL 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
Receipt is acknowledged of the claim amendments filed on 10 June 2026.
Claims 1, 4-8 and 11-13 have been amended.
Claim 3 remains withdrawn from consideration.
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 is C12-C14-alkyl(ethylbenzyl)dimethylammonium chloride, e.g., applicant's elected species.
Rejections Withdrawn
The rejection of claims 1-2, 4-5, 8-9 and 15-16 under 35 U.S.C. 102(a)(1) as being anticipated by ZHAO (CN 114892413 A, Date published: 12 August 2022), is withdrawn in view of the amendment of claim 1 filed on 10 June 2026.
New Grounds of Rejection Necessitated by the Claim Amendments
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 1-2 and 4-20 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 1 and 12-13 recites “at least 30% of the interior portion”, “at least 30% of the interior portion”, and “at least 30% of the interior portion”, respectively, which renders claims 1-2 and 4-20 indefinite because it is unclear what percentage of the interior portion is being referred to by the “at least 30%”, “at least 50%” and “at least 70%” (e.g., weight %, molar %, surface area %, etc.). As written, one skilled in the art would not be reasonably apprised of the metes and bounds of the claims.
Rejections Recasted, Modified and Maintained as Necessitated by the Claim Amendments
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, 11-13 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) and SALAMA (US 2020/0115845 A1).
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. Zhao does 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 deficiencies are made up for by the teachings of Roy and Salama.
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]).
Salama is primarily directed towards a method of making an antimicrobial textile (abstract).
Regarding claims 1 and 12-13, 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 wt % of the surface area is covered with TiO2 as an antimicrobial (e.g., 100 wt% of surface area of shoe lining leather reads on at least 30%, at least 50% or at least 70% of the interior portion at least 30%, at least 50% or at least 70% of the interior portion) (paragraph [0060]).
Regarding claim 11, Salama teaches that the antimicrobial textile (e.g., apparel fabric composition) comprises TiO2 (e.g., antimicrobial) at a weight percentage of 0.01-2.00 wt % and embodiments where the weight percentage is greater than 2.00 wt % (paragraph [0059]).
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 wt % 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 (e.g., amount of interior portion of the base fabric material that is impregnated); and wherein the inner lining for the shoe (e.g., apparel fabric composition comprising a base fabric) comprises the antibacterial composition that comprises including quaternary ammonium salt that further includes C12-C14-alkyl(ethylbenzyl)dimethylammonium chloride in amount of 0.01-2.00 wt % or greater than 2.00 wt%. The person of ordinary skill in the art would have been motivated to make those modifications because: 1) Roy teaches that quaternary ammonium salt includes C12-C14-alkyl(ethylbenzyl)dimethylammonium chloride for disinfection (e.g., antimicrobial) which one of ordinary skill in the art would substitute in as the particular quaternary ammonium salt in the antibacterial composition and 2) used amounts of 30-100% of the surface area is covered with an antimicrobial and weight percentage of 0.01-2.00 wt % or more than 2.00 wt % of antimicrobial on the textile to optimize the antimicrobial effect which are amounts of an antimicrobial for textile that Salama teaches. The person of ordinary skill in the art would have reasonably 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]). 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]).
Claims 10, 14 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao in view of Roy and Salama as applied to claims 1-2, 4-9, 11-13 and 15-16 above, and further in view of TAKAYUKI (JP2007277759A, date published: 25 October 2007).
Regarding claims 10, 14 and 17-20, the composition of claim 1 is described above in section 9.
Zhao, Roy and Salama do not specifically teach that the antibacterial agent is homogeneously impregnated throughout the fabric material. Zhao, Roy and Salama do not specifically teach that the composition is prepared by a process that comprises contacting the base fabric material and the 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 inner lining have a surface area in which 30-100 wt % 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 (e.g., amount of interior portion of the base fabric material that is impregnated); wherein the inner lining for the shoe (e.g., apparel fabric composition comprising a base fabric) comprises the antibacterial composition that comprises including quaternary ammonium salt that further includes C12-C14-alkyl(ethylbenzyl)dimethylammonium chloride in amount of 0.01-2.00 wt % or greater than 2.00 wt%; and 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 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).
Thus, the claimed invention as a whole is clearly prima facie obvious over the teachings of the prior art.
Response to Arguments
Applicant argues on pages 9-10 that Salama’s disclosure of surface area coverage is not the same as being impregnated, where impregnated is defined as being filled, imbued, permeated, saturated, or thoroughly permeated. Applicant argues that Salama fails to remedy the deficiency of the limitations “wherein at least 30% of the interior portion of the base fabric material is impregnated with the beneficial agent”.
Applicant's arguments filed on 10 June 2026 have been fully considered but they are not persuasive. It must be pointed out that it is unclear what the “at least 30%” is a measure of (is it by weight, by volume, surface are, etc.?). Furthermore, 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). Salama teaches making antimicrobial textile that involves impregnating a textile with an antimicrobial (paragraph [0001]). Salama teaches that the textile preferably has accessible interstitial spaces formed by and between the surfaces of the woven and/or non-woven components (paragraph [0056]). Therefore, Zhao and Salama teaches impregnating a fabric material and one of ordinary skill in the art, in light of the disclosure of Zhao and the teachings of Roy and Salama would have been motivated to use amounts of 30-100% of the surface area is covered with an antimicrobial and weight percentage of 0.01-2.00 wt % or more than 2.00 wt % of antimicrobial on the textile to optimize the antimicrobial effect of a base cloth.
Thus, for the reasons of record and for the reasons presented above claims 1-2 and 4-20 are rejected under 35 U.S.C. 103(a).
Conclusion and Correspondence
No claims are allowed.
THIS ACTION IS MADE FINAL.
Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN P NGUYEN whose telephone number is (571)270-5877. The examiner can normally be reached Monday-Friday 10am-6pm EST.
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, David Blanchard can be reached on (571) 272-0827. 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.
/JOHN P NGUYEN/
Examiner, Art Unit 1619
/ANNA R FALKOWITZ/Primary Examiner, Art Unit 1600
Prosecution Insights