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 on August 18, 2026. Claims 1,5-12 and 14-16 are pending. Claims 2-4 and 13 have been cancelled. Claims 1,5 and 7 have been amended. Claims 14-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
All prior rejections are maintained for the reasons set forth below.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claims 1,5,7,8 and 10-12 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Samain (US 2014/0374044).
Samain teaches grafting (coating) cellulosic and cellulose based polymer textile strips and substrates made from textile fibers (fabrics, paragraph 0115) such as cotton, flax, hemp, rayon with a polyvinyl acetate (polyvinyl-ester based polymer, preparing a composite) by impregnating the fabric with a solution of the polyvinyl acetate and then treating with a solution comprising potassium hydroxide (exposing to an alkali solution) and methanol (swelling agent) to hydrolyze (saponification) the polyvinyl acetate to polyvinyl alcohol (paragraph 0073-0074, 0052,0116). Exposure of cotton to potassium hydroxide inherently mercerizes the cotton and exposure of polyvinyl acetate to potassium hydroxide hydrolyzes the polyvinyl acetate to polyvinyl alcohol through saponification. Samain teaches PVA curves on the surface of the substrate (Figure 1) and treating the same substrate with the same polyvinyl acetate followed by hydrolyzing with the same potassium hydroxide methanol solution to polyvinyl alcohol. The method of Samain would produce the same mercerization and saponification of the fabric and further produce the same nano-sized surface curves (undulations) as these properties would be inherent in the interaction of the same compounds with the same substrate. Samain teaches adjusting the coating thickness by modifying the reaction conditions (paragraph 0084) and adjusting the density of the polymer bound to the surface (paragraph 0010). Substituting cotton for rayon could be at once envisages as Samain only teaches 10 possibilities of substrates. Regarding claim 11, the dispersant is an optional component in claim 10 and if claim 11 was written in independent form, dispersant and species of dispersant are still optional. Accordingly, the teachings of Samain are sufficient to anticipate the material limitations of the instant 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.
Claims 1,5-8 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Samain (US 2014/0374044) as evidenced by Yang (Surface Properties of a Novel Poly(vinyl alcohol) Film Prepared by Heterogenous Saponification of Poly(vinyl acetate) Film, Polymers, 2017, 9, 493).
Samain is relied upon as set forth above.
Samain does not specify saponification.
Yang teaches that Poly(vinyl acetate) in the presence of alkali hydroxides is saponified to Polyvinyl alcohol and this reaction is performed in the presence of alkaline solutions of sodium hydroxide, sodium sulfate, methanol and water (page 3 of 9, paragraph 2).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the methods of Samain by adding a dispersant of sodium sulfate to the alkali solution as Yang teaches this is a conventional component combined with methanol, water and hydroxide to convert polyvinyl acetate to polyvinyl alcohol through saponification. Using conventional components to produce the conversion and saponification is obvious. Regarding the nano-sized curves, these curves are present in the methods of Samain as demonstrated by the figures and could be adjusted through routine experimentation to the desired nano-sized as Samain teaches the films produced are only nanometer thick (paragraph 0122). Samain further teaches the thickness of the film can be adjusted based on reaction conditions. Similarly the planar density can be adjusted through routine experimentation based on the desired coating level as Samian recognizes the density impacts the continuity of the film formed on the fabric.
Claims 1,5-8 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Samain (US 2014/0374044) as evidenced by Yang (Surface Properties of a Novel Poly(vinyl alcohol) Film Prepared by Heterogenous Saponification of Poly(vinyl acetate) Film, Polymers, 2017, 9, 493).
Samain is relied upon as set forth above.
Samain does not specify saponification.
Yang teaches that Poly(vinyl acetate) in the presence of alkali hydroxides is saponified to Polyvinyl alcohol and this reaction is performed in the presence of alkaline solutions of sodium hydroxide, sodium sulfate, methanol and water (page 3 of 9, paragraph 2).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the methods of Samain by adding a dispersant of sodium sulfate to the alkali solution as Yang teaches this is a conventional component combined with methanol, water and hydroxide to convert polyvinyl acetate to polyvinyl alcohol through saponification. Using conventional components to produce the conversion and saponification is obvious. Regarding the nano-sized curves, these curves are present in the methods of Samain as demonstrated by the figures and could be adjusted through routine experimentation to the desired nano-sized as Samain teaches the films produced are only nanometer thick (paragraph 0122). Samain further teaches the thickness of the film can be adjusted based on reaction conditions. Similarly the planar density can be adjusted through routine experimentation based on the desired coating level as Samian recognizes the density impacts the continuity of the film formed on the fabric.
