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 .
Claim Objections
Claim 5 is objected to because of the following informalities: The claim is missing the units “g/den” for the tenacity. Appropriate correction is required.
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.
Claims 1-3, 6 and 8-11 are rejected under 35 U.S.C. 102(a)(1) & (a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Vanzini et al., U.S. Pre Grant Publication 2013/0217831.
Regarding claims 1 and 10, Vanzini discloses a polymer filament comprising a polyolefin composition including 5% to 95% of a propylene homopolymer and 5% to 95% of a butene-1 homopolymer [0006-0008]. Paragraph 0014-0015 discloses that the filament is stretched by drawing wherein the draw ratio is 1.5 to 10. Example 2 in Table 1 discloses an elongation break of 85%. Example 2 in Table 1 discloses 50 wt% of propylene and 50 wt% of butene-1. It is disclosed in the abstract and paragraph 0008 that the flexural modulus of butene-1 homopolymer is 250 MPa [see also 0030]. Vanzini includes a SR/EB ratio, for instance, of 0.85/10, which is 0.085 and less than 45 as claimed. Paragraph 0076 discloses isotacticity as the percent weight of polymer insoluble in xylene at room temperature. Paragraph 0027 discloses that the homopolymers of butene-1 has an isotacticity of 96 to 99% providing for the amount of butene-1 soluble in xylene to range from 1 to 4 weight % which is encompassed in Applicant’s claimed range. Paragraph 0030 discloses the homopolymers of butene-1 has a melt flow rate at 190 ºC, 2.16 kg load of 0.1-20 g/10 min. Paragraph 0044 discloses that the filaments are formed by melt-spinning.
Vanzini, teaches the claimed invention but fails to teach a ratio MI10/MI₂ of from 20 to 40, wherein MI₁₀ is the Melt Flow Index MI at 190°C with a load of 10 kg and MI₂ is the Melt Flow Index MI at 190°C with a load of 2.16 kg, both measured according to ISO 1133- 1:2011. It is reasonable to presume that a ratio MI10/MI₂ of from 20 to 40, wherein MI₁₀ is the Melt Flow Index MI at 190°C with a load of 10 kg and MI₂ is the Melt Flow Index MI at 190°C with a load of 2.16 kg, both measured according to ISO 1133- 1:2011 is inherent to Vanzini, Said presumption is based upon Vanzini’s disclosure of a polymer filament comprising a polyolefin composition including 5% to 95% of a propylene homopolymer and 5% to 95% of a butene-1 homopolymer [0006-0008]. Paragraph 0014-0015 discloses that the filament is stretched by drawing wherein the draw ratio is 1.5 to 10. Example 2 in Table 1 discloses an elongation break of 85%. Example 2 in Table 1 discloses 50 wt% of propylene and 50 wt% of butene-1. It is disclosed in the abstract and paragraph 0008 that the flexural modulus of butene-1 homopolymer is 250 MPa [see also 0030]. Paragraph 0076 discloses isotacticity as the percent weight of polymer insoluble in xylene at room temperature. Paragraph 0027 discloses that the homopolymers of butene-1 has an isotacticity of 96 to 99% providing for the amount of butene-1 soluble in xylene to range from 1 to 4 weight % which is encompassed in Applicant’s claimed range. Paragraph 0030 discloses the homopolymers of butene-1 has a melt flow rate at 190 ºC, 2.16 kg load of 0.1-20 g/10 min. Burden is upon Applicant to prove otherwise. Fitzgerald, In re, 619 F.2d 67, 205 USPQ 594 (CCPA 1980).
Regarding claim 2, paragraph 0013 of Vanzini discloses that titre values for the filaments range from 500 dtex to 100 dtex [450 den to 900 den].
Regarding claim 3, paragraph 0060 of Vanzini discloses a monofilament.
Regarding claim 6, paragraph 0007 of Vanzini discloses propylene homopolymer. Paragraph 0008 discloses butene-1 homopolymer.
Regarding claim 8, paragraph 0033 of Vanzini discloses that the butene-1 homopolymer has a melting point Tm (II) from 81 to 115 ºC.
Regarding claim 9, paragraph 0016 of Vanzini discloses that the propylene homopolymer has a polymer fraction insoluble in xylene at room temperature (about 25 ºC) to be equal or greater than 90% by weight.
