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/Restriction
Applicant's election of Group l: Claims 1-11 in the reply filed on 1/21/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 12-13 are hereby withdrawn.
IDS
The IDS entered 03/28/2024 has been considered by the examiner.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Teo of record (WO2007013858A1) in view of Kim of record (KR102266183B1).
Regarding claim 1, Teo teaches a cyclone-producing apparatus for use in the production of polymer fibers (fig.1), the cyclone-producing apparatus comprising:
a cylindrical housing having an open distal end (fig.1, 3), and
an inlet connected to the proximal end of the cylindrical housing (fig.1, 18), the interior of said inlet being fluidly connected to the interior of the cylindrical housing (pg.15, ll8-37), wherein the inlet is oriented tangentially to the body of the cylindrical housing (fig.1, 18).
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Fig. 1 of Teo
While Teo is silent to the housing having a closed proximal end, it has been held that a mere change in shape without affecting the functioning of the part would have been within the level of ordinary skill in the art, In re Dailey et al., 149 USPQ 47; Eskimo Pie Corp. v, Levous et aI., 3 USPQ 23.
Kim, in the same field of endeavor, fiber production, discloses what appears to be a closed proximal end (fig.1, 11).
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Fig. 1 of Kim
Teo discloses the claimed invention except for a closed proximal end on the housing. It would have been obvious to one of ordinary skill in the art at the time the invention was made to have a closed proximal end on a housing, since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in art when the change in shape is not significant to the function of the combination. Further, one would have been motivated to select the shape of a closed proximal end on a housing for the purpose of protecting the spinneret while in service.
Regarding claim 2, Teo teaches a spinneret housing adapted to accept a spinneret or spinneret assembly, wherein the spinneret housing is secured, typically removably, to the open distal end of the cylindrical housing and comprises one or more openings that are coaxial with and fluidly connected to the interior of the cylindrical housing (spinneret 1, fig.1).
Regarding claim 3, Teo teaches the cylindrical housing further comprises an opening fluidly connected to the interior of the cylindrical housing, wherein the opening has a profile, which is adapted to the shape of a dope supply line (fig.1, 9, pg.15 ¶4).
Regarding claim 4, Teo teaches that the cylindrical housing 3 can be of any shape (pg.15, ¶ 1) but is silent to the cyclone-producing apparatus further comprising a barrier plate extending radially outward from the open distal end of the cylindrical housing, extending to the top, bottom, and sides of a coagulation bath, however this amounts to a mere change in shape. It has been held that a mere change in shape without affecting the functioning of the part would have been within the level of ordinary skill in the art, In re Dailey et al., 149 USPQ 47; Eskimo Pie Corp. v, Levous et aI., 3 USPQ 23.
Teo discloses the claimed invention except for barrier plate extending radially out from the cylindrical housing. It would have been obvious to one of ordinary skill in the art at the time the invention was made to have a barrier plate coming off the housing, since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in art when the change in shape is not significant to the function of the combination. Further, one would have been motivated to select the shape of a plate/flange coming off the housing for the purpose of supporting desired orientations of the housing.
Regarding claim 5, Teo teaches that the cyclone- producing apparatus is connected to a coagulation bath (fig.1, 3 and 13 connected through at least 11) but is silent to the cyclone-producing apparatus further comprises means for removably securing the cyclone- producing apparatus to the walls of a coagulation bath, and holes that are complementarily threaded for screws used to push against the walls of the coagulation bath and/or tabs having such holes.
However, it would be obvious to connect the cyclone- producing apparatus to a coagulation bath via means for removably securing the cyclone- producing apparatus to the walls of a coagulation bath, such as holes that are complementarily threaded for screws used to push against the walls of the coagulation bath and/or tabs having such holes.
"A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense." KSR int'l Co. v. Teleflex Inc., 127 S.Ct. 1727,82 USPQ2d 1385 (2007).
Regarding claim 6, Teo teaches the cyclone-producing apparatus is a combination of two or more parts secured together (fig.1, 18 and 3).
