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 .
Applicant's election with traverse of 1-14 in the reply filed on 11/24/25 is acknowledged. The traversal is on the ground(s) that there is a serious burden on the examiner to examine both inventions. This is not found persuasive because the inventions have different classifications that require distinct search and examination strategies.
The requirement is still deemed proper and is therefore made FINAL.
Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 11/24/25.
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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1,2,3,5,6,7,9, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mori et al (USPN 5707737).
1. A process for making closed C shaped filaments comprising a cross-
sectional configuration having a first proximal end, a second proximal end, and a hollow
core (Mori et al: fig 4), the process comprising:
a. providing a cellulose acetate dope comprising cellulose acetate and solvent (Mori et al: col 4:41-col 5:55; col 6:10-13);
b. extruding the cellulose acetate dope through at least one spinneret having at least one D-shaped orifice to form wet filaments (Mori et al: col 7:60-col 8:14; the fan shaped orifice constitutes the claimed D-shaped orifice ); and
c. drying the wet filaments in an apparatus adapted for removing solvent
from the wet filaments to form the closed C shaped filaments in which -
A. at least a portion of the first proximal end is either –
i. oriented toward at least a portion of the second proximal end, or
ii. contacting at least a portion of the second proximal end (Mori et al: col 7:60-col 8:15; fig 4); and
B. the first proximal end and the second proximal end form either -
i. a channel defined by a gap between the first proximal end and the second proximal end having a transverse distance D1, wherein the channel leads from
an outer surface of the closed C shaped filaments to the hollow core defined by
an inner filament surface and having a diameter D2, and wherein D2/D1 > 1, or
ii. no channel or passageway resulting from at least a portion the first
proximal end contacting at least a portion of the second proximal end (Mori et al: col 7:60-col 8:15; fig 4).
2. (Original) The process of claim 1, wherein the cellulose acetate dope has a concentration of the cellulose acetate of from 28 weight % to 35 weight %, the cellulose acetate having an average degree of substitution of from 2.2 to 2.8, and the cellulose acetate dope is at a temperature of 45*C to less than 620C as measured from a candle filter water temperature (CFWT) (Mori et al: col 6:13-34; fig 4).
3. (Original) The process of claim 1, wherein the D-shaped orifice comprises a circular annular open portion defined as a space within an inner circumference of the circular annular portion and a chord, wherein the chord intersects a first point and a second point on the inner circumference, wherein 0 is the angle determined by and between two radii, (R1) and (R2), extending from an imaginary center and intersecting the first point and the second point, the imaginary center is defined as the center of an imaginary circle drawn along the circular annular portion and continuing until a complete circle is drawn, and wherein the 0 is from 90* to 160* (Mori et al: col 7:60-col 8:15; fig 4).
5. (Original) The process of claim 1, wherein at least a portion of the closed C shaped filaments have the first proximal end and the second proximal end in contact with each other (Mori et al: fig 4).
6. (Original) The process of claim 1, wherein at least 30% of the closed C shaped filaments are mutually opposed (Mori et al: fig 4).
7. (Original) The process of claim 1, wherein the hollow core has a cross-section area that is at least 25% of the cross-section area of an individual closed C shaped filament (Mori et al: col 7:60-col 8:15; fig 4).
9. (Original) The process of claim 1, wherein the first proximal end and the second proximal end are co-extensively oriented to each other in an amount of at least 5% (Mori et al: col 7:60-col 8:15; fig 4).
12. (Original) The process of claim 1, further comprising drawing at least a portion of the closed C shaped filaments at a draft ratio from 0.9 to 1.6 (Mori et al: col 6:41-50).
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) 4,8,10,11,13, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mori et al (USPN 5707737) as applied to claim 1 above. The above teachings of Mori et al are incorporated hereinafter.
Regarding claim 4, Mori et al do not teach the proximal ends not touching. Since both touching and not touching proximal ends are well-known in the filament art, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to design the proximal ends of Mori et al to not touch in order to provide a filament with desired physical and performance characteristics.
Regarding claim 8, Mori et al do not teach the aspect ratio of the hollow core. Since hollow filaments having the claimed aspect ratios are well-known in the filament art, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to design the proximal ends of Mori et al to not touch in order to provide a filament with desired physical and performance characteristics.
Regarding claim 10, Mori et al do not teach the claimed materials. Since the claimed materials are well-known in the cellulose acetate dope art, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the claimed materials into the CA dope of Mori et al in order to ensure a high quality filament.
Regarding claim 11, Mori et al do not teach the claimed materials. Since the claimed materials are well-known in the cellulose acetate dope art, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the claimed materials into the CA dope of Mori et al in order to ensure a high quality filament.
Regarding claims 13-14, Mori et al do not teach the claimed changes and adjustments. Since Mori et al teach a fixed angle ranging from 220* to 260* (col 8:9-14) and it is well-known in the spinneret and filament arts that a fixed angle of an orifice influences the dpf, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to design the spinneret of Mori et al to produce the claimed changes ad adjustments in order to produce filaments having desired physical and performance characteristics.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. EP3821733 teaches forming C-shaped filaments from D-shaped orifices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDMUND H LEE whose telephone number is (571)272-1204. The examiner can normally be reached M-Th 9AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xiao (Sam) Zhao can be reached at 571-270-5343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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EHL
/EDMUND H LEE/Primary Examiner, Art Unit 1744