Detailed Office Action
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Indefiniteness Rejection
2. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
3. Claims 8-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Firstly, with respect to claim 8, the claim is drawn to process for producing a fiber or film; however, applicants have failed to set forth any specific steps pertaining to the production of the film.
Secondly, with respect to claim 12, the language, “the amines other than”, lacks antecedent basis.
Prior Art Rejection
4. 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.
5. Claims 1-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rodewald et al. et al. (US 2009/0182113 A1).
Rodewald et al. disclose the reaction of a diisocyanate, such as MDI, with a product resulting from the reaction of polytetrahydrofuran glycol with isophthalic acid to yield a prepolymer, which is subsequently reacted with a diamine chain extender and a chain terminator to yield a composition suitable for spinning a fiber. See abstract and paragraphs [0014]-[0024]. Since the disclosed reactants, process, and application correspond to those of applicants, the position is taken that the claimed hard segment content and segment molecular weights are inherent features of the disclosed composition.
6. Claims 1, 4, 8-13, 15, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu et al. (US 2018/0305842 A1).
Liu et al. disclose the reaction of a prepolymer, produced by reacting a diisocyanate, such as MDI, with a copolymer of tetrahydrofuran and 3-methyltetrahydrofuran, with a diamine chain extender and chain terminator to yield a composition having applicants’ hard segment content, which is suitable for producing a fiber. This disclosed process corresponds to that of applicants’ claim 8. The resulting fiber may be used to produce fabrics. See abstract and paragraphs [0022], [0026]-[0031], and [0035].
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rabon A Sergent whose telephone number is (571)272-1079. The examiner can normally be reached on Monday through Friday from 9:00 AM until 5:00 PM, ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Riviere Kelley, can be reached at telephone number 571-270-1831. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RABON A SERGENT/Primary Examiner, Art Unit 1765
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