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 .
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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(s) 1-2, 4-7, 9 is/are rejected under 35 U.S.C. 102((a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Kim et al, U.S. Patent Application Publication No. 2023/0374203.
Kim discloses a biodegradable polyester resin comprising a diol, aromatic dicarboxylic acid and an aliphatic dicarboxylic acid. See paragraph 0040. The diol can be 1,4 butane diol and the aromatic dicarboxylic acid may be terephthalic acid or dimethyl terephthalate and the aliphatic dicarboxylic acid may be adipic acid. See paragraph 0010. The composition can further include another biodegradable resin including those claimed in amounts of 10-100 parts by weight based on 100 parts by weight of the polyester resin. See paragraphs 0251-0252. Kim discloses a method of preparing the biodegradable polyester comprising the steps of preparing a slurry of the diol and the aromatic dicarboxylic acid wherein the slurry stirrer can have two or more blades, (see paragraph 0259-269), esterifying the slurry to prepare a prepolymer wherein the esterification can be performed twice, (see paragraph 0278-0282), then condensation polymerizing the prepolymers to form the biodegradable composition wherein the polycondensation is performed at temperatures of 190-260 for 1-5 hours. See paragraph 0330-0335. The resulting polymer can have a number average molecular weight of 30,000 g/mol -90,000 g/mol which meets the range of 33,000-40,000 g/mol as set forth in amended claim 1. See paragraph 0037. The thus formed polymer can be formed into extruded articles. See paragraph 0363. The composition can include a chain extender in amounts of 0.1 -10 wt % which meets the limitation of 1000-5000 ppm. See paragraphs 0220-0228.
With regard to the particular properties of melt index, melt index change value, and intrinsic viscosity, Kim does not disclose the particularly claimed properties, however, since Kim teaches the same composition made by the same process, it is reasonable to expect that the composition of Kim would have the claimed properties, since like materials must have like properties.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al, U.S. Patent Application Publication No. 2023/0374203.
Kim discloses a composition and method of making as set forth above.
Kim does not disclose the Ampere value of the agitator.
However, it would have been obvious to have selected the Ampere value which had sufficient power to agitate the composition during preparation.
Claim(s) 10-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al, U.S. Patent Application Publication No. 2023/0374203 in view of Bastioli et al, U.S. Patent Application Publication No. 2012/0220687.
Kim discloses a composition and extruded articles made from the composition as set forth above.
Kim differs from the claimed invention because it does not disclose extruding the composition to form a yarn.
However, Bastioli teaches extruding polyester composition comprising aliphatic/aromatic polyester into yarns and fibers. See paragraph 0053.
Therefore, it would have been obvious to have extruded the composition of Lee including the chain extender and the second polymer in the claimed amounts to form a yarn as taught by Bastioli and to have selected the diameter of the yarn depending on the properties desired in the final product.
While Kim in view of Bastioli do not explicitly teach the claimed tensile strength, melt index or difference in melting temperature and crystallization temperature, since Kim discloses the same composition formed by the same process, it is reasonable to expect that the composition would necessarily have the claimed properties, since like materials must have like properties, or that it would have been obvious to have selected parameters such as the denier of the extruded yarns as well as post processing steps like drawing and annealing in order to provide a yarn having the desired tensile strength.
Applicant's arguments filed 7/24/26 have been fully considered but they are not persuasive. Applicant argues that in view of the priority claim and the common ownership of the instant application and the Kim reference, that Kim is not prior art.
However, Applicant has not perfected priority by filing a certified translation of the results. Therefore, the rejection is maintained for the reasons of record.
THIS ACTION IS MADE FINAL. 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 ELIZABETH M IMANI whose telephone number is (571)272-1475. The examiner can normally be reached Monday-Wednesday 7AM-7:30; Thursday 10AM -2 PM.
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/ELIZABETH M IMANI/Primary Examiner, Art Unit 1789
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