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 .
DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 16 and 17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding claim 16, line 2 recites ‘an electrostatic conveyor belt’, but claim 14, line 7 recites ‘an electrostatic conveyor belt’. It is unclear if these are the same belt or a different belt.
Claim 17 recites the limitation "the mechanical fiber-treatment means" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
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 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 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 of this title, 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 1-8, 11-15, 18-24, 26-32, and 34-39 are rejected under 35 U.S.C. 103 as being unpatentable over Wu (CN109881306) (translation provided in IDS dated 11/5/2024) in view of Rowe (USP 6,061,876).
Regarding claim 1, Wu discloses an extraction module for extracting synthetic fiber material from mixed textile waste fiber material (paragraph 0004), comprising or being core-yarn waste fiber material, containing synthetic fiber material and natural fiber material (paragraph 0012-0013), the extraction module comprising: a. an electrostatic charging unit that is configured to be mountable at a textile recycling machine for electric charging a fiber fleece of the mixed textile fiber material and/or for moving charged synthetic fiber material closer to a surface of the fiber fleece (paragraphs 0013 where electrostatic adsorption is applied to the material), and b. a separation stage comprising separation means for removing a layer of the fiber fleece containing an increased or decreased concentration of the synthetic fiber material (paragraph 0013 where electrostatic separation is carried out after adsorption), but Wu does not disclose the separation means comprise mechanical separation means that are configured to remove a surface layer containing an increased concentration of the synthetic fiber material and/or the separation means comprise mechanical separation means that are configured to remove a layer, in particular opposite surface layer or volume layer, of the natural fiber material containing a decreased concentration of the synthetic fiber material. Rowe teaches the separation means comprise mechanical separation means that are configured to remove a surface layer containing an increased concentration of the synthetic fiber material (col. 5, lines 20-27; carding removing materials from the fiber material) and/or the separation means comprise mechanical separation means that are configured to remove a layer, in particular opposite surface layer or volume layer, of the natural fiber material containing a decreased concentration of the synthetic fiber material (col. 5, lines 20-27; carding removing materials from the fiber material) for the purpose of processing recycled yarn into reusable fibers (col. 2, lines 3-11). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Wu, as taught by Rowe, for the purpose of processing recycled yarn into reusable fibers.
Regarding claim 2, Wu does not explicitly disclose the electrostatic charging unit is configured to be mounted or retrofitted, at a fine opening stage of the textile recycling machine. However, before the time the invention was effectively filed, it would have been an obvious matter of design choice to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to mount a device because Applicant has not disclosed that a specific mounting provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Wu, and applicant’s invention, to perform equally well with either mounting because both mounting apparatuses would perform the same function of mounting a charging unit for the purpose of electrostatically assisting in the separation of fibers.
Regarding claim 3, Wu does not explicitly disclose the electrostatic charging unit is configured to be mounted or retrofitted, after a carding stage of the textile recycling machine. However, before the time the invention was effectively filed, it would have been an obvious matter of design choice to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to mount a device because Applicant has not disclosed that a specific mounting provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Wu, and applicant’s invention, to perform equally well with either mounting because both mounting apparatuses would perform the same function of mounting a charging unit for the purpose of electrostatically assisting in the separation of fibers.
Regarding claim 4, Wu discloses an electrical interface for providing electric power to the electrostatic charging unit (paragraph 0045 where the powering on of the apparatus requires an electrical interface to conduct power to the charging unit), and/or further comprises comprising mounting means configured for mounting or retrofitting the electrostatic charging unit to the textile recycling machine.
Regarding claim 5, Wu discloses the separation means comprise electrical separation means for applying an electric separation field to the charged fiber fleece for moving or further moving the charged synthetic fiber material closer to the surface of the fiber fleece (paragraph 0013 electrical separation).
Regarding claim 6, Wu discloses the electrical separation means comprise electrodes for applying the electric separation field to the charged fiber fleece (paragraph 0021 polar plates) and/or comprise an electric roller or an electrostatic conveyor belt for electric charging the synthetic fiber material and/or electrically attracting the charged synthetic fiber material.
Regarding claim 7, Wu discloses the separation means comprise mechanical fiber-treatment means for treating the charged fiber fleece in order to further move the charged synthetic fiber material closer to the surface of the fleece (paragraph 0010 fiberizing treatment) when exposed to the electrostatic separation field.
