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 .
Claim Rejections - 35 USC § 103
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.
Claims 1-7, 9, 11-22, 24 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Marlow (EP 1481118) in view of Rao (PG Pub. 2005/0183218).
Regarding claims 1-6 and 12-14, Marlow teaches a floor covering (carpet or textile composition) comprising a yarn comprising a first single strand and second single strand with each being dyeing and the dyed first single polyamide strand is darker than the dyed second single polyamide strand in the same dyebath [0007 and 0014]. The polyamides of the first and second polyamide strands are different and teaches one is nylon 6 and the other is nylon 66 and therefore they differ in crystallinity (and the first single strand has a lower crystallinity than the second single strand) [0018]. The denier ratio between the first single strand and the second single strand is greater than 1 [0019-0020]. Marlow teaches either the first or second single strand is darker than the other strand and teaches anionic moieties are different between the first single strand and second single strand and also teach denier differences between the first and second single strands in the claimed range, therefore it is clear that the claimed color depth in the claimed conditions. Further, it is noted the claimed color difference as small as 2 which a mere modest difference and clearly taught by Marlow. In the alternative, it would have been obvious to one of ordinary skill in the art to arrive at the claimed color depth in order to make the color difference at least noticeable and visual in the yarn and arrive at the claimed invention. Marlow is silent regarding the claimed vat dyestuff. However, Rao et al. teaches using a process using pigments followed by dyeing using dyes including vat dyestuff as an alternative to cationic dyes on polyamide fibers in the same vat dye in order to provide improved light fastness and dyeing. It would have been obvious to one of ordinary skill in the art to use the process of Rao et al. including the vat dyestuff in Marlow in order to provide improved light fastness and dyeing and arrive at the claimed invention.
Regarding claim 7, the polyamide of the first single strand has a differing number of amine end groups relative to the polyamide of the second single strand [0015].
Regarding claim 9, Marlow teaches the amine end group content of the first and second polyamide strands are different and thus teach the polyamide of the first single strand and the polyamide of the second single strand of polyamide exhibit a difference in wetting speed of the vat dyestuff because higher amine end group content can lead to faster wetting in a vat dye bath due to increased surface polarity and hydrogen bonding.
Regarding claim 11, Marlow teaches the first single strand and the second single strand have differing Ti02 contents [0014].
Regarding claims 15 and 17-21, Marlow teaches a method of dyeing a yarn comprises providing a first single polyamide strand and a second single polyamide strand contacting the yarn with dyeing composition in the same dyeing bath wherein the dye first single strand exhibits a darker color than the second single strand and the denier ratio between the first single strand and the second single strand is greater than 1 [0007, 0014 and 0019-0020]. The polyamides of the first and second polyamide strands are different and teaches one is nylon 6 and the other is nylon 66 and therefore they differ in crystallinity (and the first single strand has a lower crystallinity than the second single strand) [0018].
Marlow is silent regarding the claimed vat dyestuff. However, Rao et al. teaches using a process using pigments followed by dyeing using dyes including vat dyestuff as an alternative to cationic dyes on polyamide fibers in the same vat dye in order to provide improved light fastness and dyeing. It would have been obvious to one of ordinary skill in the art to use the process of Rao et al. including the vat dyestuff in Marlow in order to provide improved light fastness and dyeing and arrive at the claimed invention.
The previous combination is silent regarding the claimed dye being a vat dye in reduced form and oxidizing the vat dye on the yarn. However it would have been obvious to one of ordinary skill in the art to use a vat dye given the limited number of types of dyes and the level of skill of one of ordinary skill in the art and oxidizing the vat dyes applied to the yarn are well known and necessary to vat dyeing. In the alternative, Fu et al. teach using vat dyes (which would include reducing the vat dye and oxidizing the dye applied to the yarn as such is necessary to vat dyeing) to achieve high color fastness. It would have been obvious to one of ordinary skill in the art to use the vat dye of Fu et al. in the previous combination in order to achieve high color fastness and arrive at the claimed invention.
Regarding claim 16, Marlow teaches either the first or second single strand is darker than the other strand and teaches anionic moieties are different between the first single strand and second single strand and also teach denier differences between the first and second single strands in the claimed range, therefore it is clear that the claimed color depth in the claimed conditions. Further, it is noted the claimed color difference as small as 2 which a mere modest difference and clearly taught by Marlow. In the alternative, it would have been obvious to one of ordinary skill in the art to arrive at the claimed color depth in order to make the color difference at least noticeable and visual in the yarn and arrive at the claimed invention.
