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 .
Examiner acknowledges claim set filed March 10, 2025 including claims 1-9.
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.
Claim 8 is 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 8 is rendered indefinite because of the term “generally”. The term “generally” renders the claim indefinite in that the term is broad and lacks a fixed meaning. For purposes of examination, Examiner is interpreting the claim to refer to a circular, non-circular or tubular cross-sectional shape.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention, so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-9 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-9 of prior U.S. Patent No. 12,247,326. This is a statutory double patenting rejection.
The claims of the present application and the patented reference both recite a non-electrically conductive biregional fiber comprising: an inner core region of a partially oxidized thermoplastic polymeric composition; and a surrounding outer sheath region of a thermoset carbonaceous material; wherein said fiber is ignition resistant and has an LOI (Limiting Oxygen Index) value of greater than 50% as per present claim and reference claim 1.
The claims of the present application and the patented reference both recite wherein the ratio (r:R) of the radius of the inner core region (r) with respect to the total radius of the fiber (R) is from 1:4 to 1:1.05 as per present claim 2 and reference claim 2.
The claims of the present application and the patented reference both recite wherein said carbonized outer sheath region has a density of from 1.9 to 2.0 g/cm.sup.3 as per present claim 3 and reference claim 3.
The claims of the present application and the patented reference both recite wherein said fiber is flexible, has a bending strain value of from greater than 0.01% to less than 50% as per present claim 4 and reference claim 5.
The claims of the present application and the patented reference both recite wherein the fiber has a breaking twist angle from 4 to 13 degrees as per present claim 5 and reference claim 6.
The claims of the present application and the patented reference both recite wherein said fiber is crimped and has an elongatability to break from 15% to 25% as per present claim 6 and reference claim 7.
The claims of the present application and the patented reference both recite wherein the fiber has a surface area of greater than 1 to 150 m.sup.2/g, and a contiguous fiber surface that is substantially free of pits and pores, said surface having micropores representing less than 5% of the total surface area of the fiber as per present claim 7 and reference claim 4.
The claims of the present application and the patented reference both recite wherein the fiber has a circular, non-circular or tubular cross-sectional shape and a diameter of from 1 to 30 micrometers as per present claim 8 and reference claim 8.
The claims of the present application and the patented reference both recite wherein the fiber has a coating of a water insoluble hydrophobic composition comprising a settable or curable composition selected from high molecular weight waxes, haloaliphatic resins, thermoset and thermoplastic resins, ionomers, silicone products, and polysiloxanes as per present claim 9 and reference claim 9.
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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