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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Claims 9-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 07/23/26.
Applicant's election with traverse of Group I, claims 1-8 in the reply filed on 07/23/26 is acknowledged. The traversal is on the ground(s) that . This is not found persuasive. The Office contends that an Examiner generally maintains a restriction requirement by focusing on the separate classification and divergent fields of search. As stated above for (a) the groups are classified in different subclasses, or represent different statuses in the art, which constitutes prima facie showing of a serious burden. The monofilament would be classified in D01F while the method of making the same in D01D or B29C in various subclasses. To properly examine both Groups I and II, they would need to look in different areas, requiring different search queries and strategies, which exceeds the scope of a single, efficient examination. While a thorough search can span multiple classes, the MPEP requires that restriction is proper when the inventions are distinct and searching them together is burdensome.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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.
Claim(s) 1-5. 7 and 8 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by USPUB 20220281150A1 issued to Carbonell et al.
Carbonell et al., teach making a composition for forming a filament including a blend of: (a) from 1 wt % to 40 wt % of a post-consumer recycled material having a density of from 0.910 g/cm3 to 0.940 g/cm3 and a melt index of from 1.0 g/10 min to 5.0 g/10 min; wherein the post-consumer recycled material consists essentially of (ai) from 30 wt % to 99 wt % of a linear low density polyethylene and (aii) from 1 wt % to 70 wt % of a low density polyethylene; and (b) from 60 wt % to 99 wt % of a virgin linear low density polyethylene; wherein the viscosity in pascal-seconds of the virgin linear low density polyethylene is no less than 0.5 times the viscosity of the post-consumer recycled material and no more than 2.0 times the viscosity of the post-consumer recycled material in the range of from 50 rad/s shear rate to 220 rad/s shear rate; a process for making the above filament composition; a filament made from the above filament composition; a process for producing the above filament; an artificial turf made from the above filament; and a process for manufacturing an artificial turf. [Abstract].
Regarding Claim 1, where Applicant seeks artificial turf monofilament comprising:
a sheath comprising a virgin polyolefin polymer, and
a core comprising recycled polyolefin polymer obtained from recycled artificial turf; Applicant is directed to the teachings of Carbonell et al., who discloses a monofilament suitable for artificial turf obtained from recycled plastics (PCR) [¶ 0001]. The composition of the PCR includes different polyolefins [¶¶ 0020-0022 and 0067]. The material is spun to produce a core-sheath monofilament see inventive examples 4 and 5 in table 2 disclosing the core is composed of the recycled polyolefin and the sheath from a virgin LLDPE [¶¶ 0020-0022 and 0067].
Regarding Claim 2, where Applicant seeks that the artificial turf monofilament according to claim 1, wherein the polyolefin polymer in the sheath is polyethylene or polypropylene; Applicant is directed to ¶ 0067, where the instant reference teaches the use of the polyolefin in the sheath to be a polyethylene.
Regarding Claim 3, where Applicant seeks that the artificial turf monofilament according to claim wherein the recycled polyolefin comprises polyethylene, polypropylene or a mixture thereof; Applicant is directed to ¶¶ 0020 and 0067, where the instant reference teaches the use of post-consumer recycled (PCR) material can be polyethylene and polypropylene.
Regarding Claim 4, where Applicant seeks that the artificial turf monofilament according to claim 1, wherein the core comprises recycled polyolefin polymer as the only polymeric component; Applicant is directed to ¶¶ 0020 and 0067, where the instant reference teaches the use of post-consumer recycled (PCR) material can be polyethylene and polypropylene.
Regarding Claim 5, where Applicant seeks that the artificial turf monofilament according to claim 1, wherein the core further comprises UV-protective additives, anti-oxidants, pigments, colorants or any mixture thereof; Applicant is directed to ¶ 0029 and Examples 4 and 5, where the instant reference teaches the use of antioxidants, pigments, colorants, UV stabilizers, UV absorbers, curing agents, cross linking co-agents, boosters and retardants, processing aids, fillers, coupling agents, ultraviolet absorbers or stabilizers, antistatic agents, nucleating agents, slip agents, plasticizers, lubricants, viscosity control agents, tackifiers, anti-blocking agents, surfactants, extender oils, acid scavengers, and metal deactivators, and the like; and mixtures
Regarding Claim 7, where Applicant seeks that the artificial turf monofilament according to claim 1, wherein the core has a corrugated shape; Applicant is directed to ¶ 0074, where the instant reference teaches that the filaments may have the shape of a diamond, as such a corrugated shape.
Regarding Claim 8, where Applicant seeks that the artificial turf comprising the artificial turf monofilament according claim 1; Applicant is directed to the abstract, ¶¶ 0001, 0052-0054 and claim 10, where the instant reference teaches artificial turf made from the monofilament of claim 1.
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 (i.e., changing from AIA to pre-AIA ) 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, 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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over USPUB 20220281150A1 issued to Carbonell et al.
Carbonell et al. teach what is set forth above but do not teach the limitation as sought in Claim 6, where Applicant seeks that the artificial turf monofilament according to claim 5, wherein the core includes pigments comprising chalk or a white pigment; Applicant is directed to ¶ 0029 and Examples 4 and 5, the instant reference teaches the use of pigments and colorants. A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have included white pigment or chalk in monofilament of Carbonell et al. One would have been motivated to do so as it in known that adding a white pigment to any dye base creates a versatile base that allows for multi‑tone blending, improves realism, and ensures even, durable color in artificial grass filaments.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. EP3332067B issued to Noordegraaf et al. Noordegraaf et al., teaches at 0044, making artificial turf using recycled polyethylene.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Arti Singh-Pandey whose telephone number is (571)272-1483. The examiner can normally be reached Monday-Thursday 8:30-5:00 and 8:00-10:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Melvin Mayes can be reached at 571-272-1234. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Arti Singh-Pandey/
Primary Patent Examiner
Art Unit 1759
asp
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