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
The amendment dated 3/19/2026 has been considered and entered into the record. Claim 1 has been amended to overcome the previous indefinite rejection. Claims 1–20 remain pending.
Claim Rejections - 35 USC § 102/103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1–7, and 17 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Garner (US 2022/0356619 A1) as evidenced by DUPONTTM HYTREL® 5526 Product Information.
Garner discloses a yarn comprising a thermoplastic copolyester elastomer fiber (i.e., filament) containing hard segments of polybutylene terephthalate and soft segments of polytetramethylene ether glycol block copolymer available under the family of HYTREL® elastomer line, including HYTREL® 5526. Garner abstract, ¶¶ 12, 41, 44. HYTREL ® 5526 has a flexural modulus of 200 MPa in accordance with ISO 178 and a melting temperature of 203oC in accordance with ISO 11357-3. See DUPONTTM HYTREL® 5526 Product Information at 1, 2. The HYTREL® filaments may have a linear density of 3.125 denier per filament. Garner ¶ 44.
Although Garner does not explicitly teach the claimed feature of an elongation at break of about 300% or more as determined in accordance with ASTM D2653-07 (2018) at a temperature of about 23oC, it is reasonable to presume that said elongation at break is inherent to Garner. Support for said presumption is found in the use of like materials (i.e. filament of claimed composition and size and an elongation at break of up to 300% according to ASTM D-638). The burden is upon Applicant to prove otherwise. In re Fitzgerald 205 USPQ 594. In addition, the presently claimed elongation at break property would obviously have been present one the Garner 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, 517 F.2d 947 (CCPA 1975).
Claim 2 is rejected as the yarn of may consist of HYTREL® filaments that exhibit a shrinkage of 1.4%. Garner ¶¶ 44–46, 58. Claims 3 and 4 are also rejected under a theory of inherency because the yarn may consist of HYTREL® filaments. Claim 5 is rejected as HYTREL® 5526 has a Shore D hardness of 51 as determined accordance with ISO 868 with a test time of 15 seconds. DUPONTTM HYTREL® 5526 Product Information at 1. Claim 6 is rejected as a copolyester elastomer comprising containing hard segments of polybutylene terephthalate and soft segments of polytetramethylene ether glycol block copolymer is a copolyetherester elastomer. The thermoplastic copolyester elastomer may comprise 25 to 80 weight percent hard, ester segments and 20 to 75 weight percent soft, glycol segments. Garner ¶ 79. Claim 17 is rejected as the yarn may be a multifilament yarn. See id. ¶ 44.
Claim Rejections - 35 USC § 103
Claim(s) 8–12 are rejected under 35 U.S.C. 103 as being unpatentable over Garner as evidenced by DUPONTTM HYTREL® 5526 Product Information as applied to claim 1 above, and further in view of Shirahama (JP 2008163527 A).
Garner and DUPONTTM HYTREL® 5526 Product Information fail to teach the composition from which the hard and soft segments of the thermoplastic copolyester elastomer are derived.
Shirahama teaches the formation of a fiber using a polyetherester block copolymer with high elastic recovery. Shirahama abstract. Polyetherester block copolymers usually have a crystalline polyester unit (hard segment) comprising a short-chain glycol and an aromatic dicarboxylic acid component (aromatic dicarboxylic acid or aromatic dicarboxylic acid diester), and a polyalkylene ether glycol ( Long chain glycol) and an amorphous polyester unit (soft segment) comprising an aromatic dicarboxylic acid component. Id. Background Art. Shirahama teaches the use of ethylene glycol as a short-chain glycol along with the aromatic dicarboxylic acid to the give the formed fibers sufficient elastic recovery. Id. Abstract, Tech Solution. The soft segment of the polyetherester block copolymer may comprise at least one aromatic dicarboxylic acid and poly(ethylene oxide) glycol. Id. Best Mode.
It would have been obvious to one of ordinary skill in the art to have looked to Shirahama for guidance as to suitable components from which to make thermoplastic copolyetherester elastomer in order to successfully practice the invention of Garner. Furthermore, claim 12 is obvious because the copolyetherester of Shirahama may comprise poly(tetramethylene oxide) glycol, preferably terephthalic acid, and 1,4-butanediol or 1,3-propanediol. Shirahama Best Mode.
Claim(s) 13–16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Garner as evidenced by DUPONTTM HYTREL® 5526 Product Information as applied to claim 1 above, and further in view of Figuly (US 2003/0186051 A1).
Garner and DUPONTTM HYTREL® 5526 Product Information fail to teach coating the thermoplastic copolyetherester elastomer filament with silicone oil.
Figuly teaches the formation of a composite yarn comprising a bi-constituent yarn that includes a first filament comprising thermoplastic elastomeric polymer core, and a plurality of radially-disposed wings attached to the core comprising a thermoplastic, non-elastomeric polymer and a second, companion filament. Figuly abstract, Fig. 2. The filaments may be coated with a silicone oil finish. Id. ¶ 77. The term yarn includes monofilament yarns. Id. ¶ 35.
It would have been obvious to the ordinarily skilled artisan to have modified the filaments of Garner to have the radially-disposed wings and coated at least about 50% of the filament’s surface with silicone oil to protect the core elastomeric yarn during processing. See Figuly ¶¶ 44–47.
Figuly teaches the formation of polyetherester yarns through a process of extruding a melt comprising thermoplastic copolyester elastomer through a spinneret to a feed roller, air quenching the filament, applying finish to the filament, and collecting the filament on a winding roller. Id. ¶¶ 59, 76–79, 102, Fig. 10.
It also would have been obvious to the ordinarily skilled artisan to have looked to Figuly for guidance as to a suitable process to make polyetherester yarns in order to successfully practice the invention of Garner.
Claim(s) 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Garner as evidenced by DUPONTTM HYTREL® 5526 Product Information. Garner teaches that the thermoplastic copolyester elastomer yarn may comprise multiple filaments having the same polyetherester composition. See Garner ¶¶ 44–47. It would have been obvious to the ordinarily skilled artisan to have at least partially adhered multiple polyetherester filaments together motivated by the desire to protect other filaments within the yarn.
Response to Arguments
Applicant's arguments filed 3/19/2026 have been fully considered but they are not persuasive.
Applicant argues that there are numerous ways to form a yarn and each method can affect the properties of the resulting yarn. And as such, Applicant contends that because Garner teaches the inclusion of a two polymers within a yarn and having a different denier and the use of post-production treatment of the yarn does not mean that the elongation from break would necessarily flow from Garner as required to establish inherency. This argument is unpersuasive as the Examiner is relying upon a specific teaching of Garner to establish inherency, not the entire disclosure. Here, the Examiner points to a monofilament yarn of HYTREL ® 5526 that has a flexural modulus of 200 MPa in accordance with ISO 178 and a melting temperature of 203oC in accordance with ISO 11357-3. See DUPONTTM HYTREL® 5526 Product Information at 1, 2. The HYTREL® filaments may have a linear density of 3.125 denier per filament. Garner ¶ 44. Accordingly, the other materials that may be incorporated with the HYRTEL® filament or a post-production treatment that may be used on the filament are not relevant to the relied upon example as taught in Garner.
Conclusion
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 MATTHEW D MATZEK whose telephone number is (571)272-5732. The examiner can normally be reached M-F 9:30-6.
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/MATTHEW D MATZEK/Primary Examiner, Art Unit 1786
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