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 filed 3/31/26 has been entered. Claims 1-8, 10-18, 20 remain pending in the application.
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.
Claim(s) 1-5, 10-15, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ogata et al (US Publication 2021/0381141), herein Ogata, in view of Otaigbes (NPL), Abe et al (JP 2009/046800), herein Abe, and Tharpe Jr et al (USPN 8215092), herein Tharpe.
Regarding Claim 1, Ogata teaches a method for preparing a polyester elastic conjugated yarn (if a prior art, in its normal and usual operation, would necessarily describe a device capable of performing the steps of the method or process, then the device claimed will be considered to be inherent by the prior art process or method. When the prior art process or method is the same as a process or method described in the specification for describing the claimed device, it can be assumed the process or method will inherently describe the claimed device capable of performing the different steps of the process or method. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986). MPEP 2112.02; as such, for the structure for the method, see [0008] "composite yarn…contains a crimped yarn and a stretch fiber"; [0016] "as a fiber that forms the false-twist crimped yarn A or the false-twist crimped yarn B, polyester fibers...are usable"; [0016] "polyester fibers include a conjugate fiber containing at least one polyester component. Examples of such conjugate fibers include side-by-side conjugate fibers"; [0026] "as the stretch fiber, a fiber made of…polyether ester-based fiber"), comprising:
forming a polyester yarn ([0016] "as a fiber that forms the false-twist crimped yarn A or the false-twist crimped yarn B, polyester fibers...are usable"; [0016] "polyester fibers include a conjugate fiber containing at least one polyester component. Examples of such conjugate fibers include side-by-side conjugate fibers")
by using a polyester fiber as a raw material through a false twisting process ([0009] "crimped yarn contains false-twist crimped yarn A…and a false-twist crimped yarn B"; see [0016] for polyester);
forming a component ([0026] "as the stretch fiber, a fiber made of…polyether ester-based fiber”); and
combining the polyester yarn and the component in a fiber blending process to obtain the polyester elastic conjugated yarn ([0008] "the composite yarn contains a crimped yarn and stretch fiber"; [0009] "the composite yarn is an entangled yarn that has been subjected to interlacing processing"; [0037] Methods for producing the composite yarn are not particularly limited. For example, it is possible that the false-twist crimped yarn A having torque in the S-direction, the false-twist crimped yarn B having torque in the Z-direction, and a stretch fiber are aligned, and then air-mingled by air texturing (interlacing processing or Taslan® processing)", wherein applicant specification, such as Fig. 1 and [0040], also uses air to blend, and therefore Ogata’s interlacing is fiber blending as claimed),
wherein the polyester yarn and the component are independent (the polyester yarn and the component are different materials and therefore are independent of one another),
and the polyester yarn and the component are separable (the polyester yarn and the component are different materials and therefore independent and separable),
wherein the first drawing ratio of the polyester yarn is between 1 to 2 ([0064] “polyester yarn was subjected to…drawing …under…draw ratio: 1.6”).
Ogata does not explicitly teach the forming the component is forming a thermoplastic polyester elastomer yarn,
by using a thermoplastic polyester elastomer (TPEE) as a raw material through an unwinding process,
wherein the polyester yarn and the thermoplastic polyester elastomer yarn are independent but twist to each other,
and the polyester yarn and the thermoplastic polyester elastomer yarn are separable.
However, the aforementioned independence and separability would be met if Ogata taught TPEE as the thermoplastic polyester elastomer yarn.
Ogata at least suggests forming a thermoplastic polyester elastomer by using a thermoplastic polyester elastomer (TPEE) as a raw material ([0026] "as the stretch fiber, a fiber made of…polyether ester-based fiber”, wherein applicant specification [0043] indicates co-polyether ester being a TPEE).
