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 .
This office action is in response to applicant’s amendments filed February 18, 2026. Claims 1,7-9,15 and 18-20 are pending. Claims 2-6,10-14,16 and 17 have been cancelled.. Claims 7-9,15 and 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim 1 stands rejected under 35 U.S.C. 103 as being unpatentable over Matsumura (JP 2021127548A) in view of Miyamoto (JP2011017108) for the reasons set forth below.
All other rejections are withdrawn in view of applicant’s cancellation of or amendment to the claims.
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Matsumura (JP 2021127548A).
Matsumura teaches fiber treatment compositions for application to polyester fibers (page 7, paragraphs 2-4; page 12, 3) wherein the compositions comprise mixtures of two or more silicone compounds selected from amino-modified silicones (applicant’s A), dimethyl silicone, silicone resin (applicant’s C) and silanol terminated silicones (applicant’s D) (page 12, last paragraph; page 20, paragraphs 5-7; page 33, paragraphs 1,4-6). Matsumura further teaches including silane coupling agents with amino or isocyanate functionality (applicant’s B; page 34, paragraph 1). Matsumura teaches the compositions comprise nonionic surfactants including polyethylene, polypropylene block copolymers and anionic surfactants of alkyl sulfonates (alkyl sulfonic acid salts; page 34, paragraphs 2-4). Matsumura teaches the surfactants are contained at 0.5-40 parts by mass of the solid content of the aqueous dispersion (page 35, paragraph 2) and mixed with the silicone components (page 35, paragraph 3). Matsumura teaches adding antibacterial agents (page 37, 4). Production Example 5 contains 42g dimethyl silicone, 42g silicone MQ resin, 36g amino-modified silicone, 4g polyoxyethylene (EO addition mole number: 5 mol) secondary alkyl (C12-C14) ether (applicant’s claimed nonionic surfactant of claim 2 and 5), 0.5g 85% formic acid (applicant’s claimed anionic ingredient organic acid of claim 4, 250g ion exchanged water and diluted to solids of 30%. Production example 4 teaches compositions with amino-modified silicone, polyoxyethylene (EO addition mole number: 9 mol) secondary alkyl (C12) ether (applicant’s claimed nonionic surfactant of claim 2 and 5), acetic acid (applicant’s claimed anionic ingredient organic acid of claim 4) (page 44, paragraph 3) ) and ion exchanged water and diluted to solids of 15%. This composition does not include dimethyl silicones of silicone resins as defined in applicant’s C, so 0% applicant’s silicone C. Matsumura teaches MQ, MQD, MT, MTQ and MDTQ resins (page 33, paragraph 5).
Matsumura does not specify the claimed amounts of the components and the claimed amount of silicone (B) taking the amount silicone (A) as 100 parts by mass..
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the fiber treatment agents of Matsumura by selecting the claimed amounts of silicone (A), silicone (B), nonionic surfactant and anionic surfactant.
It would have been obvious to one of ordinary skill in the art at the time the claimed invention was made to arrive at the claimed amounts of silicone A, B, C and the anionic and nonionic surfactant through routine experimentation, since Matsumura permits a mixture of two or more silicones selected from amino-modified silicones (applicant’s A), dimethyl silicone, silicone resin (applicant’s C) and silane coupling agents with amino or isocyanate functionality (applicant’s B). Selecting the claimed proportions through routine experimentation would be obvious to provide the coating and wash durability to the polyester fibers. Since dimethyl silicones and silicone resins are optional in Matsumura, using less than 10% is obvious. The proportions of example 5 of Matsumura are similar to applicant’s claimed values but are not limiting since they are just examples. 3.3% dimethyl silicone, 3.3% silicone MQ (6.6% total applicant’s C); 2.88% amino-modified silicone (applicant’s A), 0.32% nonionic surfactant, 0.03% anionic ingredient. Matsumura teaches the surfactants are contained at 0.5-40 parts by mass with respect to 100 parts by mass of the solid content of the aqueous dispersion so for a 15-30% dispersion (0.075-12%).. Adjusting the percentages to increase or decrease the amounts of each silicones by a few percentage points is obvious as any combination of the three of four types is permitted. Combining the same components in similar ranges to the prior art for application to the same polyester fibers is known from the teachings of the prior art and renders applicant’s claimed composition obvious.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Matsumura (JP 2021127548A) in view of Miyamoto (JP2011017108).
