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 .
Examiner’s Comments
The Examiner has cited particular columns and line numbers, paragraphs, or figures in the references as applied to the claims for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing the responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art is relied upon, and the rationale supporting the rejection, would be the same under either status.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55 on 06/01/2024.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-16 is/are rejected under 35 U.S.C. 102 (a 1 or 2) as being anticipated by EP 1861524B1 issued to Bass et al.
Bass et al disclose making a flame resistant fabric, manufactured from a blend of fibers comprises amorphous silica fibers; and at least one fiber selected from the group consisting of flame resistant (FR) fibers, binder fibers and mixtures thereof. [abstract, ¶ ¶¶ 0013-0015, 0019, 0052-0054]. Such materials can be woven or non-woven, knitted, or laminated with other materials. [¶ 0002].
At ¶ 0037, Bass et al. disclose that the additive fibers, namely the FR fibers, the amount of silica fiber in the fiber blend can vary, depending upon the other fibers used. In one embodiment, the amount of silica fiber in the blend is from 5 to 65 weight percent, based upon the total weight of the blend.
At ¶ ¶ 0017 and 0020, Bass et al. teach that fiber blends contain amorphous silica which shows improved char strength. At ¶ 0030, Bass et al teach that the length of the silica fibers may range from 50 millimeters to 125 millimeters.
At ¶ 0038, Bass et al disclose that various FR fibers are known in the art. The FR fibers may be an inherent flame resistant fiber or a fiber (natural or synthetic) that is coated with an FR resin. The inherent flame resistant fibers are not coated, but have an FR component incorporated within the structural chemistry of the fiber.
At ¶ 0039, Bass et al disclose that suitable inherently flame resistant fibers can include polymer fibers having a phosphorus-containing group, an amine, a modified aluminosilicate, or a halogen-containing group. Examples of inherently flame resistant fibers include melamines, meta-aramids, para-aramids, polybenzimidazole, polyimides, polyamideimides, partially oxidized polyacrylonitriles, novoloids, poly(p-phenylene benzobisoxazoles), poly (p-phenylenebenzothiazoles), polyphenylene sulfides, flame retardant viscose rayons; (e.g., a viscose rayon based fiber containing 30% aluminosilicate modified silica, SiO2+Al2 O3), polyetheretherketones, polyketones, polyetherimides, and combinations thereof).
At ¶ 0040, they disclose the meta-aramids can include poly (m-phenylene isophthalamide), for example sold under the tradenames NOMEX® by E.I. Du Pont de Nemours and Co., TEIJINCONEX® and CONEX® by Teijin Limited and FENYLENE® by Russian State Complex. Para-aramids include poly (p-phenylene terephthalamide), for example sold under the tradename KEVLAR® by E.I. Du Pont de Nemours and Co., and poly (diphenylether para-aramid), for example sold under the tradename TECHNORA®.
At ¶ 0043, Bass et al. teach that the flame retardant viscose rayons include, for example, those sold under the tradenames LENZING FR® by Lenzing A. G. and VISIL® by Sateri Oy Finland.
At ¶ 0047, Bass et al. disclose that natural or synthetic fibers coated with an FR resin are also useful in the fiber blend of the present invention. Suitable fibers coated with an FR resin include those where the resin contains one or more of phosphorus, phosphorus compounds, red phosphorus, esters of phosphorus, and phosphorus complexes.
At ¶ 0051, Bass et al. disclose that the fiber blend of the present invention may further contain one or more non-FR fibers. The non-FR fibers may be synthetic or natural fibers. Suitable non-FR synthetic fibers include polyester such as polyethylene terephthalate (PET); cellulosic, such as rayon and/or lyocell; nylon; polyolefin such as polypropylene fibers; acrylic; melamine and combinations thereof. The lyocell fibers are a generic classification for solvent-spun cellulosic fibers. These fibers are commercially available under the name TENCEL®. Natural fibers include flax, kenaf, hemp, cotton and wool. In one embodiment, non-FR fibers are employed to enhance certain characteristics such as loft, resilience or springiness, tensile strength, and thermal retention.
Regarding Claim 1, where Applicant seeks a flame-retardant fabric comprising:
20% by mass or more and less than 40% by mass of silica-containing cellulose fibers;
25 to 55% by mass of flame-retardant cellulose fibers containing a phosphorus-based flame retardant; and 10 to 50% by mass of aramid fibers; Applicant is directed to ¶ 0013, 0015, 0043, 0050-0054 for silica containing cellulose fiber with VISIL (rayon) where 40% Visil is used. For FR cellulose containing a phosphorus based flame retardant see ¶¶ 0039, 0047-0049 and the amount of the FR cellulose can be 6 to 25%. For the aramids, Applicant is directed to ¶ 0039-0040, 0066-0073, where the instant reference teaches both para or meta aramids can be used and at ¶ 0073, 10% is the amount used.
