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 the Claims
Claims 1, and 8-24 are pending and are subject to this Office Action. Claims 2-7 are cancelled. Claim 1 is amended. Claims 21-24 are new.
Response to Amendment
The amendments to the claims filed on January 6, 2026 are acknowledged.
Response to Arguments
Applicant's arguments, see pgs 4-6, filed January 6, 2026, with respect to the rejection(s) of claims 1, and 8-20 under 35 U.S.C. 103 have been fully considered but they are not persuasive.
On pg. 5, Applicant argues that Sebastian fails to teach that the cellulose acetate filaments themselves comprise the filler; instead, Sebastian teaches that the overall filter or tow comprise a filler. Applicant argues that there is no teaching in Sebastian that the alleged degradation filler can be incorporated into the cellulose acetate filaments of Caenen. Examiner respectfully disagrees with the arguments because Caenen states that additives such as degradation agents can be added to the dope to form the filaments (Caenen, [0056]-[0058]). As Caenen states that the cellulose acetate filaments may include degradation agents but does not provide specific examples of degradation agents (Caenen, [0056]-[0057]), and Sebastian demonstrates that alginate or cellulose are suitable degradation agents for a cellulose acetate filter (Sebastian, [0076]), one of ordinary skill in the art would have been motivated to provide the tow band taught by Caenen wherein the degradation agent filler is alginate or cellulose as taught by Sebastian. Furthermore, Sebastian states that the second plurality of fibers can comprise the second plurality of fibers can comprise cellulose, cellulose acetate with imbedded starch particles, alginate, and blends thereof (Sebastian, [0011]). In the embodiment of Sebastian wherein the second plurality of fibers comprises a blend of cellulose, cellulose acetate with imbedded starch particles, and alginate, the cellulose and alginate are incorporated into a cellulose acetate filament. As such, the arguments are unpersuasive.
The following is a modified rejection based on amendments made to the claims.
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.
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.
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, and 8-19 are rejected under 35 U.S.C. 103 as being unpatentable over Caenen (US 2019/0075842 A1) in view of Sebastian (US 2014/0096783 A1).
Regarding Claim 1, Caenen, directed to cellulose acetate compositions ([0002]) and cigarette filters ([0007]), teaches a cellulose acetate tow band ([0007], [0024]-[0025], The cellulose acetate filaments are formed into a tow band), the tow band comprising:
a) cellulose acetate filaments ([0007], [0024]-[0025]),
wherein the cellulose acetate has a degree of substitution (DS) of greater than 1.3 ([0007], [0015]); and
b) wherein the cellulose acetate filaments contain a plasticizer ([0007], [0056]-[0057], The cellulose acetate filaments may include additives such as plasticizers) and
a filler ([0007], [0056]-[0057], The cellulose acetate filaments may include additives such as including degradation agents. Degradation agents are fillers); and
wherein the filler is present in an amount from 0.1 to 15 % by weight of the tow band ([0007], [0056]-[0058], The additives (including the degradation agents (filler)) may be present in the dope at an amount from 0.01% to 10% by weight of the polymer (cellulose acetate). The dope is used to form the filaments, which are used to form the tow band),
but does not teach the cellulose acetate tow band wherein the filler enhances a degradation rate of the cellulose acetate tow band, wherein the filler comprises galactose, ribose, xylose, an oligosaccharide, cellulose, hemicellulose, hyaluronic, alginate, guar gum, chitin, chondroitin, hemp seed polysaccharide, or combinations thereof; wherein the filler has a greater rate of degradation than the cellulose acetate.
Sebastian, directed to cigarette filters ([0002]), teaches a cellulose acetate filter ([0009], The filter element comprises a first plurality of cellulose acetate fibers and a second plurality of fibers. [0011], The second plurality of fibers can comprise a degradable polymeric material, such as cellulose, regenerated cellulose, cellulose acetate with imbedded starch particles, alginate, and copolymers and blends thereof),
wherein the cellulose acetate filter contains a filler comprising alginate or cellulose ([0009], The filter element comprises a first plurality of cellulose acetate fibers and a second plurality of fibers. [0011], The second plurality of fibers can comprise a degradable polymeric material, such as cellulose, regenerated cellulose, cellulose acetate with imbedded starch particles, alginate, and copolymers and blends thereof);
wherein the filler has a greater rate of degradation than cellulose acetate ([0039], Because Sebastian teaches the cellulose acetate composition comprising a filler such as alginate or cellulose as recited in [0025] of the instant specification, one of ordinary skill would reasonably expect the filler of the prior art to have a greater rate of degradation than the cellulose acetate similarly as claimed, absent evidence to the contrary, since the filler of the prior art is equivalent to the claimed filler).
