CTNF 18/234,892 CTNF 66928 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 112 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 07-34-01 Claims 1-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 recites in step 2 the recited “separating polyester liquid from polyurethane and polyolefin components.” However, the claim only requires ‘fabrics containing polyester fibers” and does not require that polyurethane or polyolefin compounds are present in the fabric. Additionally, the recited ‘interwoven fabric textures’ does not require different polymer types and may be interpreted by the Examiner that the fabrics may (also) be formed from a single material. Thus, it is unclear how this separation step is performed when those components are not present. It is unclear whether step 2 is always required or simply no applicable in some cases which may impact how the claim is searched. Additionally, claim 1 recites ‘ polyester liquid,” but it is not clear what this refers to or whether it is molten polyester, a depolymerized solution or something else. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim (s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over. KR20110078934A see abstract, pages 2-7 in view of CN110835420A see abstract and pages 1-4 . With regard to claim 1 , KR20110078934A discloses a method for recycling polyester materials including depolymerizing waste polyester using ethylene glycol to produce bis-2-hydroxyethyl terephthalate, BHET, see page 3 lines 29-30. And page 6 lines 15-18 . The reference further discloses performing glycolysis/alcoholysis reactions , filtering to remove impurities and separate components, polymerizing BHET by polycondensation to form polyester and forming fibers b spinning the regenerated polyester. See page 5 lines 8-12, page 6 lines 24-36, and page 7 lines 24-26. KR20110078934A does not disclose processing mixed textile materials including additional nonpolyester polymer components. CN110835420A discloses recycling of mixed textile materials comprising polyester and additional polymer fibers such as nylon, including separating and processing mixed textile materials, depolymerizing polyester by glycolysis using ethylene glycol and separately processing nonpolyester polymer components. See page 4 lines 18-20, lines 32-36, and page 5 lines 1-4. The reference further teaches that polyester in mixed textile waste is commonly blended with other polymer fibers and that such materials are separated and processed independently. See page 2 lines 31-36. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of KR20110078934A to include the separation and independent processing of mixed polymer textile materials as taught by CN110835420A in order to enable effective recycling of mixed textile waste streams and enable effective recycling efficiency. The combination merely applies the known polyester recycling process of KR20110078934A to the known context of mixed polymer textile waste as taught by CN110835420A, using known separation and processing techniques to enable separation and independent processing of polyester and nonpolyester components. Consequently, the combined teachings of KR20110078934A and CN110835420A together disclose depolymerizing polyester material via glycolysis, separating polyester from other polymer components, recovering depolymerization products including BHET, repolymerizing the recovered material to form polyester, forming fibers from the regenerated polyester, and separately processing additional polymer components. With regard to claim 2 , KR20110078934A discloses performing depolymerization such as glycolysis and hydrolysis of the polyester under controlled temperature, pressure and time conditions, including elevated temperatures and reaction times suitable for polyesters decomposition. See page 6 lines 15-21. CN110835420A further discloses specific processing conditions for depolymerization reactions including temperatures, pressures and reaction times. See page 4 lines 32-36 and page 5 lines 7-11. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to optimize or select overlapping reaction conditions as claimed because since established that merely selecting values or ranges is not patentable absent a showing of criticality. In re Becket, 33 U.S.P.Q. 33 (C.C.P.A. 1937). In re Russell, 439 F.2d 1228, 169 U.S.P.Q. 426 (C.C.P.A. 1971). One would have been motivated to employ particular parameters as known in the art, since, the primary reference discusses the generally use of such and generally, it is prima facie obvious to determine workable or optimal values within a prior art disclosure through the application of routine experimentation. See In re Aller , 105 USPQ 233, 235 (CCPA 1955); In re Boesch , 205 USPQ 215 (CCPA 1980); and In re Peterson , 315 F.3d 1325 (CA Fed 2003). With regard to claim 3 , KR20110078934A discloses glycolysis of polyester using ethylene glycol and known process conditions. See page 5 lines 8-12 and page 3 lines 29-33. With regard to claim 4 , selection of alkaline hydrolysis conditions represent a known chemical recycling pathway for polyesters and would have been known to the skilled artisan. See KR20110078934A page 6 lines 15-18 for glycolysis reaction process. With regard to claim 5 , KR20110078934A discloses polyester depolymerization and subsequent reaction processing involving glycolysis products. See page 6 lines 34-38 and page 7 lines 1-3. CN110835420A teaches incorporation of esterification components in polyester processing systems. See page 3 lines 11-18, page 4 lines 22-24. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate esterification components as taught by CN110835420A into the polyester reaction system of KR20110078934A in order to facilitate the modification of polyester materials, as both references are directed to polyester reaction processes employing ester-forming chemistry. With regard to claim 6 , KR20110078934A discloses the use of a catalyst to promote polyester reaction processes. See page 6, lines 37-38. Metal oxide catalysts are known in the art for promoting esterification and transesterification reactions in polyester systems. It would have been obvious to one of ordinary skill in the art at the time of the invention to select a metal oxide catalyst for use in the process of KR20110078934A as such catalysts are suitable for promoting polyester reactions. With regard to claim 7 , KR20110078934A discloses the use of a catalyst in polyester reaction processes where the amount of catalyst affects the reaction efficiency. See page 7 lines 17-21. It would have been obvious to one of ordinary skill in the art at the time of the invention to select a catalyst concentration within the claimed range of 50-80 ppm through routine adjustment of catalyst loading to achieve desired reaction efficiency as catalyst concentration is adjusted based on reaction conditions in polyester reaction processes. With regard to claim 8 , KR20110078934A discloses a method for recycling polyester materials including depolymerizing waste polyester using ethylene glycol to produce bis-2-hydroxyethyl terephthalate, BHET, see page 3 lines 29-30. And page 6 lines 15-1 . The reference further discloses performing glycolysis/alcoholysis reactions , filtering to remove impurities and separate components, polymerizing BHET by polycondensation to form polyester and forming fibers spinning the regenerated polyester. See page 5 lines 8-12, page 6 lines 24-36, and page 7 lines 24-26. KR20110078934A does not disclose blended textile systems comprising multiple fiber types. CN110835420A discloses recycling of mixed textile materials comprising polyester and additional polymer fibers such as nylon, including separating and processing mixed textile materials, depolymerizing polyester by glycolysis using ethylene glycol and separately processing nonpolyester polymer components. See page 4 lines 18-20, lines 32-36, and page 5 lines 1-4. The reference further teaches sorting , cutting and separating blended textile materials prior to processing and recognized that nonpolyester components are separated and treated independently during recycling. See page 4 lines 18-20 and pages 2 lines 34-36. The reference also teaches that fibrous textile materials are processed through mechanical handling steps including cutting, granulation, and material separation to enable effective recycling. See page 2 lines 15-18, page 3 lines 21-24. Additionally, the reference teaches that different polymer components within a blended textile system may be processed separately, inkling depolymerizing polyester and independently processing nonpolyester fibers. See page 4 lines 32-36, page 5 lines 1-4. The combined teachings of KR20110078934A and CN110835420A disclose depolymerizing polyester, separating components, recovering depolymerization products, repolymerizing to form polyester, forming fibers and separately processing nonpolyester components as recited in claim 8. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the polyester recycling process of KR20110078934A to apply it to blended textile materials as taught by CN110835420A which teaches separating polyester in mixed textile systems and processing it independently from nonpolyester components. The modification enables application of the known glycolysis-based depolymerization and repolymerization process of KR20110078934A to polyester contained within mixed textile materials while separating and independently processing nonpolyester fibers. The combination of KR20110078934A and CN110835420A therefore discloses each step of claim 8 and the combination merely applies a known polyester recycling process to known blended textile materials using known mechanical and chemical separation process steps. In conclusion, in view of the above, there appears to be no significant difference between the reference(s) and that which is claimed by applicant(s). Any differences not specifically mentioned appear to be conventional. Consequently, the claimed invention cannot be deemed as unobvious and accordingly is unpatentable. Information Disclosure Statement Note that any future and/or present information disclosure statements must comply with 37 CFR § 1.98(b), which requires a list of the publications to include: the author (if any), title, relevant pages of the publication, date and place of publication to be submitted for consideration by the Office. Improper Claim Dependency Prior to allowance, any dependent claims should be rechecked for proper dependency if independent claims are cancelled. Correspondence Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRESSA M BOYKIN whose telephone number is (571)272-1069. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Terressa Boykin/ Primary Examiner, Art Unit 1765 Application/Control Number: 18/234,892 Page 2 Art Unit: 1765 Application/Control Number: 18/234,892 Page 3 Art Unit: 1765 Application/Control Number: 18/234,892 Page 4 Art Unit: 1765 Application/Control Number: 18/234,892 Page 5 Art Unit: 1765 Application/Control Number: 18/234,892 Page 6 Art Unit: 1765 Application/Control Number: 18/234,892 Page 7 Art Unit: 1765 Application/Control Number: 18/234,892 Page 8 Art Unit: 1765 Application/Control Number: 18/234,892 Page 9 Art Unit: 1765 Application/Control Number: 18/234,892 Page 10 Art Unit: 1765 Application/Control Number: 18/234,892 Page 11 Art Unit: 1765