Nevertheless, Otaigbes teaches a polyether ester-based fiber being co-polyether ester and therefore teaches using a thermoplastic polyester elastomer (TPEE) as a raw material (see Chapter 11.4 page 336 "The poly(ether ester) (PEE) fiber"; page 336 "poly (ether ester) is ...copolymers....well studied, particularly in the case of PEE based on...PBT and poly(tetramethylene oxide). Fiber formation from the melt of a copolymer based on PBT and PEG 1000 was studied", wherein Otaigbes indicates that "based" means "copolymer", and therefore meets applicant's specification [0043] indicating that a co-polyether ester meets the limitations of TPEE).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ogata’s polyether ester-based fiber to be Otaigbes polyether ester-based fiber (co-polyether ester) material, as a known material example of polyether ester-based components, in order to capitalize on the desired material properties, such as its elasticity (page 337).
Ogata also at least suggests forming a thermoplastic polyester elastomer yarn by using a thermoplastic polyester elastomer (TPEE) as a raw material through an unwinding process ([0066] "in the method described in JP-A-2009-46800, Example 24…a conjugate fiber", wherein [0066] is the stretch fiber (because [0063-0065] are yarns A and B yarns of the crimped yarn); furthermore, [0026] “as the stretch fiber, a fiber made of…a conjugate fiber…an elastic fiber (…polyether ester-based fiber…)” does indicate conjugate stretch fiber as another option for the TPEE stretch fiber); wherein JP-A-2009-46800 corresponds to Abe, and Abe teaches yarn and at least suggests unwinding).
More specifically, Abe teaches winding conjugate yarn (and therefore the polyether ester-based fiber) (see Figs. 5, 6; [0034] "method for producing the PTT composite fiber…spinning facility is shown in Fig. 5, and a drawing machine is shown in Fig."; [0034] "molten PTT and other polyesters are sent through bends 5 and 6…bonded side-by-side, and then extruded into a spinning chamber as a multifilament 10"; [0035] "multifilament 10...is then wound up as an undrawn yarn package 15"; as for yarn—see Example 24 in [0072] directed to Example 1 [0063] “spinning conditions” indicating that this fiber is spun and therefore forms yarn).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that Abe’s wound package being further processed, such as in the methods of Ogata, would require an unwinding process.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ogata’s stretch fiber/TPEE to be from the winding process taught by Abe, and therefore require an unwind process in further processing to eventually have Ogata’s blending the stretch yarn with the crimped yarn/polyester yarn, as Abe, taught by Ogata to be corresponding to Ogata, teaches winding the stretch yarn/TPEE when the raw material is first produced, as a known effective method of handling yarn.
It would have been further obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ogata’s stretch fiber/TPEE to be yarn as taught by Abe to provide strength for future processing (see extrinsic evidence Hatch NPL).
As such, modified Ogata teaches forming a thermoplastic polyester elastomer yarn,
by using a thermoplastic polyester elastomer (TPEE) as a raw material through an unwinding process.
As such, modified Ogata also then teaches wherein the polyester yarn and the thermoplastic polyester elastomer yarn are independent (modified Ogata teaches polyester yarn formed as claimed and the thermoplastic polyester elastomer yarn of TPEE formed as claimed, along with the combining step as claimed which meets the structural limitations in the claims and would result in the structure as claimed),
wherein the polyester yarn and the thermoplastic polyester elastomer yarn are separable (modified Ogata teaches polyester yarn formed as claimed and the thermoplastic polyester elastomer yarn of TPEE formed as claimed, along with the combining step as claimed which meets the structural limitations in the claims and would result in the structure as claimed).
Modified Ogata also does not explicitly teach wherein the polyester yarn and the thermoplastic polyester elastomer yarn twist to each other.
However, Ogata teaches interlacing the polyester yarn and the component ([0008] "the composite yarn contains a crimped yarn and stretch fiber"; [0009] "the composite yarn is an entangled yarn that has been subjected to interlacing processing"; [0037] Methods for producing the composite yarn are not particularly limited. For example, it is possible that the false-twist crimped yarn A having torque in the S-direction, the false-twist crimped yarn B having torque in the Z-direction, and a stretch fiber are aligned, and then air-mingled by air texturing (interlacing processing or Taslan® processing)", wherein applicant specification, such as Fig. 1 and [0040], also uses air to blend, and therefore Ogata’s interlacing is fiber blending as claimed).
