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 .
Claims 1-17 are pending.
Applicants have canceled claims 18-20 in response to the restriction requirement sent out on 2/12/2026.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 107022799 A (ZHU, see also attached machine translation NPL document) in view of US 20210002801 A1 (CARL).
Regarding claim 1, Zhu discloses a method for producing a cooling fiber with enhanced thermoregulation properties ((Machine Translation) abstract- long acting cool fibre.. when human body heat conduction to the temperature-reducing fibre, phase-change material temperature reducing fibre surface finely by absorbing heat to quickly complete the change of temperature is reduced… also capable of evaporating and vaporizing the adsorbed water vapour in the high specific heat material away body heat body heat… the phase change material may be a phase change is recovered to the original state so as to realize the continuous regeneration of the cooling effect, the long-lasting, cool cooling effect.), the method comprising:
embedding particles of phase change material (22) into a mesoporous base/parent material (21);
blending the base material that has been embedded with the phase change material particles into a compound powder (composite powder 25) and forming a cooling fiber (27) from the compound powder, wherein the phase change material particles are distributed along the cooling fiber (see Figs. 1-2; Machine Translation with claim 1 - Using high-porosity mesoporous material as parent metal (21), phase-transition material (22) is dispersed or dissolved in the filling base material (21) in the pore space, the parent metal (23) obtained in the step (23) with phase change material, the phase change material is mixed with the high specific heat material (24) after, cooling to obtain the composite powder (25), adding the cooling composite powder in different fibre (26), forming a reducing fibre (27) with different cooling effect.).
ZHU fails to disclose forming one or more strands.
However, CARL is drawn to producing a fiber, discloses forming one or more strands of the fiber (see [0061] - The polymeric fiber according to the invention is prepared by melt or solution spinning through spinneret orifices... partial strands a fiber according to the invention can be achieved).
It would have been obvious to one of ordinary skill in the art to have modify the formation of the fibres of ZHU with the forming strands via the spinnerets disclosed by CARL as it allows for forming the desired design including with one spinneret to form a fabric with different layers in one step (see CARL [0020]).
Re 2 (upon 1), Zhu further discloses comprising mixing particles of a high specific heat material into the base material embedded with the phase material.
(see in ZHU Fig. 1; Machine Translation - claim 1- will have phase-transition material parent metal (23) mixed with high specific heat material (24), cooling to obtain composite powder (25)).
Re 3 (upon 2), Zhu further discloses wherein the high specific heat material includes one or more of jade, diatomaceous earth, sepiolite, talc, zeolite, kaolinite, monazite, mica, serpentine, basalt, and oxides of silicon, aluminum, magnesium, sodium, calcium, phosphide, nitride, and silicate.
(see in ZHU NPL Machine Translation pg. 4, silicon alga soil, sepiolite, zeolite, kaolin, talc, mica, jade, serpentine, basalt, silicon, aluminum, magnesium, sodium oxide, phosphide, nitride, silicic acid salts of calcium).
Re 4 (upon 1), ZHU further discloses wherein forming the strands of the cooling fiber includes blending the compound powder with a source into a mixture.
(see ZHU NPL Machine Translation pages 4-5, including proportion of fiber 26, cooling fibre 27, the fibre 26 is natural or chemical synthetic fibre).
lt would have been obvious to one of ordinary skill in the art to modify the formed product of the process of ZHU with the cellulose disclosed by CARL (See Carl, para [0069]) as combining prior art elements according to known methods to yield predictable results.
Re 5 (upon 4), CARL further discloses wherein forming the strands of the cooling fiber further includes dissolving the mixture in a viscose solution.
(see in CARL [0069]- regenerated cellulose (in particular viscose rayon, lyocell), the polymeric fibers from non-thermoplastic polymeric material may be produced e.g. by solution or solvent spinning).
Re 6 (upon 5), CARL further discloses wherein forming the strands of the cooling fiber further includes viscose spinning of die mixture using a spinning machine.
(see in CARL [0061] - The polymeric fiber according to the invention prepared by melt or solution spinning through spinneret orifices; para [0069]- regenerated cellulose (in particular viscose rayon, lyocell).. The polymeric fibers from non-thermoplastic polymeric material may be produced e.g. by solution or solvent spinning).
Re 7 (upon 6), CARL further discloses wherein forming the strands of the cooling fiber further includes extending the mixture through spinneret into a coagulation bath.
(see in CARL [0060]-[0061] - a large circle of spinnerets. The polymeric fiber according to the invention is prepared by melt or solution spinning through spinneret orifices; see [0069] - Regenerated cellulose can be produced by extrusion through capillaries into an acid coagulation bath).
Re 8 (upon 1), CARL further discloses comprising spinning the strands of the cooling fiber into a yarn
(see in CARL [0005] - The single fibers (filaments) can be spun to yarns; [0063] - the invention the fibers (i.e. the as-spun product)),
and adding one or more other fibers to the cooling fiber during spinning, wherein the other fibers are added in a predetermined proportion relative to the cooling fiber.