Regarding claim 8, Wu does not disclose the claim limitations. Rowe teaches the mechanical fiber-treatment means comprise a carding roller for carding the charged fiber fleece (col. 5, lines 20-27; carding plates on a roller) for the purpose of processing recycled yarn into reusable fibers (col. 2, lines 3-11). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Wu, as taught by Rowe, for the purpose of processing recycled yarn into reusable fibers.
Regarding claim 11, Wu does not disclose the claim limitations. Rowe teaches the mechanical separation means comprises at least one separation tool selected from the group consisting of: a tee roller, a knife, a skiving tool, -a knock- off toll, a brush, a brush roller, a grate, or combinations thereof (col. 5, lines 20-27; carding surfaces having a granular surface removing materials from the fiber material) for the purpose of processing recycled yarn into reusable fibers (col. 2, lines 3-11). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Wu, as taught by Rowe, for the purpose of processing recycled yarn into reusable fibers.
Regarding claim 12, Wu discloses the separation stage is a separation unit that is configured to be mounted or retrofitted to the textile recycling machine (paragraphs 0002 and 0006).
Regarding claim 13, Wu discloses the separation unit comprises an electric interface for providing power for driving the separation means (paragraph 0045 where the powering on of the apparatus requires an electrical interface to conduct power to the charging unit) and/or further comprises mounting means configured for mounting or retrofitting the mechanical separation unit to the textile recycling machine.
Regarding claim 14, Wu discloses the separation stage is or comprises modified parts of the recycling machine (paragraphs 0009-0010) the modified parts of the textile recycling machine comprise one or more of: a roller retrofitted with electric or triboelectric means to obtain an electrically chargeable roller; an electric roller retrofit-mounted in proximity to a fiber fleece path in the recycling machine; an electric separation-field generating means (paragraph 0013), e.g. comprising or being stationary electrodes or an electrostatic conveyor belt, retrofit-mounted in proximity to a fiber fleece path in the recycling machine; and combinations thereof.
Regarding claim 18, Wu does not disclose the claim limitations. Rowe teaches the mechanical fiber-treatment means comprises a carding roller rotating in a transportation direction of the fiber fleece for carding and moving the fiber fleece into the electrostatic separation field of the electric separation means (see Fig. 3 and col. 5, lines 20-27; carding removing materials from the fiber material) for the purpose of processing recycled yarn into reusable fibers (col. 2, lines 3-11). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Wu, as taught by Rowe, for the purpose of processing recycled yarn into reusable fibers.
Regarding claim 19, Wu does not disclose the claim limitations. Rowe teaches the mechanical separation means comprise a counter-rotating roller, in the form of a brush roller, for separating a first layer, that is a volume layer, of the fiber fleece containing the natural fiber material with a decreased concentration of the synthetic fiber material from a second layer, that is a surface layer, containing an increased concentration of the synthetic fiber material, in particular when adhering to the electric separation means, in the form an electrostatic conveyor belt (see Fig. 3 and col. 5, lines 20-27; carding surfaces having a granular surface removing materials from the fiber material) for the purpose of processing recycled yarn into reusable fibers (col. 2, lines 3-11). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Wu, as taught by Rowe, for the purpose of processing recycled yarn into reusable fibers.
Regarding claim 20, Wu discloses a textile recycling machine for treating a fleece of waste yarn containing synthetic fiber material and natural fiber material, in particular a fine opening stage or carding stage of a textile recycling machine, wherein the textile recycling machine comprises or is retrofitted with at least one extraction module for extracting synthetic fiber material from mixed textile waste fiber material, comprising or being core-yarn waste fiber material, containing synthetic fiber material and natural fiber material, the extraction module comprising: a) an electrostatic charging unit that is configured to be mountable at a textile recycling machine for electric charging a fiber fleece of the mixed textile fiber material and/or for moving charged synthetic fiber material closer to a surface of the fiber fleece (paragraphs 0013 where electrostatic adsorption is applied to the material), and b) a separation stage comprising separation means for removing a layer of the fiber fleece containing an increased or decreased concentration of the synthetic fiber material (paragraph 0013 where electrostatic separation is carried out after adsorption), but Wu does not disclose the separation means comprise mechanical separation means that are configured to remove a surface layer containing an increased concentration of the synthetic fiber material and/or the separation means comprise mechanical separation means that are configured to remove a layer, in particular opposite surface layer or volume layer, of the natural fiber material containing a decreased concentration of the synthetic fiber material. Rowe teaches the separation means comprise mechanical separation means that are configured to remove a surface layer containing an increased concentration of the synthetic fiber material (col. 5, lines 20-27; carding removing materials from the fiber material) and/or the separation means comprise mechanical separation means that are configured to remove a layer, in particular opposite surface layer or volume layer, of the natural fiber material containing a decreased concentration of the synthetic fiber material (col. 5, lines 20-27; carding removing materials from the fiber material) for the purpose of processing recycled yarn into reusable fibers (col. 2, lines 3-11). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Wu, as taught by Rowe, for the purpose of processing recycled yarn into reusable fibers.
