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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/28/2025 has been entered.
Election/Restriction
Claims 1, 3-7, 9-14, 16, 27, 29-32, are elected as cited in the reply filed on 12/02/2022. Applicant has also elected with traverse the species of PA11 for the polyamide block, and PTMG for the flexible block, which are encompassed by claims 1, 3-7, 9-14, 16, 27, 29-32, which are examined below.
Claims 8, and 28, are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention and Species, there being no allowable generic or linking claim.
Response to Amendment
The previous rejection of Claim(s) 1, 3-6, 8, 13, 27, 29, and 30, under 35 U.S.C. 103 as being unpatentable over US 2005/0049363 A1 to Tebbe et al. (hereinafter Tebbe) and in further view of US 2015/0218731 A1 to Mitadera et al. (hereinafter Mitadera) is/are withdrawn in light of the Applicant’s amendments.
The previous rejection of Claim(s) 7, 9-13, under 35 U.S.C. 103 as being unpatentable over US 2005/0049363 A1 to Tebbe et al. (hereinafter Tebbe) in further view of US 2015/0218731 A1 to Mitadera et al. (hereinafter Mitadera), as applied to claim 1, and in further view of JP 2017-095616 A to Honma. (hereinafter Honma) is/are withdrawn in light of the Applicant’s amendments.
The previous rejection of Claim(s) 14 and 16, under 35 U.S.C. 103 as being unpatentable over US 2005/0049363 A1 to Tebbe et al. (hereinafter Tebbe) in further view of US 2015/0218731 A1 to Mitadera et al. (hereinafter Mitadera), as applied to claim 1, and in further view of CA 2,313,192 A1 to Voigt et al. (hereinafter Voigt) is/are withdrawn in light of the Applicant’s amendments.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.
Claim 14 is 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.
Claim 14 recites “wherein said textile material is formed form a composition comprising from 15% to 99.9 wt% by weight of said block copolymer…from 0.1% to 49% by weight of at least one other component…and/or from 0.1% to 10% by weight of additives…” The “and/or” makes the claim unclear as to what is required in the composition, such as if the “other component” and the “additives” are both optional components or if the “other component” is required and the “additives” is an optional component.
It appears the claim should read that the composition comprises said block copolymer and at least one other component and/or additives, which would clarify the claim to require one of either the other component or the additives.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3-7, 10-14, 16, 27, and 29-32, is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2011/0203037 A1 to Naka et al. (hereinafter Naka) and in further view of CA 2,313,192 A to Voigt et al. (hereinafter Voigt).
Regarding claims 1, 3-7, 10-14, 16, 27, and 29-32, Naka teaches a mixture of 60 parts or polyether block amide copolymer PEBAX MV1041SA01, 40 parts of polyether block amide copolymer PEBAX 6333SA01, 1 part of styrene-maleic anhydride copolymer (SMA), 0.6 parts of an antioxidant, 5 parts of a titanium oxide filler, 0.3 parts of an ultraviolet absorbent, and 0.3 parts of a light stabilizer, wherein the mixture is melted and mixed and produced into resin pellets (para 70). The resin pellets are then used to form a raw yarn comprising a filament having a diameter of about 20 microns (para 70), which meets the claimed textile material. It is known in the art that the above PEBAX MV1041SA01 is a block copolymer with 75 wt% PA12 hard segment and 25 wt% PEG soft segment, and PEBAX 6333SA01 is a block copolymer with 80 wt% PA12 and 20 wt% PTMEG, which meets the claimed block copolymer with no aromatic diamine cited in claims 1, 5-7, 10-14. The above also correlates to 93.3 wt% of block copolymer, 0.9 wt% of a SMA, and 5.8 wt% of additives, which meets the claimed wt% cited in claim 31 and 32, and meets claim 14 because the “and/or” appears to make the other components to be optional. Naka further teaches the above fibers can be used in fabrics for clothing (para 63-65), may be weaved with other fibers such as polyamide (PA) fibers (para 66), which meets claims 16, and 27. The above filaments are also known in the textile art to be defined as “continuous length fibers” and meets the length/diameter ratio and infinite length cited in claims 29 and 30. Naka also teaches the fibers may further include other resin such as polyamide resins or polyester resins (para 47-48).
Naka does not explicitly teach wherein the copolymer is end blocked with a polycarbodiimide.
