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 .
Election/Restrictions
Claims 9-10, 13-15 and 19-24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected composition and methods of filament forming and printing, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 11/12/2025.
Applicant's election with traverse of claims 1-8 in the reply filed on 11/12/2025 is acknowledged. The traversal is on the ground(s) that the composition of claims 1, 9, 13 and 19 were amended in the preliminary amendment dated February 1, 2024 after the written opinion was mailed on November 4, 2022 as such the comments of the written opinion were not directed to the exact contents of the pending claims of the present application. This is not found persuasive because the composition of claim 1 which is also claimed in independent claims 9, 12 and 19 is found in the prior art cited on the International Search Report and Written opinion corresponding to PCT/IB2022/057632 and therefore the invention does not provide an contribution over the prior art. Specifically, reference US20150175859 teaches the claimed composition of reacting an organic polyisocyanate containing a uretdione group with reaction hydrogen atoms wherein the average functionality of the reactants and the proportions thereof are chosen to provide a ratio of reactive hydrogen groups to NCO groups between 0.5 to 2.0:1 which overlaps the claimed range [0033]. The composition of does not provide a contribution over the prior art.
The requirement is still deemed proper and is therefore made FINAL.
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.
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.
Claims 1, 2, 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Reischl et al. et al (US 3248370).
Reischl is directed to a polyurethane process utilizing an diisocyanate mixture (Title). Reischl teaches it has been known to react polyhydroxyl compounds having a relatively high molecular weight such as polyesters with uretdione diisocyanates. The free -NCO groups first react to cause lengthening of the chain and finally the uretdione groups split, thus supplying further -NCO groups for cross-linking (col. 1, lines 22-27).
The invention contemplates a thermoplastic polyurethane polymer by reacting at a temperature of less than 100° C an organic polymeric compound containing active hydrogen atoms, a chain-extending agent and a di-isocyanate mixture of a uretdione diisocyanate and a monomeric organic diisocyanate in a quantity such that the NCO to OH ratio varies from about 0.9 to about 1.2, and preferably from about 0.95 to about 1.15 where the mixture of diisocyanates contains at least 50% by weight of monomeric organic diisocyanate (col. 2, lines 13-22). A ratio of NCO to OH of 1.2 overlaps the claimed range.
Reischl teaches the polyurethane is made by reacting the uretdione group to isocyanate groups and then the isocyanate groups react with the OH groups. Reischl teaches the chain extending agent can be water and therefore the reaction takes place in presence of moisture (col. 2, lines 1-12).
The composition can be extruded as the thermoplastic products obtained by the process can be pressed or extruded and calendered at temperatures above 100°C. (col. 4, lines 35-40).
As to claim 2, Reischl the polymers can be used for producing soles and heels for shoes, shock absorbers, ball joints, bearings, fibers, tubing, film sheets, coatings and the like (col. 4, lines 54-57).
As to claim 5, Reischl teaches a thermoplastic polyurethane polymer by reacting at a temperature of less than 100° C an organic polymeric compound containing active hydrogen atoms, a chain-extending agent and a di-isocyanate mixture of a uretdione diisocyanate and a monomeric organic diisocyanate in a quantity such that the NCO to OH ratio varies from about 0.9 to about 1.2, and preferably from about 0.95 to about 1.15 where the mixture of diisocyanates contains at least 50% by weight of monomeric organic diisocyanate (col. 2, lines 13-22).
Reischl teaches a polyurethane made from uretdione-contining material comprising a reaction product of diisocyanate reacted with itself and a hydroxyl containing compound and an isocyanate containing material as claimed.
As to claims 6 and 7, Reischl teaches the organic compound with active hydrogen atoms have a molecular weight of 500-3000 (col. 2, lines 1-12). The organic compound with active hydrogen atoms can be from a polyester from adipic acid (adipate) (col. 2, lines 36-57).
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Reischl et al. et al (US 3248370) in view of Tsukada et al (JP 2008231606) and Boscolo et al (US 20090264038).
As to claim 3, Reischl teaches the polyurethane can be made into a fiber but does not teach a sheath and core fiber wherein the polyurethane is the core.
Tsukada is directed to a conjugate fiber. The conjugate fiber of the present invention is a conjugate fiber containing an elastomer resin (A) having stretch elasticity and polytrimethylene terephthalate (B), and the elastomer resin (A) is contained in the core portion and the sheath portion. Is an elastomeric core-sheath conjugate fiber comprising the polytrimethylene terephthalate (B). The conjugate fiber of the present invention is characterized in that these elastomeric core-sheath conjugate fibers are stretched to increase tensile strength, elongation recovery force, and transparency (ABST).
