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 § 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.
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.
Claims 16-18 and 24-29 are rejected under 35 U.S.C. 103 as being unpatentable over Delfino (US 2017/0050468) in view of Arai et al. (US 2015/0141583) and Abad et al. (US 8,785,543).
Regarding claim 16, Delfino teaches composite monofilaments (Pg. 1, Paragraph [0008]). The composite monofilaments are formed from filaments made of glass embedded in a thermoset matrix and are used to form multi-composite reinforcers (Pg. 1, Paragraph [0010]; Pg. 1, Paragraph [0018]; Pg. 3, Paragraph [0050]). The thermoset resin may be a polyester (“a multi-composite material comprising at least one monofilament made of glass-resin composite including glass filaments embedded in a thermoset polyester resin”) (Pg. 4, Paragraphs [0075]-[0076]). The mutli-composite may further contain a layer of thermoplastic material such as a polyester thermoplastic resin in order to sheath the monofilaments (“a second layer of polyester thermoplastic material sheathing the entire multi-composite material”) (Pg. 6, Paragraph [0107]-[0111]).
Delfino is silent with respect to a first layer being arranged on a surface of the monofilaments wherein the first layer is formed from benzoxazine, polybenzoxazine, or both benzoxazine and polybenzoxazine. Delfino does, however, teach the application of an adhesion treatment before the deposition of the sheath thermoplastic material (Pg. 6, Paragraph [0101]).
Arai teaches a benzoxazine resin composition which has superior dynamic characteristics in extreme use environments such as high temperature, high moisture and mechanical properties including elasticity and elongation after curing (Pg. 1, Paragraph [0002]). The composition is further taught to improve tackiness and drapability when used in combination with reinforcing fibers (Pg. 2, Paragraph [0033]).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing of the invention to form the adhesion promoting layer of Delfino with the benzoxazine resin composition of Arai, which has enhanced tackiness, as well as superior dynamic characteristics in extreme use environments such as high temperature, high moisture and mechanical properties including elasticity and elongation after curing.
Delfino and Arai are silent with respect to the minimum thickness of the layer comprising benzoxazine resin composition having a minimum thickness selected from a range of 0.05 to 1.0 mm or 0.5 and 50 microns.
Abad teaches a composite reinforcer for rubber articles or semi-finished products such as tires for vehicles (Col. 2, Lines 60-65). The composites include a reinforcing thread, a first layer sheathing the thread and a second layer sheathing the first layer (Col. 2, Lines 24-38; Fig. 1). The thread is a monofilament which may take any form (Col. 3, Line 65-Col. 4, Line 9). The first layer and the second layers are provided in order to protect the monofilaments from external attack or abrasion (Col. 1, Lines 26-33). The first layer has a minimum thickness f between 10 microns and 1 mm (Col. 8, Lines 32-51).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing of the invention to form the benzoxazine resin composition of Arai, which has enhanced tackiness, as well as superior dynamic characteristics in extreme use environments such as high temperature, high moisture and mechanical properties including elasticity and elongation after curing such that the minimum thickness is from 10 microns to 1 mm in order to provide the protection to the monofilaments of Delfino.
Regarding claim 17, Delfino teaches the composites as discussed above with respect to claim 16. As discussed above, the adhesion promoting layer is formed from a composition including benzoxazine taught by Arai.
Regarding claim 18, Delfino teaches the composites as discussed above with respect to claim 17. As discussed above, the adhesion promoting layer is formed from a composition including benzoxazine taught by Arai. The benzoxazine compound is represented by Formula 1 and includes a linear alkyl group (Pg. 4, Paragraphs [0041]-[0043]).
Regarding claims 24-25, Delfino teaches the composites as discussed above with respect to claim 16. The thermoset polyester resin may be an epoxy vinyl ester type resin (Pgs. 4-5, Paragraphs [0077]-[0080]).
Regarding claim 26, Delfino teaches the composites as discussed above with respect to claim 16. The thermoplastic polyester sheathing the monofilaments may be formed from PET (Pg. 6, Paragraph [0111]).
Regarding claims 27-29, Delfino teaches the composites as discussed above with respect to claim 16. One of ordinary skill in the art would recognize the monofilaments would have a filament shape teaching the limitation of “a longlinear reinforcing element.” Additionally, the monofilaments have a diameter of 0.05 to 3.0 mm (Pg. 3, Paragraph [0044]).
Terminal Disclaimer
The terminal disclaimer filed on 11/24/2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent 11,780,772 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
Applicant’s arguments, see pages 8-15, filed 11/24/2025, with respect to the rejection of claim 16 under U.S.C. 103 have been fully considered and are persuasive.
On pages 8-15, applicant argues that the instant invention utilizes excellent adhesion between a benzoxazine composition with a thermosetting polyester resin of a monofilament and none of the cited references teach this adhesion improvement. Even further, Arai, which is relied upon to teach the layer of benzoxazine, polybenzoxazine, or both, fails to teach a benzoxazine resin composition placed around a monofilament as required by the claim. Lastly, applicant argues that Arai fails to teach the layer of benzoxazine having a minimum thickness selected from a range of 0.05 to 1 mm or between 0.5 and 50 microns.
The examiner first notes that the rejection is an obviousness type rejection based on a combination of references. Delfino teaches monofilaments including glass filaments in a thermosetting polyester resin which is further sheathed in a thermoplastic material (See rejection above). Delfino further teaches an adhesion treatment on the monofilaments prior to the deposition of the thermoplastic material (Paragraph [0101]). This adhesion treatment is considered the first layer. Arai is relied upon to teach the specific material of this first layer, specifically being the benzoxazine resin composition having high tackiness while also having superior dynamic characteristics for being used in a fiber-resin composite (See rejection above). Therefore, one of ordinary skill in the art would recognize the high tackiness of the benzoxazine resin composition would be a suitable adhesion treatment for the monofilaments of Delfino, ultimately resulting in the claimed first layer of benzoxazine, polybenzoxazine, or both.
The examiner concedes in that Delfino and Arai are silent with respect to the layer of benzoxazine resin composition having a minimum thickness selected from a range of 0.05 to 1 mm or 0.5 to 50 microns. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Abad as discussed above.
The current rejection is made FINAL in view of the amendments to the claim.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL P DILLON whose telephone number is (571)270-5657. The examiner can normally be reached Mon-Fri; 8 AM to 5 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MARIA V EWALD can be reached at 571-272-8519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DANIEL P DILLON/Examiner, Art Unit 1783
/MARIA V EWALD/Supervisory Patent Examiner, Art Unit 1783