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 without traverse of claim 5 in the reply filed on 07/15/2026 is acknowledged. Claim 6 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group of the invention, there being no allowable generic or linking claim.
Further, applicant’s arguments regarding species restriction between claim 16 vs. claim 17 were fully considered and found persuasive. Therefore, the restriction between species in claim 16 vs. claim 17, mailed on 04/15/2026, was found persuasive and the previous species restriction between claims 16 vs claim 17 is withdrawn.
Claim Rejections - 35 USC § 112(b)
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 1-5 and 7-20 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 the limitation “the spindle” in 6th line. There is insufficient antecedent basis for this limitation in the claim because even though prior to the cited limitation, claim 1 already recites “a plurality of spindles” but claim 1 does not define an individual “spindle” to provide sufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-5 and 7-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Menon et al. (US 2016/168754).
Menon et al. (US ‘754) disclose a method of electrospinning a plurality of fibers comprising:
- providing at least one collector (a rotatable collector 103, ¶ [0031]) comprising:
- a hub (a collector shaft 111, ¶ [0032]) configured to rotate in a circumferential direction; and
- a plurality of spindles (electrodes 109, ¶ [0032]) extending from the hub (a collector shaft 111, ¶ [0032]), the plurality of spindles (electrodes 109, ¶ [0032]) each including a spindle end being a portion of the spindle (electrodes 109, ¶ [0032]) positioned furthest from the hub (a collector shaft 111, ¶ [0032]), each spindle end (tines 110, ¶ [0032]) forking into a plurality of tines (tines 110, ¶ [0032]), each tine (tine 110, ¶ [0032]) having a tip that together define a plane (Figs 2B – 2E), the plane including a point colinear with an axis axially running through a center of a face of the hub (a collector shaft 111, ¶ [AltContent: textbox (At least one collector (103))][0032]);
[AltContent: textbox (A spinneret (108))][AltContent: textbox (A single extruder (101))][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Spindle end forking into a plurality of tines (110))][AltContent: textbox (A hub (111))][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (A plurality of spindles (109))]
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[AltContent: arrow][AltContent: textbox (At least one aperture at a spinneret end)][AltContent: arrow][AltContent: arrow][AltContent: textbox (A tube 107)]
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- providing a single extruder (fiber source 101, ¶ [0031]) comprising:
- a tube (a syringe 107, ¶ [0031]) defining a channel, the channel housing a precursor liquid (see Fig. 1); and
- a spinneret (108, ¶ [0031]) extending axially from the tube and including at least one aperture located at a spinneret (108, ¶ [0031]) end, the spinneret (108, ¶ [0031]) in fluid communication with the channel;
- positioning the point a distance from the at least one aperture (see Fig. 1);
- applying a voltage differential (see ¶ [0031] and Fig. 1: poles S, W) between the spinneret (108, ¶ [0031]) and the at least one collector (a rotatable collector 103, ¶ [0031]);
- dispensing the precursor liquid (see Fig. 1) from the spinneret (108, ¶ [0031]) via the at least one aperture; and
- rotating the at least one collector (the axis of rotation of the collector 103, ¶ [0031]) in the circumferential direction (by a rotating motor 112, ¶ [0031]) to collect the precursor liquid (see Fig. 1) dispensed from the spinneret (108, ¶ [0031]) via the at least one aperture to form the fibers (fiber 105, ¶ [0032] - ¶ [0033]).
Menon et al. (US ‘754) disclose by rotating the spindles 116, the corn yarn 118 is wrapped by the deposited fibers 120 to form core-shell yarn 117 by electrospinning is shown in FIG. 6. (see ¶ [0033]) however, Menon et al. (US ‘754) is silent on disclosing the collection of the fibers forms a hollow casing of fibers, wherein the hollow casing comprises a top face and a circumferential face, as claimed in claim 1.
It would have been obvious for one of ordinary skill in the art, prior to the time of applicant’s invention, to modify the operation of the at least one collector, as taught by Menon et al. (US ‘754), so to be able to form a hollow casing of fibers wherein the hollow casing comprises a top face and a circumferential face in order to form an umbrella-like, hemispherical, semi-cuboidal, semi-cubical, ellipsoidal, cone-like fluffy three-dimensional scaffolds that have porosity and strength for several applications.
As to claim 2, Menon et al. (US ‘754) teach rotating the at least one collector is performed at a rotational speed between 100 rotations per minute and 1100 rotations per minute. (¶ [0041]: the rotation speed of the motor attached to the collector was set to 100 rpm)
Menon et al. (US ‘754) disclose a rotatable spindle 116 is configured to draw and impart twist to the deposited fibers to form one-dimensional yarns 115 wound thereon (¶ [0038]). Menon et al. (US ‘754) is silent on disclosing a rotatable spindle 116 comprising of the plurality of spindles consists of six spindles, as claimed in claim 3.
However, it would have been obvious for one of ordinary skill, prior to the time of applicant’s invention, to modify the number of the spindles, as taught by Menon et al. (US ‘754), so to be comprised of six spindles in order to improve the functionality of the apparatus so to be capable of generating varied geometries.
Menon et al. (US ‘754) further disclose the potential source 102 may be maintained at a high positive or negative potential using a suitable high voltage supply. (¶ [0031]). Menon et al. (US ‘754) is silent on disclosing the voltage differential is between 50 V and 100 kV, as claimed in claim 4.
However, it would have been obvious for one of ordinary skill, prior to the time of applicant’s invention, to modify a voltage differential between the spinneret (108, ¶ [0031]) and the at least one collector (a rotatable collector 103, ¶ [0031]), as taught by Menon et al. (US ‘754), through providing a voltage differential between 50 V and 100 kV in order to optimize the voltage so for the electrospinning to be capable of generating a fibrous scaffolds with fibers of optimal diameter.