The method for producing the elastomer resin (A), a method for producing a polyurethane elastomer resin is shown below. The polyurethane elastomer resin can be produced, for example, from an aromatic polyisocyanate and a polyol using a known method such as a one-shot method or a prepolymer method (page 4 of machine translation).
The polyurethane core is made from the aromatic polyisocyanate as a raw material, an aromatic diisocyanate having 6 to 20 carbon atoms (excluding carbon in the NCO group, the same shall apply hereinafter), modified products of these aromatic diisocyanates (carbodiimide group, uretdione group, uretoimine group, A diisocyanate modified product having a urea group or the like); and a mixture of two or more thereof (page 4 of machine translation).
Tsukuda teaches a sheath core fiber with a polyurethane core made from a uretidione isocyanate.
Tsukuda does not teach a polyolefin sheath material.
Boscolo is directed to an elastic spunbond nonwoven and composite nonwoven comprising same (Title). Boscolo teaches the multi-component filaments that are sheath/core type comprising a first component that is a thermoplastic polyurethane and the second polymer component is an elastic propylene-based olefin copolymer (ABST). The polyurethanes are used in the core [0022]. The multi-filament comprises a core and an outer sheath and the outer sheath comprises the second polymer component [0037].
Boscolo teaches that elastic nonwovens are desired and TPU can produce an elastic web, however the TPU can provide a sticky nature and have poor bonding ability and therefore proposed to produce multicomponent filaments including a first elastic component and second extensible component wherein the second extensible component is a polyolefin [0004]-[0009]. Boscolo teaches the present invention provides use of TPU with the sheath of polyolefin and achieves high elastic properties.
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide a sheath of polyolefin over the elastic polyurethane core motivated to overcome problems with sticky feel and lack of bonding of the polyurethane.
As to claim 4, Reischl differs and does not teach an outer sheath on the polyurethane fiber.
Boscolo teaches an outer sheath of polyolefin and teaches the first and second polymer components can also include other materials like flow promoters or special additives to enhance processability of the composition, e.g. slip agents and are particularly added to the second polymer component [0074]. An slip agent is equated with an antiblock agent.
It would have been obvious to one of ordinary skill in the art before the effective filing date to employ an antiblock agent in the outer composition motivated improve the processibility of the multicomponent filament.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over
Reischl et al. et al (US 3248370) in view of Matsui et al (JP 2004323855).
As to claim 8, Reischl teaches the polyurethane can be used for films and fibers but does not teach packaging the elastic polyurethane filament in a hermetically sealed package.
Matsui teaches an elastic resin, elastic resin molding, clothing and auxiliary material for clothing (Title). Matsui teaches polyether-based polyurethane loses rubber elasticity at a low temperature, for example, at a temperature of 0 ° C. or less, it is used, for example, for applications that may be used below freezing such as aquaculture nets. could not. Therefore, in reality, it is strongly desired to improve the elastic recovery characteristics (cold resistance) of polyether polyurethane elastic fibers at low temperatures. The polyurethane elastic fiber of the present invention has a high elongation and a soft stretch feeling, and has excellent low-temperature properties such as elastic properties not being impaired at low temperatures, strength reduction and settling. In addition, it has excellent heat resistance to prevent power reduction, thread breakage, settling, and the like even in high-temperature heat treatment in the post-processing step of the fiber or the knitted product. Further, the knitted product made of the fiber has a good texture and feel.
Matsui teaches measuring the soft segment melting point by placing about 5 mg of an elastic resin molded product (polyurethane elastic fiber filament) is cut into about 2 mm or less, placed in a simple hermetically sealed container, and subjected to 50 ml / min using a differential scanning calorimeter (DSC-220C type manufactured by Seiko Instruments Inc.). The measurement was carried out in a nitrogen gas stream.
Matsui teaches placing the polyurethane fiber in a hermetically sealed container as claimed.
It would have been obvious to one of ordinary skill in the art before the effective filing date to place a polyurethane fiber in a hermetically sealed package motivated to test for the soft segment melting point.
Response to Arguments
Applicant’s amendments and arguments, with respect to the 35 USC 103 rejection over Greszta-Franz over claim 1 and Rehbold as evidenced by Panse over claims 1, 2, 5-7 have been fully considered and are persuasive. The 35 USC 103 rejections have been withdrawn.
New grounds of rejection is presented under 35 USC 103 over Reischl and Reischl in view of Boscolo and Reischl in view of Matsui.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Quiring et al (US 3923743).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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
