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 .
Abstract
Applicant is reminded of the proper language and format of an Abstract of
the Disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 250 words.
Claim Rejections - 35 USC § 103
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.
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 nonobviousness.
Claim(s) 19-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over USPub20190283278 in view of USPub20040053047 further in view of USPub 20100119823.
Applicants claim 19 is directed to:
A method comprising:
-providing a first extrusion line; using the first extrusion line to produce solution dyed carpet yarn, wherein at least a portion of the solution dyed carpet yarn comprises waste solution dyed carpet yarn;
-collecting the waste solution dyed carpet yarn;
-pelletizing the waste solution dyed carpet yarn into recovered waste carpet pellets;
-providing a first plurality of recycled PET flakes, the first plurality of recycled PET flakes comprising substantially green recycled PET flakes;
-providing a second plurality of recycled PET flakes, the second plurality of recycled PET flakes comprising substantially clear recycled PET flakes;
providing a second extrusion line comprising: an extruder; a dosing system configured to meter an amount of the recovered waste carpet pellets, the first plurality of recycled PET flakes, and the second plurality of recycled PET flakes into the extruder; and a color sensor configured to determine a color of the carpet yarn; using the dosing system to meter a mixture comprising a first amount of the recovered waste carpet pellets, a second amount of the first plurality of recycled PET flakes, and a third amount of the second plurality of recycled PET flakes into the extruder such that the second amount of the first plurality of flakes at least partially offset a color of the first amount of the recovered waste carpet pellets in the mixture; at least partially purifying the polymer in the extruder, the polymer comprising the mixture;
-forming the polymer into a new polymer product;
-determining the color of the new polymer product using the color sensor; and based on the color of the new polymer product, causing the dosing system to modify at least one of: the first amount of the recovered waste carpet pellets metered into the extruder; and the second amount of the first plurality of recycled PET flakes metered into the extruder.
USPub20190283278 discloses processing a recycled PET using colored and clear recycled PET, including green recycled PET; feeding the material to an extruder; and purifying the polymer and forming the polymer into carpet filament to determine the color of the polymer using a color sensor. Note in Figure 4.-430 the viscosity Sensor computer-controlled feedback is used to adjust the material’s color. The reference also teaches selecting the amount of colored recycled PET based on the desired carpet color. See Paragraphs [0044],[0175],[018]-[0192].
USPub20190283278 does not disclose making dyed carpet yarn, collecting the waste, and pelletizing it and then using the recovered waste carpet pellets in the mixture.
However note that USPub20040053047 discloses the recycling of dyed filaments and yarn, including the waste from polymers by grinding them and chipping the waste into fakes, chips or pellets. The reference also discloses mixing the recycled polymer with other polymers and extruding the mixture to make a new filament or yarn. See Figure 4 and paragraphs [0024], [0034.[0048],[0049,[0064].
In view of the above, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use recovered pellets made from waste dyes carpet yarn in the recycled PET process of USPub20190283278 since USPub20040053047 discloses recycling dyed polymer waste into pellets and mixing and extruding those pellets to make new filament would have been obvious to the skilled artisan.
With regard to claim 20, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use recovered waste
carpet pellets comprising up to ten percent of the mixture by weight since the amount of recycled pellets could be selected based on the amount of recycled material desired in the mixture.
With regard to claim 21, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use up to up to fourteen percent of the mixture by weight since USPub20190283278 discloses using green recycled PET and teaches colored PET amounts with the claimed range, including about 1-10%. See paragraphs[0186]-[0188].
With regard to claim 22, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to keep the amount of the first amount of recovered waste carpet pellets in the mixture such that the first amount of recovered waste carpet pellets remains consistent; and based on the color of the carpet yarn, causing the dosing system to adjust the second amount of the first plurality of recycled PET flakes metered into the extruder since USPub 20100119823 discloses monitoring a property of the resulting yarn and using a gravimetric dosing system to adjust the ration of polymer materials being fed to the extruder in real time to maintain the desired property of the resulting yarn.
With regard to claim 23, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use substantially green recycled PET flakes; and the second plurality of recycled PET flakes consisting essentially of substantially clear recycled PET flakes since USPub20190283278 discloses using green recycled PET with clear recycled PET. See paragraphs [0186]-[0188].
With regard to claim 24, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the same type of extrusion for both processes since the same type of extrusion equipment can process the polymer and avoid the need for a separate line.
