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 .
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02 October 2025 has been entered.
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.
Claims 1, 6-7, 9-11 and 17 are 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.
Regarding claim 1, the language “wherein the at least one thermoplastic polymer is a polyamide” in line 25 conflicts with the language at lines 19-22 which indicates the at least one thermoplastic polymer is selected from the recited group which includes polymers which are not polyamides. It is unclear why the language at lines 19-22 is provided at all, and it is also unclear how this language limits claim 1 in view of the above noted limitation at line 25.
Regarding claim 1, the language “wherein the at least one thermoplastic polymer is a polyamide” is confusing in view of the word “is”. This language makes unclear if the at least one thermoplastic polymer is limited to a single polymer, is limited to a single polyamide polymer, or is limited to at least one polyamide.
Regarding claim 1, line 37, the examiner suggests --A is selected from the group consisting of--. As written, it is unclear if the recited group is a closed group which is limited to the listed elements.
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, 6-7, 9-11 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Gaillard (WO 2015/121584 A2, referencing US 2016/0347009 as an English language equivalent) in view of Binnersley (US 4640861) and Baba (US 2016/0237227 A1), and optionally further in view of Cogswell (US 4549920).
Regarding claim 1, Gaillard teaches an impregnated fibrous material comprising a fibrous material of continuous fibers and at least one thermoplastic polymer matrix comprising at least one thermoplastic polymer, wherein the at least one thermoplastic polymer of the at least one thermoplastic polymer matrix is a non-reactive amorphous polymer whose glass transition temperature is such that Tg>80°C, or a non-reactive semi-crystalline polymer whose melting temperature is Tf>150°C (Abstract; paragraphs 1 and 69-71 and 83, claims 7-8). Gaillard teaches many of the same thermoplastic polyamide polymers taught by Applicant, and thus it is reasonably clear they satisfy the claimed property of being non-reactive (paragraph 71). Moreover, it is clear from paragraph 65 of Gaillard that the thermoplastic polymers soften or melt at elevated temperatures. There is no indication that they chemically react like thermoset polymers or pre-polymer materials. Accordingly, it is reasonably clear these thermoplastic polymers are non-reactive. The volume percentage of polymer in the impregnated material relative to the fibrous material is preferably 45 to 80% (paragraph 92), which corresponds to a fiber content of about 56% to 69% by volume of the impregnated material, which overlaps the claimed range of 54 to 65% by volume (e.g. 80% polymer relative to fiber corresponds to 80 parts by volume fiber to 100 parts by volume fiber, or 100/(100 + 80) × 100 = 56% volume content by fiber). It is noted that a claimed range which overlaps, lies within, or is near a prior art range establishes a prima facie case of obviousness for using values in the claimed range. Gaillard teaches homogeneous distribution of the polymer uniformly around the fibers to minimize porosity (voids) and even eliminate porosity (paragraphs 91 and 115), thus indicating a porosity of about 0%, which is well within the claimed range, or at least indicating a porosity well within the claimed range of less than 5%. These teachings also suggest impregnation on opposite sides of said fibrous material. It is reasonably clear from paragraph 68 of Gaillard that liquid crystal polymers are not required and are not included in some embodiments, thus satisfying the claimed limitation of being free of non-reactive liquid crystal polymers (LCP). As to the limitation of impregnation being carried out with at least one expansion in width of the fibrous material, the claimed product of an impregnated fibrous material is not limited to recited method steps, but rather is only limited to the structure implied thereby. The recitation of an expansion step in width of the fibrous material, such as spreading out the fibers, is not considered to distinguish over the structure of Gaillard as modified below, because such structure includes fibers spread over a width and impregnated with resin to form the impregnated fibrous material. Gaillard teaches the at least one thermoplastic polymer may comprise an aliphatic polyamide such as polyamide 6, polyamide 11, polyamide 12, polyamide 46, polyamide 610 or polyamide 612 (paragraphs 36, 71 and 83). It is noted that the language at lines 28-50 of only modifies alternatives recited in lines 25-27. Claim 1 does not require a semi-aromatic polyamide. Therefore, the language at lines 25-50 is satisfied by the above noted aliphatic polyamides.
Gaillard differ from claim 1 in that:
i. Gaillard does not recite Tg and Tf are determined by differential scanning calorimetry (DSC).
ii. Gaillard does not recite a fiber content by volume is constant in at least 80% of the volume of the impregnated fibrous material.
iii. Gaillard does not explicitly recite impregnation on opposite sides of said fibrous material.
iv. Gaillard does not recite a number average molecular weight (Mn) changes by less than 50% during heating at a heating calender.
v. Gaillard does not recite the at least one thermoplastic polymer has a Mn in a range from 10,000 to 40,000.
vi. The claimed expansion in width of the fibrous material is further addressed here.