However, Voigt teaches a thermoplastic moulding composition used in mono- and multi-filaments, fibres and nonwoven and woven fabrics (page 1, ln 1-13), comprising a biodegradable polymer and at least one stabilizer (page 2, ln 4 to page 3, ln 5) and may further include fillers, and additives, and other thermoplastic blend partners such as polyester or polyamides (page 11, ln 30 to page 13, ln 11), and is used in the field of filaments, fibers, and fabrics for clothing and/or textiles. (page 13, ln 32 to page 14, ln 3), which is the same field of polyamide molding compositions for textile and fibers as the claimed invention. The stabilizer is used in a preferable amount of 0.05-5 wt% of the total mixture (page 2, ln 7-15) and is preferably a carbodiimide. (page 3, ln 5-8). Voigt also teaches wherein the polymer includes polyether-amides, polyester-amides, and/or polyether-ester-amides (page 3, ln 21-27), that are built up in block form from polyethylene glycol or polytetrahydrofurans (page 8, ln 13-19), dicarboxylic acids, and caprolactone sand/or amino carboxylic acids (page 7 to page 8). Specifically in the examples, Voigt teaches melt kneading 90 wt% of a polyester-amide (BAK 1095) or polyether-ester-amide (BAK 2195), with 10 wt% of a hydrolysis stabilizer polycarbodiimide, Stabaxol P, P100 and/or P200, (See examples, Table 1, page 15, ln 1-25). The above Stabaxol meets the claimed polycarbodiimide having the claimed amounts and mw cited in claims 1, 3-4. Voigt further teaches the above polycarbodiimide, when melt-mixed with the polyether-amides and/or polyester-amides, will increase the thermooxidative stability by reducing the end group contents of the degradable plastics and achieving hydrolytic stability (page 10, ln 29-36). This meets the claimed chain end blocked, and urea bond and polydispersity because Voigt teaches a substantially identical composition obtained by the same process as the Applicant recites in their specification that the claimed invention is obtained by melt mixing the block copolymer with the polycarbodiimide in an extruder and is then extruded, which is further evident by Voigt teaching that similarly, the polycarbodiimide will increase the thermooxidative stability by reducing the end group contents (i.e. chain end blocked) of the degradable plastics. See MPEP 2112.01. (Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)).
It would have been obvious to one ordinarily skilled in the art before the effective date of the claimed invention to further blend and melt mix the polyether block amide composition of Naka with the amount of polycarbodiimide stabilizer of Voigt because Voigt teaches the same field of polyamide molding compositions for textile and fibers as the claimed invention, and Voigt teaches the polycarbodiimide is a hydrolysis stabilizer because, when melt-mixed with the polyether-amides and/or polyester-amides, the polycarbodiimide will increase the thermooxidative stability by reducing the end group contents of the degradable plastics and achieving hydrolytic stability (page 10, ln 29-36).
Claim(s) 9, is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2011/0203037 A1 to Naka et al. (hereinafter Naka) and in further view of CA 2,313,192 A to Voigt et al. (hereinafter Voigt), as applied to claim 1, and in further view of JP 2017-095616 A to Honma. (hereinafter Honma).
Regarding claim 9, as cited above and incorporated herein, Naka and Voigt teaches claim 1. Naka teaches the polyamide is preferable a polyether block amide such as Pebax (para 23-24), and specifically uses PEBAX 6333SA01, which is block copolymer with 80 wt% PA12 and 20 wt% PTMG.
Naka does not explicitly teach the block copolymer with 30-70 wt% PTMG block.
However, Honma teaches mixing/kneading in an extruder 100 parts (95.23 wt%) of PEBAX 5533 SP with 5 parts (4.76wt%) of Stabaxol P (Se Example 3, Table 1, para 178), and extruded to form pellets and used to form a molding. (para 172-174). PEBAX 5533 SP is a block copolymer of nylon 12 hard segment and about 30wt% of PTMEG soft segment and meets the claimed polyetherimide block copolymer. Honma also teaches the resin composition comprises the above polyetheramide and the carbodiimide compound, additives (para 89), and the PEBAX provides for excellent dynamic properties and moldability with good compatibility with carbodiimide compounds. (para 69).
It would have been obvious to one ordinarily skilled in the art before the effective date of the claimed invention to use the PEBAX 5533 SP of Honma for the PEBAX 6333SA01 of Naka because Honma teaches the same field of use of extruded polyamide-based blends of the Applicant’s invention, and Honma also teaches the PEBAX 5533 SP provides for excellent dynamic properties and moldability with good compatibility with carbodiimide compounds. (para 69).
Response to Arguments
Applicant’s arguments with respect to the above claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/HA S NGUYEN/Examiner, Art Unit 1766