Abe further teaches wherein two polyester elements are separable but twist to each other (see Figs. 5, 6; [0034] "method for producing the PTT composite fiber…spinning facility is shown in Fig. 5, and a drawing machine is shown in Fig."; [0034] "molten PTT and other polyesters are sent through bends 5 and 6…bonded side-by-side, and then extruded into a spinning chamber as a multifilament 10"; [0045] "in the manufacturing method of the present invention, entanglement and/or twisting is imparted").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ogata with the twisting of Abe especially as Abe teaches it is known to alternatively or additionally twist polyester elements together for strength and/or stretchability ([0023]), especially for later processing, especially as modified Ogata is of two polyester elements.
Ogata also does not explicitly teach wherein the first drawing ratio of the polyester yarn is different from the second drawing ratio of the thermoplastic polyester elastomer yarn,
and the second drawing ratio is between 3 to 5.
However, modified Ogata teaches drawing ratios exist for the polyester yarn and of the thermoplastic polyester elastomer yarn (see Ogata for drawing ratio of the polyester yarn-- Example 1: [0064] "polyester yarn was subjected to simultaneous drawing and false-twist crimping under the following conditions: draw ratio: 1.6...thereby giving a false-twist crimped yarn A"; wherein [0065] teaches similarly for crimped yarn B).
Tharpe teaches wherein the first drawing ratio of the yarn is different from the second drawing ratio of the elastic yarn, and wherein the first drawing ratio is between 1 to 2 and the second drawing ratio is between 3 to 5 (see Fig. 4; Col. 3 Lines 34-40 “composite elastic yarn be made by providing a filamentary core comprised of at least one elastic performance filament and at least one inelastic control filament, wherein the at least one elastic performance filament has a draft ratio which is at least two times…the draft ratio of the at least one inelastic control filament”; Col. 6 Lines 21-24 “draft ratio controllers 30…set so as to feed the inelastic control filament 14…at a draft of about 1.0 (+/- about 0.1…)…the draft ratio control 28…is set so as to supply the elastic performance filament 12…at a draft ratio of at least about 2.0, and preferably at least about 3.0. Thus, when joined with the inelastic control filament 14, the elastic performance filament 12 will be at a draft ratio which is at least two times, preferably at least three times, the draft ratio of the inelastic control filament 14”; Col. 6 Lines 45-47 “draft ratio differential bas between the elastic performance filament 12…and the inelastic control filament…serve to achieve an elastic composite yarn 10”).
Especially absent a showing of criticality of the draft ratios claimed (see applicant specification [0038]), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ogata’s ratio of drawn elastic (TPEE, as provided by Otaigbes), to be at least three times the draft ratio of the inelastic (Ogata 1.6), as taught by Tharpe, and therefore be between 3 to 5 as further taught by Tharpe, depending on the desired recovery characteristics (Col. 6 Lines 32-36, 54), especially being in the same art of endeavor as a composite yarn with yarns of differing elasticities.
Regarding Claim 2, modified Ogata teaches all the claimed limitations as discussed above in Claim 1.
Ogata further teaches wherein the polyester fiber is a polyethylene terephthalate (PET) fiber, a polybutylene terephthalate (PBT) fiber, a polytrimethylene terephthalate (PTT) fiber, a cationic-dyeable polyester (CD polyester) fiber or a recycled polyester fiber ([0017] "as a polyester that forms a polyester fiber, polyesters in which the main acid component is terephthalic acid, and the main glycol component is….ethylene glycol (polyethylene terephthalate)").
Regarding Claim 3, modified Ogata teaches all the claimed limitations as discussed above in Claim 1.
