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 .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on July, 25, 2025 and November 20, 2025 have been considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-11 and 13-14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Applicant has amended their claims to read on a “solid homopolymeric polyvinyl alcohol.” However, the word “solid” is found 3 times in the specification (paragraph 0008 and 0009 and claim 1 of PgPub) and that they are only referencing that the fibers are solid. Therefore, the word “solid” appears to be new matter.
Claim Rejections - 35 USC § 102/103
Claim(s) 1-3, 9-11, and 13-14 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over WO 2021/067474 (hereinafter WO’474).
WO ‘474 disclose wipes including nonwoven webs using water-soluble polyvinyl alcohol fiber forming material (abstract). When the polymer blend includes a blend of polyvinyl alcohol polymers, the PVOH polymer blend can include a first PVOH polymer (“first PVOH polymer”) which can include a PVOH homopolymer and a second PVOH polymer (“second PVOH polymer”) which can include a PVOH homopolymer. The PVOH polymer blend or a fiber or nonwoven made therefrom can be characterized as being free or substantially free from other polymers (0061). The degree of hydrolysis (DH) of the PVOH homopolymers included in the water-soluble fibers and nonwoven webs of the present disclosure can be in a range of about 75% to about 99.9% (e.g., about 79% to about 92%, about 80% to about 90%, about 88% to 92%, about 86.5% to about 89%, or about 88%, 90% or 92% such as for cold- water soluble compositions; about 90% to about 99%, about 92% to about 99%, about 95% to about 99%, about 98% to about 99%, about 98% to about 99.9%, about 96%, about 98%, about 99%, or greater than 99%) (0062). The weight-average molecular weight of the water-soluble polymers can be in a range of about 30,000 to about 175,000, or about 30,000 to about 100,000, or about 55,000 to about 80,000, for example (0065). Plasticizers, including PEG 400, can be included (0071). Triacetin can also be included (0090). In embodiments, the fibers comprise water-soluble fibers prepared by wet cool gel spinning, melt blowing, spun bonding, or a combination thereof (106). The fibers of the disclosure can comprise one or more of the fiber forming materials disclosed herein. When a fiber includes one PVOH polymer fiber forming material, the degree of hydrolysis of the fiber is the same as the degree of hydrolysis of the PVOH polymer (109). The fibers can be prepared to any length by cutting and/or crimping an extruded polymer mixture. In embodiments, the fiber can be a continuous filament, for example, prepared by processes such as spun bonding, melt blowing, electro-spinning, and rotary spinning wherein a continuous filament is prepared and provided directly into a web form (0113). It should be noted that because the claim reads that the stabilizer is “optional”, the Examiner is interpreting that the stabilizer is not required in the present claims. However, it should be noted that the nonwoven fabric of WO ‘474 does include stearic acid (181). The polymer mixture is extruded (133). The remaining nonwoven webs were calendared at 40 psi and a temperature between 140°C and 190°C (315).
Regarding Applicant’s newly added amendments, the examiner is noting that “solid” is considered new matter. Furthermore, it is well-known that polyvinyl alcohol has a melting point of about 200°. Therefore, it would be inherent that the temps would have to melt at the claimed temperatures or it would have been obvious to melt the polyvinyl alcohol compositions at a temperature from about 190-240° to allow the composition to pass through the die fiber-forming holes.
Claim(s) 1-3, 9-11 and 13-14 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over WO 2020/219930 (hereinafter WO’ 930).
