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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/9/2026 has been entered.
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 and dependent claims 2, 5 and 6 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 amended claim 1 to recite “the content of a phosphorus element in the core is greater than a content of the phosphorus in the sheath”. The recitation is new subject matter because the specification does not teach this limitation. Additionally the specification provides no guidance regarding the phosphorus percentage in the first flame retardant. Applicant points to paragraphs [0118]-[0119] which discloses the phosphorus content of the flame retardant Fireguard FCX-210 is 15% according to an internet webpage of technical information. As the technical information is not of record and the claims are not limited to the specific first flame retardant that contains an organic phosphate compound, the claims do not have support for the phosphorus in the core is greater than the phosphorus in the sheath. Nor would the claims nor specification has support for the first flame retardant having 15% phosphorus. Additionally, Fireguard FCX-210 is a trade name and trade names can change over time.
Allowable Subject Matter
Claims 1, 2, 5-7 are allowable provided the 35 USC 112(a) issue is resolved. The prior art of record fails to teach or suggest the combination of a core with a FR amount of phosphate that is 5-30% with a sheath with a second flame retardant that is a phosphinic acid that is 0.3-1.1% in terms of phosphorus and the content of the phosphorus in core is greater than a content of the phosphorus in the sheath.
Kamata teaches a sheath core conjugated fiber that is polyester comprising a polyether ester elastomer that is equated with the polyester elastomer. The sheath is polyester with sheath/core rato of 30/70 to 80/20. Kamata differs and does not teach a flame retardant in core with the polyester elastomer. Kamata teaches the phosphorus FR is added at 0.5 to 3 mol% to the sheath but differs and does not teach a FR in the core.
Martin teaches phosphate flame retardants that are added in amounts of 10-40%.
Yanagi teaches the sheath/ore ratio on volume percent of 80/20 to 20/80. Yanagi teaches the core has a phosphorus compound.
Yoon teaches phosphorus content in the sheath is 0.5 to 3 wgt% which overlaps the claimed range and the FR can be a phosphinic acid. Yoon differs and teaches the sheath FR should be higher than the core FR. Yoon teaches it is advantageous to have the higher amount of phosphorus in the sheath and teaches away from the claimed invention.
The prior art of record fails to teach or suggest the claimed invention wherein the core FR is greater than the sheath FR amount.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER A STEELE whose telephone number is (571)272-7115. The examiner can normally be reached 9-5:30.
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/JENNIFER A STEELE/Primary Examiner, Art Unit 1789
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