Ogata further teaches wherein the polyester fiber is a sheath-core (S/C) fiber, a segment pie fiber or a sea and islands (S/I) fiber ([0016] "as a fiber that forms the false-twist crimped yarn A or the false-twist crimped yarn B, polyester fibers...are usable"; [0016] "polyester fibers include a conjugate fiber containing at least one polyester component. Examples of such conjugate fibers include side-by-side conjugate fibers, eccentric sheath-core conjugate fibers, core-sheath conjugate fibers, and islands-in-sea conjugate fibers").
Regarding Claim 4, modified Ogata teaches all the claimed limitations as discussed above in Claim 1.
Otaigbes further teaches wherein the thermoplastic polyester elastomer is a polybutylene terephthalate (PBT) type polyester elastomer (see page 336).
Regarding Claim 5, modified Ogata teaches all the claimed limitations as discussed above in Claim 1.
Modified Ogata at least suggests wherein the thermoplastic polyester elastomer is prepared by a non-recycling process or a recycling process (absent a showing of criticality with respect to this limitation (see applicant specification [0010], [0011], [0020], [0042], [0046]), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ogata’s thermoplastic polyester elastomer, as provided by Otaigbes, to be either from non-recycling or recycling, as there is a finite number of solutions without unexpected results).
Regarding Claim 10, Ogata teaches a polyester elastic conjugated yarn (see [0008] "composite yarn…contains a crimped yarn and a stretch fiber"; [0016] "as a fiber that forms the false-twist crimped yarn A or the false-twist crimped yarn B, polyester fibers...are usable"; [0016] "polyester fibers include a conjugate fiber containing at least one polyester component. Examples of such conjugate fibers include side-by-side conjugate fibers"; [0026] "as the stretch fiber, a fiber made of…polyether ester-based fiber") comprising:
a polyester yarn ([0016] "as a fiber that forms the false-twist crimped yarn A or the false-twist crimped yarn B, polyester fibers...are usable"; [0016] "polyester fibers include a conjugate fiber containing at least one polyester component. Examples of such conjugate fibers include side-by-side conjugate fibers")
and a component ([0026] "as the stretch fiber, a fiber made of…polyether ester-based fiber),
wherein the polyester yarn and the component are independent (the polyester yarn and the component are different materials and therefore are independent of one another),
and the polyester yarn and the component are separable (the polyester yarn and the component are different materials and therefore independent and separable),
wherein the first drawing ratio of the polyester yarn is between 1 to 2 ([0064] “polyester yarn was subjected to…drawing …under…draw ratio: 1.6”).
Ogata does not explicitly teach the component is a thermoplastic polyester elastomer yarn,
wherein the polyester yarn and the thermoplastic polyester elastomer yarn are independent but twist to each other,
and the polyester yarn and the thermoplastic polyester elastomer yarn are separable.
However, Ogata at least suggests forming a thermoplastic polyester elastomer by using a thermoplastic polyester elastomer (TPEE) as a raw material ([0026] "as the stretch fiber, a fiber made of…polyether ester-based fiber”, wherein applicant specification [0043] indicates co-polyether ester being a TPEE).
Otaigbes teaches a polyether ester-based fiber being co-polyether ester and therefore teaches using a thermoplastic polyester elastomer (TPEE) as a raw material (see Chapter 11.4 page 336 "The poly(ether ester) (PEE) fiber"; page 336 "poly (ether ester) is ...copolymers....well studied, particularly in the case of PEE based on...PBT and poly(tetramethylene oxide). Fiber formation from the melt of a copolymer based on PBT and PEG 1000 was studied", wherein Otaigbes indicates that "based" means "copolymer", and therefore meets applicant's specification [0043] indicating that a co-polyether ester meets the limitations of TPEE).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ogata’s polyether ester-based fiber to be Otaigbes polyether ester-based fiber (co-polyether ester), as a known material example of polyether ester-based components, in order to capitalize on the desired material properties, such as its elasticity (page 337).
