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 .
This office action is in response to applicant’s amendments filed January 14, 2026. Claims 1-4 and 6-9 are pending. Claim 1 has been amended. Claim 5 has been cancelled. Claims 8 and 9 are new.
Claims 1-4 and 6 stand rejected under 35 U.S.C. 103 as being unpatentable over Adachi (EP 0969139A2) for the reasons set forth below.
Claim 7 stands rejected under 35 U.S.C. 103 as being unpatentable over Adachi (EP 0969139A2) and further in view of Adachi (JP 2001055670A) for the reasons set forth below.
Claim Objections
Claim 1 is objected to because of the following informalities: sodium dodecyl benzene sulfonate is listed twice in the Markush group and n-decyl is misspelled as n-decyly in the next to last line. Appropriate correction is required.
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.
Claims 1-4,6,8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Adachi (EP 0969139A2).
Adachi teaches preparing leather-like sheets by impregnating nonwoven microfiber fabric (paragraph 0045-0047,0027, 0022) with a polyurethane dispersion comprising polyester polyols, polyether polyols (paragraph 0083, 0088, 0090, 0092), monomeric aromatic diisocyanates such as tolylene diisocyanate (paragraph 0099-0100) and 1-30% anionic surfactant emulsifiers such as sodium dodecyl benzene sulfonate (paragraph 0104,0066,0063). Adichi teaches the polyols have a molecular weight of 500-5000 (paragraph 0097) and a hydroxyl number (functionality) of more than 2 (paragraph 0098) and the polyols can be polyether polyols (paragraph 0088). Adachi teaches the polyurethane emulsion impregnated into the fibrous substrate can be made without using a solvent (paragraph 0022). Adachi teaches the leather like sheets exhibit natural leather-like softness and hand touchness as well as excellent physical properties (abstract). Adachi teaches the microfibers have a portion of the polymeric material removed by dissolving (paragraph 0047). Adachi teaches after impregnating the polyurethane dispersion into the microfiber fabric, the fabric is immersed into toluene to dissolve away the sea component, of the sea-island mixed spun fibers of the nonwoven fabric (paragraph 0156,0157). Adachi further teaches using two polymers as a sea and island component which have different solubility in solvent and dissolving away the sea component (paragraph 0049-0052). Adachi teaches the amounts of the polyol and diisocyanate can be adjusted to maximize tear strength (paragraph 0101).
Adachi does not specify the polymerized units or surfactant concentration, by dry weight based on the total dry weight of the polyurethane prepolymer, from 25-40% monomeric aromatic diisocyanate, from 20-85% of a polyether polyol and from 0.1-30% a polyester polyol. Adachi does not specify the polyurethane prepolymer has an isocyanate content of from 3 to 10 percent by weight based on the weight of the polyurethane prepolymer.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the methods of Adachi by selecting the claimed amounts of polymerized units or surfactant, by dry weight based on the total dry weight of the polyurethane prepolymer, of from 25-40% or 28-35% monomeric aromatic diisocyanate, from 20-85% or 30-75% of a polyether polyol with a molecular weight of 800g/mol to 3000g/mol and a hydroxyl functionality of from 2-2.5 and from 0.1-30% a polyester polyol as Adachi emphasizes the surfactant is used in the claimed amounts based on the weight of the substrate to enhance wetting and penetration of the polymer, further the polyol and isocyanate contents directly impact the tear strength and can be chosen to ensure a high tear strength is obtained. Accordingly, the amounts of the monomeric aromatic diisocyanate, polyether polyol, surfactant and polyester polyol can be adjusted through routine experimentation to optimize the wetting and tear strength of the leather-like fabric. It would have been further obvious to modify the teachings of Adachi by preparing a polyurethane prepolymer with an isocyanate content of from 3 to 10 percent by weight based on the weight of the polyurethane prepolymer as the isocyanate content is an important variable taught by Adachi to enhance tear strength.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Adachi (EP 0969139A2) and further in view of Adachi (JP 2001055670A).
Adachi ‘139 is relied upon as set forth above.
Adachi ‘139 does not teach alkaline dissolution.
Adachi ‘670 teaches preparing a leather-like sheet from ultrafine fibers impregnated with polyurethane emulsions and performing an alkaline dissolution of the sea- components of the sea-island ultrafine mixed spun fibers (paragraph 0004-0006).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the methods of Adachi ‘139 by selecting sea-island microfibers wherein the sea component can be dissolved using alkaline dissolution as Adachi ‘670 teaches this is effective in producing leather like sheets from nonwoven microfiber fabrics with excellent feeling and in a more environmentally friendly manner as toluene use has been required to be reduced to avoid environmental pollution (paragraph 0001-0002).
Response to Arguments
Applicant's arguments filed regarding Adachi ‘139 alone or in view of Adachi ‘670 have been fully considered but they are not persuasive. Adachi ‘139 teaches 1-30% anionic surfactant emulsifiers by weight of the substrate such as sodium dodecyl benzene sulfonate for the benefit of enhancing wetting and penetration of the substrate with the treatment (paragraph 0066,0063) and adjusting to these concentration based on the dry weight of the polyurethane prepolymer would be obvious for adjusting the desired degree of wetting, penetration and emulsification of the treatment composition onto the substrate. Adichi ‘139 teaches the polyols have a molecular weight of 500-5000 (paragraph 0097) and a hydroxyl number (functionality) of more than 2 (paragraph 0098) and the polyols can be polyether polyols (paragraph 0088). It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the methods of Adachi by selecting the claimed amounts of polymerized units, by dry weight based on the total dry weight of the polyurethane prepolymer, of from 25-40% or 28-35% monomeric aromatic diisocyanate, from 20-85% or 30-75% of a polyether polyol with a molecular weight of 800g/mol to 3000g/mol and a hydroxyl functionality of from 2-2.5 and from 0.1-30% a polyester polyol as Adachi emphasizes the polyol and isocyanate contents directly impact the tear strength and can be chosen to ensure a high tear strength is obtained. Applicant has not provided any experimental data commensurate in scope with the claims demonstrating the criticality of the claimed percentages, therefore selecting them through routine experimentation to adjust the tear and shear strength is obvious. The data in applicant’s specification examples only represent a few species of components at limited concentrations to make the specific polyurethane dispersion and no fabric is indicted as being treated with the polyurethane dispersion as required by the claims. Applicant indicated after the examples table that only specially designed polyurethane dispersions at specific concentrations achieve the goals. The claims contain a much broader disclosure of polyurethane dispersions with any monomeric aromatic diisocyanate and any polyester polyol. Data has only been presented for a few species not the broad genus claimed. Accordingly, the rejections are maintained.
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.
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/AMINA S KHAN/Primary Examiner, Art Unit 1761