Regarding claim 11, Vanzini teaches the claimed invention but fails to teach that the article of manufacture is selected from the group consisting of nets, ropes and brushes. It is reasonable to presume that the article of manufacture is selected from the group consisting of nets, ropes and brushes is inherent to Vanzini. Said presumption is based upon Vanzini’s disclosure of a polymer filament comprising a polyolefin composition including 5% to 95% of a propylene homopolymer and 5% to 95% of a butene-1 homopolymer [0006-0008]. Paragraph 0014-0015 discloses that the filament is stretched by drawing wherein the draw ratio is 1.5 to 10. Example 2 in Table 1 discloses an elongation break of 85%. Example 2 in Table 1 discloses 50 wt% of propylene and 50 wt% of butene-1. It is disclosed in the abstract and paragraph 0008 that the flexural modulus of butene-1 homopolymer is 250 MPa [see also 0030]. Paragraph 0076 discloses isotacticity as the percent weight of polymer insoluble in xylene at room temperature. Paragraph 0027 discloses that the homopolymers of butene-1 has an isotacticity of 96 to 99% providing for the amount of butene-1 soluble in xylene to range from 1 to 4 weight % which is encompassed in Applicant’s claimed range. Paragraph 0030 discloses the homopolymers of butene-1 has a melt flow rate at 190 ºC, 2.16 kg load of 0.1-20 g/10 min. Burden is upon Applicant to prove otherwise. Fitzgerald, In re, 619 F.2d 67, 205 USPQ 594 (CCPA 1980).
Claims 4-5 are rejected under 35 U.S.C. 102(a)(1) & (a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Vanzini et al., U.S. Pre Grant Publication 2013/0217831 in view of Bersted et al., U.S. Patent Number 5,945,215.
Vanzini, above, remains relied upon for claim 1.
Regarding claim 4, Vanzini is silent to the stretching ratio (SR) ranging from 3.4:1 to 4.5:1. Bersted discloses in column 16, lines 31-46 and lines 67-68 a homopolymer propylene can be blended with butene-1 to form fibers. Column 19, line 66 to column 20, line 1 of Bersted discloses a continuous monofilament fiber. It is disclosed in column 10, lines 48-49 that the filaments have a drawing ratio of 3.5:1 with an elongation break ranging from 2-400%. Column 11, lines 40-48 discloses that the fibers have improved resilience. Vanzini and Bersted are analogous art in that both references are directed to a filament including propylene and butene-1 polymer. One of ordinary skill in the art before the effective filing date of the invention would optimize the stretching ratio of the polyolefin filament in Vanzini to 3.5:1 to obtain a filament having improved resilience.
Regarding claim 5, Vanzini is silent to the tenacity of the polyolefin filament Bersted discloses in column 16, lines 31-46 and lines 67-68 a homopolymer propylene can be blended with butene-1 to form fibers. Column 19, line 66 to column 20, line 1 of Bersted discloses a continuous monofilament fiber. Bersted disclose a polyolefin composition including propylene and butene-1 can be used to form filaments having a tenacity of about 1.5 to about 5 g/denier [column 26, line 17]. Bersted discloses that the fibers are prepared by a process comprising the steps of melt spinning crystalline propylene resin composition to form filaments [column 21, lines 9-20]. Column 11, lines 40-48 discloses that the fibers have improved resilience. Bersted discloses that the fibers can be provided with a wide range of physical properties wherein the fibers can be subjected to various additional steps such as carding, drafting, open end spinning, ring spinning, air jet spinning, texturizing Vanzini and Bersted are analogous art in that both references a directed to a filament include propylene and butene-1 polymer wherein the fibers are formed by melt-spinning. One of ordinary skill in the art before the effective filing date of the invention would subject the fibers of Vanzini to additional processing steps to obtain a tenacity of 1.5 to about 5 g/denier for a filament having enhanced resilience.
Claim 7 is rejected under 35 U.S.C. 102(a)(1) & (a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Vanzini et al., U.S. Pre Grant Publication 2013/0217831 in view of De Palo et al., WO 2020/127296
Vanzini, above, remains relied upon for claim 1.
Vanzini is silent to the butene-1 having a molecular weight distribution Mw/Mn equal to or higher than 4. De Palo discloses a polyolefin composition for preparing fibers comprising 60-96 by weight of propylene homopolymer and 5 to 40 % by weight of butene-1 polymer having molecular weight distribution of equal to 4 and a flexural modulus of 80 MPa or higher [abstract and 0007]. Reference claim 2 of De Palo discloses a fraction soluble in xylene for butene-1 is 70 % by weight or less [which encompasses Applicant’s claimed range]. Paragraph 0002 of De Palo discloses that the fibers exhibit a high balance or mechanical properties in particularly high tenacity and elongation at break. Vanzini and De Palo are analogous art in that both references disclose a polyolefin composition for preparation of fibers comprising 60 to 78 weight % of propylene polymer and 22 to 40 weight % of butene-1 polymer wherein the butene-1 polymer has a flexural modulus of 80 MPa or more. It would have been obvious to one of ordinary skill in the art to utilize the butene-1 polymer of De Palo for the benefit of obtaining fibers/filaments that have enhanced tenacity and elongation at break.
Conclusion
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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786
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