As to claim 5, Menon et al. (US ‘754) fail to disclose the at least one aperture is a plurality of apertures and the precursor liquid is dispensed from each of the plurality of apertures.
However, it would have been obvious for one of ordinary skill, prior to the time of applicant’s invention, to modify the at least one aperture of a spinneret, as taught by Menon et al. (US ‘754), so to be comprised of a plurality of apertures and the precursor liquid is dispensed from each of the plurality of apertures in order to improve the functionality of the apparatus so to be capable of generating varied geometries.
As to claim 7, Menon et al. (US ‘754) teach the precursor liquid comprises a solvent and a fiber component. (¶ [0031])
As to claim 8, Menon et al. (US ‘754) disclose the fiber component is selected from a group consisting of polyvinylpyrrolidone, cellulose acetate, polyaniline, polypyrrole, polylactic acid, and polyglycolide. (¶ [0045])
As to claim 9, Menon et al. (US ‘754) teach the fiber component comprises the polyvinylpyrrolidone. (¶ [0045])
As to claim 10, Menon et al. (US ‘754) disclose the polyvinylpyrrolidone is present in the precursor liquid in a concentration of between 15 w/v and 20 w/v. (¶ [0045]: a polymer concentration of 12-13 wt % PLLA was found ideal for this process, yielding continuous yarns of tens of meters in length, having micro-fibrous architecture)
As to claim 11, Menon et al. (US ‘754) teach the solvent is selected from a group consisting of ethanol, acetone, acetic acid, water, formaldehyde, and dimethylformamide. (¶ [0003])
As to claim 12, Menon et al. (US ‘754) disclose the fibers have an average diameter of between 1 nm and 5 microns. (¶ [0043]: fiber diameters ranging from 0.74-2 μm)
As to claim 13, Menon et al. (US ‘754) teach the distance is between 10 cm and 2 m. (¶ [0044]: 1-D continuous yarns were obtained from the 3-D fluffy scaffold deposited within the collector set to a diameter of 12-15 cm)
As to claim 14, Menon et al. (US ‘754) disclose the fiber component is dispensed at a rate of between 0.1 mL/hr and 10 mL/hr. (¶ [0047]: a flow rate of 2.5 ml/h and concentration of 14% w/v for PLLA and PCL were used respectively to obtain micro as well as nanofibers).
As to claim 15, Menon et al. (US ‘754) teach at least two collectors (103) are provided. (¶ [0031])
As to claim 16, Menon et al. (US ‘754) disclose the fibers form a scaffold. (¶ [0010])
As to claim 17, Menon et al. (US ‘754) teach the fibers comprise cellulose acetate. (¶ [0049])
Menon et al. (US ‘754) disclose by rotating the spindles 116, the corn yarn 118 is wrapped by the deposited fibers 120 to form core-shell yarn 117 by electrospinning is shown in FIG. 6. (see ¶ [0033]) however, Menon et al. (US ‘754) is silent on disclosing the collection of the fibers forms a hollow casing comprises the fibers generally aligned with each other along the circumferential face, as claimed in claim 18.
It would have been obvious for one of ordinary skill in the art, prior to the time of applicant’s invention, to modify the operation of the at least one collector, as taught by Menon et al. (US ‘754), so to be able to form a hollow casing of fibers wherein the fibers generally aligned with each other along the circumferential face in order to form an umbrella-like, hemispherical, semi-cuboidal, semi-cubical, ellipsoidal, cone-like fluffy three-dimensional scaffolds that have porosity and strength for several applications.
Menon et al. (US ‘754) disclose by rotating the spindles 116, the corn yarn 118 is wrapped by the deposited fibers 120 to form core-shell yarn 117 by electrospinning is shown in FIG. 6. (see ¶ [0033]) however, Menon et al. (US ‘754) is silent on disclosing the collection of the fibers forms a hollow casing comprises the fibers generally aligned with each other along the circumferential face, as claimed in claim 18.
It would have been obvious for one of ordinary skill in the art, prior to the time of applicant’s invention, to modify the operation of the at least one collector, as taught by Menon et al. (US ‘754), so to be able to form a hollow casing of fibers wherein the fibers generally aligned with each other along the circumferential face in order to form an umbrella-like, hemispherical, semi-cuboidal, semi-cubical, ellipsoidal, cone-like fluffy three-dimensional scaffolds that have porosity and strength for several applications.
Menon et al. (US ‘754) disclose by rotating the spindles 116, the corn yarn 118 is wrapped by the deposited fibers 120 to form core-shell yarn 117 by electrospinning is shown in FIG. 6. (see ¶ [0033]) however, Menon et al. (US ‘754) is silent on disclosing the collection of the fibers forms a hollow casing comprises the fibers not generally aligned with each other along the top face, as claimed in claim 19.
It would have been obvious for one of ordinary skill in the art, prior to the time of applicant’s invention, to modify the operation of the at least one collector, as taught by Menon et al. (US ‘754), so to be able to form a hollow casing of fibers wherein the fibers generally aligned with each other along the top face in order to form an umbrella-like, hemispherical, semi-cuboidal, semi-cubical, ellipsoidal, cone-like fluffy three-dimensional scaffolds that have porosity and strength for several applications.
As to claim 20, Menon et al. (US ‘754) disclose the spindles (electrodes 109, ¶ [0032]) extend curvilinearly away from the hub (a collector shaft 111, ¶ [0032]). See Fig. 2A.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SUSAN D. LEONG can be reached at (571)270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEYED MASOUD MALEKZADEH/Primary Examiner
Art Unit 1754
08/07/2026
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