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 .
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2 and 6 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 is rendered indefinite because the claim can include two different ranges for the lignin present in the mixture. It is unclear if the mixture of solids includes up to about 30 weight % or about 10 wt%. For purposes of examination, Examiner is interpreting the claim to refer to up to 30 weight %.
Claim 6 is rendered indefinite because the claim can include two different ranges for the PAN viscosity average molecular weight. It is unclear if the range is 50 kilograms per mole to about 250 kilograms per more OR about 80 kg/mol. For purposes of examination, Examiner is interpreting the claim to refer to 50 kilograms per mole to about 250 kilograms per more.
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 10-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heine et al., WO2013/020919.
Regarding claims 1, 3, 12, 14, Heine discloses in paragraph 0042-0043 a precursor fiber which contains polyacrylonitrile, lignin and a solvent wherein the precursor fibers can be produced by carbonization and graphitization. Paragraph 0042 discloses melt spinning. Paragraph 0047 discloses that the solvent is DMSO.
Regarding claim 2, paragraph 0019 discloses that lignin is kraft softwood. Paragraph 0022 discloses a lignin content of at least 30 wt%
Regarding claims 4-5, paragraph 0014 discloses methyl acrylate as a co-monomer with acrylonitrile at up to 6 wt%. Methyl acrylate has a molecular weight of 86.090 g/mol. With the methyl acrylate being present in the amount of 6 wt%, the mole amount of vinyl acetate is present up to 15 mole %. The methyl acrylate co-monomer in the Heine reference is encompassed in Applicant’s claimed range of up to 15 mol%.
Regarding claim 7, the title discloses that the materials used for producing the precursor are formed from renewable sources.
Regarding claim 8, paragraph 0047 discloses one or more additives.
Regarding claim 10 , paragraph 0048 discloses that the individual polymer components are in solid form.
Regarding claim 11, paragraph 0050 discloses a post-treatment which can include washing.
Regarding claim 13, paragraph 0063 discloses a fiber diameter of 6 to 10 µm.
Claims 1, 4-5, 9-10 and 13-14 rejected under 35 U.S.C. 102(a)(1) & (a)(2) as being anticipated by Alves, U.S. Pre Grant Publication 20180282535, as evidenced by Chemical Book, Gycerol.
Regarding claim 1, 4-5, Alves discloses a melt spinning process by using a composition containing polyacrylonitrile lignin and solvent, glycerol [see Example 1]. Example 1 discloses PAN copolymerized with 6 wt% vinyl acetate, kraft lignin and glycerol Chemical Book, Glycerol provides evidence that the glycerol is a meltable solvent, Vinyl acetate has a molecular weight of 86.090 g/mol. With the vinyl acetate being present in the amount of 6 wt%, the mole amount of vinyl acetate is present up to 15 mole %. The vinyl acetate co-monomer in the Alves reference is encompassed in Applicant’s claimed range of up to 15 mol%.
Regarding claim 9, paragraph 0028 discloses that the extruder operates in a temperature range of 150 ºC to 250 ºC.
Regarding claim 10, paragraph 0027 discloses the blend is in pellet form.
Regarding claims 13-14, paragraph 0033 discloses that fibers can have a diameter ranging from 10 to 50 µm.
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 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Heine et al., WO2013/020919 in view of Atkins et al., U.S. Pre Grant Publication 2020/0248339.
Regarding claims 15-20, Heine discloses in paragraph 0042-0043 a precursor fiber which contains polyacrylonitrile, lignin and a solvent wherein the precursor fibers can be produced by carbonization and graphitization. Paragraph 0042 discloses melt spinning. Paragraph 0047 discloses that the solvent is DMSO. Paragraph 0050 of Heine discloses a post-treatment which can include washing. Paragraph 0014 of Heine discloses methyl acrylate as a co-monomer with acrylonitrile at up to 6 wt%. Methyl acrylate has a molecular weight of 86.090 g/mol. With the methyl acrylate being present in the amount of 6 wt%, the mole amount of vinyl acetate is present up to 15 mole %. The methyl acrylate co-monomer in the Heine reference is encompassed in Applicant’s claimed range of up to 15 mol%. Heine discloses in paragraph 0042-0043 a precursor fiber which contains polyacrylonitrile, lignin and a solvent wherein the precursor fibers can be produced by carbonization and graphitization. Paragraph 0042 discloses melt spinning.
Heine is silent to the mixture being substantially free of water. Atkins discloses a process for forming a stabilized precursor that is suitable for the manufacture of carbon fiber [abstract and 0001]. Additionally, Atkins discloses in the abstract that the process can convert a precursor comprising polyacrylonitrile into a stabilized precursor with greater efficiency. Paragraphs 0097 and 0101 discloses polyacrylonitrile copolymers of acrylonitrile with at least one monomer such as methyl acrylate, vinyl acetate, vinyl chloride. It is disclosed in paragraph 0114 of Atkins that the mixture can include a blend of polyacrylonitrile with lignin. Paragraph 0137 of Atkins discloses that the mixture is substantially free of water. Heine and Atkins are analogous art in that both references are directed to a precursor fiber formed from a mixture or polyacrylonitrile and lignin. One of ordinary skill in the art before the effective filing date of the invention would utilize a mixture of lignin, polyacrylonitrile and a solvent substantially free of water in Heine for the benefit of obtaining an enhanced stabilized precursor.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMIE S THOMPSON whose telephone number is (571)272-1530. The examiner can normally be reached 8:30 am - 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Boyd, can be reached at 571-272-7783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786
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