Regarding Claim 2, where Applicant seeks that the flame-retardant fabric according to claim 1, wherein the silica-containing cellulose fibers include silica-containing rayon fibers; Applicant is directed to ¶ 0013, 0015, 0043, 0050-0054 for silica containing cellulose fiber with VISIL (rayon) where 40% Visil is used.
Regarding Claim 3, where Applicant seeks that the flame-retardant fabric according to claim 1, wherein the flame-retardant cellulose fibers include flame-retardant rayon fibers; Applicant is directed to ¶¶ 0039, 0047-0049 where the FR viscose rayons are shown.
Regarding Claim 4, where Applicant seeks that the flame-retardant fabric according to claim 1, wherein the aramid fibers include one or more of fibers selected from the group consisting of para-aramid fibers and meta-aramid fibers; Applicant is directed to ¶¶ 0039-0040, 0066-0073, where the instant reference teaches both para or meta aramids can be used.
Regarding Claim 5, where Applicant seeks that the flame-retardant fabric according to claim 1, having a char length of 20 mm or less as measured in a flammability test based on GB/T 5455-2014 defined in GB8965.1-2020; The instant reference teaches char but does not measure a char length of 20 mm or less as measured in a flammability test based on GB/T 5455-2014 defined in GB8965.1-2020. It is the position of the Office that the claimed resultant properties char length of 20 mm or less as measured in a flammability test based on GB/T 5455-2014 defined in GB8965.1-2020, would be inherent if not obvious to the composite of Bass et al. It is reasonable to presume so, as support for said presumption is found in the use of like materials (i.e. same fiber blends, same length, overlapping amounts and lastly same final end use). The burden is upon Applicant to prove otherwise. In re Fitzgerald 205 USPQ 594. In addition, the presently claimed properties as set forth above, it would obviously have been present once the Bass et al. product is provided. Note In re Best, 195 USPQ at 433, footnote (CCPA 1977) as to the providing of this rejection made above under 35 USC 102. Reliance upon inherency is not improper even though rejection is based on Section 103 instead of Section 102. In re Skoner, et al. (CCPA) 186 USPQ 80.
Regarding Claim 6, where Applicant seeks that the flame-retardant fabric according to claim 1, wherein the silica-containing cellulose fibers comprise silica in an amount of 10 to 30% by mass; Applicant is directed to ¶ 0037, where Bass et al. disclose that the additive fibers, namely the FR fibers, the amount of silica fiber in the fiber blend can vary, depending upon the other fibers used. In one embodiment, the amount of silica fiber in the blend is from 5 to 65 weight percent, based upon the total weight of the blend.
Regarding Claim 7, where Applicant seeks that the flame-retardant fabric according to claim 1, wherein the flame-retardant fabric comprises silica derived from the silica-containing cellulose fibers in an amount of 3.0 to 9.0% by mass; Applicant is directed to ¶ 0037, where Bass et al. disclose that the additive fibers, namely the FR fibers, the amount of silica fiber in the fiber blend can vary, depending upon the other fibers used. In one embodiment, the amount of silica fiber in the blend is from 5 to 65 weight percent, based upon the total weight of the blend.
Regarding Claim 8, where Applicant seeks that the flame-retardant fabric according to claim 1, wherein at least one type of fibers selected from the group consisting of the silica-containing cellulose fibers, the flame-retardant cellulose fibers, and the aramid fibers have a fiber length of 38 to 127 mm; Applicant is directed to ¶ 0030, where Bass et al teach that the length of the silica fibers may range from 50 millimeters to 125 millimeters.
Regarding Claim 9, where Applicant seeks work clothing comprising the flame-retardant fabric according to claim 1; Applicant is directed to ¶ 0074.
Regarding Claim 10, where Applicant seeks that the work clothing according to claim 9, wherein the silica-containing cellulose fibers include silica-containing rayon fibers; Applicant is directed to ¶ 0013, 0015, 0043, 0050-0054 for silica containing cellulose fiber with VISIL (rayon) where 40% Visil is used.
Regarding Claim 11, where Applicant seeks that the work clothing according to claim 9, wherein the flame-retardant cellulose fibers include flame-retardant rayon fibers; Applicant is directed to ¶¶ 0039, 0047-0049 where the FR viscose rayons are shown.