(see in CARL [0074]- Different types of filaments can be produced in one step by so called multi-shape spinning by using a spinneret with a combination of orifices having different shapes; see [0076] - It is possible to combine fibers of different shapes and/or different sizes and/or different materials).
Re 9 (upon 1), CARL further discloses comprising adding one or more additional types of yarn into the yarn spun from the cooling fiber, and interlacing the yarn with the additional types of yarn to form a fabric structure.
(see in CARL [0088-0089] - The fibers may also be woven together to form sheets of fabric. Thus bonding technique is a method of mechanical interlocking ... A textile structure in the context of the present invention ls defined as woven fabric consisting of at least one layer, preferably more than one layer, single- or multi-layered woven fabric, single-- or multi-layered nonwoven fabric single- or multi-layered knitted fabrics, single- or multi-layered laid scrim fabrics, preferably several layers, consisting of parallel fibres, fibre bundles, yarns, twists or ropes, whereby the individual layers of the parallel fibres or fibre bundles of yams, twists or ropes may be twisted relative to one another, or nonwovens).
Re 10 (upon 1), ZHU further discloses, wherein the base material includes a network of nanopores, within which the phase change material is distributed.
(see ZHU NPL Machine Translation - the mesoporous material of high porosity as base material, see summary of invention page 2).
Re 11 (upon 1), ZHU further discloses wherein the phase change material is distributed via impregnation dispersion technique.
(see ZHU NPL Machine Translation – of phase change material dispersed in the pore of the base, then parent micronization with the phase change material and adsorption in the holes or porous material, see summary in invention, page 2, see also dispersion method is grinding and dispersing or ultrasonic oscillation dispersing or stirring and dispersing, see page 3, and with solution method or hot melting).
Re 12 (upon 1), ZHU further discloses wherein the phase change material is distributed via encapsulation dispersion technique.
(see NPL Machine Translation – page 2 of the phase change material dispersed into the holes or pores of the material which would be seen as encapsulated).
Re 13 (upon 1), ZHU further discloses wherein embedding the phase change material particles into the base material includes dissolving the phase change material particles into pores of the base material using solvents.
(see ZNU NPL Machine Translation pg. 2, of phase change material dispersed in the pore of the base, and of the dissolving, see also dispersion method is grinding and dispersing or ultrasonic oscillation dispersing or stirring and dispersing, see page 3, and with solution method or hot melting).
Re 14 (upon 1), Zhu further discloses comprising micronizing the base material, wherein a particle size of the base material is reduced to nanometer range.
(see ZHU NPL Machine Translation see page 4 - the diameter of the material being 100 nm-2000 nm).
Re 15 (upon 14), ZHU further discloses wherein micronizing the base material includes high-energy milling.
(see ZHU NPL Machine Translation page 4 - the diameter of particle of material is 100 nm-2000 nm, the Porous materials are diatomaceous earth or sepiolite or zeolite or kaolin; mesoporous material is further by cleaning and grinding, the grinding encompassing the claimed milling).
Re 16 (upon 1), ZHU further discloses comprising drying the base material and the phase material prior to blending
(see ZHU NPL Machine Translation page 4 - the diameter of particle of material is 100 nm-2000 nm, the Porous materials are diatomaceous earth or sepiolite or zeolite or kaolin; mesoporous material is further by cleaning, grinding, filtering and drying process).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZHU in view of CARL as applied to claim 1 above, and further in view of US 2013/0302583 A1 (MENNING, see IDS).
Regarding claim 17, ZHU in view of CARL disclose the method of claim 1, ZHU further discloses wherein blending the base material into the compound powder includes mixing (Machine Translation) pg. 4, high specific heat material 24 is mixed into the base 23 of root phase-transition material with 10-80 wt% ratio addition and by mixture grinding distribution to obtain cooling compound cooling powder 25).
ZHU in view of CARL fails to disclose high shear mixing.
However, MENNING drawn to adding phase change material, discloses high shear mixing (para [0031 ] - in general the frothed liquid is created by mechanical methods such as high shear mixing under atmospheric conditions; para [0105]- preparing the froth from the aqueous dispersion). The high shear mixing taught by MENING teaching of dispersion method known in the art that can be applied to the dispersion step within the ZHU process.
It would have been obvious to one of ordinary skill in the art to have modify the process of the modified ZHU with the high shear mixing disclosed by MENNING, see KSR rationale, MPEP 2143, as applying a known technique to a known device (method or product) ready for improvement to yield predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892 form, the cited references generally teaching of fibers having dispersed embedded particles.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL S LUK whose telephone number is (571)272-1134. The examiner can normally be reached Monday-Friday 9 to 5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xiao S Zhao can be reached at 571-270-5343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMANUEL S LUK/Primary Examiner, Art Unit 1744
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