Regarding claim 21, Wu does not explicitly disclose the at least one extraction module comprises two or more extraction modules. However, before the time the invention was effectively filed, it would have been an obvious matter of design choice to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to utilize at least two extraction modules because Applicant has not disclosed that number of extraction modules provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Wu, and applicant’s invention, to perform equally well with any desired extraction modules would perform the same function of extracting fiber for the purpose of recycling mixed yarn waste.
Regarding claim 22, Wu does not disclose the claim limitations. Rowe teaches the separation means comprises an electric separation-field generating means or an electrostatic conveyor belt that is mounted on top of a carding device of the textile recycling machine and/or replaces a cover of the carding device (see Fig. 3 and col. 5, lines 20-27; carding surfaces having a granular surface removing materials from the fiber material) for the purpose of processing recycled yarn into reusable fibers (col. 2, lines 3-11). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Wu, as taught by Rowe, for the purpose of processing recycled yarn into reusable fibers.
Regarding claim 23, Wu does not disclose the claim limitations. Rowe teaches the carding device of the textile recycling machine comprises the mechanical fiber-treatment means and the mechanical separation means (col. 4, lines 64+ and col. 5, lines 1-27 where there are carding plates and wire clothing) for the purpose of processing recycled yarn into reusable fibers (col. 2, lines 3-11). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Wu, as taught by Rowe, for the purpose of processing recycled yarn into reusable fibers.
Regarding claim 24, Wu does not disclose the claim limitations. Rowe teaches fleece transportation means for delivering the fleece to and from the extraction module (col. 4, lines 4-15; feeding conveyor) for the purpose of processing recycled yarn into reusable fibers (col. 2, lines 3-11). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Wu, as taught by Rowe, for the purpose of processing recycled yarn into reusable fibers.
Regarding claim 26, Wu discloses the extraction module does not comprise pneumatic means for transporting the fleece of the mixed textile waste fiber material, and/or wherein the extraction module does not comprise chemical means for extracting fiber material components (paragraph 0024).
Regarding claim 27, Wu discloses the fleece of waste yarn is cleaned from the synthetic fiber material to obtain recycled natural fiber of a quality sufficient for reuse in fiber spinning, in particular fiber rotor spinning (paragraph 0014).
Regarding claim 28, Wu discloses a method for extracting synthetic fiber material from a fleece of mixed textile waste fiber material containing a synthetic fiber material and a natural fiber material, in particular the method being implemented by an extraction module of claim 1, the method comprising the method steps of: a. exposing the fleece to an electrostatic charging field provided by an electrostatic unit for electrostatic charging the synthetic fiber material in the fleece (paragraph 0013; electrostatic adsorption), b. applying an electrostatic separation field provided by electric field- generating means for providing a movement direction of the charged synthetic fiber material towards a surface layer of the fleece (paragraph 0013; electrostatic separation), c. mechanically treating the fleece by mechanical fiber-treatment means for promoting movement of the charged synthetic fiber material towards the surface layer of the fleece, in particular when the fleece is exposed to the electrostatic separation field (paragraph 0018; fiberizing treatment), and d. removing a layer containing an increased or decreased concentration of the synthetic fiber material by separation means, in particular mechanical separation means (paragraph 0024; physical separation).
