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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claims 1, 4, and 5 are objected to because of the following informalities: Claims 1 and 5 are of improper format because they contain a period ending the claim sentence but then describes the polyurethanes A and B which are assumed to be part of the claims. Claims are to be written as one sentence each, see MPEP 608.01(m).
Claim 4 is objected to because the phrase “any one of” in line 1 before “claim 1” should be deleted so it reads “according to claim 1.”
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 5 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki et al, JP4974086B2.
Regarding claim 5, Suzuki teaches a method for producing a polyurethane elastic yarn comprising polymerizing the polyurethanes in solution ¶¶[0010, 0030, 0040], mixing the polyurethanes together in solution ¶[0049] and then spinning the polymer solution to form an elastic yarn ¶¶[0009, 0051]. Suzuki teaches in example 4 ¶[0079], for the first polyurethane solution (A2), raw materials polytetramethylene (PTMG), methylene diphenyl diisocyanate (MDI), and ethylene glycol are polymerized in DMAc. This reads on polyurethane A of claim 5.
The second polyurethane is labeled B1, and is a DMAc solution of commercial product E790PNAT ¶[0073], which has been polymerized separately from polyurethane A. The as-filed specification provides evidence that E790PNAT is formed from adipate diol (a polyester diol), hexamethylene diisocyanate (HDI), and butylene glycol, as shown in the comparative example 5 ¶[82] and table 1-1 of the instant specification, this satisfies the polyurethane B of claim 5.
The separate polyurethane solutions are mixed to prepare solution E4 and then dry spun to form an elastic yarn, ¶[0079-0080].
Allowable Subject Matter
Claims 1-4 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: Suzuki teaches the method of making the polyurethane elastic yarns, but does not teach, suggest, or disclose the claimed heat capacity or crystallization peak for the compositions. And because the composition’s weight percents of example 4 are similar to applicant’s comparative example 5, it is clear by applicant’s results that the composition does not have the claimed heat capacity, and therefore does not read on claim 1.
Another close prior art is CN106592016A to Xu et al. Xu teaches a polyurethane elastic fiber comprising two polyurethanes with different melting points, ¶[0007]. Each polyurethane is comprised of a diisocyanate, a polyether glycol, and a small molecule diol as chain extender ¶[0009]. Instead of solution polymerizing, Xu mixes the materials in a twin-screw extruder to form each polyurethane in the form of pellets, ¶[0009]. The two polyurethanes are then blended together in the extruder and then spun into a fiber, ¶[0013]. While Xu broadly discloses the same raw materials for the polyurethanes as applicant, ¶¶[0015-0017], Xu does not disclose the heat capacity nor the crystallization peak of the resultant fiber. Also, the process of making the fiber is completely different, and Xu adds a plasticizer to the blend ¶0022], which would affect the heat related properties of the fiber. Xu does not exemplify compositions that match applicant’s inventive examples; therefore the heat capacity and crystallization peak are not obvious or inherent for Xu’s polyurethane fibers.
Regarding the heat capacity and crystallization peak, a relevant prior art is JP2010150720A to Fukui et al. Fukui teaches a polyurethane elastic yarn that has excellent heat resistance during dyeing ¶[0011] with a crystallization energy of 10 J/g or more ¶[0012]. Fukui discloses the polyurethane yarn is made of only one polyurethane, comprising a polytrimethylene ether glycol, diisocyanate, and a diamine chain extender ¶[0015], and is polymerized in solution ¶[0026]. Fukui also discloses the crystallinity of the polytrimethylene ether glycol is important to the composition, increasing the heat resistance of the yarn, ¶[0015]. So, while the yarn of Fukui may have the necessary heat properties, the yarn is made of only one polyurethane and is composed of different structural units compared to applicant’s polyurethanes. The heat properties of Fukui cannot be generally applied to the polyurethane yarns of Suzuki or Xu, because they are too different and the heat-resistant results of Fukui are tied to the specific polyurethane. Therefore the teachings of Fukui cannot be combined with the teachings of Suzuki or Xu to achieve the claimed heat capacity.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
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/V.L.S./Examiner, Art Unit 1766
/RANDY P GULAKOWSKI/Supervisory Patent Examiner, Art Unit 1766