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 .
In view of the Appeal Brief filed on March 5, 2026, PROSECUTION IS HEREBY REOPENED. New grounds of rejection are set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/SAHANA S KAUP/ Supervisory Primary Examiner, Art Unit 1612
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims
Claim Rejections - 35 USC § 103 – Obviousness (New Rejections)
1) Claims 1 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Kawakami et al. (EP 3505677) in view of Girgis et al. (EP 0170201).
Kawakami et al. disclose surface modified nanofibers. The surface-modified nanofibers are obtained by modifying the surfaces of polymer nanofibers with an acidic substance and a basic substance, and which are characterized in that the acidic substance has proton conductivity and the basic substance increases the modification amount of the acidic substance; an electrolyte membrane which contains these nanofibers; and a method for producing a composite membrane, which comprises a step for forming a nonwoven fabric formed of polymer nanofibers, a step for subjecting the nonwoven fabric to a surface modification treatment, a step for integrating the surface-modified nanofibers and a matrix polymer by filling the pores of the nonwoven fabric with the matrix polymer, and a step for subjecting an electrolyte membrane containing the surface-modified nanofibers to a post-treatment (Abstract). The surface modified nanofiber has functional groups which exhibit proton conductivity and includes a sulfonic acid group, a phosphonic acid group or a carboxylic acid group. Polymers used include polybenzoxazoles, polybenzothioazoles, polyindoles, polyquinolines, polyvinylimidazoles, polyallylamines and polyethyleneimines. In addition, sided chains include polyimides. A type of crosslinked structure is formed by a plurality of surface-modified nanofibers being bound at two or more places. By forming this type of crosslinked structure, it is possible to form a strong non-woven fabric structure. The fabric of the reference is encompassed by material.
Kawakami et al. differ from the instant claims insofar as they do not disclose that the crosslinking agent is a diisocyanate.
Girgis et al. disclose flexible bundles of high modulus, low elongation fibers that may be used to produce woven and nonwoven fabrics. The individual fibers bundle were first treated with an aqueous sizing composition having at least a fiber protectant and optionally an antistatic agent and/or coupling agent. An impregnating composition is utilized and has one or more water soluble, dispersible or emulsifiable elastomeric polymers (Abstract). A crosslinking material is present in the aqueous impregnating coating. The crosslinking material can be self-cross-linkable and/or cross-linkable with the elastomeric polymer. The crosslinking material is present in an effective amount to provide a degree of crosslinking to reduce any tackiness of the elastomeric polymer in moisture reduced impregnant residue or to render the elastomeric polymer water insoluble in moisture reduced, at least partially cured residue of the aqueous impregnating composition. Also when the bundle of filaments is to be coated further as a woven or nonwoven fabric with a film coating of a polymeric matrix, the crosslinking material can provide sufficient cross-linkability for good adhesion or cohesion with a matrix polymer. The amount of the crosslinking material present in the aqueous coating composition is an amount to provide effective crosslinking of the moisture reduced residue of the elastomeric polymer to provide a film that has a hardness and elongation of about 100 to about 800 percent. A few nonexclusive examples of self-cross-linkable materials include those monomers which are reactive with polyurethane like diisocyanate and polyisocyanates and organic compounds with at least two active hydrogens. The impregnating composition provides flexibility to the bundle of filaments/fibers.
Generally, it is prima facie obvious to select a known material for incorporation into a composition, based on its recognized suitability for its intended use. See MPEP 2144.07. It would have been obvious to one of ordinary skill in the art to have used an impregnating composition comprising diisocyanates as the crosslinking agent to modify the nonwoven fabrics of Kawakami et al. because using the impregnating composition would lead to a nonwoven fabric with improved flexibility. The impregnating solution would be distributed through the fibers, meeting homogeneously distributed in the nonwoven fibers, and would also provide reactive groups of diisocyanates.
2) Claims 1 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka et al. (JP 2012031538) in view of Girgis et al. (EP 0170201).
Tanaka disclose a nonwoven fabric. The fabric comprises ultrafine fiber made from polyolefins such as polyurethanes. The nonwoven fabric contains a polymeric elastic body. The polymer elastic body includes polycarbonate urethane, polyamide-based thermoplastic elastomers, particularly polyurethane-based elastomers. Resins particles are also included on the fiber substrate surface and includes crosslinked polyurethane resin.
Tanaka differs from the instant claims insofar as it does not disclose the crosslinked polyurethane is crosslinked with diisocyanates or that the fabrics are crosslinked throughout.
Girgis et al. disclose flexible bundles of high modulus, low elongation fibers that may be used to produce woven and nonwoven fabrics. The individual fibers bundle were first treated with an aqueous sizing composition having at least a fiber protectant and optionally an antistatic agent and/or coupling agent. An impregnating composition is utilized and has one or more water soluble, dispersible or emulsifiable elastomeric polymers (Abstract). A crosslinking material is present in the aqueous impregnating coating. The crosslinking material can be self-cross-linkable and/or cross-linkable with the elastomeric polymer. The crosslinking material is present in an effective amount to provide a degree of crosslinking to reduce any tackiness of the elastomeric polymer in moisture reduced impregnant residue or to render the elastomeric polymer water insoluble in moisture reduced, at least partially cured residue of the aqueous impregnating composition. Also when the bundle of filaments is to be coated further as a woven or nonwoven fabric with a film coating of a polymeric matrix, the crosslinking material can provide sufficient cross-linkability for good adhesion or cohesion with a matrix polymer. The amount of the crosslinking material present in the aqueous coating composition is an amount to provide effective crosslinking of the moisture reduced residue of the elastomeric polymer to provide a film that has a hardness and elongation of about 100 to about 800 percent. A few nonexclusive examples of self-cross-linkable materials include those monomers which are reactive with polyurethane like diisocyanate and polyisocyanates and organic compounds with at least two active hydrogens. The impregnating composition provides flexibility to the bundle of filaments/fibers.
Generally, it is prima facie obvious to select a known material for incorporation into a composition, based on its recognized suitability for its intended use. See MPEP 2144.07. It would have been obvious to one of ordinary skill in the art to have used a diisocyanate as the crosslinker of Tanaka et al. or have used an impregnating composition comprising diisocyanates as the crosslinking agent to modify the nonwoven fabrics of Tanaka et al. because they are suitable crosslinkers for polyurethane polymers and using the impregnating composition would lead to a nonwoven fabric with improved flexibility. The impregnating solution would be distributed through the fibers, meeting homogeneously distributed in the nonwoven fibers, and would also provide reactive groups of diisocyanates.
3) Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Tanaka et al. (JP 2012031538) in view of Girgis et al. (EP 0170201) in further view of DSM Biomedical (2015).
Tanaka et al. in view of Girgis et al. is discussed above and differs from the instant claims insofar as it does not disclose thermoplastic silicone polycarbonate-urethane.
DSM Biomedical discloses thermoplastic silicone polycarbonate urethane has improved stability over polycarbonate urethane.
It would have been obvious to one of ordinary skill in the art prior to filing the instant application to have used thermoplastic silicone polycarbonate urethane as the polyurethane of Tanaka et al. in view of Girgis et al. because they provide improved stability.
Conclusion
Claims 1 and 5-6 are rejected.
Claim 13 is withdrawn.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEZAH ROBERTS whose telephone number is (571)272-1071. The examiner can normally be reached Monday-Friday 11:00-7:30.
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/LEZAH ROBERTS/ Primary Examiner, Art Unit 1612
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