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 .
Election/Restrictions
Applicant's election with traverse of claims 1-11 and 19-20 in the reply filed on 09/25/2025 is acknowledged. The traversal is on the ground(s) that “examination of the claims would not be a serious burden… because the searches involved for the claims would be coextensive”. This is not found persuasive because as it has been clarified in the previous office action, groups I-VIII are directed to different statutory groups of the invention that do not overlap in their scope of the invention and their prior art search won’t be coextensive. Therefore, groups I-VIII are maintained distinct and restricted.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112
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.
Claims 1-11 and 19-20 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.
Claim 1 recites “if said solvent comprises N, N-dimethylacetamide” and “if present in said cellulose ester dope, is not more than 60% by weight” which render the claim vague and indefinite because said limitations are contingent and it is not clear if said limitations are not met, those limitations that are following and dependent of the contiguous limitations are still limiting the claimed subject matter or not.
Claims 1 and 9 recite the limitation of “the total weight of the cellulose ester dope” in 8th and 10th lines. There is insufficient antecedent basis for this limitation in the claim because prior to the cited limitations, claim fails to define “a total weight of the cellulose ester dope”.
Claims 1-3 recites the limitation of “the total solids in said cellulose ester dope” in 15th line. There is insufficient antecedent basis for this limitation in the claim because prior to the cited limitation, claims fail to define “a total solids in said cellulose ester dope”.
Claim 10 recites the limitation of “the foregoing temperature” in 10th line. There is insufficient antecedent basis for this limitation in the claim because prior to the cited limitation, claims fail to define “foregoing temperature”.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claims 1-11 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (CN 103 014 893).
Examiner’s Note: citations in the following rejection corresponds to the attached English translation of the cited prior art.
Liu et al. (CN 103 014 893) disclose a preparation method of cross-linked cellulose acetate fiber is solvent with high boiling point, wherein the method comprises the following steps: (1) the cellulose acetate spinning raw liquid of preparation according to weight, the degree of substitution is 2 to 2.7, the polymerization degree is 200 to 600 of cellulose acetate sheet, 44.5 to 21 parts of polybasic carboxylic acid 5 to 2 parts of additive to 2 parts and 55 to 75 parts of high boiling amide, adding dissolving kettle with stirrer, thermometer and reflux condenser, temperature is 70 to 100 degrees centigrade, stirring and dissolving is 6 to 12h. forming a uniform and stable spinning raw liquid, (2) dry spinning the spinning raw liquid of the spinning raw liquid in step (I) into the spinning cylinder, adopting heating deaeration and vacuum deaeration or vacuum heating deaeration constant temperature to 70 to 130 degrees centigrade, then through metering pump. after filtering, spraying from spinneret hole diameter is O. 08 to 0. 3 mm, temperature of spinneret plate is 70 to 130 degrees centigrade, spinning flow enters the length 4 to 8 of the hot channel, wherein upper temperature is 130 to 170 degrees centigrade, corridor middle temperature is 170 to 190 degrees centigrade, corridor part temperature is 190 to 230 degrees centigrade, removing high-boiling-point solvent and cross-linking reaction in the corridor, after obtaining the crosslinked cellulose acetate fiber filament oiling and beaming and coiling process, or after oiling, curling, cutting, packing to obtain crosslinked acetic acid cellulose short fiber, the winding speed is 200 to 400 m/min, spinning stretching magnification is 4 to 10 times, the high boiling point solvent recovery rate is more than 98%. (see claim 1)
Liu et al. (CN ‘893) disclose the high-boiling point solvent preparation method of cross-linked cellulose acetate fiber, wherein the high boiling point is N, N-dimethyl formamide, N, N-dimethyl acetamide and N-methyl pyrrolidone in the at least one. (see claim 2)
As to claim 1, Liu et al. (CN ‘893) disclose a process for producing a cellulose ester fiber, said process comprising dry spinning a cellulose ester dope through a spinneret to make one or more of said fibers (¶ [0005], ¶ [0015], and claim 1), wherein said cellulose ester dope comprises dissolved and/or dispersed solids and solvent, at least 35 wt. % of said solids (¶ [0035]) comprises cellulose ester, and said solvent comprises N,N-dimethylformamide, N,N-dimethylacetamide, or dimethyl sulfoxide, or mixtures thereof, provided that if said solvent comprises N,N-dimethylacetamide (¶ [0017]):
(i) said cellulose ester dope comprises of 21 ~ 44.5 parts by weight of acetone (see abstract: cellulose acetate sheet 21 ~ 44.5 parts by weight), based on the total weight of the cellulose ester dope; or
(ii) said cellulose ester dope comprises 0 to 2 parts by weight of cellulose nanocrystals based on the total weight of the cellulose ester dope (see abstract: polybasic carboxylic acid 0.5 to 2 parts of additive, 0 to 2 parts by weight); or
(iii) both (i) and (ii), wherein the combined weight of a polyurethane, polyolefin, nylon, polyester, and/or polyurethaneurea, if present in said cellulose ester dope, is 55 ~ 75 parts by weight, based on the total solids in said cellulose ester dope (see abstract: 55 ~ 75 parts by weight of high boiling amide are added into a mixer).
