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 .
Response to Amendment
1. Applicant’s amendment filed 1/21/26 have been fully considered and entered. Claims 17-20 are canceled and new claims 22 and 23 have been added.
Response to Arguments
2. Applicant’s remarks filed 1/21/26 have been fully considered and entered. Applicant’s remarks are found persuasive to overcome the 112 2nd paragraph rejection made over claim 2 as set forth in the Action dated 10/22/25. As such, this rejection is hereby withdrawn. With respect to the rejections of claims 1-16 made over the combination of Kranz et al., US 3589956 in view of Reynolds et al., 2022/0333300, Applicant’s remarks are not found persuasive of patentability for reasons set forth herein below.
With regard to independent claim 1, Applicants assert that the cited prior art of Kranz et al., does not teach the limitations of does not disclose a tufted carpet construction in which a primary or unitary backing is specifically engineered as a thermally bonded carded TBC nonwoven of staple fibers in which the polymer constituent of each carded staple fiber is the same and is coordinated chemically with a secondary backing material. Applicants submit that the cited prior art of Kranz emphasizes bicomponent filaments having a higher-melting filamentary component and a lower-melting sheath component, where the lower-melting component is a different polymer selected to melt at least 5-70 °C below the fiber-stick temperature of the higher-melting component, and explicitly contemplates blends of such bicomponent fibers with monocomponent fibers of different polymer chemistry.
In response, the Examiner is of the position that the limitation of “wherein the polymer constituent of each carded staple fiber is the same and is coordinated chemically with a secondary backing material is met. Applicants open claim language of comprising does not preclude using bicomponent on mono-component made from two or more polymers. For example, a bicomponent and/or a mono-component filament comprising a higher melting polymer and/or a lower melting polymer would meet the limitation of a fiber of wherein the polymer constituent of each of the carded staple fiber is the same. In other words, each fiber would comprise at least one of the same polymers in combination possibly in combination with another polymer. Applicants are not claiming a single component or bicomponent staple fiber consisting of a single polymer wherein each one of the staple fibers consist of the same polymer. With regard to Applicants assertation the cited prior art of Kranz et a., also does not teach the limitation of each carded staple fiber is coordinated chemically with a secondary backing material, the Examiner is of the position that Applicant’s arguments are not commensurate in scope with the claimed subject matter. Rather Applicants recited that yarns are tufted through the backing layer. There are no limitations directed to coordinating chemically with a secondary backing layer. Applicants further assert that the constituent can be implemented as a 'single polymer system' that simultaneously generates matrix and binder components through process-induced differences in crystallinity while still exhibiting a single melting peak in DSC as recited, for example, in claims 6-7. In response, it is respectfully pointed out that Applicants are not claiming a single polymer system that simultaneously generates a matrix and binder components though process-induced differences in crystallinity. As such, the Examiner is of the position that Applicant’s arguments are not considered commensurate in scope with the claimed subject matter. The patent issued to Kranz et al., teach thermally bonded carded staple fiber comprising non-woven webs suitable as a backing (title, abstract, column 5, 5-30, column 8, 5-40 and example 13). Kranz et al., teach that multiple webs can be formed and stacked upon each other (column 8, 5-40). With regard to the claimed polymer, Kranz teach using bicomponent fibers that have been spun and later cut (column 5, 10-20). Kranz et al., teach that the polymer can further comprise additives such as dyes, pigments, UV stabilizers etc (column 5, 1-10). Kranz et al., further teach that monocomponent filaments may be blended with the bicomponent filaments in forming the unbonded assembly. The monocomponent filaments should have a temperature above the polymer melt temperature of the lower-melting component of the bicomponent filaments (column 7, 50-60). With specific regard to the polymer, Kranz et al., teach forming bicomponent filaments from lower and higher melting polymers. Specifically, Kranz et al., teach the bicomponent filaments employed in the practice of the present invention contain a higher-melting filamentary component and as lower-melting component. The latter serves