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 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.
Claims 1-15 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.
In claim 1, there is not antecedent basis for “the basis weight”, (line 2), “the difference”, line 2, “the melting point”, (line 3), “the crystallization onset temperature” (line 3), “the cold crystallization”, (line 4).
In claim 4, there is not antecedent basis for “the main component”, line 3.
In claim 8, there is not antecedent basis for “the sea portions”, line 3, “the island portions”, line 4.
In claim 9, there is not antecedent basis for “the contact bonding area ratio”, line 2.
In claim 10, there is not antecedent basis for “the dimensional change rate” or “the MD direction”, both in line 2.
In claim 13, there is no antecedent basis for “the deformation speed”, line 1.
In claim 14, there is not antecedent basis for “the deformation speed”, line 1.
In claim 15, there is not antecedent basis for “the dimensional change rate”, line 4 or for “the MD direction”, line 4.
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.
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 –
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.
Claim(s) 1-9, 11-12, 15 is/are rejected under 35 U.S.C. 102((a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over WO 2018/070490A1, (machine translation attached. Page and paragraph numbers were added to facilitate citations).
WO ‘490 discloses a moldable biodegradable fabric. See page 1, paragraphs 1-3. The fabric comprises a nonwoven fabric comprising a polylactic acid polymer and an aliphatic polyester copolymer, which forms an islands in the sea composite long fiber. See page 1, paragraph 3. The fabric can have an elongation in the MD direction at 120 degrees C of 50% or more and the dimensional change rate in the MD direction at 80 degrees C to 140 degrees C as measured by thermomechanical analysis is plus or minus 4 percent. See page 2, paragraph 6. The fabric can have a basis weight of 20-359 gsm. See page 2, paragraph 7. The fabric can include 0.5-30% by weight of an aliphatic ester copolymer so the other biodegradable component would be the major component. See page 2, paragraph 7. The molded body has a crystallinity of 30-70% . See page 3, paragraph 7. The aliphatic polyester can be polyhydroxyalkanoate or polybutylene succinate or polybutylene adipate. See paragraph 12, page 4. WO ‘490 teaches that 0.5-30% by weight of an aliphatic ester copolymer can added to allow the crystallinity of the nonwoven fabric to be easily adjusted in order to improve thermal properties. See page 5, paragraph 14. The fabric can be made by spunbond and therefore would be a spunbond fabric. See page 5, paragraph 15. WO ‘490 teaches controlling the crystallinity of the fabric so that it is from 30-70% in order to allow the structure to molded. See page 8, paragraph 25. The fibers can be island in the sea fibers. See page 9, paragraph 28. WO ‘490 teaches that the melting point of the polylactic acid and polyester, respectively, are as follows: Melting point: 170C, 260C; recrystallization temperature: 70 C, 120C; glass transition temperature: 55-60C,70-80C; half crystallization time: 500 to 900 seconds, 50-100 seconds. See page 17, paragraph 55. WO ‘490 teaches a pressure bonding area ration of 15% which is equated with the claimed bonding area ratio. See paragraph 119, page 34.
WO ‘490 discloses melting points and crystallization onset temperatures which meet the claimed limitations individually, but does not clearly disclose the value for the fabric as a whole, and does not disclose the cold crystallization enthalpy heat Delta H of the nonwoven fabric.
However, since WO ‘490 teaches the same components in the same amounts having individual values which meet the limitations as claimed, it is reasonable to expect that either the fabric as a whole would also meet the limitations, or in the alternative, to have controlled the crystallization properties of the nonwoven as taught by WO ‘490 in order to provide optimum bonding and molded structure properties to the structure, so that there were not too many crystalline or amorphous regions. See page 12, paragraph 38-40.
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as obvious over WO 2018/070490A1, (machine translation attached. Page and paragraph numbers were added to facilitate citations).
WO ‘490 teaches a molded spunbonded fabric as set forth above.
WO ‘490 differs from the claimed invention because it does not disclose the claimed deformation speed.
However, since WO ‘490 teaches controlling the process parameters as taught at pages 14-15, paragraph 46, it would have been obvious to have selected a deformation speed as taught by WO ‘490 through controlling the process steps in order to provide the optimum formation and bonding conditions for the fabric to avoid having some regions which were highly crystalline and some which were amorphous which produce an inferior molded product.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
JPH101855A discloses a nonwoven fabric comprising higher and lower melting point biodegradable polymers wherein the difference Delta T between the melting point and the crystallization temperature of each component can be 35 or more. JP ‘855 does not clearly teach a spunbonded which has been molded.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH M IMANI whose telephone number is (571)272-1475. The examiner can normally be reached Monday-Wednesday 7AM-7:30; Thursday 10AM -2 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached at 571-270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELIZABETH M IMANI/ Primary Examiner, Art Unit 1789
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