With regard to claim 25, directed to a method comprising:
obtaining waste dyed carpet yarn;
-pelletizing the waste dyed carpet yarn into recovered waste pellets;
-providing a plurality of green recycled PET flakes;
-providing a plurality of clear recycled PET flakes;
-providing a first second extrusion line comprising:
an extruder; a dosing system configured to meter a mixture comprising the
recovered waste pellets, the plurality of green recycled PET flakes, and the
plurality of clear recycled PET flakes into the extruder; and
a color sensor;
-using the dosing system to meter the mixture into the extruder such that the plurality of
green recycled PET flakes at least partially offset the color of the recovered waste pellets in the mixture; at least partially purifying the polymer in the extruder, the polymer comprising the mixture;
-forming the polymer into a new polymer product;
-determining the color of the new polymer product using the color sensor; and
based on the color of the new polymer product, causing the dosing system to modify at
least one of: a first amount of the recovered waste carpet pellets in the mixture; and
a second amount of the plurality of green recycled PET flakes in the mixture.
USPub20190283278 discloses processing recycled PET comprising colored recycled PET, including green recycled PET and clear recycled PET wherein the amount of colored recycled PET is selected based on the desired color of the resulting products. See paragraphs [0186]-[0192]. The reference further discloses measuring the color of the resulting polymer with a color sensor and using computer controlled feedback loop to adjust a color affecting material when the measured color differs from the desired color. See paragraphs [0144], [0175].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to adjust the relative amounts of the recycled PET feed materials, including the green recycled PET based on the measured color because the reference discloses that the proportion of colored recycled PET affects the final color and demonstrates that using the measured color as feedback to adjust the material is known.
With regard to claim 26, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use up to 10 percent
recovered waste carpet pellets by weight since the amount recycled pellets could be selected based on the amount of recycled material desired in the mixture.
With regard to claim 27, the claim depends on claim 25 which requires the mixture comprises recovered waste carpet pellets while the claim 27 recites 0% recovered waste carpet pellets. It is unclear how the mixture can both include recovered waste carpet pellets and contain 0% recovered waste carpet pellets.
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use between 0% and 2wt% of recovered waste carpet pellets because the amount of recovered material added to the mixture can be adjusted to provide the desired amount.
With regard to claim 28, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to up to 14 percent green recycled PET flakes by weight since USPub20190283278 discloses green recycled PET and colored recycled PET amounts that fall within the claimed range. See paragraphs [0186]-[0188].
Note with regard to claims 29, 30, 31, 32, 33, note that the prior art of record does not teach or suggest determining the color of the new polymer product using an a-value in the L*a*b* color space and using the claimed a value ranges to maintain or modify the amounts of recovered waste carpet pellets and green recycled PET flakes.
Moreover, regarding claim 34, the prior art does not teach or suggest recovering the waste dyed carpet yarn based on the color of the waste dyed carpet yarn.
In conclusion, in view of the above, there appears to be no significant difference between the reference(s) and that which is claimed by applicant(s). Any differences not specifically mentioned appear to be conventional. Consequently, the claimed invention cannot be deemed as unobvious and accordingly is unpatentable.
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.
Claim 27-33 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.
With regard to claim 27, the claim depends on claim 25 which requires the mixture comprises recovered waste carpet pellets while the claim 27 recites 0% recovered waste carpet pellets. It is unclear how the mixture can both include recovered waste carpet pellets and contain 0% recovered waste carpet pellets.
Claim Objections
Claims 29, 30, 31, 32, 33, 34 are objected to as being dependent upon a rejected base claim 25, but may be allowable if:
1) after a further search,
2) rewritten in independent form including all of the limitations of the base claim
and any intervening claims.
3) having corrected all 112 issues as set forth above.
Information Disclosure Statement
Note that any future and/or present information disclosure statements must comply with 37 CFR § 1.98(b), which requires a list of the publications to include: the author (if any), title, relevant pages of the publication, date and place of publication to be submitted for consideration by the Office.
Improper Claim Dependency
Prior to allowance, any dependent claims should be rechecked for proper dependency if independent claims are cancelled.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRESSA M BOYKIN whose telephone number is (571)272-1069. The examiner can normally be reached at M-F 7-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Heidi Kelley can be reached at 571 270-1831. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Terressa Boykin/Primary Examiner, Art Unit 1765
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