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 § 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.
Claims 1-5 and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al., U.S. Patent Number 6,562,257, as evidenced by Wikipedia, Polyethylenimine, and further evidenced by Aschenbeck et al., EP0710631.
Regarding claims 1-5 and 7-9, Chen discloses a loose-fill insulation [title] comprising glass fibers [abstract] and wherein the glass fibers have a sizing composition including a lubricant with the lubricant being present in the amount of 0.01-2.5 wt%, preferably from 0.05 to 0.50 wt%, based on the total weight of the glass fibers [column 3, lines 12-16]. Reference claim 1 discloses a pourable or blowable loose-fill insulation product comprising a plurality of glass fibers. Column 3, lines 19-33 discloses that the lubricant can include a lubricant disclosed in U.S. Patent Number 3,597,265 [Mecklenborg et al.,] as incorporated by reference. Mecklenborg discloses a lubricant for glass fibers which comprises partially amidated polyalkylenimines [Mecklenborg, column 1, lines 10-13]. Additionally, Mecklenborg discloses in column 1, that the lubricant compounds include a reaction product of a mixture of C₂ to C₁₈ fatty acids with a polyethylenimine [polyamine]. Stearic acid is a C₁₈ fatty acid. Examiner is corresponding Chen's lubricant as the modifying agent. Column 3, lines 24-26 of Chen discloses K12 lubricant. The abstract of Chen discloses loose fill insulation comprising glass fibers which are compressed and packaged. Chen also discloses that the glass fibers include a lubricant [column 2, line 54-59; column 3, lines 4-31] Wikipedia, Polyethylenimine provides evidence that polyethylenimine is a catatonic polymer. Aschenbeck provides evidence in Example 5 that K12 lubricant is a fatty acid amide made by combining tetraethylenepentamine with stearic acid.
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.
Claim 6 is rejected under 35 U.S.C. 102(a)(1)as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Chen et al., U.S. Patent Number 6,562,257, as evidenced by Wikipedia, Polyethylenimine, and further evidenced by Aschenbeck et al., EP0710631.
Regarding claim 6, Chen et al., U.S. Patent Number 6,562,257, as evidenced by Wikipedia, Polyethylenimine, and further evidenced by Aschenbeck et al., EP0710631 teaches the claimed invention but fails to teach wherein the modifying agent is
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It is reasonable to presume that the modifying agent
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is inherent to the combination of Chen et al., U.S. Patent Number 6,562,257, as evidenced by Wikipedia, Polyethylenimine, and further evidenced by Aschenbeck et al., EP0710631. Said presumption is based on the disclosure of Chen’s loose-fill insulation [title] comprising glass fibers [abstract] and wherein the glass fibers have a sizing composition including a lubricant with the lubricant being present in the amount of 0.01-2.5 wt%, preferably from 0.05 to 0.50 wt%, based on the total weight of the glass fibers [column 3, lines 12-16]. Reference claim 1 discloses a pourable or blowable loose-fill insulation product comprising a plurality of glass fibers. Column 3, lines 19-33 discloses that the lubricant can include a lubricant disclosed in U.S. Patent Number 3,597,265 [Mecklenborg et al.,] as incorporated by reference. Mecklenborg discloses a lubricant for glass fibers which comprises partially amidated polyalkylenimines [Mecklenborg, column 1, lines 10-13]. Additionally, Mecklenborg discloses in column 1, that the lubricant compounds include a reaction product of a mixture of C₂ to C₁₈ fatty acids with a polyethylenimine [polyamine]. Stearic acid is a C₁₈ fatty acid. Examiner is corresponding Chen's lubricant as the modifying agent. Column 3, lines 24-26 disclose K12 lubricant. The abstract of Chen discloses loose fill insulation comprising glass fibers which are compressed and packaged. Chen also discloses that the glass fibers include a lubricant [column 2, line 54-59; column 3, lines 4-31] Wikipedia, Polyethylenimine provides evidence that polyethylenimine is a catatonic polymer. Aschenbeck provides evidence in Example 5 that K12 lubricant is a fatty acid amide made by combining tetraethylenepentamine with stearic acid. Burden is upon Applicant to prove otherwise Fitzgerald, In re, 619 F.2d 67, 205 USPQ 594 (CCPA 1980).
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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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786
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