Ogata also at least suggests forming a thermoplastic polyester elastomer yarn by using a thermoplastic polyester elastomer (TPEE) as a raw material ([0066] "in the method described in JP-A-2009-46800, Example 24…a conjugate fiber", wherein [0066] is the stretch fiber (because [0063-0065] are yarns A and B yarns of the crimped yarn; furthermore, [0026] “as the stretch fiber, a fiber made of…a conjugate fiber…an elastic fiber (…polyether ester-based fiber…)” does indicate conjugate stretch fiber as another option for the TPEE stretch fiber); wherein JP-A-2009-46800 corresponds to Abe, and Abe teaches yarn).
More specifically, Abe teaches conjugate yarn (and therefore the polyether ester-based fiber) (see Figs. 5, 6; [0034] "method for producing the PTT composite fiber…spinning facility is shown in Fig. 5, and a drawing machine is shown in Fig."; [0034] "molten PTT and other polyesters are sent through bends 5 and 6…bonded side-by-side, and then extruded into a spinning chamber as a multifilament 10"; [0035] "multifilament 10...is then wound up as an undrawn yarn package 15"; as for yarn—see Example 24 in [0072] directed to Example 1 [0063] “spinning conditions” indicating that this fiber is spun and therefore forms yarn).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ogata’s stretch fiber/TPEE to be yarn as taught by Abe as Abe, taught by Ogata to be corresponding to Ogata, teaches as such, to provide strength for future processing (see extrinsic evidence Hatch NPL).
As such, modified Ogata teaches forming a thermoplastic polyester elastomer yarn.
As such, modified Ogata also then teaches wherein the polyester yarn and the thermoplastic polyester elastomer yarn are independent (modified Ogata teaches polyester yarn formed as claimed and the thermoplastic polyester elastomer yarn of TPEE formed as claimed, along with the combining step as claimed which meets the structural limitations in the claims and would result in the structure as claimed),
wherein the polyester yarn and the thermoplastic polyester elastomer yarn are separable (modified Ogata teaches polyester yarn formed as claimed and the thermoplastic polyester elastomer yarn of TPEE formed as claimed, along with the combining step as claimed which meets the structural limitations in the claims and would result in the structure as claimed).
Modified Ogata also does not explicitly teach wherein the polyester yarn and the thermoplastic polyester elastomer yarn twist to each other.
However, Ogata teaches interlacing the polyester yarn and the component ([0008] "the composite yarn contains a crimped yarn and stretch fiber"; [0009] "the composite yarn is an entangled yarn that has been subjected to interlacing processing"; [0037] Methods for producing the composite yarn are not particularly limited. For example, it is possible that the false-twist crimped yarn A having torque in the S-direction, the false-twist crimped yarn B having torque in the Z-direction, and a stretch fiber are aligned, and then air-mingled by air texturing (interlacing processing or Taslan® processing)", wherein applicant specification, such as Fig. 1 and [0040], also uses air to blend, and therefore Ogata’s interlacing is fiber blending as claimed).
Abe further teaches wherein two polyester elements are separable but twist to each other (see Figs. 5, 6; [0034] "method for producing the PTT composite fiber…spinning facility is shown in Fig. 5, and a drawing machine is shown in Fig."; [0034] "molten PTT and other polyesters are sent through bends 5 and 6…bonded side-by-side, and then extruded into a spinning chamber as a multifilament 10"; [0045] "in the manufacturing method of the present invention, entanglement and/or twisting is imparted").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ogata with the twisting of Abe especially as Abe teaches it is known to alternatively or additionally twist polyester elements together for strength and/or stretchability ([0023]), especially for later processing, especially as modified Ogata is of two polyester elements.
Ogata also does not explicitly teach wherein the first drawing ratio of the polyester yarn is different from the second drawing ratio of the thermoplastic polyester elastomer yarn,
and the second drawing ratio is between 3 to 5.
However, modified Ogata teaches drawing ratios exist for the polyester yarn and of the thermoplastic polyester elastomer yarn (see Ogata for drawing ratio of the polyester yarn-- Example 1: [0064] "polyester yarn was subjected to simultaneous drawing and false-twist crimping under the following conditions: draw ratio: 1.6...thereby giving a false-twist crimped yarn A"; wherein [0065] teaches similarly for crimped yarn B).