Liu et al. (CN ‘893) fail to disclose (i) the cellulose ester dope comprises no more than 50% by weight of acetone, or (ii) the cellulose ester dope comprises 0% by weight cellulose nanocrystals, or (iii) the cellulose ester dope is not more than 60% by weight, as claimed in claim 1.
However, it would have been obvious for one of ordinary skill in the art, prior to the time of Applicant’s invention, to modify the weight parts for the chemical components, disclosed by Liu et al. (CN ‘893), so to adjust the cellulose ester dope to be comprised of (i) no more than 50% by weight of acetone, (ii) 0% by weight cellulose nanocrystals, or (iii) not more than 60% by weight in order to reduce the amount of acetone present in the dry spinning solvent and to reduce recycling rate. See ¶ [0009].
As to claim 2, Liu et al. (CN ‘893) fail to disclose cellulose ester dope comprises not more than 10% by weight polyurethanes or polyurethaneureas, based on the total solids in the cellulose ester dope. However, it would have been obvious for one of ordinary skill in the art, prior to the time of Applicant’s invention, to modify the weight parts for the chemical components, disclosed by Liu et al. (CN ‘893), so to adjust the ester dope to be comprised of not more than 10% by weight acrylonitrile-vinyl acetate copolymer in order to prepare uniform and stable spinning raw liquid, generating forming ester crosslinking reaction in the corridor through dry spinning, polybasic carboxylic acid and cellulose acetate to obtain the good mechanical property crosslinked cellulose acetate fiber. See ¶ [0009].
As to claim 3, Liu et al. (CN ‘893) fail to disclose the ester dope comprises not more than 50% by weight acrylonitrile-vinyl acetate copolymer, based on the total solids in the cellulose ester dope. However, it would have been obvious for one of ordinary skill in the art, prior to the time of Applicant’s invention, to modify the weight parts for the chemical components, disclosed by Liu et al. (CN ‘893), so to adjust the ester dope to be comprised of not more than 50% by weight acrylonitrile-vinyl acetate copolymer in order to prepare uniform and stable spinning raw liquid, generating forming ester crosslinking reaction in the corridor through dry spinning, polybasic carboxylic acid and cellulose acetate to obtain the good mechanical property crosslinked cellulose acetate fiber. See ¶ [0009].
As to claim 4, Liu et al. (CN ‘893) fail to disclose the cellulose ester fiber comprises at least 50% by weight cellulose ester obtained from said cellulose ester dope. However, it would have been obvious for one of ordinary skill in the art, prior to the time of Applicant’s invention, to modify the weight parts for the chemical components, disclosed by Liu et al. (CN ‘893), so to adjust the cellulose ester fiber comprises at least 50% by weight cellulose ester obtained from the cellulose ester dope in order to prepare uniform and stable spinning raw liquid, generating forming ester crosslinking reaction in the corridor through dry spinning, polybasic carboxylic acid and cellulose acetate to obtain the good mechanical property crosslinked cellulose acetate fiber. See ¶ [0009].
As to claim 5, Liu et al. (CN ‘893) disclose the cellulose ester has a DS.sub.acetyl of at least 1.5 and/or not more than 2.95. See ¶ [0003].
