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 .
Information Disclosure Statement
The information disclosure statement filed 08/15/2025 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because the documents were not translated into English. It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
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.
Claims 1 and 3-9 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. No. 2019/0226123 to Wamprecht et al.
As to claims 1, 3, and 5-6, Wamprecht discloses melt spun multifilaments based on thermoplastic polyurethanes (Abstract) wherein the multifilaments are extruded between temperatures of 165 and 215°C to avoid high pressure generation and reduce bubble formation (0042), wherein the multifilament properties are fineness values of 226 to 783 dtex, tensile strengths of 2.8 to 5.18 cN/tex, and elongation of 197 to 329% (Table 4, apples to claim 6). With regards to the bonding force, Wamprecht discloses extruding the multifilament structure to form bonds and because the temperature and pressure are similar to those used in the instant specification the bonding force of the individual yarns bonded in the multifilament structure would be present (6:25-64).
With regard to the befringence, the Office realizes that all of the claimed effects or physical properties are not positively stated by the reference. However, the reference teaches extruded thermoplastic polyurethane multifilament fibers including properties that are the same. Therefore, the additional claimed effects and physical properties, i.e. bifringence would implicitly be achieved by a composite with all the claimed ingredients. If it is the applicants’ position that this would not be the case: (1) evidence would need to be provided to support the applicants’ position; and (2) it would the Office’s position that the application contains inadequate disclosure that there is no teaching as to how to obtain the claimed properties with only the claimed ingredients.
As to claim 4, Wamprecht discloses the addition of fatty acid amides (0064, 0087).
As to claim 7, Wamprecht does not expressly disclose the fineness of a single filament. However, it is maintained that it would have been obvious to one have ordinary skill in the art to have produced single filaments with the desired fineness per the teachings of Wamprecht as the multifilaments which is produced from patentees’ process with the reasonable expectation of success. This is because teaching of “desired final products” implicity suggest the production of any conventional product, inclusive of filaments as presently claimed, to one having ordinary skill in the art.
As to claims 8-9, Wamprecht discloses socks, stockings, compression textiles, surgical hoses, sport textiles, and underwear prepared from the thermoplastic polyurethane fibers (0001).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 3-9 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
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 MICHAEL L LEONARD whose telephone number is (571)270-7450. The examiner can normally be reached M - F 7:00-4:00.
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/MICHAEL L LEONARD/ Primary Examiner, Art Unit 1763