to render the filaments thermally self- bondable and, accordingly, can vary widely as regards its physical nature as a constituent. Kranz et al., teach that the higher-melting component may be spun as a core with the lower- melting component being spun as the sheath surrounding the core. The two may be eccentrically or concentrically arranged, but the lower-melting component must be on the outside. Alternatively, the 'higher and lower-melting polymeric components may be co-spun in side-by-side relationship from spinneret plates having orifices in close proximity. Numerous examples of spinning procedures for obtaining sheath-core and side-by-side bicomponent filaments from different compositions (column 3, 20-40). The cross- section of the filaments will normally be round, but may be prepared so that it has other cross-sectional shapes, such as elliptical, trilobal, tetralobal, and like shapes. The filamentary component may comprise a variety of synthetic, organic polymers, such as polyolefins, acrylonitrile polymers and copolymers, polyesters, polyamides, vinyl polymers and copolymers, polyurethanes, poly-formaldehyde, cellulose acetate and the like. It should have either a higher polymer melt temperature than the lower-melting bondable component, or should be of such a character that it has high heat stability and can be regarded as having no melting or softening point under ordinary use conditions (column 4, 1-15). In a particularly preferred embodiment, both components are polyesters. Polyesters suitable for forming the filamentary component include: poly(ethylene tereph- thalate); poly(trimethylene terephthalate); poly(tetra- methylene terephthalate); the polymer from 1,4-cyclo- hexanedimethanol and terephthalic acid; the polymer bibenzoic acid and bis(4-hydroxymethyl cyclohexane) ; the polymer bis (4-hydroxyrrethyl cyclohexane) and terephthalic acid; and poly(pivalolactone),polyesters suitable as the lower melting component in- elude poly(hexamethylene terephthalate); poly (ethylene terephthalate/hexahydroterephthalate); polyethylene terephthalate/isophthalate); poly (ethylene/trimethylene terephthalate); poly(trimethylene terephthalate/isophtha- late); poly (ethylene terephthalate/sebacate); poly (ethylene terephthalate/azelate); and polyethylene/tetra- 5 methylene terephthalate). Polyamides and copolyamnides may similarly be used to advantage.
Applicants further argue a lack of motivation to combine references on the grounds that Reynolds et al., does not implement the backing as a thermally bonded carded TBC web of carded staple fibers in which every fiber has the same polymer constituent, nor does Reynolds et al., require or even discuss that the primary and secondary backings (or adhesive secondary backings) be constructed from a single polymer system that yields a single DSC melting peak. In response, the Examiner relied upon the secondary reference of Reynolds et al., to evidence that it is known in the art to tuft yarns in to a backing layer for the purpose of forming a carpet. The published patent application issued to Reynolds et al., teach a tufted carpet comprising primary and secondary backings that are anchored with adhesive (title and abstract). Said backings are also made from polyester comprising non-woven and can be bonded carded non-wovens or spun-bonds and/multi-layers (paragraph 0033,0038 and 0049). Said secondary backing may comprise adhesive and filaments (paragraph 0054). With regard to claims 8-9, Reynolds et al., teach that primary backing can be optionally patterned (paragraph 0063). The "test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference... Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art", In re Keller, 642 F.2d 413,208 USPQ 871,881 (CCPA 1981) and that "combining the teachings of references does not involve an ability to combine their specific structures", In re Nievelt, 482 F.2d 965, 179 USP 224, 226 (CCPA)
Therefore, motivated by the desire to form a tufted carpet the Examiner maintains that it would have been obvious to use the thermally bonded carded non-woven backings of Kranz et al., in the tufted carpet of Reynolds et al. The Examiner considers both prior art references analogous since both references are concerned with forming non-woven backing used in carpets and forming carpets. The substation of one or a plurality of thermally bonded carded non-woven backing materials for another type of non-woven backing material would yield a predictable variation whose application is well within the skill of the art without undue experimentation. Applicants are invited to prove otherwise.
Claim Rejections - 35 USC § 103
3. 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.
4. Claim(s) 1-16 and 21-22/are rejected under 35 U.S.C. 103 as being unpatentable over Kranz et al., US 3589956 in view of Reynolds et al., 2022/0333300.