It would have been obvious to one of ordinary skill in the art to provide the tow band taught by Caenen wherein the degradation agent filler is alginate or cellulose as taught by Sebastian because Caenen and Sebastian are directed to cigarette filters, Caenen states that the cellulose acetate filaments may include degradation agents but does not provide specific examples of degradation agents (Caenen, [0056]-[0057]), Sebastian demonstrates that alginate or cellulose are suitable degradation agents for a cellulose acetate filter (Sebastian, [0076]), and this involves substituting one compound for another to yield predictable results.
The range for the filler amount disclosed by the prior art overlaps the claimed range, and therefore the claimed range of 0.1 to 15 % by weight of the tow band are considered prima facie obvious. See MPEP § 2144.05 (I).
Regarding Claims 8-10, Because Caenen in view of Sebastian teaches the tow band wherein the filler comprises alginate or cellulose as claimed in Claim 1 (Sebastian, [0011]), one of ordinary skill would reasonably expect the filler of the prior art to have degradation rates of at least 3%, 10% and 15% greater than cellulose acetate similarly as claimed, absent evidence to the contrary, since the filler of the prior art is equivalent to the claimed filler.
Regarding Claim 11-13, Caenen in view of Sebastian teaches the tow band according to claim 1. Caenen further teaches the tow band wherein the tow band comprises a weight ratio of the cellulose acetate to the filler from 1:99 to 99:1, and 1:50 to 50:1, and 1:25 to 25:1 ([0007], [0056]-[0058], The additives (filler) may be present in the dope at an amount from 0.01% to 10% by weight of the polymer. [0024] states that the dope comprises a solvent capable of dissolving the cellulose ester polymer, which may be cellulose acetate. Therefore, it is reasonably understood that the polymer of [0058] refers to cellulose acetate. If the additive solely comprises the filler (degradation agent), the weight ratio of the cellulose acetate to the filler from 9:1 to 9999:1. Because the additive further includes a plasticizer at an unspecified amount, the ratio values would be slightly modified; however, the ratio values would still overlap the claimed range). The ranges for the weight ratio of the cellulose acetate to the filler reasonably suggested by the prior art overlap the claimed ranges, and therefore the claimed ranges of 1:99 to 99:1, 1:50 to 50:1, and 1:25 to 25:1 are considered prima facie obvious. See MPEP § 2144.05 (I).
Regarding Claim 14, Caenen in view of Sebastian teaches the tow band according to claim 1. Caenen further teaches the tow band wherein the tow band comprises cellulose acetate in an amount from 0.1 to 99.9 % by weight, based on the total weight of the tow band ([0007], [0056]-[0058], The additives (plasticizer and degradation agent) may be present in the dope at an amount from 0.01% to 10% by weight of the polymer (cellulose acetate). The dope is used to form the filaments, which are used to form the tow band. If the tow band consists of the additives and cellulose acetate, the tow band comprises cellulose acetate in an amount from 90% to 99.99 % by weight, based on the total weight of the tow band). The range for the cellulose acetate amount disclosed by the prior art overlaps the claimed range, and therefore the claimed range of 0.1 to 99.9% by weight of the tow band are considered prima facie obvious. See MPEP § 2144.05 (I).
Regarding Claim 15, Caenen in view of Sebastian teaches the tow band according to claim 1. Caenen further teaches the tow band wherein the cellulose acetate has a degree of substitution from 2 to 2.9 ([0015]).
Regarding Claim 16, Caenen in view of Sebastian teaches the tow band according to claim 1. Caenen further teaches the tow band wherein the tow band comprises from 0.01 to 25 % by weight additives, based on the total weight of the tow band ([0007], [0056]-[0058], The additives may be present in the dope at an amount from 0.01% to 10% by weight of the polymer. [0024] states that the dope comprises a solvent capable of dissolving the cellulose ester polymer, which may be cellulose acetate. Therefore, it is reasonably understood that the polymer of [0058] refers to cellulose acetate. The dope is used to form the filaments, which are used to form the tow band. The additives may comprises a plasticizer, active particles, active compounds, ion exchange resins, zeolites, nanoparticles, ceramic particles, softening agents, pigments, dyes, flavorants, aromas, controlled release vesicles, binders, adhesives, tackifiers, surface modification agents, lubricating agents, emulsifiers, vitamins, peroxides, biocides, antifungals, antimicrobials, antistatic agents, flame retardants, antifoaming agents, degradation agents, conductivity modifying agents, stabilizing agents, or any combination thereof).