WO ‘930 discloses a nonwoven web including a plurality of fibers including blending a first and second polyvinyl alcohol polymer (abstract). The polyvinyl alcohol fiber forming materials can include polyvinyl alcohol homopolymers (0006). Another aspect of the disclosure provides a method of preparing a fiber of the disclosure using a wet cooled gel spinning process, the wet cooled gel spinning process including the steps of a) dissolving the fiber forming material in solution to form a polymer mixture, b) extruding the polymer mixture through a spinning nozzle to a solidification bath to form an extruded polymer mixture, c) passing the extruded polymer mixture through a solvent exchange bath, d) wet drawing the extruded polymer mixture, and e) finishing the extruded polymer mixture to provide the fibers (0014). The degree of hydrolysis (DH) of the PVOH homopolymers included in the water-soluble fibers and films of the present disclosure can be in a range of about 75% to about 99.9% (e.g., about 79% to about 92%, about 80% to about 90%, about 88% to 92%, about 86.5% to about 89%, or about 88%, 90% or 92% such as for cold-water-soluble compositions; about 90% to about 99%, about 92% to about 99%, about 95% to about 99%, about 98% to about 99%, about 98% to about 99.9%, about 96%, about 98%, about 99%, or greater than 99%) (0053). The weight-average molecular weight of the water-soluble polymers can be in a range of about 30,000 to about 175,000, or about 30,000 to about 100,000, or about 55,000 to about 80,000 (0057). In embodiments, the nonwoven web includes a plasticizer (0085) which can be PEG 400 (0087). Triacetin can also be included in the nonwoven web (0113). It should be noted that because the claim reads that the stabilizer is “optional”, the Examiner is interpreting that the stabilizer is not required in the present claims. However, it should be noted that the nonwoven fabric of WO ‘930 does include stearic acid (0118). The process of making the nonwoven web includes extruding the polymer mixture (0123). The nonwoven webs can be used to make wipes (0176). The nonwoven web or laminate may be heated to a temperature in a range of about 50 °C to about 200 °C, about 50 °C to about 170 °C, about 50 °C to about 150 °C, about 50 °C to about 120 °C, about 60 °C to about 130 °C, about 70 °C to about 120 °C, or about 60 °C to about 90 °C (0187).
Regarding Applicant’s newly added amendments, the examiner is noting that “solid” is considered new matter. Furthermore, it is well-known that polyvinyl alcohol has a melting point of about 200°. In addition, in paragraph (0146), WO ‘474 disclose that temperatures above 235° C cause polyvinyl alcohol fibers to degrade. Therefore, it would be inherent that the temps would have to melt at the claimed temperatures or it would have been obvious to melt the polyvinyl alcohol compositions at a temperature from about 190-240° to allow the composition to pass through the die fiber-forming holes.
Claim Rejections - 35 USC § 103
Claims 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2021/067474 (hereinafter WO’474), as set forth above, in view of WO 98/39382 (hereinafter WO ‘382). WO ‘474 disclose the claimed invention except for the teaching of a melt flow index and that the plasticizer is selected from two or more from the group listed in claim 7.
WO ‘382 disclose an improved method of manufacturing biodegradable plastics material, a polyhydroxylated polymer such as polyvinylalcohol and polyvinylalcohol/polyvinylacetate copolymer (PVA/PVAc) is mixed with a plasticiser and a stabiliser under conditions of applied physical force and temperature which enable the polymer to be worked without any significant degradation (abstract). The resultant material can be conventionally processed in numerous thermoplastic applications at temperatures of 120-205°C, eg; into blown film, sheet or other extrusion and non-woven fibres (page 11, ln 20-25. The invention also provides a biodegradable article or material manufactured from a homogeneous biodegradable plastics compound prepared by mixing a polymer with a plasticiser or a blend of plasticisers and a stabilizer or a blend of stabilizers (page 3, ln 22-25). The plasticisers can be selected from glycerol or ethylene glycol or triacetin (page 4, ln 25 to page 5, ln 20) or any combinations thereof. The stabilizers may include stearic acid or calcium stearate (page 6, ln 20-24). The resulting compound can have a melt flow index of 0.2 to 375 (page 3, ln 28-29). It would have been obvious to one having ordinary skill in the art to have used the teaching a melt flow index in the claimed range and the teaching of a blend of plasticizers as shown in WO ‘382 in the nonwoven webs of WO’474, motivated by the desire to create a compound that has superior biodegradable characteristics while retaining good strength characteristics.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2021/067474 (hereinafter WO’474) in view of Johnson et al. (US 2017/0081442). WO’ 474 disclose the claimed invention except for the teaching that the polymer composition is a blend of two or more polyvinyl alcohol polymers having the same degree of hydrolysis and different molecular weights.
Johnson et al. disclose a process for manufacturing processable polyvinyl alcohol. Plasticizers may be selected from the group consisting of polyethylene glycols, glycerol, dipentaerythritol, and mannitol (0023-0024). In particular embodiments, the polyvinyl alcohol consists of a blend of two or more polyvinyl alcohol polymers each having a degree of hydrolysis of at least 98%, alternatively one with a relatively high molecular weight and at least one relatively low as molecular weight polyvinyl alcohol. The high molecular weight polymer has a higher molecular weight than the low molecular weight polymer (0095). It would have been obvious to one having ordinary skill in the art to have used Johnson’ disclosure of two PVA polymers with differing molecular weights in the nonwoven web of WO ‘474, motivated by the desire to create a nonwoven web that is not easily degradable.
