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/Restriction
Applicant’s election without traverse of Group III, claim 66 and newly added claims 72-78 in the reply filed on 07/13/26 is acknowledged.
Applicant has cancelled claims 1-65 and 67-71. The pending claims at this time are 66 and 72-78, all of which stand rejected.
Claim Objections
Claim 72 is objected to because of the following informalities: the first instance of APLA or CPLA need to be spelled out. 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) 66, is/are rejected under 35 U.S.C. 103 as being unpatentable over USPN 6,441,267 issued to Dugan.
Regarding modified Claim 66, where Applicant seeks a method of preparing a biocomponent fiber, wherein the method comprises:
(i) preparing a mixture of solids comprising polylactic acid (PLA) and one or more coloring agents; and
(ii) melt-spinning said mixture of solids, thereby preparing a PLA fiber, wherein said PLA fiber has a substantially solid cross-section; Applicant is directed to the teachings of USPN 6,441,267 issued to Dugan.
Dugan who teaches making a multicomponent fibers using melt blown and melt spun processes [for melt spun specifically see column 7, line 35] and teaches the formation of a bicomponent fiber at columns 3, lines 7+ and column 7, lines 10. The multicomponent fibers are made from at least two structured polymeric components [column 3, lines 1-27].
The cross section of the multicomponent fibers is circular. Both the cross section of the fiber and the configuration of the components will depend upon the equipment which is used in the preparation of the fiber, the process conditions and the melt viscosities of the two components. [column 3, lines 28-49].
A preferred configuration is a sheath/core arrangement, wherein a first component, the sheath, substantially surrounds a second component, the core. The fiber comprises: a core region comprising a first component comprising polylactic acid (PLA) [column 2, lines 30-35]. In addition to a biodegradable component, the fibers of the invention also include a thermo bondable non-biodegradable polymeric component. The non-biodegradable polymeric component forms the exposed outer surface of the fibers, completely encapsulating the biodegradable component. [column 5, lines 3-4]. Preferably the biodegradable polymeric component comprises poly(lactic acid). [column 9, lines 17-18]. The core component consists of poly(lactic) acid); and a sheath region at least partially surrounding the core region comprising a second component comprising a polyolefin [column 2, lines 30-35]. In addition to a biodegradable component, the fibers of the invention also include a thermobondable non-biodegradable polymeric component. The non-biodegradable polymeric component forms the exposed outer surface of the fibers, completely encapsulating the biodegradable component. [column 4, lines 29-30]. In a preferred aspect of the invention, polyethylene is employed, in particular, high density polyethylene.[column 9, lines 16-18]. The sheath component of the bicomponent fiber consists of a high density polyethylene).
Dugan discloses the bicomponent fiber wherein the PLA of the first component comprises APLA, CPLA, or a mixture of APLA and CPLA [column 5, lines 33-50, The degree of crystallinity of a PLA polymer is based on the regularity of the polymer backbone and its ability to line up with similarly shaped sections of itself or other chains. If even a relatively small amount of D-enantiomer (of either lactic acid or lactide], such as about 3 to about 4 weight percent, is copolymerized with L-enantiomer (of either lactic acid or lactide), the polymer backbone generally becomes irregularly shaped enough that it cannot line up and orient itself with other backbone segments of pure L-enantiomer polymer, thus reducing the crystallinity of the polymer, which in turn suppresses the melting point. Based on the foregoing, although a minimal amount of D-enantiomer can be tolerated, preferably the amount of D-enantiomer present in the instant invention is not such that it suppresses the melting point of the PLA component, i.e., crystalline PLA = CPLA, to the melting point of the first component, or to within 10° C. thereof.).
Dugan at Column 6, lines 3-21, further teaches that each of the thermobondable non-biodegradable polymeric component and the biodegradable polymeric component can optionally include other components not adversely affecting the desired properties thereof. Exemplary materials which could be used as additional components would include, without limitation, pigments, i.e., one or more coloring agents, antioxidants, stabilizers, surfactants, waxes, flow promoters, solid solvents, particulates, and other materials added to enhance processability of the first and the second components.
Dugan teaches manufacturing the fiber by melt spinning and using a spinneret and states that the resultant cross section of the fiber is circular. He does not state that it is solid. However, a person having ordinary skill in the art before the effective filing date of the invention would have known that in order to produce a solid cross section when melt spinning a PLA (polylactic acid) fiber, you need to control the spinneret geometry, extrusion conditions, and cooling profile so that the molten polymer solidifies without forming hollow or multi‑leaf shapes.