Regarding Claim 17, Caenen teaches a cigarette filter ([0005], [0013], [0077], [0080], The cellulose acetate tow band is formed into a filter rod for use with a smoking article such as a cigarette) comprising:
a filter element comprising bloomed tow ([0077], The cellulose acetate tow band is bloomed to form a filter rod),
wherein the bloomed tow comprises the tow band according to claim 1 ([0077], The cellulose acetate tow band taught by Caenen has been modified in view of Sebastian to yield the tow band according to Claim 1).
Regarding Claim 18, Caenen teaches a method for forming the cigarette filter of claim 17 ([0077] details a method of forming the filter rod from the cellulose acetate tow band), the method comprising:
a) providing the cellulose acetate tow band ([0077], The cellulose acetate tow band must be provided in perform the crimping, blooming, and treating steps);
b) blooming the tow band ([0077], The method comprises blooming the cellulose acetate tow band); and
c) forming the bloomed tow band into a filter rod ([0077], The method comprises forming the bloomed tow band into a filter rod).
Regarding Claim 19, Caenen in view of Sebastian teaches the method of claim 18. Caenen further
teaches the method wherein the tow band is formed by:
a) combining cellulose acetate and the filler with a solvent to form a dope ([0024], [0057], The cellulose ester (cellulose acetate) is combined with a solvent to form a dope solution. The plasticizer (filler) may be added to the dope);
b) solvent-spinning the dope to form a plurality of tow filaments ([0024]-[0025], The dope is solvent spun to form a plurality of tow filaments); and
c) combining the plurality of tow filaments to form the tow band ([0024]-[0025], The plurality of tow filaments is combined to form the tow band).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Caenen (US 2019/0075842 A1) in view of Sebastian (US 2014/0096783 A1) as applied to Claim 18, and further in view of Kankaliya (US 2022/0264961 A1).
Regarding Claim 20, Caenen teaches the method wherein the tow band is formed by:
a) providing cellulose acetate in the form of a flake ([0022]-[0023]);
b) combining the flake and the filler with a solvent to form a dope ([0015], [0022]-[0024], [0056]-[0057], The cellulose ester (cellulose acetate flake) is combined with a solvent to form a dope solution. The plasticizer (filler) may be added to the dope);
c) solvent-spinning the dope to form a plurality of tow filaments ([0024]-[0025], The dope is solvent spun to form a plurality of tow filaments); and
d) combining the plurality of tow filaments to form the tow band ([0024]-[0025], The plurality of tow filaments is combined to form the tow band),
but does not teach the method comprising: a) combining cellulose acetate and the filler to form a flake.
Kankaliya, directed to cellulose acetate compositions ([0009], [0015]), teaches a method of forming a cellulose acetate tow band ([0009], [0015], [0021]-[0024] describe a method of forming a tow band from cellulose ester filaments. The cellulose ester is cellulose acetate) comprising:
a) combining cellulose acetate and a filler to form a flake ([0021] states that cellulose ester (cellulose acetate) filaments may be formed by a solvent spun method, wherein a cellulose ester (cellulose acetate) flake may be may be dissolved in a solvent to form a dope. [0022] states that cellulose ester (cellulose acetate) flake may include additives such as a plasticizer. [0081]-[0083] states that further additives for the cellulose ester filaments include degradation agents);
b) combining the flake with a solvent to form a dope ([0021]-[0023], The cellulose ester flake is dissolved in a solvent to form a dope);
c) solvent-spinning the dope to form a plurality of tow filaments ([0021]-[0023], The dope is solvent spun to form a plurality of tow filaments); and
d) combining the plurality of tow filaments to form the tow band ([0021]-[0023], The plurality of tow filaments are assembled into bundles, and the bundles are assembled to form a tow band).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the cellulose acetate and the filler to form a flake as taught by Kankaliya because Caenen and Kankaliya are directed to cellulose acetate compositons, Caenen states that the cellulose acetate may be combined with additives such as plasticizers and degradation agents (alginate/cellulose) to form the filaments (Caenen, [0024]-[0025], [0056]-[0057]), and Kankaliya demonstrates that in a method of forming a cellulose acetate tow band, a cellulose acetate flake may further include additives such as a plasticizer (Kankaliya, [0021]-[0024]) and that degradation agents are known additives for cellulose acetate filaments (Kankaliya, [0081]-[0083]).
Claims 21-24 are rejected under 35 U.S.C. 103 as being unpatentable over Caenen (US 2019/0075842 A1) in view of Lynch (US 2023/0340257 A1).