(i) The claimed product is not limited to any particular method steps of determining Tg or Tf. Only a polymer having the recited Tg or Tf is required. The above noted teachings of Gaillard reasonably suggest a polymer having a Tg or Tf in the claimed ranges. It is noted that a claimed range which overlaps, lies within, or is near a prior art range establishes a prima facie case of obviousness for using values in the claimed range. See MPEP 2144.05. Moreover, Gaillard teaches many of the same thermoplastic polyamide polymers suggested by Applicant (paragraph 71), and thus it is reasonable to expect they have Tg or Tf values in the claimed ranges.
(ii, iii) As noted above, Gaillard teaches homogeneous distribution of the polymer uniformly around the fibers to minimize porosity (voids) and even eliminate porosity (paragraphs 91 and 115), but does not recite further details of the fiber distribution. Binnersley teaches that resin-rich zones are undesirable in that they act as stress concentrators that can initiate failure (column 7, lines 58-67). Binnersley seeks a highly uniform distribution of fibers with full impregnation including opposite sides to provide a matrix free of voids with fiber distributed as uniformly as possible to yield parts having less variation in properties and permit more efficient design criteria (column 1, lines 17-31; column 5, lines 24-31; column 6, lines 3-29; column 8, lines 1-12; Figure 5). Thus Binnersley reasonably suggests constant fiber content by volume throughout the impregnated fibrous material, i.e. about 100% thereof, which falls well within the claimed range. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide these limitations in Gaillard, and to provide a void free thermoplastic matrix as suggested by Gaillard and Binnersley, because one of ordinary skill in the art would have been motivated to provide the above noted advantages in accordance with the teachings of Binnersley.
(iv) It is noted that this limitation is directed to the process of manufacture and only limits the claimed impregnated fibrous material in terms of the implied structure. This limitation does not appear to distinguish over the structure of the modified impregnated fibrous material of Gaillard as applied above because it only results in a polymer impregnated fibrous material, the polymer having a number average molecular weight. Naturally the modified material of Gaillard has such properties. Alternatively, in related art, Cogswell teaches that the impregnating thermoplastic resins are normally fully polymerized materials which are only melted for impregnation (column 2, lines 35-51; column 3, lines 56-67; column 4, lines 1-24), i.e. the molecular weight is not changed by the impregnation process. Cogswell teaches many of the same polymers suggested by Gaillard including polyamide. Thus Cogswell provides evidence that this limitation naturally flows from the modified impregnated fibrous material of Gaillard when using such polymers. It would have been obvious to one having ordinary skill in the art at the time the application was filed to provide this limitation in Gaillard because one having ordinary skill in the art would have been motivated to use fully polymerized materials which have this property in accordance with normal practice in the art, as evidenced by the above noted teachings of Cogswell. To the extent that heating at a heating calender has any impact on the implied structure of the claimed impregnated fibrous material, such is clearly taught by Gaillard.
(v) Gaillard does not recite particular values for the thermoplastic polymer number-average molecular weight (Mn). However, Gaillard is drawn to preimpregnated fibrous materials for use in manufacturing parts with good mechanical strength for mechanical, aeronautical, automobile and other applications (paragraph 5). In the art of thermoplastic matrix impregnated fibrous materials, Baba uses similar polymeric materials including aliphatic polyamides such as PA6, PA11, PA12, PA46, PA610 and PA612. Baba teaches Mn values of greater than 5,000 and less than 50,000 are desirable to provide sufficiently low viscosity for uniform impregnation without defects and to provide high strength in applications including mechanical components, airplanes and automotive components (paragraphs 15, 38, 43, 51 and 72-73). It is noted that a prima facie case of obviousness exists when a claimed range overlaps, falls within or is near a prior art range. See MPEP 2144.05. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Mn values in the claimed range in the modified material of Gaillard because one having ordinary skill in the art would have been motivated to achieve the above noted benefits in accordance with the teachings of Baba.
(vi) As noted above the recitation of an expansion step does not distinguish over the structure of the modified impregnated fibrous material of Gaillard. Alternatively, in related art, Cogswell teaches such expansion in width of the fibrous material to facilitate penetration of the polymer into the fibers (column 3, lines 65-68; column 4, lines 1-9). Moreover, the expansion taught by Cogswell involves tensioning over spreader surfaces and Binnersley also suggests such tensioning over surfaces as part of the impregnation process (column 3, lines 21-27). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the structure associated with such a step in the modified material of Gaillard because one of ordinary skill in the art would have been motivated to achieve the above noted advantage in accordance with the teachings of Cogswell.