As to claim 6, Liu et al. (CN ‘893) disclose the cellulose ester has a glass transition temperature of at least 120° C. and/or not more than 250° C. See ¶ [0033] and [0035].
As to claim 7, Liu et al. (CN ‘893) teach the dry spinning comprises: spinning the cellulose ester dope so as to produce spun fibers containing the solvent; and evaporating the solvent from the spun fibers. See claim 1.
As to claim 8, Liu et al. (CN ‘893) disclose the cellulose ester dope comprises a polyfunctional acid. (¶ [0009]: polycarboxylic acid)
As to claim 9, Liu et al. (CN ‘893) fail to disclose the cellulose ester dope has a moisture content of not more than 4% by weight, based on the total weight of the cellulose ester dope. However, it would have been obvious for one of ordinary skill in the art, prior to the time of Applicant’s invention, to modify a moisture content of the cellulose ester dope, to be not more than 4% by weight in order to prepare uniform and stable spinning raw liquid, generating forming ester crosslinking reaction in the corridor through dry spinning, polybasic carboxylic acid and cellulose acetate to obtain the good mechanical property crosslinked cellulose acetate fiber. See ¶ [0009].
As to claim 10, Liu et al. (CN ‘893) fail to disclose preparing said cellulose ester dope by slurrying the cellulose ester and said solvent and subsequently cooling said dope to a temperature of at least −100° C. and/or not more than 5° C. and storing at one of the foregoing temperatures for at least 1 hour. However, it would have been obvious for one of ordinary skill in the art, prior to the time of Applicant’s invention, to modify the process, as taught by Liu et al. (CN ‘893), to prepare the cellulose ester dope by slurrying the cellulose ester and said solvent and subsequently cooling said dope to a temperature of at least −100° C. and/or not more than 5° C. and storing at one of the foregoing temperatures for at least 1 hour in order to prepare uniform and stable spinning raw liquid, generating forming ester crosslinking reaction in the corridor through dry spinning, polybasic carboxylic acid and cellulose acetate to obtain the good mechanical property crosslinked cellulose acetate fiber. See ¶ [0009].
As to claim 11, Liu et al. (CN ‘893) fail to disclose cellulose ester dope has a b* value is of not more than 0.75. However, it would have been obvious for one of ordinary skill in the art, prior to the time of Applicant’s invention, to modify the process, as disclosed by Liu et al. (CN ‘893), to adjust the cellulose ester dope to have a b* value is of not more than 0.75 in order to prepare uniform and stable spinning raw liquid, generating forming ester crosslinking reaction in the corridor through dry spinning, polybasic carboxylic acid and cellulose acetate to obtain the good mechanical property crosslinked cellulose acetate fiber. See ¶ [0009].
As to claim 19, Liu et al. (CN ‘893) fail to teach evaporating the solvent from the spun fibers takes place in a spinning cabinet. However, it would have been obvious for one of ordinary skill in the art, prior to the time of Applicant’s invention, to modify the process, disclosed by Liu et al. (CN ‘893), through evaporating the solvent from the spun fibers takes place in a spinning cabinet in order to prepare uniform and stable spinning raw liquid, generating forming ester crosslinking reaction in the corridor through dry spinning, polybasic carboxylic acid and cellulose acetate to obtain the good mechanical property crosslinked cellulose acetate fiber. See ¶ [0009].
As to claim 20, Liu et al. (CN ‘893) fail to teach the spun fibers in said spinning cabinet are drawn to a draw ratio of no more than 2×. However, it would have been obvious for one of ordinary skill in the art, prior to the time of Applicant’s invention, to modify the process, as disclosed by Liu et al. (CN ‘893) drawing the spun fibers in the spinning cabinet to a draw ratio of no more than 2× in order to prepare uniform and stable spinning raw liquid, generating forming ester crosslinking reaction in the corridor through dry spinning, polybasic carboxylic acid and cellulose acetate to obtain the good mechanical property crosslinked cellulose acetate fiber. See ¶ [0009].
Correspondence Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEYED MASOUD MALEKZADEH whose telephone number is (571)272-6215. The examiner can normally be reached M-F 8:30AM-5:00PM.
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/SEYED MASOUD MALEKZADEH/Primary Examiner
Art Unit 1754 11/01/2025