Tharpe teaches wherein the first drawing ratio of the yarn is different from the second drawing ratio of the elastic yarn, and wherein the first drawing ratio is between 1 to 2 and the second drawing ratio is between 3 to 5 (see Fig. 4; Col. 3 Lines 34-40 “composite elastic yarn be made by providing a filamentary core comprised of at least one elastic performance filament and at least one inelastic control filament, wherein the at least one elastic performance filament has a draft ratio which is at least two times…the draft ratio of the at least one inelastic control filament”; Col. 6 Lines 21-24 “draft ratio controllers 30…set so as to feed the inelastic control filament 14…at a draft of about 1.0 (+/- about 0.1…)…the draft ratio control 28…is set so as to supply the elastic performance filament 12…at a draft ratio of at least about 2.0, and preferably at least about 3.0. Thus, when joined with the inelastic control filament 14, the elastic performance filament 12 will be at a draft ratio which is at least two times, preferably at least three times, the draft ratio of the inelastic control filament 14”; Col. 6 Lines 45-47 “draft ratio differential bas between the elastic performance filament 12…and the inelastic control filament…serve to achieve an elastic composite yarn 10”).
Especially absent a showing of criticality of the draft ratios claimed (see applicant specification [0038]), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ogata’s ratio of drawn elastic (TPEE, as provided by Otaigbes), to be at least three times the draft ratio of the inelastic (Ogata 1.6), as taught by Tharpe, and therefore be between 3 to 5 as further taught by Tharpe, depending on the desired recovery characteristics (Col. 6 Lines 32-36, 54), especially being in the same art of endeavor as a composite yarn with yarns of differing elasticities.
Regarding Claim 11, modified Ogata teaches all the claimed limitations as discussed above in Claim 10.
Ogata further teaches wherein the polyester yarn is formed by a false twisting process using a polyester fiber as a raw material ([0009] "crimped yarn contains false-twist crimped yarn A…and a false-twist crimped yarn B").
Modified Ogata already teaches wherein the thermoplastic polyester elastomer yarn is formed by a thermoplastic polyester elastomer (TPEE) as a raw material (see rejection of Claim 10 with Otaigbes for TPEE material and with Abe for TPEE yarn).
Modified Ogata further teaches combining the polyester yarn and the thermoplastic polyester elastomer yarn in a fiber blending process to obtain the polyester elastic conjugated yarn (Ogata [0008] "the composite yarn contains a crimped yarn and stretch fiber"; [0009] "the composite yarn is an entangled yarn that has been subjected to interlacing processing"; [0037] Methods for producing the composite yarn are not particularly limited. For example, it is possible that the false-twist crimped yarn A having torque in the S-direction, the false-twist crimped yarn B having torque in the Z-direction, and a stretch fiber are aligned, and then air-mingled by air texturing (interlacing processing or Taslan® processing)", wherein applicant specification, such as Fig. 1 and [0040], also uses air to blend, and therefore Ogata’s interlacing is fiber blending as claimed; wherein the TPEE material is was provided by Otaigbes and the TPEE yarn was provided by Abe).
Ogata also at least suggests forming a thermoplastic polyester elastomer yarn by using a thermoplastic polyester elastomer (TPEE) as a raw material through an unwinding process ([0066] "in the method described in JP-A-2009-46800, Example 24…a conjugate fiber", wherein [0066] is the stretch fiber (because [0063-0065] are yarns A and B yarns of the crimped yarn; furthermore, [0026] “as the stretch fiber, a fiber made of…a conjugate fiber…an elastic fiber (…polyether ester-based fiber…)” does indicate conjugate stretch fiber as another option for the TPEE stretch fiber); wherein JP-A-2009-46800 corresponds to Abe, and Abe at least suggests unwinding).
