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Claims 39, 40, 45 and 42 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/14/2025.
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, 9, 11, 18, 19, 21-24, 27, 29 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Zimmerman (GB1150860) in view of Huelsmann et al (US20150099847).
Zimmermann is directed to polyamide filaments and a process of making them (Title). Zimmerman teaches that filaments spun from polyamide formed from PACM and aliphatic diacids of 11-16 carbon atoms can be prepared to provide a crystal structure to provide for high strength, high modulus and low shrinkage (page 1, lines 20-25).
The invention provides a high molecular weight crystalline, oriented filament of the polymer of bis(4-aminocyclohexyl)methane of 70-100% by weight trans-trans stereoisomer content and aliphatic diacids of 11-16 carbon atoms. Bis(4-aminocyclohexyl)methane is equated with 4-4’-diaminodicyclohexylmethane. Zimmerman shows the polymer amide as follows wherein n is 9-14 (page 1, lines 29-50).
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Zimmerman teaches the filament diameter is 0.12 to 1.25 mm (page 4, lines 32-35) which overlaps the claimed range.
Zimmerman does not express the percentage of Bis(4-aminocyclohexyl)methane trans/trans moiety in mole percent.
Huelsmann is directed to a polyamide mixture containing at least 50% by weight of polyamide fraction which comprises a) from 50 to 95 parts by weight of a polyamide having as copolymerized units bis(4-aminocyclohexyl)methane (PACM) and a linear dicarboxylic acid having from 8 to 18 C atoms; and b) from 50 to 5 parts by weight of a linear aliphatic polyamide having an average of from 8 to 12 C atoms in the monomer units, where the sum of the parts by weight of a) and b) is 100 is provided. The composition can be processed to give a moulded article having high transparency, high toughness and high resistance to chemicals, to solvents and to stress cracking.
Huelsmann teaches a trans,trans-isomer content of the bis(4-aminocyclohexyl)methane (PACM) is from 30 to 70% by weight of total PACM[0015]. Huelsmann teaches the PACM takes the form of a mixture cis,cis-, cis,trans- and trans,trans-isomer. It may be obtained commercially with various isomer ratios. In one preferred embodiment the trans,trans-isomer content of the PACM or of the derivative used thereof is from 30 to 70%, and particularly from 35 to 65% [0043]. Huelsmann teaches the trans,trans-isomer is in the range of greater than 30 mol% (claim 1) and in the range of 30-70 mol % (claim 2).
Huelsmann teaches in the background transparent polyamides are known to be made with 30-70% content of trans, trans stereoisomer are known in prior art DE1595150 and EP0619336 [0003]. Huelsmann teaches examples wherein the following materials were used in the examples: polyamide PACM12: microcrystalline polyamide produced from bis(4-aminocyclohexyl)methane with 48% content of trans,trans-stereoisomer, and also dodecanedioic acid [0089]-[0090]. Huelsman teaches it is the object of the invention to produce a polyamide with improved processability while avoiding any significant impairment of transparency, of resistance to solvents and to stress cracking. The polyamide has improved breaking strength while maintaining transparency [0008].
As to claims 1 and 2, it would have been obvious to one of ordinary skill in the art before the effective filing date to employ the mole percentage of trans,trans 4,4’-diaminodicyclohexylmethane moidty motivated maintain the transparency while improving the processability and resistance to solvent and stress cracking.
As to claims 9 and 11, Zimmerman teaches the repeat units in the polyamide are the same as shown in (1) of Zimmerman which is equivalent to the structure of claim 1 and therefore the repeat units are at least 98 mol% and less than 2 mol%.
As to claim 18, Zimmerman teaches the filament are melt spun at a temperature of 295°C (page 4, lines 100-105). Huelsmann teaches the materials are mixed and melt at 270°C [0093], [0095]. 270°C is substantially the same as 240°C.
Zimmerman and Huelsmann differ and do not measure the temperature by differential scanning calorimeter. As Zimmerman in view of Huelsman teach the same polyamide structure, it is reasonable to presume that the properties are inherent to the combination. When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention the examiner has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § 2112- 2112.02
As to claim 19, Zimmerman and Huelsmann differ and do not measure the glass transition temperature.
Zimmerman and Huelsmann differ and do not measure the glass transition temperature by temperature by differential scanning calorimeter. As Zimmerman in view of Huelsman teach the same polyamide structure, it is reasonable to presume that the properties are inherent to the combination. When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention the examiner has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § 2112- 2112.02
As to claim 21, Zimmerman and Huelsman differs and do not teach the water uptake saturation. As Zimmerman in view of Huelsman teach the same polyamide structure, it is reasonable to presume that the properties are inherent to the combination. When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention the examiner has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § 2112- 2112.02
As to claim 22, Zimmerman teaches the polyamide is ahigh molecular weight crystalline polymer that is at least 18,000 or higher, 25,000-35,000 (page 4, lines 1-10) which is within the claimed range.
As to claims 23 and 24, Zimmerman teaches the filaments are 100% polymer and therefore meets the claim limitation of at least 90% and at least 70% of the PAs.
As to claim 27, Zimmerman teaches one polyamide in the filament.
As to claims 29 and 36, Zimmerman is silent with regard to additional additives.
Huelsmann teaches additionally fillers such as flame retardants, stabilizers, plasticizers, glass fibres, fillers, antistatic agents, dyes, pigments, mould-release agents, flow aids, compatibilizers and impact modifiers. The total quantity of these other constituents is at most 50% by weight, preferably at most 40% by weight, particularly preferably at most 30% by weight, with particular preference at most 20% by weight and very particularly preferably at most 10% by weight, or at most 5% by weight of the total mixture [0071].