Regarding claim 22, the polyamide of the first single strand has a differing number of amine end groups relative to the polyamide of the second single strand [0015].
Regarding claim 24, Marlow teaches the amine end group content of the first and second polyamide strands are different and thus teach the polyamide of the first single strand and the polyamide of the second single strand of polyamide exhibit a difference in wetting speed of the vat dyestuff because higher amine end group content can lead to faster wetting in a vat dye bath due to increased surface polarity and hydrogen bonding.
Regarding claim 26, Marlow teaches the first single strand and the second single strand have differing Ti02 contents [0014].
Claims 8 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Marlow (EP 1481118) in view of Rao (PG Pub. 2005/0183218) in view of Shridharani (US Pat. 5,223,196).
Regarding claims 8 and 23, the previous combination is relied upon for the rejections of claims 1 and 15 which are fully incorporated herein by reference. The previous combination teaches nylon 6 and nylon 66 as the first and second single strands, but is silent regarding the claimed sulfur content of the strands. However, Shridharani teaches incorporation of 5-sulfoisophthalic acid in nylon 6,6 and/or nylon 6 in order to provide stain resistance. Given the cited art teaches a strand of nylon 6 and a strand of nylon 6,6, the sulfur content of each would be different as nylon 6,6 incorporates a higher sulfur content in its backbone. It would have been obvious to one of ordinary skill in the art to use the 5-sulfoisophthalic acid of Shridharani et al. in the previous combination in order to provide stain resistance and arrive at the claimed invention.
Claims 10, 25 and 27-29 are rejected under 35 U.S.C. 103 as being unpatentable over Marlow (EP 1481118) in view of Rao (PG Pub. 2005/0183218) in view of Godau US Pat. (4,118,183).
Regarding claims 10 and 25, the previous combination is relied upon for the rejections of claims 1 and 15 which are fully incorporated herein by reference. Marlow and the previous combination are silent regarding the claimed wax. However, Godau et al. teach incorporation of a hydrophobizing agent in order to provide water repellant properties. Wax is a commonly known in the art as a hydrophobizing agent and it would have been obvious to one of ordinary skill in the art to use the hydrophobizing agent of Godau, including wax in Marlow or the previous combination in order to provide water repellant properties to either the first single strand, the second strand or both strands and arrive at the claimed invention.
Regarding claims 27 and 29, Marlow teaches a yarn comprising a first ply (first single strand) and a second ply (second single strand) with each dyed in the same dyebath. Marlow is silent regarding the claimed vat dyestuff. However, Rao et al. teaches using a process using pigments followed by dyeing using dyes including vat dyestuff as an alternative to cationic dyes on polyamide fibers in the same vat dye in order to provide improved light fastness and dyeing. It would have been obvious to one of ordinary skill in the art to use the process of Rao et al. including the vat dyestuff in Marlow in order to provide improved light fastness and dyeing and arrive at the claimed invention.
The previous combination is relied upon for the rejections of claims 1 and 15 which are fully incorporated herein by reference. Marlow and the previous combination are silent regarding the claimed wax. However, Godau et al. teach incorporation of a hydrophobizing agent in order to provide water repellant properties. Wax is a commonly known in the art as a hydrophobizing agent and it would have been obvious to one of ordinary skill in the art to use the hydrophobizing agent of Godau, including wax in Marlow or the previous combination in order to provide water repellant properties to either the first single strand, the second strand or both strands and arrive at the claimed invention.
The cited art teaches the wax and dyeing. Even if the cited art does not disclose the claimed waxing prior to dyeing it is noted that “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process”, In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) . Further, “although produced by a different process, the burden shifts to applicant to come forward with evidence establishing an unobvious difference between the claimed product and the prior art product”, In re Marosi, 710 F.2d 798, 802, 218 USPQ 289, 292 (Fed. Cir.1983). See MPEP 2113. Therefore, absent evidence of criticality regarding the presently claimed process and given that cited art meets the requirements of the claimed yarn, the cited art clearly meet the requirements of present claims yarn.
Regarding claim 28, the first and second yarn are twisted around each other in a barberpole construction as twisting of the first and second strands is taught as part of the false twisting. The claim language does not require the twisting to remain.
Response to Arguments
Applicant’s arguments with respect to claims 11/12/2025 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/Shawn Mckinnon/Examiner, Art Unit 1789