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 Group II, claims 12-21 and 25 in the reply filed on 07/15/26 is acknowledged.
Claim Objections
Claim 13 is objected to because of the following informalities: the first instant of CAB needs to be spelled out as cellulose acetate butyrate. 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.
Claim(s) 12-19, 21 and 56 is/are rejected under 35 U.S.C. 103 as being unpatentable over USPUB 2009/0155611 A1 to Tedford, Jr, et al.
Regarding Claim 12, where Applicant seeks a biocomponent fiber comprising: a core region comprising a first component comprising one or more cellulose esters, the core region having a substantially solid cross-section; Tedford Jr. et al., teach a biocomponent fiber [see -a fiber comprising renewable polymer such as cellulose propionate (biocomponent); figures 1-2; ¶¶ 0011-0016, 0036 and claim 21] comprising: a core region and a sheath region. The core region comprises a first component comprising one or more cellulose esters. The sheath region at least partially surrounds the core region and comprises a second component comprising a polyolefin [see -coextruding the heat-resistant polymer and the renewable polymer (biocomponent) to provide a fiber composite comprising a renewable polymer core 112, 204, and a heat-resistant polymer outer layer 104, 208 surrounding the core; figures 1-2; ¶¶ 0011-0016, 0069-0070 and claim 21].
At ¶ 0043, Tedford further discloses wherein the one or more cellulose esters comprise or consist of cellulose acetate butyrate (CAB) –[mixed cellulose esters comprising cellulose acetate and cellulose butyrate (consistent with mixed cellulose ester cellulose acetate butyrate].
Tedford Jr. et al., teach manufacturing the fiber by coextruding the polymers through a spinneret. They do not teach the shape of the cross section or that it is substantially solid. However, a person having ordinary skill in the art before the effective filing date of the invention would have known that the shape of the resultant fiber and how solid it is can be controlled by the spinneret geometry/doe head, extrusion conditions, and cooling profile so that the molten polymer solidifies without forming hollow or multi‑leaf shapes.
Regarding Claim 13, where Applicant seeks that the bicomponent fiber of claim 12, wherein the first component comprises or consists of CAB; Applicant is directed to ¶ 0043 of Tedford Jr. et al., who further discloses wherein the one or more cellulose esters comprise or consist of cellulose acetate butyrate (CAB) –[mixed cellulose esters comprising cellulose acetate and cellulose butyrate (consistent with mixed cellulose ester cellulose acetate butyrate].
Regarding Claim 15, where Applicant seeks that the bicomponent fiber of claim 12, wherein the first component further comprises one or more coloring agents, optionally wherein one or more of the one or more coloring agents is a flame retardant; Applicant is directed to ¶¶ 0044 and 0066, where Tedford Jr. et al., teach that the first mixture of solids and/or the second mixture of solids further comprises one or more coloring agents, optionally wherein one or more of the one or more coloring agents is a flame retardant [one or more of the core or outer layers comprise mineral fillers such as titanium dioxide (a pigment and a known flame retardant].
Regarding Claim 16, where Applicant seeks that the bicomponent fiber of claim 15, wherein at least one of the one or more coloring agents is selected from the group consisting of a mineral, an animal product, and a plant product; Applicant is directed to ¶¶ 0044 and 0066, where Tedford Jr. et al., teach that the first mixture of solids and/or the second mixture of solids further comprises one or more coloring agents, which are mineral fillers.
Regarding Claim 17, where Applicant seeks that the bicomponent fiber of claim 16, wherein at least one of the one or more coloring agents is selected from the group consisting of bone black, an iron oxide, and mica; Applicant is directed to ¶¶ 0044 and 0066, where Tedford Jr. et al., teach that the first mixture of solids and/or the second mixture of solids further comprises one or more coloring agents, optionally wherein one or more of the one or more coloring agents is a flame retardant [one or more of the core or outer layers comprise mineral fillers such as titanium dioxide (a pigment and a known flame retardant]. Mica is also listed and thereby meets the limitation in this claim.