Regarding Claim 72, where Applicant seeks that the method of claim 66, wherein the PLA comprises APLA, CPLA, or a mixture of APLA and CPLA; Dugan discloses the bicomponent fiber, wherein the PLA of the first component comprises APLA, CPLA, or a mixture of APLA and CPLA (column 5, lines 33-50, The degree of crystallinity of a PLA polymer is based on the regularity of the polymer backbone and its ability to line up with similarly shaped sections of itself or other chains. If even a relatively small amount of D-enantiomer (of either lactic acid or lactide), such as about 3 to about 4 weight percent, is copolymerized with L-enantiomer (of either lactic acid or lactide), the polymer backbone generally becomes irregularly shaped enough that it cannot line up and orient itself with other backbone segments of pure L-enantiomer polymer, thus reducing the crystallinity of the polymer, which in turn suppresses the melting point. Based on the foregoing, although a minimal amount of D-enantiomer can be tolerated, preferably the amount of D-enantiomer present in the instant invention is not such that it suppresses the melting point of the PLA component, i.e., crystalline PLA = CPLA, to the melting point of the first component, or to within 10° C. thereof.).
Regarding Claim 73, where Applicant seeks that the method of claim 72, wherein the PLA comprises a mixture of APLA and CPLA in a ratio of about 1:1 to about 1:4; optionally about 1:1, about 1:2, about 1:3, or about 1:4; 1. While there is no explicit disclosure of the amounts in the mixture of the PLA, Dugan discloses the bicomponent fiber, wherein the PLA of the first component comprises APLA, CPLA, or a mixture of APLA and CPLA [column 5, lines 33-50] and as Applicant’s own specification is silent to unexpected results, the specific amounts of APLA and CPLA are not considered to confer patentability to the claims. As the amounts of either the APLA or CPLA these are variables that can be modified, by adjusting the amount of either and the precise amounts would have been considered result effective variables by one having ordinary skill in the art at the time the invention was made.
As such, without showing unexpected results, the claimed amounts cannot be considered critical. Accordingly, one of ordinary skill in the art at the time the invention was made would have optimized, by routine experimentation, the amounts of either the APLA or CPLA in the mixture of Dugan to obtain properties of strength and rigidity of the fiber as taught by Dugan at Column 4, line 58. (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), It is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, would be deemed through routine experimentation and as such is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions. See also KSR Int'l Co. V. Teleflex Inc., 550 U.S. 398, 416 (2007). 223). A skilled artisan would have modified the ratio of the APLA: CPLA in order to exhault the properties of tensile strength as taught by Dugan at Column 5, line 8.
Regarding Claim 74, where Applicant seeks that the method of claim 66, wherein the mixture of solids further comprises a flame retardant; Dugan discloses at column 6, lines 3-11, Each of the thermobondable non-biodegradable polymeric component and the biodegradable polymeric component can optionally include other components not adversely affecting the desired properties thereof. Exemplary materials which could be used as additional components would include, without limitation, pigments, i.e., one or more coloring agents, antioxidants, stabilizers, surfactants, waxes, flow promoters, solid solvents, particulates, and other materials added to enhance processability of the first and the second components.), optionally wherein one or more of the one or more coloring agents is a flame retardant (optional).
Claim(s) 75, 77 and 78, is/are rejected under 35 U.S.C. 103 as being unpatentable over USPN 6,441,267 issued to Dugan in view of JP 4923775 issued to Ishii et al.
Regarding Claim 75, where Applicant seeks that the method of claim 74, wherein the flame retardant is one of 9,10- dihydro-9-oxa-10-phosphaphenanthrene-10-oxide (DOPO) or a polymeric polyphosphate; Applicant is directed to ¶¶ 60- 64 of Ishii et al. who teaches the use of polyphosphate as a flame retardant. A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have added a flame retardant as one of the additives in the fiber of Dugan. One would have been motivated to do so in order to benefit from flame retardant properties.
Regarding Claim 77, where Applicant seeks that the method of claim 66, 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 Dugan discloses that at least one of the one or more coloring agents at column 6, lines 3-11-Each of the thermobondable non-biodegradable polymeric component and the biodegradable polymeric component can optionally include other components not adversely affecting the desired properties thereof. Exemplary materials which could be used as additional components would include, without limitation, pigments, i.e., one or more coloring agents, antioxidants, stabilizers, surfactants, waxes, flow promoters, solid solvents, particulates, and other materials added to enhance processability of the first and the second components.
Dugan fails to explicitly disclose 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.
This is remedied by the teachings of Ishii et al.