Regarding Claim 12, where Applicant seeks that the work clothing according to claim 9, wherein the aramid fibers include one or more of fibers selected from the group consisting of para-aramid fibers and meta-aramid fibers; Applicant is directed to ¶¶ 0039-0040, 0066-0073, where the instant reference teaches both para or meta aramids can be used.
Regarding Claim 13, where Applicant seeks that the work clothing according to claim 9, having a char length of 20 mm or less as measured in a flammability test based on GB/T 5455-2014 defined in GB8965.1-2020; The instant reference teaches char but does not measure a char length of 20 mm or less as measured in a flammability test based on GB/T 5455-2014 defined in GB8965.1-2020. It is the position of the Office that the claimed resultant properties char length of 20 mm or less as measured in a flammability test based on GB/T 5455-2014 defined in GB8965.1-2020, would be inherent if not obvious to the composite of Bass et al. It is reasonable to presume so, as support for said presumption is found in the use of like materials (i.e. same fiber blends, same length, overlapping amounts and lastly same final end use). The burden is upon Applicant to prove otherwise. In re Fitzgerald 205 USPQ 594. In addition, the presently claimed properties as set forth above, it would obviously have been present once the Bass et al. product is provided. Note In re Best, 195 USPQ at 433, footnote (CCPA 1977) as to the providing of this rejection made above under 35 USC 102. Reliance upon inherency is not improper even though rejection is based on Section 103 instead of Section 102. In re Skoner, et al. (CCPA) 186 USPQ 80.
Regarding Claim 14, where Applicant seeks that the work clothing according to claim 9, wherein the silica-containing cellulose fibers comprise silica in an amount of 10 to 30% by mass; Applicant is directed to ¶ 0037, where Bass et al. disclose that the additive fibers, namely the FR fibers, the amount of silica fiber in the fiber blend can vary, depending upon the other fibers used. In one embodiment, the amount of silica fiber in the blend is from 5 to 65 weight percent, based upon the total weight of the blend.
Regarding Claim 15, where Applicant seeks that the work clothing according to claim 9, wherein the flame-retardant fabric comprises silica derived from the silica-containing cellulose fibers in an amount of 3.0 to 9.0% by mass; Applicant is directed to ¶ 0037, where Bass et al. disclose that the additive fibers, namely the FR fibers, the amount of silica fiber in the fiber blend can vary, depending upon the other fibers used. In one embodiment, the amount of silica fiber in the blend is from 5 to 65 weight percent, based upon the total weight of the blend.
Regarding Claim 16, where Applicant seeks that the work clothing according to claim 9, wherein at least one type of fibers selected from the group consisting of the silica-containing cellulose fibers, the flame-retardant cellulose fibers, and the aramid fibers have a fiber length of 38 to 127 mm; Applicant is directed to ¶ 0030, where Bass et al teach that the length of the silica fibers may range from 50 millimeters to 125 millimeters.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please review documents listed on the PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Arti R Singh-Pandey whose telephone number is (571)272-1483. The examiner can normally be reached Monday-Thursday 8:30-3:00 and 8:00-10:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duane Smith can be reached at 571-272-1166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Arti Singh-Pandey/
Primary Patent Examiner
Art Unit 1759
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https://patents.google.com/patent/KR20180002840U/en?oq=KR20180002840U
https://patents.google.com/patent/US20060234592A1/en?oq=20060234592
11846043
https://patents.google.com/patent/US20180002840A1/en?oq=20180002840
USPUB 20180002840A1 issued to Tutterow et al.
Tutterow et al. disclose protective fabrics, and more specifically to flame resistant fabrics, having a unique blend of fibers and garments made from such fabrics. [abstract, ¶ 0001, 0009].
Tutterow et al. have several embodiments with different percentages of the fiber blends used to create the fabric. The one closest to Applicant’s claims is found at ¶ 0012, where the instant reference teaches that the yarns are formed from a fiber blend having approximately 30-60% FR modacrylic fibers, approximately 20-60% synthetic cellulosic fibers, and approximately 5-30% additional inherently FR fibers. TENCEL™ and particularly TENCEL A100™ (both non-FR synthetic cellulosic fibers) and para-aramid fibers (inherently FR fibers) have performed particularly well in this application. The yarns are subsequently be used to form FR fabrics in a variety of ways (e.g. weaving, knitting, etc.), all well known in the industry.
Tutterow et al. use fire resistant fiber blends in the form of woven, knits and nonwovens [¶ 0011].
Tutterow et al. at ¶ 0022 teaches that the same types of FR modacrylic fibers, synthetic cellulosic fibers, and additional inherently FR fibers need not be used in the blend. Rather, multiple types of each may be blended together.
0050