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 § 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.
Claims 1 and 3-15 are rejected under 35 U.S.C. 103 as being unpatentable over Noguchi et al. (PG Pub. 2008/0242802) in view of Kume (WO2019235055).
Regarding claims 1 and 10-12, Noguchi et al. teaches a vinyl chloride based resin comprising a vinyl chloride based composition wherein the vinyl based chloride resin comprises a vinyl based chloride resin A and vinyl chloride based resin B. The vinyl based chloride resin A is a copolymer of vinyl chloride and a macromonomer [Examples]. The vinyl chloride resin B is a vinyl chloride other than vinyl chloride based resin A [Examples]. Noguchi et al. are silent regarding the composition being a fiber, but do teach its use in extrusion and molding. However, Kume et al. teaches vinyl chloride based resin used in making fibers using extrusion with single fiber fineness in the claimed range in order to make artificial hair fibers with good combability [0010 and 0046]. The previous combination is silent regarding the claimed properties. However, given the previous combination teaches such a similar fiber made of such a similar composition, the claimed properties are necessarily inherent to the fiber of the previous combination. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). “When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not.” In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).It would have been obvious to one of ordinary skill in the art to use the fibers of Kume et al. using the composition of Noguchi in order to make artificial hair fibers with good combability and arrive at the claimed invention.
Regarding claim 3, the macromonomer has a reactive functional group at one molecular terminus [0020].
Regarding claim 4, the reactive functional group at one molecular terminus is an allyl group, a vinylsiliyl group, a vinyl ether group, a dicyclopentadienyl group, or groups with a polymerizable double-double carbon bond represented by General Formula I [0020].
Regarding claim 5, the reactive functional group at one molecular terminus is an acryloyl group or crotonate group [0058].
Regarding claim 6, Noguchi et al. teach plasticizer is used at most at 100 parts by mass with respect to 100 parts by mass of a total amount of vinyl chloride based resin A and vinyl based chloride resin B [0049]. As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 7, when a total amount of the vinyl chloride-based resin A and the vinyl chloride-based resin B is taken as 100 mass%, a content of the vinyl chloride-based resin A is 10 to 80 mass%, and a content of the vinyl chloride-based resin B is 20 to 90 mass% [Example 14].
Regarding claim 8, the vinyl chloride-based resin B comprises a vinyl chloride homopolymer [Examples].
Regarding claim 9, Noguchi et al. teach vinyl acetate as the macromonomer thus producing vinyl chloride-vinyl acetate copolymer and teach vinyl chloride homopolymer as the vinyl chloride based resin B in 100 parts by mass [0019 and 0037 and Examples]. Noguchi teaches in the examples the claimed amount of the vinyl chloride based copolymer. Therefore, given the teachings of Noguchi, it would have been obvious to one of ordinary skill in the art to use the vinyl chloride homopolymer as the vinyl chloride based resin B in 100 parts by mass % and the claimed amount of the vinyl chloride based copolymer in order to affect the fiber mechanical properties and achieve the good processability and mechanical properties.
Regarding claims 13-15, Noguchi et al. are silent regarding the claimed method, but teach the claimed composition. However, Kume teaches A method for producing the vinyl chloride-based fiber according to claim 1, comprising a step of obtaining undrawn yarn by melt-spinning the vinyl chloride-based resin composition and obtaining a drawn yarn using single fiber fineness in the claimed range by drawing the undrawn yarn in order to make artificial hair fibers with good combability and mechanical properties [0042 and 0046]. It would have been obvious to one of ordinary skill in the art at the time of the invention to use the method of Kume in Noguchi et al. in order to make artificial hair fibers with good combability and mechanical properties and arrive at the claimed invention.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Noguchi et al. (PG Pub. 2008/0242802) in view of Kume (WO2019235055) in view of Noguchi et al. (Pg Pub. 20070167595, hereinafter referred to as ‘595).
Regarding claim 2, Noguchi et al. teach the macromonomer has a polymer comprising an ethylenically unsaturated monomer containing a double bond in a main chain, to a vinyl chloride resin. The previous combination is silent regarding the molecular weight of the macromonomer. However, ‘595 teaches macromonomer with mass average molecular weight in the claimed range in order to provide the vinyl chloride polymer resin prepared using thereof may have good plasticizer absorbability [0030]. It would have been obvious to one of ordinary skill in the art to use the mass average molecular weight of ‘595 in the previous combination in order to provide the vinyl chloride polymer resin prepared using thereof may have good plasticizer absorbability and arrive at the claimed invention.
Prior Art Not Used but Relevant
PG Pub. 2022/0018041 teaches a vinyl chloride based fiber made with blends of vinyl based chloride resins.
Conclusion
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/Shawn Mckinnon/Examiner, Art Unit 1789
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