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 .
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 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, 3-4, 8-13, 15, 17, 25-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dong et al, U.S. Patent Application Publication No. 2014/0162519 in view of Kann, U.S. Patent Application Publication No. 2014/0051787 and WO 2019/122191.
Dong discloses degradable polymeric fibers including a thermally degradable polymeric core and a sheath. The core can include a polyhydroxyalkanoate. See paragraph 0010. The polyhydroxyalkanoate can have a degradation temperature of 100- 250 degrees Celsius which meets the claimed value of 220 degrees Celsius or higher. See paragraph 0049. Dong teaches that polylactic acid depolymerizes at temperatures about 280 degrees Celsius. See paragraph 0053. Suitable examples for the polyhydroxyalkanoate can be poly(3 hydroxybutyrate), poly(4-hydroxybutyrate), poly (3 hydroxy-valerate), polycaprolactone, polylactic acid, polyglycolic acid and copolymers of these. See paragraph 0051. The fibers can further comprise additional component including fillers, stabilizers, colorants, dyes, antioxidants, flame retardants, plasticizers, fragrances and adhesion promoters. See paragraph 0049.
Dong differs from the claimed invention because it does not clearly teach employing a degradable sheath on the fiber and does not teach employing blends or the particularly claimed properties of the fibers.
With regard to the use of a degradable sheath, it would have been obvious to have employed a degradable sheath on the degradable fibers of Dong if a completely degradable material was desired.
Dong differs from the claimed invention because it does not disclose the claimed MFR.
However, WO ‘191 teaches suitable MFR for polyhydroxyalkanoate resins to be used as fibers can be from 0.1g/10min to 30g/10min, measured at 190 C and under a load of 2.16 kg. See page 18, lines 5-9.
Therefore, it would have been obvious to have employed polyhydroxyalkanoate resins having a MFR as taught by WO ‘191 in view of their art recognized suitability for this intended purpose.
With regard to blends, Kann discloses forming compositions which comprise blends of one or more polyhydroxyalkanoates in order to provide particular properties to the composition. See paragraph 0015-0021. Kann teaches that selecting the particular composition can provide improved properties such as toughness, tear and impact properties, increased melt strength, tensile toughness and elongation, as well as hardness, softness, flexibility, tackiness, toughness, ductility, processability and opaqueness and melt properties. See paragraphs 0034 -0036, 0038. The compositions can be used to make fibers. See paragraph 0036. Kann teaches forming blends from the claimed first and second PHAs. See paragraphs 0064 – 0106.
Therefore, it would have been obvious to one of ordinary skill in the art to have employed blends as taught by Kann to form the degradable fibers of Dong and to have selected the particular proportions which produced fibers having the desired MFI, strength, Tg, Tm in the final fiber. It further would have been obvious to have formed the fibers to have the desired length and diameter depending on the particular size fiber needed for particular applications.
Applicant’s amendment is sufficient to overcome the previous rejections. A new rejection is set forth above.
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 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 ELIZABETH M IMANI whose telephone number is (571)272-1475. The examiner can normally be reached Monday-Wednesday 7AM-7:30; Thursday 10AM -2 PM.
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/ELIZABETH M IMANI/Primary Examiner, Art Unit 1789
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