It would have been obvious to one of ordinary skill in the art before the effective filing date to employ fillers and additives motivated to enhance properties of composition.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Zimmerman (GB1150860) in view of Huelsmann et al (US20150099847) and in further view of Zimmerman (US3655630).
As to claim 12, Zimmerman ‘860 does not teach additional repeat units.
Huelsmann teaches a) from 50 to 95 parts by weight of a polyamide having as copolymerized units bis(4-aminocyclohexyl)methane (PACM) and a linear dicarboxylic acid having from 8 to 18 C atoms; b) from 50 to 5 parts by weight of a linear aliphatic polyamide having an average of from 8 to 12 C atoms in the monomer units, where the sum of the parts by weight of a) and b) is 100. However it is unclear if Huelsmann teaches a blend of comonomer that forms additional repeat unit.
Zimmerman ‘630 is directed to high strength crystalline oriented filaments (Title). Zimmerman ‘630 teaches PACM 12, 14 and 16 polyamides as shown as (col. 9, lines 15-45).
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Zimmerman ‘630 teaches copolymers with the structure below where the
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Zimmerman ‘630 teaches in order to obtain fibers having maximum tenacity, dimensional stability, heat resistance and melting point, it is preferred to use homopolymer of PACM-12, -14 or -16. However, for some uses, "foreign" or copolymer components may 'be added for example to increase dye- ability, such as for seatbelt yarns, or to produce polymer having lower processing temperatures.
Copolymer components, whether the foreign component replaces the amine, the acid or as an amino acid, replaces both, should be kept to no more than about 30% by weight and preferably no more than about 15% if very high tenacities are desired. The percentage is calculated as the weight per 100 grams of polymer, or Z, where X refers to the acid entity in the foreign component, Y refers to the amine entity and Z refers to an amino acid component. These copolymer units may be added without serious loss in properties, or ability to form the HT crystal. For example, up to 30% of PACM- 9 to -16 may be used as copolymer components; these copolymer units appear to show a special compatibility in forming HT crystal with the major PACM-12, -14 or -16 component.
The use of copolymer components can include replacement of the diacid and diamine with foreign components and include amino acids such as lactam and aminocarboxylic acids (col. 9, 10, lines 50-75; 1-50).
It would have been obvious to one of ordinary skill in the art before the effective filing date to produce a copolymer from the PACM -12, 14 or 16 polyamides motivated to obtain fibers with maximum tenacity.
As to claim 15, Zimmerman does not teach the additional repeat units.
Huelsmann teaches the additional polyamide is 5 to 50 parts and overlaps the claimed range of 1-25 %. While not expressed as mole percentage as the structures are the same, the mole percentages would overlap.
It would have been obvious to one of ordinary skill in the art before the effective filing date to employ the mixture of polyamides motivated to produce a polyamide with greater transparency and strength.
Claims 31 are rejected under 35 U.S.C. 103 as being unpatentable over Zimmerman (GB1150860) in view of Huelsmann et al (US20150099847) and in view of Zeitz et al (DE 102008046682).
As to claim 31, Zimmerman is silent with regard to additives. Huelsmann teaches glass fibers as additive but not carbon fibers.
Zeitz is directed to a thermoplastic molded mass useful for producing fibers and film. Thermoplastic molded mass comprises: (a) 35-100 wt.% of an amorphous polyamide made of (a1) 30-100 wt.% of units derived from aliphatic dicarboxylic acids and tetraalkyl substituted cycloaliphatic diamines, and (a2) 0-70 wt.% of units derived from further polyamide-forming monomer, which is different from (a1); and (b) 0-75 wt.% of other additives (ABST).
Zeitz teaches the additives can be fibrous or particulate fillers B) are carbon fibers, glass fibers, glass beads, amorphous silicic acid, Calcium silicate, calcium metasilicate, magnesium carbonate, kaolin, chalk, powdered quartz, mica, barium sulfate and feldspar, which used in amounts of up to 40 wt %, in particular 1 to 15 wt .-% become. When preferred fibrous fillers are carbon fibers, aramid fibers and potassium titanate fibers called glass fibers are particularly preferred as E-glass. These can be called rovings or cut glass used in the commercial forms become.
It would have been obvious to one of ordinary skill in the art before the effective filing date to substitute carbon fibers for glass fiber filler in the fiber motivated to produce a reinforced polyamide fiber.
Claims 31 are rejected under 35 U.S.C. 103 as being unpatentable over Zimmerman (GB1150860) in view of Huelsmann et al (US20150099847) and in view of Desio et al (US 20130309928).
As to claim 31, Zimmerman is silent with regard to additives. Huelsmann teaches glass fibers as additive but not carbon fibers.
Desio is directed to stain resistant fibers and textile and carpets (Title). Desior teaches fiber with a polyamide composition [0010] and the composition can include one filler selected from the group consisting of fibrous fillers, particulate fillers and mixture thereof. Examples of such filler include, but are not limited to, glass fiber, carbon fiber, glass fibers having a non-circular cross section, glass flakes, carbon fibers, wollastonite, calcined clay, kaolin, and the like [0047]. The fibrous reinforcing agent may be glass, carbon fibers, or other materials [0051].
It would have been obvious to one of ordinary skill in the art before the effective filing date to include to substitute carbon fiber fillers for the glass fiber fillers motivated to produce a reinforced polyamide fiber.
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