Regarding claims 6-7 and 9-11, Gaillard clearly satisfies these additional limitations. The limitation in claim 9 of a homogeneous distribution in at least 95% of the volume of the ribbon is satisfied for the reasons provided above.
Claim 17 is satisfied for the reasons provided above.
Response to Arguments
Applicant's arguments filed 02 October 2025 have been fully considered but they are not persuasive.
Applicant argues Cogswell does not teach any of the recited aliphatic polyamides of claim 1. In response, the primary reference to Gaillard was relied upon for this limitation. Cogswell was optionally relied upon for teaching that the impregnating thermoplastic resins are normally fully polymerized materials which are only melted for impregnation (column 2, lines 35-51; column 3, lines 56-67; column 4, lines 1-24), i.e. the molecular weight is not changed by the impregnation process. Cogswell teaches many of the same polymers suggested by Gaillard including polyamide. Thus Cogswell provides evidence that this claimed limitation naturally flows from the modified impregnated fibrous material of Gaillard when using such polymers. Applicant has not provided any evidence to the contrary.
Applicant argues Baba is limited to PA66. The examiner respectfully disagrees. See Baba (paragraph 38). Moreover, Baba suggests molecular weights in the claimed range for a wide range of polymers including polyamides. The primary reference to Gaillard suggests some of the specifically claimed polyamides. Accordingly, the examiner maintains that Baba suggests modifying Gaillard to use molecular weights in the claimed range for a wide range of polymers including the polyamide polymers taught by Gaillard to achieve the advantages taught by Baba, i.e. to provide sufficiently low viscosity for uniform impregnation without defects and to provide high strength in applications including mechanical components, airplanes and automotive components.
With respect to claim 9, Applicant argues the cited references do not teach the claimed homogeneity in at least 95% of the volume of the strip or ribbon. The examiner provided a detailed response to a related argument in the office action mailed 05 September 2024 on pages 12-14. The examiner’s position is maintained. Gaillard teaches homogeneous distribution of the polymer uniformly around the fibers to minimize porosity (voids) and even eliminate porosity (paragraphs 91 and 115), but does not recite further details of the fiber distribution. However, it is noted that a material having fibers and polymer with uniform distribution of polymer, would naturally also have a uniform distribution of fibers. Otherwise the polymer distribution could not be uniform. In any event, Binnersley teaches that resin-rich zones are undesirable in that they act as stress concentrators that can initiate failure (column 7, lines 58-67). Binnersley seeks a highly uniform distribution of fibers with full impregnation including opposite sides to provide a matrix free of voids with fiber distributed as uniformly as possible to yield parts having less variation in properties and permit more efficient design criteria (column 1, lines 17-31; column 5, lines 24-31; column 6, lines 3-29; column 8, lines 1-12; Figure 5). Thus Binnersley reasonably suggests constant fiber content by volume throughout the impregnated fibrous material, i.e. about 100% thereof. It is reasonably clear from Binnersley that uniform fiber distribution, i.e. within the claimed range, is desirable and obtaining such uniform fiber distribution is within the level of ordinary skill in the art. Accordingly, the examiner maintains that Binnersley provides motivation to ensure Gaillard’s impregnated fibrous material has such uniform fiber distribution. Applicant has not provided any objective evidence or detailed reasoning as to how obtaining such fiber distribution in the impregnated fibrous material of Gaillard is an unexpected result.
With respect to the length L between fibers in Binnersley, it is noted that Applicant does not provide any basis for specifically comparing the claimed uniformity range with the uniformity suggested by Binnersley. None of the claims, the specification or the arguments detail how to calculate uniformity in such a manner as to compare the teachings of the current application with those of Binnersley. Applicant seems to be arguing uniformity on a scale of micrometers, i.e. the distance between individual fibers. However, there is no such requirement in the claims or such description in the specification. Further, the arguments do not provide any details as to the calculation of uniformity. Uniformity need not be on a scale of micrometers, but can be on a larger scale, such as fibers per 1 mm or 1 cm in the width direction of the impregnated fibrous material. The lack of specificity in Applicant’s arguments is emphasized by the examiner because one cannot compare the claimed uniformity with that of Binnersley without a specific basis for such comparison. Moreover, the examiner must give the claims their broadest reasonable interpretation. The claims are satisfied by a uniformity within the claimed range on any reasonable scale or any reasonable basis of measuring uniformity. The uniformity suggested by Gaillard and/or Binnersley is considered to fall within such reasonable basis for providing a uniformity in the claimed range for the reasons detailed above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL A TOLIN whose telephone number is (571)272-8633. The examiner can normally be reached 9:30 am - 6 pm.
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/MICHAEL A TOLIN/Primary Examiner, Art Unit 1745