Regarding Claim 21, where Applicant seeks that the bicomponent fiber of claim 12, wherein the bicomponent fiber has a linear density of about 35 grams per 9000 meters to about 70 grams per 9000 meters; While there is no explicit teaching by Tedford Jr. et al. of the measure of linear density for bicomponent fiber, a skilled artisan would have found it obvious to have chosen a linear density of about 35 grams per 9000 meters to about 70 grams per 9000 meters. One would have done so by adjusting the composition and phase arrangement, as it is known that manufacturers can target this density range to balance strength, flexibility, processability, and performance for specific applications.
Regarding Claim 56, where Applicant seeks that the bicomponent fiber of claim 12, further comprising a sheath region at least partially surrounding the core region , the sheath region comprising a second component at least a polyolefin; Applicant is directed to Tedford Jr. et al., teach a biocomponent fiber [see -a fiber comprising renewable polymer such as cellulose propionate (biocomponent); figures 1-2; ¶¶ 0011-0016, 0036 and claim 21] comprising: a core region and a sheath region. The core region comprises a first component comprising one or more cellulose esters. The sheath region at least partially surrounds the core region and comprises a second component comprising a polyolefin [see -coextruding the heat-resistant polymer and the renewable polymer (biocomponent) to provide a fiber composite comprising a renewable polymer core 112, 204, and a heat-resistant polymer outer layer 104, 208 surrounding the core; figures 1-2; ¶¶ 0011-0016, 0069-0070 and claim 21].
At ¶ 0043, Tedford further discloses wherein the one or more cellulose esters comprise or consist of cellulose acetate butyrate (CAB) –[mixed cellulose esters comprising cellulose acetate and cellulose butyrate (consistent with mixed cellulose ester cellulose acetate butyrate].
At ¶¶ 0050 and 0060, the instant reference teaches that the polyolefins may be polyethylene or polypropylene.
Regarding Claim 14, where Applicant seeks that the bicomponent fiber of claim 56, wherein the second component comprises polyethylene, optionally a bio-derived polyethylene; Applicant is directed to ¶¶ 0050 and 0060, where the instant reference teaches that the renewable polyolefins may be polyethylene or polypropylene.
Regarding Claim 18, where Applicant seeks that the bicomponent fiber of claim 56, wherein the core- sheath bicomponent fiber is a concentric core-sheath bicomponent fiber; Tedford Jr. et al. teaches a bicomponent fiber but does not specifically teach that its arrangement is concentric core sheath. A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have used a bicomponent CAB in a concentric core–sheath configuration. One would have been motivated to do so to leverage CAB’s softness, moisture absorption, and biodegradability with the strength, durability, and barrier properties of a polyolefin sheath, enabling high-performance, multifunctional fibers for textiles, medical, and specialty applications.
Regarding Claim 19, where Applicant seeks that 19. (Currently Amended) The bicomponent fiber of claim 56, wherein the weight ratio of core to sheath is about 60:40 to about 80:20; Applicant is directed to ¶¶ 0006-0010 where they teach that the core component is 60, which would leave 40 for the sheath.
Allowable Subject Matter
Claim 20 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Tedford Jr. et al. teach the use of a renewable polyethylene but do not teach the use polyethylene with 5 wt. % bone black.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPUB 2008/0202539 A1 issued to Banks et al.
Banks et al., discloses a biocomponent fiber [a polycomponent fiber comprising cellulose acetate polymer (cellulose ester is a biocomponent fiber, as per page 3, lines 8-10 of the Instant Application); ¶¶ 0053 and 0057] comprising: a core region comprising a first component comprising one or more cellulose esters [components are coextruded to form a fiber comprising a core 56 formed from the first component, such as cellulose diacetate; figure 5a; ¶¶ 0022-0024, 0057, 0106]; and a sheath region at least partially surrounding the core region comprising a second component comprising a polyolefin (components are coextruded to form a fiber comprising a sheath 58 formed from the second component comprising active ingredient in fiber-forming polymer such as polyolefin; figure 5a; ¶¶ 0036-0040, 0055, 0059, 0106].
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/Arti Singh-Pandey/
Primary Patent Examiner
Art Unit 1759
asp
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