Regarding Claim 21, Caenen, directed to cellulose acetate compositions ([0002]), teaches a cellulose acetate tow band ([0007], [0024]-[0025], The cellulose acetate filaments are formed into a tow band), the tow band comprising:
a) cellulose acetate filaments ([0007], [0024]-[0025]),
wherein the cellulose acetate has a degree of substitution (DS) of greater than 1.3 ([0007], [0015]); and
b) wherein the cellulose acetate filaments contain a plasticizer and a filler ([0007], [0056]-[0057], The cellulose acetate filaments may include additives such as plasticizers. [0065] provides a list of suitable plasticizers wherein multiple plasticizers can be used. In the embodiment of Caenen comprising multiple plasticizers, at least one of the plasticizers can be regarded as a ‘plasticizer’ and at least one other plasticizer can be regarded as a ‘filler’); and
wherein the filler is present in an amount from 0.1 to 15 % by weight of the tow band ([0007], [0056]-[0058], The additives (including the degradation agents (filler)) may be present in the dope at an amount from 0.01% to 10% by weight of the polymer (cellulose acetate). The dope is used to form the filaments, which are used to form the tow band),
but does not teach the cellulose acetate tow band wherein the filler enhances a degradation rate of the cellulose acetate tow band, wherein the filler comprises galactose, ribose, xylose, an oligosaccharide, hemicellulose, hyaluronic, guar gum, chitin, chondroitin, hemp seed polysaccharide, or combinations thereof; wherein the filler has a greater rate of degradation than the cellulose acetate.
Lynch, directed to cellulose acetate compositions ([0020], [0026], The composition comprises a biodegradable polymer and a plasticizer. [0031], The biodegradable polymer may be cellulose acetate), teaches a cellulose acetate composition ([0020], [0026], [0031], The composition comprises a biodegradable polymer (cellulose acetate)),
wherein the cellulose acetate composition contains a filler comprising xylose ([0033], Suitable plasticizers include xylose);
wherein the filler has a greater rate of degradation than cellulose acetate ([0033], Because Lynch teaches the cellulose acetate composition comprising a filler such as xylose as recited in [0025] of the instant specification, one of ordinary skill would reasonably expect the filler of the prior art to have a greater rate of degradation than the cellulose acetate similarly as claimed, absent evidence to the contrary, since the filler of the prior art is equivalent to the claimed filler).
It would have been obvious to one of ordinary skill in the art to provide the tow band taught by Caenen wherein the degradation agent filler is alginate or cellulose as taught by Lynch because Caenen and Lynch are directed to cellulose acetate compositions, Caenen states that the cellulose acetate filaments may include multiple plasticizers and states that the list of example plasticizers is nonlimiting (Caenen, [0065]), Lynch demonstrates that xylose is a suitable plasticizer for a cellulose acetate composition (Lynch, [0076]), and this involves substituting one compound for another to yield predictable results.
The range for the filler amount disclosed by the prior art overlaps the claimed range, and therefore the claimed range of 0.1 to 15 % by weight of the tow band are considered prima facie obvious. See MPEP § 2144.05 (I).
Regarding Claim 22, Caenen in view of Lynch teaches the tow band according to claim 21. Caenen further teaches the tow band wherein the cellulose acetate has a degree of substitution from 2 to 2.9 ([0015]).
Regarding Claim 23, Caenen in view of Lynch teaches the tow band according to claim 21. Caenen further teaches the tow band wherein the tow band comprises from 0.01 to 25 % by weight additives, based on the total weight of the tow band ([0007], [0056]-[0058], The additives may be present in the dope at an amount from 0.01% to 10% by weight of the polymer. [0024] states that the dope comprises a solvent capable of dissolving the cellulose ester polymer, which may be cellulose acetate. Therefore, it is reasonably understood that the polymer of [0058] refers to cellulose acetate. The dope is used to form the filaments, which are used to form the tow band. The additives may comprises plasticizers, active particles, active compounds, ion exchange resins, zeolites, nanoparticles, ceramic particles, softening agents, pigments, dyes, flavorants, aromas, controlled release vesicles, binders, adhesives, tackifiers, surface modification agents, lubricating agents, emulsifiers, vitamins, peroxides, biocides, antifungals, antimicrobials, antistatic agents, flame retardants, antifoaming agents, degradation agents, conductivity modifying agents, stabilizing agents, or any combination thereof).
Regarding Claim 24, Caenen teaches a cigarette filter ([0005], [0013], [0077], [0080], The cellulose acetate tow band is formed into a filter rod for use with a smoking article such as a cigarette) comprising:
a filter element comprising bloomed tow ([0077], The cellulose acetate tow band is bloomed to form a filter rod),
wherein the bloomed tow comprises the tow band according to claim 21 ([0077], The cellulose acetate tow band taught by Caenen has been modified in view of Lynch to yield the tow band according to Claim 21).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN M. MARTIN whose telephone number is (703)756-1270. The examiner can normally be reached M-F 8:00-5:00.
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/J.M.M./
Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755