Claims 1 and 5-12 are rejected under 35 U.S.C. 103 as being unpatentable over Samain (US 2014/0374044) in view of Lee (Heterogeneous Surface Saponification of Suspension-Polymerized Monodisperse Poly(vinyl acetate( Microspheres using Various Ions, Journal of Polymer Science: Part A: Polymer Chemistry, Vol 44, 3567-3576 (2006).
Samain is relied upon as set forth above.
Samain does not specify saponification.
Lee teaches that Poly(vinyl acetate) in the presence of alkali hydroxides is saponified to Polyvinyl alcohol and this reaction is performed in the presence of alkaline solutions of sodium hydroxide (NaOH), sodium chloride (NaCl), sodium sulfate (Na2SO4), methanol (CH3OH) and water (page 3569, right column, last paragraph, left column, second paragraph: Figure 3). Lee exemplifies 0.7 mol/L NaCl (58.44g/mol*0.7 mol/L=40.90g/L NaCl). Lee teaches using deionized and distilled water (page 3569, left column, last paragraph; page 3570, right column, last line).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the methods of Samain by adding sodium chloride or sodium sulfate to the alkali solution as Lee teaches these salts are combined with methanol, water and hydroxide to convert polyvinyl acetate to polyvinyl alcohol through saponification wherein the salts impact the swelling of the polyvinyl alcohol. Using known salts as swelling controlling components to produce the conversion and saponification of polyvinyl aetate to polyvinyl alcohol is obvious. It would have been obvious to use distilled water in the methods of Samain as water is just present to dissolve the salts and provide a carrier for the chemical components in a solution, nothing unobvious is seen in using water, deionized water or distilled water as they all are able to make a solution. Regarding the nano-sized curves, these curves are present in the methods of Samain as demonstrated by the figures and could be adjusted through routine experimentation to the desired nano-sized as Samain teaches the films produced are only nanometer thick (paragraph 0122). Samain further teaches the thickness of the film can be adjusted based on reaction conditions. Similarly the planar density can be adjusted through routine experimentation based on the desired coating level as Samian recognizes the density impacts the continuity of the film formed on the cotton.
Response to Arguments
Applicant's arguments filed regarding Samain alone or in view of Yang or Lee have been fully considered but they are not persuasive. The examiner argues that treatment of the same cellulosic substrates by first applying a solution of polyvinyl acetate onto cellulosic fabric (impregnating) such that the polyvinyl acetate becomes grafted onto the cellulosic fabric (coated) and then treating the polyvinyl acetate grafted cellulosic fabric with a methanol/potassium hydroxide solution (single alkali exposure which would inherently saponify and mercerize as demonstrated by the chemistry of polyvinyl acetate interaction with hydroxide/methanol solutions in Lee and Yang) to convert the polyvinyl acetate through hydrolysis to polyvinyl alcohol to form curves (undulations) of the polyvinyl alcohol on the surface of the cellulosic fabric is exactly what applicant is claiming and is the method of Samain. The examiner argues that Samain teaches that the solution of vinyl acetate monomer applied to the cellulosic fiber is reacted on the fiber to produce polyvinyl acetate grafted fabric and therefore a still wetted (impregnated) fabric contains polyvinyl acetate impregnated into it, which meets the limitation of impregnating with a solution containing the polyvinyl ester-based polymer. Further the fabric is grafted with polyvinyl acetate on the surface, which meets the limitation of coating a polyvinyl-ester based polymer on a surface of the cellulosic fabric. Samian produces polyvinyl alcohol with hydroxyl groups from the polyvinyl acetate (saponification) and the cellulosic fabric which is treated with the hydroxide solution absorbs the hydroxide solution which mercerizes the cellulose, as being treating with the aqueous solution would not just leave the solution on the surface of the cellulosic fabric it would absorb into the fabric. Figure 1 shows polyvinyl alcohol chains stably bound on a fiber (paragraph 0101) and show curving in wavelike forms or undulations. It is the examiners position that the same treatment on the same fabric would produce the same nanometer sized undulations or it would be nonetheless obvious to achieve this size of undulation. Paragraph 0122 shows 200nm thick layers are produced from PVA solutions and stearic acid grafting, indicating a layer less than 200 nm would be present with just polyvinyl alcohol. While this is on a plate, similar layers would be formed on the surface of fibers. Lee and Yang were simply relied upon to demonstrate the hydrolysis chemistry of polyvinyl acetate to polyvinyl alcohol. The examiner argues Samain’s cellulosic fabric coated with polyvinyl alcohol in curved formation prior to additional grafting steps with fatty acid meets the claimed limitations. Accordingly, the rejections are maintained.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew can be reached at 571-272-2817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AMINA S KHAN/Primary Examiner, Art Unit 1761
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