Regarding claim 7, Teo teaches the diameter of the cylindrical housing is 24cm (pg.20, ll15-26) but is silent to the length of the cylindrical housing is 1.3D to 1.5D, wherein D is the diameter of the cylindrical housing. However, variation in the size of the cylindrical housing amounts to a mere change in size.
Mere scaling up or down of a prior art process capable of being scaled up or down would not establish patentability in a claim to an old process so scaled. In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976).
Teo discloses the claimed invention except for the length of the cylindrical housing. It would have been obvious to one of ordinary skill in the art at the time the invention was made to have a cylindrical housing length that is 1.3D to 1.5D, wherein D is the diameter of the cylindrical housing, since such a modification would involve only a mere change in size of a component. Scaling up or down of an element which merely requires a change in size is generally considered as being within the ordinary skill in the art, One would have been motivated to scale the size of the cylindrical housing to be a desired length such as 1.3D to 1.5D, wherein D is the diameter of the cylindrical housing in order to optimize the process based on the desired yarn material.
Claims 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Teo of record (WO2007013858A1) in view of Kim of record (KR102266183B1).
Regarding claim 8, Teo teaches a system for producing polymer fibers, the system comprising:
Teo teaches a cyclone-producing apparatus for use in the production of polymer fibers (fig.1), the cyclone-producing apparatus comprising:
a cylindrical housing having an open distal end (fig.1, 3), and
an inlet connected to the proximal end of the cylindrical housing (fig.1, 18), the interior of said inlet being fluidly connected to the interior of the cylindrical housing (pg.15, ll8-37), wherein the inlet is oriented tangentially to the body of the cylindrical housing (fig.1, 18).
a polymer dope supply line (polymer solution, pg.13 ll25-29),
a spinneret or spinneret assembly (1, fig.1, pg.13 ll18) , and
a coagulation bath comprising coagulation liquid (13, non-solvent, pg.15 ll25-30).
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Fig. 1 of Teo
While Teo is silent to the housing having a closed proximal end, it has been held that a mere change in shape without affecting the functioning of the part would have been within the level of ordinary skill in the art, In re Dailey et al., 149 USPQ 47; Eskimo Pie Corp. v, Levous et aI., 3 USPQ 23.
Kim, in the same field of endeavor, fiber production, discloses what appears to be a closed proximal end (fig.1, 11).
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Fig. 1 of Kim
Teo discloses the claimed invention except for a closed proximal end on the housing. It would have been obvious to one of ordinary skill in the art at the time the invention was made to have a closed proximal end on a housing, since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in art when the change in shape is not significant to the function of the combination. Further, one would have been motivated to select the shape of a closed proximal end on a housing for the purpose of protecting the spinneret while in service.
Regarding claim 9, Teo teaches the spinneret or spinneret assembly is removably secured in a spinneret housing, which is removably secured to the open distal end of the cylindrical housing and comprises one or more openings that are coaxial with and fluidly connected to the interior of the cylindrical housing (fig.1).
Regarding claim 10, Teo teaches the polymer dope supply line passes through an opening fluidly connected to the interior of the cylindrical housing, wherein the opening has a profile, which is adapted to the shape of the dope supply line and the polymer dope supply line is connected to the inlet of the spinneret (1, 1A, line 20, fig.1).
Regarding claim 11, Teo teaches that the cyclone- producing apparatus is connected to a coagulation bath (fig.1, 3 and 13 connected through at least 11) but is silent to the cyclone-producing apparatus further comprises means for removably securing the cyclone- producing apparatus to the walls of a coagulation bath, and holes that are complementarily threaded for screws used to push against the walls of the coagulation bath and/or tabs having such holes.
However, it would be obvious to connect the cyclone- producing apparatus to a coagulation bath via means for removably securing the cyclone- producing apparatus to the walls of a coagulation bath, such as holes that are complementarily threaded for screws used to push against the walls of the coagulation bath and/or tabs having such holes.
"A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense." KSR int'l Co. v. Teleflex Inc., 127 S.Ct. 1727,82 USPQ2d 1385 (2007).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERICA H FUNK whose telephone number is (571)272-3785. The examiner can normally be reached Monday-Friday 8:00-5:00pm ET.
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/ERICA HARTSELL FUNK/Examiner, Art Unit 1741