Ishii et al., are in the field of colored resin compositions [abstract] and teach wherein at least one of one or more coloring agents is selected from the group consisting of a mineral [abstract, (C) 0.1-20 pts. wt. pigment; ¶ 0030], The (C) pigment in the present invention is a coloring material that is not soluble in water or oil, and is broadly divided into inorganic pigments and organic pigments. Examples of inorganic pigments include natural mineral pigments, synthetic inorganic pigments, ceramic pigments, and the like), an animal product, and a plant product [abstract, (C) 0.1-20 pts. wt. pigment; ¶ 0031], In addition, coloration of dark colors such as black or dark blue is particularly difficult, and it was necessary to blend a large amount of pigments such as carbon black; ¶ 0032], Furthermore, examples of the carbon black include, but are not limited to, channel blacks, furnace blacks, acetylene blacks, anthracene blacks, oil smoke, pine smoke, plant black, animal black, graphite, and the like). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the fiber of Dugan to include wherein at least one of one or more coloring agents is selected from the group consisting of a mineral, an animal product, and a plant product as taught by Ishii et al., One would have been motivated to do so for the benefit of forming a core-sheath fiber material comprising additional components including, without limitation, pigments [Dugan; column 6, lines 3-11 and 66-67] such that a pigment is selected based on desired color from minerals or when dark black color is desired form various carbon blacks including, but not limited to, animal black and plant black [Ishii et al., -abstract; ¶¶ 0030-0032].
Regarding Claim 78, where Applicant seeks that the method of claim 66, wherein at least one of the one or more coloring agents is selected from the group consisting of bone black, mica, and an iron oxide; Ishii et al., teach what is set forth above in Claim 77 but fail to explicitly disclose wherein at least one of the one or more coloring agents is selected from the group consisting of bone black, mica, and an iron oxide.
Ishii et al., are in the field of colored resin compositions [abstract] and teach wherein at least one of one or more coloring agents is selected from the group consisting of bone black [abstract, (C) 0.1-20 pts. wt. pigment; ¶ 0031], In addition, coloration of dark colors such as black or dark blue is particularly difficult, and it was necessary to blend a large amount of pigments such as carbon black; ¶ 0032, Furthermore, examples of the carbon black include, but are not limited to, channel blacks, furnace blacks, acetylene blacks, anthracene blacks, oil smoke, pine smoke, plant black, animal black, i.e., bone black, graphite, and the like), mica, and an iron oxide [¶ 0030], Specific examples of preferable pigments that are used include carbon black, titanium oxide, iron oxide, red iron oxide and one or more types of pigments is used.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the fiber of Dugan to include wherein at least one of one or more coloring agents is selected from the group consisting of bone black, and an iron oxide as taught by Ishii et al., for the benefit of forming a core-sheath fiber material comprising additional components including, without limitation, pigments [Dugan; column 6, lines 3-11 and 66-67] selected to achieve dark black color which can be imparted using various carbon blacks including, but not limited to, animal black in a sufficient amount to achieve the desired dark black color but yet not diminish impact strength and mechanical properties [Ishii et al., abstract; and ¶¶ 0030-0032].
Claim(s) 76 is/are rejected under 35 U.S.C. 103 as being unpatentable over USPN 6,441,267 issued to Dugan in view of JP 4923775 issued to Ishii et al. as applied to claims 66, 72-75, 77 and 78 above, and further in view of CN 102746626 issued to Yu et al.
Regarding Claim 76, where Applicant seeks that the method of claim 75, wherein the mixture of solids comprising PLA further includes the DOPO with about 1 weight % (wt. %) to about 20 wt. % DOPO; Dugan modified by Ishii et al. teach what is set forth above and specifically the use of phosphate based flame retardants but do not explicitly teach the amount or that the flame retardant is DOPO.
This is remedied by the teachings of Yu et al.
Yu et al., is from the same art of endeavor and they too make PLA fiber that are functionalized with flame retardants. Their flame retardant of choice is DOPO. A person having ordinary skill in the art before the effective filing date of the invention would have chosen to use DOPO as the flame retardant of choice in the PLA fiber of Dugan modified by Ishii et al. One would have been motivated to do so to provide excellent flame retardancy that is smokeless and non-toxic as shown by Yu et al.
Yu et al. also teaches that the amount is 1-20 wt. %. [¶ 20].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2010/0048082 A1 to Topolkaraev et al.
Topolkaraev teaches a method of preparing a fiber [abstract]. A method for forming a biodegradable polylactic acid suitable for use in both monocomponent and multicomponent (this includes bicomponent see ¶ 0014) fibers, wherein the method comprises: (a) preparing a first mixture of solids comprising polylactic acid (PLA) [¶ 0002], The method comprises melt processing a first polylactic acid at a water content of from about 500 to about 5000 parts per million ("ppm"), based on the dry weight of the first polylactic acid.); and a fiber comprising a polylactic acid (PLA) (abstract, A method for forming a biodegradable polylactic acid suitable for use in fibers).
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/Arti Singh-Pandey/
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Art Unit 1759
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