The patent issued to Kranz et al., teach thermally bonded carded staple fiber comprising non-woven webs suitable as a backing (title, abstract, column 5, 5-30, column 8, 5-40 and example 13). Kranz et al., teach that multiple webs can be formed and stacked upon each other (column 8, 5-40). With regard to the claimed polymer, Kranz teach using bicomponent fibers that have been spun and later cut (column 5, 10-20). Kranz et al., teach that the polymer can further comprise additives such as dyes, pigments, UV stabilizers etc (column 5, 1-10). Kranz et al., further teach that monocomponent filaments may be blended with the bicomponent filaments in forming the unbonded assembly. The monocomponent filaments should have a temperature above the polymer melt temperature of the lower-melting component of the bicomponent filaments (column 7, 50-60). With specific regard to the polymer, Kranz et al., teach forming bicomponent filaments from lower and higher melting polymers. Specifically, Kranz et al., teach the bicomponent filaments employed in the practice of the present invention contain a higher-melting filamentary component and as lower-melting component. The latter serves to render the filaments thermally self- bondable and, accordingly, can vary widely as regards its physical nature as a constituent. Kranz et al., teach that the higher-melting component may be spun as a core with the lower- melting component being spun as the sheath surrounding the core. The two may be eccentrically or concentrically arranged, but the lower-melting component must be on the outside. Alternatively, the 'higher and lower-melting polymeric components may be co-spun in side-by-side relationship from spinneret plates having orifices in close proximity. Numerous examples of spinning procedures for obtaining sheath-core and side-by-side bicomponent filaments from different compositions (column 3, 20-40). The cross- section of the filaments will normally be round, but may be prepared so that it has other cross-sectional shapes, such as elliptical, trilobal, tetralobal, and like shapes. The filamentary component may comprise a variety of synthetic, organic polymers, such as polyolefins, acrylonitrile polymers and copolymers, polyesters, polyamides, vinyl polymers and copolymers, polyurethanes, poly-formaldehyde, cellulose acetate and the like. It should have either a higher polymer melt temperature than the lower-melting bondable component, or should be of such a character that it has high heat stability and can be regarded as having no melting or softening point under ordinary use conditions (column 4, 1-15). In a particularly preferred embodiment, both components are polyesters. Polyesters suitable for forming the filamentary component include: poly(ethylene tereph- thalate); poly(trimethylene terephthalate); poly(tetra- methylene terephthalate); the polymer from 1,4-cyclo- hexanedimethanol and terephthalic acid; the polymer bibenzoic acid and bis(4-hydroxymethyl cyclohexane) ; the polymer bis (4-hydroxyrrethyl cyclohexane) and terephthalic acid; and poly(pivalolactone),polyesters suitable as the lower melting component in- elude poly(hexamethylene terephthalate); poly (ethylene terephthalate/hexahydroterephthalate); polyethylene terephthalate/isophthalate); poly (ethylene/trimethylene terephthalate); poly(trimethylene terephthalate/isophtha- late); poly (ethylene terephthalate/sebacate); poly (ethylene terephthalate/azelate); and polyethylene/tetra- 5 methylene terephthalate). Polyamides and copolyamnides may similarly be used to advantage. The utilization of chemically related polymers in this manner is especially desirable because it gives rise to interfilament bonds of a particularly high adhesive level. Both components of the bicomponent filaments may include conventional fiber additives such as dyes, pigments, U.V. stabilizers, antistatic agents, etc. (column 4, 55-column 5, 5). The Examiner is of the position that the polymer and fibers of Kranz et al., namely the bicomponent fibers, monocomponent, the first and second polymer components and the lower melting, stress induced crystalline as meets the limitations set forth in claims 5-7. With regard to claims 21 and 22, Kranz et al., teach forming monocomponent filaments made with polyolefin materials (see above).
Kranz et al., does not teach the claimed tufted yarns or the adhesive used to join the primary and secondary backings together.
The published patent application issued to Reynolds et al., teach a tufted carpet comprising primary and secondary backings that are anchored with adhesive (title and abstract). Said backings are also made from polyester comprising non-woven and can be bonded carded non-wovens or spun-bonds and/multi-layers (paragraph 0033,0038 and 0049). Said secondary backing may comprise adhesive and filaments (paragraph 0054). With regard to claims 8-9, Reynolds et al., teach that primary backing can be optionally patterned (paragraph 0063). Reynolds et al., does not specifically the claimed about of surface bonding, but absent unexpected results it would be obvious to a person of ordinary skill in the art to pattern bond as function desired properties, utility and/or aesthetics. It has been held that, where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA)
Therefore, motivated by the desire to form a tufted carpet it would have been obvious to use the thermally bonded carded non-woven backings of Kranz et al., in the tufted carpet of Reynolds et al. The Examiner considers both prior art references analogous since both references are concerned with forming non-woven backing used in carpets and forming carpets. The substation of one or a plurality of thermally bonded carded non-woven backing materials for another type of non-woven backing material would yield a predictable variation whose application is well within the skill of the art without undue experimentation. Applicants are invited to prove otherwise.
Conclusion
5. THIS ACTION IS MADE FINAL. 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 LYNDA SALVATORE whose telephone number is (571)272-1482. The examiner can normally be reached M-F.
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/LYNDA SALVATORE/Primary Examiner, Art Unit 1789
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