Matsumura teaches fiber treatment compositions for application to polyester fibers (page 7, paragraphs 2-4; page 12, 3) wherein the compositions comprise mixtures of two or more silicone compounds selected from amino-modified silicones (applicant’s A), dimethyl silicone, silicone resin (applicant’s C) and silanol terminated silicones (applicant’s D) (page 12, last paragraph; page 20, paragraphs 5-7; page 33, paragraphs 1,4-6). Matsumura further teaches including silane coupling agents with amino or isocyanate functionality (applicant’s B; page 34, paragraph 1). Matsumura teaches the compositions comprise nonionic surfactants including polyethylene, polypropylene block copolymers and anionic surfactants of alkyl sulfonates (alkyl sulfonic acid salts; page 34, paragraphs 2-4). Matsumura teaches the surfactants are contained at 0.5-40 parts by mass of the solid content of the aqueous dispersion (page 35, paragraph 2) and mixed with the silicone components (page 35, paragraph 3). Matsumura teaches adding antibacterial agents (page 37, 4). Production Example 5 contains 42g dimethyl silicone, 42g silicone MQ resin, 36g amino-modified silicone, 4g polyoxyethylene (EO addition mole number: 5 mol) secondary alkyl (C12-C14) ether (applicant’s claimed nonionic surfactant of claim 2 and 5), 0.5g 85% formic acid (applicant’s claimed anionic ingredient organic acid of claim 4, 250g ion exchanged water and diluted to solids of 30%. Production example 4 teaches compositions with amino-modified silicone, polyoxyethylene (EO addition mole number: 9 mol) secondary alkyl (C12) ether (applicant’s claimed nonionic surfactant of claim 2 and 5), acetic acid (applicant’s claimed anionic ingredient organic acid of claim 4) (page 44, paragraph 3) ) and ion exchanged water and diluted to solids of 15%. This composition does not include dimethyl silicones of silicone resins as defined in applicant’s C, so 0% applicant’s silicone C. Matsumura teaches MQ, MQD, MT, MTQ and MDTQ resins (page 33, paragraph 5).
Matsumura does not specify the number average molecular weight of the silanol-modified silicone or the claimed amounts of the components.
Miyamoto teaches that antibacterial agents used for application to polyester fibers (page 7, paragraph 1,3) contain polydimethylsiloxane with a polymerization degree of 50-20,000 with silanol terminal groups, 1000 and 1500 polymerization degrees are exemplified (approximately 98,000 or 147,000 molecular weight ) (page 4, last 2 paragraphs; page 10, paragraph 3 and 4). .
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the fiber treatment agents of Matsumura to incorporate the claimed molecular weight silanol modified silicones as Miyamoto teaches that silanol modified silicones of polydimethylsiloxane with degrees of polymerization of 1000 or 1500 (approximately 98,000 or 147,000 molecular weight) are effective in coating polyester fibers with antimicrobial agents and enhancing the wash durability of the coating. Matsumura invites the inclusion of antimicrobial agents to the compositions, increasing the wash durability of the treatment (page 30, last paragraph), and using silanol modified silicones of the claimed molecular weight would enhance the wash durability of the antimicrobial to the polyester fiber.
Regarding the claimed amounts of silicone A, B, C,D and the anionic and nonionic surfactant, since Matsumura permits a mixture of two or more silicones selected from amino-modified silicones (applicant’s A), dimethyl silicone, silicone resin (applicant’s C) and silanol terminated silicones (applicant’s D) and silane coupling agents with amino or isocyanate functionality (applicant’s B), selecting the claimed proportions through routine experimentation would be obvious to provide the coating and wash durability to the polyester fibers. Since dimethyl silicones and silicone resins are optional in Matsumura, using less than 10% is obvious. The proportions of example 5 of Matsumura are similar to applicant’s claimed values but are not limiting since they are just examples. 3.3% dimethyl silicone, 3.3% silicone MQ (6.6% total applicant’s C); 2.88% amino-modified silicone (applicant’s A), 0.32% nonionic surfactant, 0.03% anionic ingredient. Matsumura teaches the surfactants are contained at 0.5-40 parts by mass with respect to 100 parts by mass of the solid content of the aqueous dispersion so for a 15-30% dispersion (0.075-12%).. Adjusting the percentages to increase or decrease the amounts of each silicones by a few percentage points is obvious as any combination of the three of four types is permitted. Combining the same components in similar ranges to the prior art for application to the same polyester fibers is known from the teachings of the prior art and renders applicant’s claimed composition obvious.
Response to Arguments
Applicant's arguments filed regarding Matsumura in view of Miyamoto have been fully considered but they are not persuasive. The examiner argues that the additional data presented have not been submitted in the form of an 1.132 Declaration and therefore are not sufficient to overcome the prior art. After submission of the 1.132 Declaration, the claims 7-9,15-19 will be rejoined and the claims will be allowed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMINA S KHAN whose telephone number is (571)272-5573. The examiner can normally be reached Monday-Friday, 9am-5:30pm EST.
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/AMINA S KHAN/Primary Examiner, Art Unit 1761
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