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 .
Status of Claims
Claims 1-17 and 21-24 are pending.
Applicants have amended the claims with additional features and also added new claims 21-24 in their latest response.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-17 have been considered but are moot because the new ground of rejection has been made with a new reference provided to teach the new features that have been added in the claims. It is noted that the claims were amended based upon discussions with the applicant’s representative and suggested by the Examiner concerning the chitosan material. Whereupon, after further consideration and search, it is noted that the use of chitosan in fibers are known in the art. The YOUNG (US 5432000 A) reference teaches of fibers and includes adhered particulate materials in the background summary in Col. 3, lines 48-54, and include teach the listing of talc and mica in Col. 11, lines 63-67, and chitosan particles and of diatomaceous earth in Col. 13, lines 1-4.
The rejection of the claims are now rejected based upon the new search and incorporation of the YOUNG reference.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-16, and 21-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZHU (CN 107022799 A, see also attached machine translation NPL document) in view of CARL (US 20210002801 A1) and YOUNG (US 5432000 A).
Re 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 and of chitosan blending with the mesoporous base material as a powder which are distributed along the stands of the cooling fiber.
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]).
In regards to the chitosan and mesoporous base material upon the fiber, the YOUNG reference teaches of fibers and includes adhered particulate materials in the background summary in Col. 3, lines 48-54, particularly of fibers with a binder material coating that adheres solid particulate material to the fibers, see Col. 1, lines 18-20, and include teach the listing of talc and mica in Col. 11, lines 63-67, and chitosan particles and of diatomaceous earth in Col. 13, lines 1-4, with the different particulate materials are known for properties that are used upon the coated fibers.
It would have been obvious to one of ordinary skill in the art to have further modify the process of the modified ZHU with particulates of chitosan and diatomaceous earth, talc, or mica as taught by YOUNG for known particulate materials that can be upon the fibers, see Col. 13, lines 31-34.
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, see also YOUNG, Col. 11, line 47 to Col. 13, line 35 that includes teaching of talc, mica, aluminum, magnesium, zeolite).
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).
Re 21 (upon 2), further comprising micronizing the high specific heat material to reduce a particle size of the high specific heat material to a nanometer range.
(see ZHU NPL Machine Translation see page 4 - the diameter of the material being 100 nm-2000 nm).
Re 22 (upon 21), wherein micronizing the high specific heat material includes high-energy milling of the high specific heat material.
(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 23 (upon 2), wherein the phase change material, the high specific heat material, and the chitosan are distributed uniformly throughout the compound powder.
(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. Whereupon, it would been obvious by one of ordinary skill in the art to recognize this teaching as being distributed uniformly via the dispersion.)
Re 24 (upon 2), wherein the phase change material, the high specific heat material, and the chitosan are distributed uniformly along a length of the one or more strands of the cooling fiber.
(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. Whereupon, it would been obvious by one of ordinary skill in the art to recognize this teaching as being distributed uniformly via the dispersion.)
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZHU in view of CARL and YOUNG as applied to claim 1 above, and further in view of MENNING (US 2013/0302583 A1, see IDS).
Re 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 and YOUNG fail 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, with chitosan being an emphasis in the consideration during the search.
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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