DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 February 19, 2026 has been entered.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Election/Restrictions
Claims 18, 35-36, 39 and 42 are withdrawn from further consideration pursuant
to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable
generic or linking claim. Applicant timely traversed the restriction (election) requirement
in the reply filed on March 26, 2025. However, the restriction has been made final for
the reasons stated in the last office action (mailed April 24, 2025).
Claim Rejections - 35 USC § 103
Claims 1, 3-5, 8, 11, 16-17 and 45-51 are rejected under 35 U.S.C. 103 as
being unpatentable over Gerber (US-4665794) in view of Albertelli (US-2013/0273341) and Czaplicki (US-2022/0025172).
Claim 1: Gerber teaches an amour composition comprising a curable material
including epoxies (Gerber, col. 1, lines 58-66 and col. 2, lines 45-51) and particulate
components (i.e. fillers) comprising glass, ceramic or non-metallic materials (Gerber,
col. 1, lines 50-57 and col. 2, lines 40-44). The particulate component is arranged for protection against projectiles or multiple bombardment (Gerber, col. 1, lines 10-28); therefore, the particulate component is adaptable to impose a tortuous path on a projectile. Gerber does not teach cement as part of the curable material. However, Albertelli teaches cement along with curable polymer, the advantages of which are two folds (1) forming a skeletal structure within the cured resin and (2) the cement is capable of supporting loads (Albertelli, para. 0133). Therefore, the POSITA would have been motivated to include cement as part of the curable material for the ballistic composition of Gerber. With regards to phosphate esters, Gerber does not teach phosphate esters in the curable material. However, Czaplicki teaches that epoxy is known to be paired with phosphate esters to allow being cured at room temperature and reduce curing time (Czaplicki, para. 0007-0010). In light of Czaplicki's teaching, the POSITA would be motivated to include phosphate ester in the curable material of Gerber.
` Claim 4: The fillers are present up to 30 wt% (Gerber, claim 23) which leaves the
curable material be present up to 70 wt%, which ranges are within the claimed range of
5-70 wt% for particulate component and 5 to 80 wt. for the curable material.
Claim 5: Czaplicki teaches additional components including reinforcing fibers
from 0.01 to about 3 wt% (Czaplicki, para. 0073); the reinforcing fibers include
polymeric fibers such as nylon, polyamide, aramid fibers and glass fibers (Czaplicki,
para. 0072).
Claim 8: Czaplicki teaches additives in the 2-part curable material including
chemical blowing agent which avails the curable material to foam and expand up to
800% of the original volume (Czaplicki, para. 0039 and 0080).
Claim 11: Czaplicki teaches that the 2-part curable material is activated at about
15°C to about 25°C (Czaplicki, para. 0040) which meets the claimed range of 20-25°C.
Claim 16: The 2-part epoxy curable material of Czaplicki is flexible and low
viscosity (Czaplicki, para. 0046), and thus the components including particulate and
other additives are expected to disperse uniformly throughout the composition.
Claim 17: Because the composition comprises the same components in the
same proportions as claimed as discussed in claims above, it is expected that the
composition when activated meets at least of the claimed standards.
Claim 45: Czaplicki discloses the phosphate esters include a reaction product
of phosphoric acid with the glycidyl ether of cashew nutshell liquid/ or with epoxide
groups (Czaplicki, para. 0034 and 0043).
Claim 46: Gerber teaches that the particulate component (fillers) is arranged for
protection against projectiles or multiple bombardment (Gerber, col. 1, lines 10-28)
therefore, the particulate component is adaptable to impose a tortuous path on a
projectile; Czaplicki teaches additives in the 2-part curable material including chemical
blowing agent which avails the curable material to foam and expand up to 800% of the
original volume (Czaplicki, para. 0039 and 0080). Gerber further teaches that the
particulate component comprises glass, ceramic or non-metallic materials (Gerber, col.
1, lines composition when activated meets at least of the claimed standards.
Claim 47: Czaplicki discloses the phosphate esters include a reaction product
of phosphoric acid with the glycidyl ether of cashew nutshell liquid/ or with epoxide
groups (Czaplicki, para. 0034 and 0043).50-57 and col. 2, lines 40-44), which would
have encompassed polymers;
Claim 48: The fillers are present up to 30 wt% (Gerber, claim 23) which leaves
the curable material be present up to 70 wt%, which ranges are within the claimed
range of 5-70 wt% for particulate component and 5 to 80 wt. for the curable material.
Claim 49: Czaplicki teaches additional components including reinforcing fibers
from 0.01 to about 3 wt% (Czaplicki, para. 0073); the reinforcing fibers include
polymeric fibers such as nylon, polyamide, aramid fibers and glass fibers (Czaplicki,
para. 0072).
Claim 50: Czaplicki teaches that the 2-part curable material is activated at about
15°C to about 25°C (Czaplicki, para. 0040) which meets the claimed range of 20-25°C.
Claim 51: The 2-part epoxy curable material of Czaplicki is flexible and low
viscosity (Czaplicki, para. 0046), and thus the components including particulate and
other additives are expected to disperse uniformly throughout the composition.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOA (Holly) LE whose telephone number is (571)272-1511. The examiner can normally be reached Monday to Friday, 10:00 am to 7:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alicia Chevalier can be reached at 571-272-1490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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HOA (Holly) LE
Primary Examiner
Art Unit 1788
/HOA (Holly) LE/Primary Examiner, Art Unit 1788