Claims 4-7 are rejected under 35 U.S.C. 103 as being unpatentable WO 2020/219930 (hereinafter WO’ 930) as set forth above, in view of WO 98/39382 (hereinafter WO ‘382). WO ‘930 disclose the claimed invention except for the teaching of a melt flow index and that the plasticizer is selected from two or more from the group listed in claim 7.
WO ‘382 disclose an improved method of manufacturing biodegradable plastics material, a polyhydroxylated polymer such as polyvinylalcohol and polyvinylalcohol/polyvinylacetate copolymer (PVA/PVAc) is mixed with a plasticiser and a stabiliser under conditions of applied physical force and temperature which enable the polymer to be worked without any significant degradation (abstract). The resultant material can be conventionally processed in numerous thermoplastic applications at temperatures of 120-205°C, eg; into blown film, sheet or other extrusion and non-woven fibres (page 11, ln 20-25. The invention also provides a biodegradable article or material manufactured from a homogeneous biodegradable plastics compound prepared by mixing a polymer with a plasticiser or a blend of plasticisers and a stabilizer or a blend of stabilizers (page 3, ln 22-25). The plasticisers can be selected from glycerol or ethylene glycol or triacetin (page 4, ln 25 to page 5, ln 20) or any combinations thereof. The stabilizers may include stearic acid or calcium stearate (page 6, ln 20-24). The resulting compound can have a melt flow index of 0.2 to 375 (page 3, ln 28-29). It would have been obvious to one having ordinary skill in the art to have used the teaching a melt flow index in the claimed range and the teaching of a blend of plasticizers as shown in WO ‘382 in the nonwoven webs of WO ‘930, motivated by the desire to create a compound that has superior biodegradable characteristics while retaining good strength characteristics.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2020/219930 (hereinafter WO’ 930) as set forth above in view of Johnson et al. (US 2017/0081442). WO’ 930 disclose the claimed invention except for the teaching that the polymer composition is a blend of two or more polyvinyl alcohol polymers having the same degree of hydrolysis and different molecular weights.
Johnson et al. disclose a process for manufacturing processable polyvinyl alcohol. Plasticizers may be selected from the group consisting of polyethylene glycols, glycerol, dipentaerythritol, and mannitol (0023-0024). In particular embodiments, the polyvinyl alcohol consists of a blend of two or more polyvinyl alcohol polymers each having a degree of hydrolysis of at least 98%, alternatively one with a relatively high molecular weight and at least one relatively low as molecular weight polyvinyl alcohol. The high molecular weight polymer has a higher molecular weight than the low molecular weight polymer (0095). It would have been obvious to one having ordinary skill in the art to have used Johnson’ disclosure of two PVA polymers with differing molecular weights in the nonwoven web of WO ‘930, motivated by the desire to create a nonwoven web that is not easily degradable.
Double Patenting
Claims 1-14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-12 of copending Application No. 18/233086 Although the claims at issue are not identical, they are not patentably distinct from each other because.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Rejection is maintained.
Claims 1-14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-19 of copending Application No. 18/233008. Although the claims at issue are not identical, they are not patentably distinct from each other because both the present invention and the copending application are drawn to methods of making PVA fibers with similar degree of hydrolysis.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Rejection is maintained.
Terminal Disclaimer
The terminal disclaimer filed on December 30, 2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of Application 18/233003 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
Applicant's arguments filed December 31, 2025, have been fully considered but they are not persuasive for the reasons set forth. Applicant argues that none of the cited references disclose a “solid polyvinyl alcohol nor the melting temperatures of polyvinyl alcohol Regarding Applicant’s newly added amendments, the examiner is noting that “solid” is considered new matter. Furthermore, it is well-known that polyvinyl alcohol has a melting point of about 200°. In addition, the references teach that temperatures above 235° C cause polyvinyl alcohol fibers to degrade. Therefore, melting at the claimed temps would be inherent and/or it would have been obvious to do in order to allow the composition to pass through the die fiber-forming holes.
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 ULA CORINNA RUDDOCK whose telephone number is (571)272-1481. The examiner can normally be reached Monday-Friday 8-4:30 PM.
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/ULA C RUDDOCK/ Supervisory Patent Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729