More specifically, Abe teaches winding conjugate yarn (and therefore the polyether ester-based fiber) (see Figs. 5, 6; [0034] "method for producing the PTT composite fiber…spinning facility is shown in Fig. 5, and a drawing machine is shown in Fig."; [0034] "molten PTT and other polyesters are sent through bends 5 and 6…bonded side-by-side, and then extruded into a spinning chamber as a multifilament 10"; [0035] "multifilament 10...is then wound up as an undrawn yarn package 15").
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that Abe’s wound package being further processed, such as in the methods of Ogata, would require an unwinding process.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ogata’s stretch yarn/TPEE yarn to be from the winding taught by Abe, and therefore require an unwind process in further processing to eventually have Ogata’s blending the stretch yarn with the crimped yarn/polyester yarn, as Abe, taught by Ogata to be corresponding to Ogata, teaches winding the stretch yarn/TPEE when the raw is first produced, as a known effective method of handling yarn.
Regarding Claim 12, modified Ogata teaches all the claimed limitations as discussed above in Claim 10.
The body of Claim 12 is the same as the body of Claim 2. As such, see the aforementioned rejection of the body of Claim 2 for the rejection of the body of Claim 12.
Regarding Claim 13, modified Ogata teaches all the claimed limitations as discussed above in Claim 10.
The body of Claim 13 is the same as the body of Claim 3. As such, see the aforementioned rejection of the body of Claim 3 for the rejection of the body of Claim 13.
Regarding Claim 14, modified Ogata teaches all the claimed limitations as discussed above in Claim 10.
The body of Claim 14 is the same as the body of Claim 4. As such, see the aforementioned rejection of the body of Claim 4 for the rejection of the body of Claim 14.
Regarding Claim 15, modified Ogata teaches all the claimed limitations as discussed above in Claim 10.
The body of Claim 15 is the same as the body of Claim 5. As such, see the aforementioned rejection of the body of Claim 5 for the rejection of the body of Claim 15.
Regarding Claim 20, Modified Ogata teaches the polyester elastic conjugated yarn according to claim 10 (see rejection of claim 10).
Abe further teaches and other fibers ([0050] "PTT composite fiber of the present invention may be used alone or in combination with other fibers…examples of other fibers…include…cotton").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ogata’s polyester elastic conjugated yarn, as provided by Otaigbes, Abe, and Tharpe, with the other fibers as taught by Abe, to utilize material properties of those fibers, such as from the natural fibers ([0050]), which Ogata desires as well in desiring a natural texture ([0007]).
Claim(s) 6-8, 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ogata et al (US Publication 2021/0381141), herein Ogata, in view of Otaigbes (NPL), Abe et al (JP 2009/046800), herein Abe, and Tharpe Jr et al (USPN 8215092), herein Tharpe, further in view of Han et al (KR 2022/0117932), herein Han.
Regarding Claim 6, modified Ogata teaches all the claimed limitations as discussed above in Claim 5.
Modified Ogata does not explicitly teach wherein the thermoplastic polyester elastomer is prepared by a mechanical recycling process or a chemical recycling process.
However, modified Ogata’s thermoplastic polyester elastomer, as provided by Otaigbes, includes PBT.
Han teaches wherein the thermoplastic polyester elastomer is prepared by a mechanical recycling process or a chemical recycling process, especially PBT ([0011] "As a means of solving the problem according to the present invention, the manufacturing method of monofilament yarn using recycled thermoplastic polyester elastomer (TPEE) is a method of crushing and washing the collected TPEE process defective products, then drying and selecting only the selected TPEE process defective products. Step 1, after crushing and washing the collected polybutylene terephthalate (PBT) defective products, and drying and selecting only the selected polybutylene terephthalate defective products, the second step, The third step of mixing the polybutylene terephthalate (PBT) defective products in a certain ratio, extruding them while melting and filtering, and forming them into recycled TPEE chips, and the fourth step of producing TPEE monofilament yarns by melt spinning the recycled TPEE chips with a spinning device", wherein crushing is mechanical).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ogata’s PBT in its TPEE, as provided by Otaigbes, to be from mechanical recycling as taught by Han as a known origin of PBT, depending on material availability and environmental conscientiousness.