Regarding claim 29, Wu does not disclose the claim limitations. Rowe teaches in step d.: removing the surface layer containing an increased concentration of the synthetic fiber material by the electric separation means, and/or removing an opposite surface layer or a volume layer of the natural fiber material containing a decreased concentration of the synthetic fiber material by the mechanical separation means (see Fig. 3 and col. 5, lines 20-27; carding surfaces having a granular surface removing materials from the fiber material) for the purpose of processing recycled yarn into reusable fibers (col. 2, lines 3-11). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Wu, as taught by Rowe, for the purpose of processing recycled yarn into reusable fibers.
Regarding claim 30, Wu does not disclose the claim limitations. Rowe teaches at least one of the method steps of: a0. carding the fiber fleece before step a. b0. carding the fiber fleece after step a. and before step b., and c0. carding the fiber fleece after step b. and before step c (see Fig. 3 and col. 5, lines 20-27; carding surfaces having a granular surface removing materials from the fiber material) for the purpose of processing recycled yarn into reusable fibers (col. 2, lines 3-11). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Wu, as taught by Rowe, for the purpose of processing recycled yarn into reusable fibers.
Regarding claim 31, Wu does not disclose the claim limitations. Rowe teaches the step d. comprises at least one of: tee rolling, kniving, skiving, knocking-off, brushing or grating the fiber fleece for removing the layer or surface layer (col. 5, lines 20-27; carding surfaces having a granular surface removing materials from the fiber material) for the purpose of processing recycled yarn into reusable fibers (col. 2, lines 3-11). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Wu, as taught by Rowe, for the purpose of processing recycled yarn into reusable fibers.
Regarding claim 32, Wu discloses the fleece of mixed textile waste fiber material contains the synthetic fiber material in an initial concentration range of at most 10%, preferred at most 5%, more preferred at most 3%, more preferred at most 2%; and/or wherein the fleece of mixed textile waste fiber material comprises or is core-yarn textile waste fiber material (paragraph 0046); and/or wherein the fleece does not contain blended-fabrics textile waste fiber material.
Regarding claim 34, Wu does not explicitly disclose the additional method step of repeating at least one of: the combined steps a. and b. or the step c. or the step d. or a combination thereof, until the recycled natural fiber is obtained in a quality that is sufficient for reuse in a fiber spinning process, in particular fiber rotor spinning process. However, before the time the invention was effectively filed, it would have been an obvious matter of design choice to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to electrostatically separate fibers because Applicant has not disclosed that multiple extraction modules provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Wu, and applicant’s invention, to perform equally well with either amount of extraction modules because both extraction modules would perform the same function of fiber separation for the purpose of electrostatically separate fibers.
Regarding claim 35, Wu discloses a fleece of mixed textile waste fiber material, in particular comprising or being core-yarn waste, containing a synthetic fiber material and a natural fiber material is formed, wherein the method for extracting synthetic fiber material from the fleece is performed according to claim 28 (paragraph 0038).
Regarding claim 36, Wu discloses method for retrofitting a textile recycling machine with an extraction module according to any one of the Method for retrofitting a textile recycling machine with an extraction module according to any one of the comprising the method steps of: a. providing at least one extraction module, each extraction module comprising an electrostatic charging unit and a separation stage, in particular separation unit (paragraph 0013), b. mounting the electrostatic charging unit to the textile recycling machine and providing electric power to the electrostatic charging unit (paragraph 0045), and c. mounting the separation stage to the textile recycling machine and providing electric power to the separation stage (paragraph 0045).
Regarding claim 37, Wu does not explicitly disclose the electrostatic charging unit is retrofitted to a fine opening stage of the recycling machine; and/or wherein the separation stage is retrofitted to a fine opening stage of the textile recycling machine. However, before the time the invention was effectively filed, it would have been an obvious matter of design choice to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to mount a device because Applicant has not disclosed that a specific mounting provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Wu, and applicant’s invention, to perform equally well with either mounting because both mounting apparatuses would perform the same function of mounting a charging unit for the purpose of electrostatically assisting in the separation of fibers.
Regarding claim 38, Wu discloses a fine opening stage or carding stage of the textile recycling machine comprises or is retrofitted with the at least one extraction module (col. 5, lines 20-27; carding removing materials from the fiber material).
Regarding claim 39, Wu does not disclose the claim limitations. Rowe teaches the fleece transportation means comprise a feeding conveyor belt, an exit conveyor belt, and optionally a rearward conveyor belt for refeeding the fleece to at least one of the extraction modules (elements 15 and 126) for the purpose of processing recycled yarn into reusable fibers (col. 2, lines 3-11). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Wu, as taught by Rowe, for the purpose of processing recycled yarn into reusable fibers.
Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Rowe and in further view of Ihara et al (US Pub 2023/0405604 A1).
Regarding claim 16, Wu in view of Rowe does not disclose the claim limitations. Ihara teaches the electric separation-field generating means comprise an electrostatic conveyor belt, which is movable by a drive and comprises an electrically charged pick-up region for attracting the charged synthetic fiber material and a release region for discarding the synthetic fiber material (paragraph 0022), in particular by a brush cleaner or suction cleaner for the purpose of providing a capture region for charged particle separation. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Wu in view of Rowe, as taught by Ihara, for the purpose of providing a capture region for charged particle separation.
Regarding claim 17, Wu in view of Rowe does not disclose the claim limitations. Ihara teaches the electrostatic conveyor belt is arranged above the mechanical fiber-treatment means and/or above the mechanical separation means (paragraph 0022 and see Fig. 1) for the purpose of providing a capture region for charged particle separation. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Wu in view of Rowe, as taught by Ihara, for the purpose of providing a capture region for charged particle separation.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Rowe and in further view of Frolov et al (USP 3,867,741).
Regarding claim 25, Wu in view of Rowe does not disclose the claim limitations. Frolov teaches a suction roller, which is arranged after the separation stage of the extraction module and serves for recondensing the fiber fleece containing the natural fiber material obtained from the extraction module with improved purity (col. 9, lines 11-19) for the purpose of collecting layers of fiber for further processing. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Wu in view of Rowe, as taught by Frolov, for the purpose of collecting layers of fiber for further processing.
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Rowe and in further view of Kimbrell, Jr. et al (US Pub 2004/0137818 A1).
Regarding claim 33, Wu in view of Rowe does not disclose the claim limitations. Kimbrell teaches the synthetic fiber material is or comprises polyurethane (paragraph 0059) or elastan; and/or wherein the synthetic fiber material is not or does not comprise polyester as an obvious combination of materials comprising synthetic fibers. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to modify Wu in view of Rowe, as taught by Kimbrell, as an obvious combination of materials comprising synthetic fibers.
Response to Arguments
Applicant's arguments filed 6/5/2026 have been fully considered but they are not persuasive.
Claim Objection
Regarding the claim objection of claim 21, the objection has been withdrawn due to Applicant’s amendment.
Rejection under USC 112
Regarding the rejections under USC 112, the rejections have been withdrawn due to Applicant’s amendment.
Rejection under USC 102 and 103
Regarding Applicant’s argument,” M.P.E.P. § 2142 requires that, in order to establish prima facie obviousness of a claim, an Examiner must clearly articulate reasons with rational underpinnings to support the conclusion of obviousness, and that a rejection based on obviousness cannot be sustained with mere conclusory statements. Further, to establish prima facie obviousness of a claim over a combination of references, the combination of references must teach or suggest all elements of the claim. See Honeywell Int'l V. United States, 596 F.3d 800, 810 (Fed. Cir. 2010) ("Given the failure to prove that the cited references disclose [claim] element (a)(3), the government has failed to carry its burden of proving by clear and convincing evidence that the claimed invention would have been obvious to one of skill in the art.").,” the Examiner disagrees. The Examiner asserts that new rejection of Wu in view Rowe rejects amended claims 1 and 20 as related to the claim limitations previously rejected under Wu in view of Rowe for claims 9 and 10. Rowe teaches the separation means comprise mechanical separation means that are configured to remove a surface layer containing an increased concentration of the synthetic fiber material (col. 5, lines 20-27; carding removing materials from the fiber material) and/or the separation means comprise mechanical separation means that are configured to remove a layer, in particular opposite surface layer or volume layer, of the natural fiber material containing a decreased concentration of the synthetic fiber material (col. 5, lines 20-27; carding removing materials from the fiber material) for the purpose of processing recycled yarn into reusable fibers.
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 Kalyanavenkateshware Kumar whose telephone number is (571)272-8102. The examiner can normally be reached on M-F 08:00-16:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael McCullough can be reached on 571-272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/K.K./Examiner, Art Unit 3653
/MICHAEL MCCULLOUGH/Supervisory Patent Examiner, Art Unit 3653
Prosecution Insights