Regarding Claim 7, modified Ogata teaches all the claimed limitations as discussed above in Claim 1.
Ogata does not explicitly teach wherein the thermoplastic polyester elastomer yarn is monofilament or multifilament.
However, modified Ogata’s thermoplastic polyester elastomer, as provided by Otaigbes, includes PBT.
Han teaches herein the thermoplastic polyester elastomer yarn is monofilament or multifilament, especially PBT ([0011] "As a means of solving the problem according to the present invention, the manufacturing method of monofilament yarn using recycled thermoplastic polyester elastomer (TPEE) is a method of crushing and washing the collected TPEE process defective products, then drying and selecting only the selected TPEE process defective products. Step 1, after crushing and washing the collected polybutylene terephthalate (PBT) defective products, and drying and selecting only the selected polybutylene terephthalate defective products, the second step, The third step of mixing the polybutylene terephthalate (PBT) defective products in a certain ratio, extruding them while melting and filtering, and forming them into recycled TPEE chips, and the fourth step of producing TPEE monofilament yarns by melt spinning the recycled TPEE chips with a spinning device").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ogata’s TPEE to be monofilament as taught by Han based on desired strength (see extrinsic evidence Vendely et al USPN 10166023).
Regarding Claim 8, modified Ogata teaches all the claimed limitations as discussed above in Claim 7.
Modified Ogata further teaches wherein the denier per filament (dpf) of the thermoplastic polyester elastomer yarn is below or equal to 100 Denier (De) (Ogata [0035] "in the…the stretch fiber, the single fiber fineness is preferably…0.1 to 1.0 dtex", wherein 100 Denier is 111 dtex, see extrinsic evidence Service Thread NPL).
Regarding Claim 16, modified Ogata teaches all the claimed limitations as discussed above in Claim 15.
The body of Claim 16 is the same as the body of Claim 6. As such, see the aforementioned rejection of the body of Claim 6 for the rejection of the body of Claim 16.
Regarding Claim 17, modified Ogata teaches all the claimed limitations as discussed above in Claim 10.
The body of Claim 17 is the same as the body of Claim 7. As such, see the aforementioned rejection of the body of Claim 7 for the rejection of the body of Claim 17.
Regarding Claim 18, modified Ogata teaches all the claimed limitations as discussed above in Claim 17.
The body of Claim 18 is the same as the body of Claim 8. As such, see the aforementioned rejection of the body of Claim 8 for the rejection of the body of Claim 18.
Response to Arguments
Applicant’s arguments with respect to claims 1-8, 10-18, 20 have been considered but are moot because of the new grounds of rejection necessitated by amendment. Therefore, see aforementioned rejections for the argued missing limitations. Nevertheless for clarification—
Pertaining to remarks on page 10 that the tables show the range of an elastic recovery rate of above 92.7% and the elongation at break of above 22%-- examiner respectfully disagrees. The tables do not show ranges, but specific elastic recovery rates and specific elongation at break values at specific draw ratios and other parameters (ex. processing temperature, scale, cross-section, processing speed).
Despite remarks on page 10 that the invention has specific advantages, thus far the claimed limitations have not differentiated from the prior art such that these advantages would not be met. Even if amendments included elastic recovery rate and elongation at break, these values would be obvious to measure inasmuch as the structure has been claimed. As a suggestion to move prosecution forward for further consideration, a plurality of specific parameters of the tables should be claimed. In other words, no amendments have yet been made that reflect the disclosure of the Tables indicating a specific first draw ratio of 1.55 or 1.65 in the context of other parameters (such as processing temperature, scale, cross-section, and processing speed) that result in the alleged advantages.
Conclusion
The prior art made of record and not relied upon but is considered pertinent to applicant's disclosure and can be used to formulate a rejection if necessary: Matsuura et al (US Publication 2026/0092403) directed to a polyester elastic conjugated yarn and its drawing ratio.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
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/GRACE HUANG/Primary Examiner, Art Unit 3732
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