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 .
Final Rejection
Claims 1-41 are cancelled.
Claims 42, 46-47, 49, 51-53, 57, 61-70 are pending.
Claims 42, 46 and 61 are independent. Claims 62-70 are new.
Claim Interpretation
Claims 1-41 are cancelled in the claims listing 3/11/2026, however, claims 40-41 are noted as being previously presented with text therein in the claims listing filed 3/11/2026. Applicant is guided to delete the text within the claims 40-41 as is done for cancelled claims 1-39. Appropriate correction is required.
Response to Amendment
The objection of claims 40-41 is withdrawn in light of Applicant’s cancellation of the claims. See the claims interpretation below.
The rejection of claim 61 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph is maintained.
The rejection of claims 42, 46-47, 49, 51-53, 57, and 61 under 35 U.S.C. 103 as obvious over Robinson (CN1812943A) in view of Li et al. (CN110642534A) is withdrawn in light of Applicant’s amendment to the claims.
The rejection of claim 61 under 35 U.S.C. 103 as obvious over Li et al. (CN110642534A) is withdrawn.
The rejection of claims 57 under 35 U.S.C. 103 as being unpatentable over Robinson (CN1812943A) and Li et al. (CN110642534A) and further in view of Vincitore et al. (US 10,780,973 B2) is maintained.
Response to Arguments
Applicant's arguments filed 3/11/2026 have been fully considered but they are not persuasive.
Applicants continue to urge that neither Li nor Robinson teach the independent claims (42, 46, and 61) limitation to the glass transition temperature. Upon careful consideration of Applicant’s arguments, Li et al. is pertinent to claim language because Li et al. page 5, middle of the page, 2 sentences below item #4) specifically teach a seal comprising low melting vanadate glass powder having a glass transition temperature T g of 230-400°C, (see page 5, middle of the page, 2-3 sentences below item #4) encompassing glass having the glass transition temperature between approximately 200 °C and approximately 600 °C. Within item #4, Li et al. teach bonding a plurality of the glass powders (phosphate, bismuthate borate). See also the claims 3-4.
Examiner further notes that basic common knowledge (see attached search notes) that the glass system disclosed by both Robinson and Li et al. have a glass transition temperature within the claimed range because phosphate glasses generally possess low glass transition temperatures (𝑇𝑔) typically ranging from below 100°C to around 400°C-500°C; borate glass transition temperatures (𝑇𝑔) typically fall in the range of 400°C to 600°C; bismuthate-based glasses generally exhibit low to moderate glass transition temperatures (𝑇𝑔) typically ranging from 335 °C to 480 °C; thus, arguments that prior art made of record do not teach the claimed property of glass transition temperature cannot be found persuasive when they each teach glass systems within the claimed Tg range. Li et al. is combined with Robinson et al. teaching the glass fiber required by the claim language of independent claims 46 and 61 as amended.
Robinson, Li, and Victorine together teach the glass fiber having the claimed IR and temp required by independent claim 42 as amended.
Accordingly the claims are addressed below.
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 61 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 61 recites the limitation "the amorphous material" in claim 61,line 4 while being deleted in claim 61, line 2 and thus there is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 42, 47, 49, 51-53, 57 and 63-64 are rejected under 35 U.S.C. 103 as obvious over glass fiber Robinson (CN1812943A) (English translations in Google Patents and Espacenet attached) and Li et al. (CN110642534A) Google Patents Translation attached) further in view of Vincitore et al. (US 10,780,973 B2).
With respect to independent claim 42, Robinson illustrate in the image below the abstract of Robinson (CN1812943A) Google Patents Translation a fire seal comprising: a multi-member assembly comprising a first structural member (8) opposite a second structural member (9) with a fire seal (7) positioned in between.
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The image is copied above illustrating the material limitation of claim 61, to the fire seal (7) comprising a plurality of glass fibers, see claim 4 Robinson (CN1812943A) Espacenet) teaching the fire seal (7) of Robinson comprises glass fibers and suggest the same vanadate glass of instant specification in the prior art claims 6 and 8 and 34 teaching metallic vanadium oxide glass modifier and vanadate oxyanion compound with the reactive glass network. See claims 6, 8 and 34 of the Robinson (CN1812943A) Espacenet).
Robinson (CN1812943A) Espacenet teach at least 2 reinforcing layers encompassing the claimed and a bulk material supporting the plurality of glass fibers, wherein the bulk material is fire resistant and comprises at least one of a fabric material, a foam material and a felt material required by independent claim 42. See Robinson claims 29-30 of Espacenet teaching the same oxide matrix ceramic glass fiber, aramid fiber. See also the last paragraph of page 19 of the Espacenet description. Thus, claim 42 limitation to wherein the bulk material comprises a foam or felt material is taught on page 25, last full paragraph, teaching their fire protection system has at least one layer of foam material.
Robinson (CN1812943A) do not specifically teach the plurality of glass fibers having a glass transition temperature between approximately 200 °C and approximately 600 °C as required by independent claim 42. Examiner notes that on page 10, 6 lines under formula 2, Robinson teach the phosphate glass, borate glass and vanadate glass (page 12, last paragraph line 6) of Robinson has a Tg within the claimed range in general. See the attached search notes attached to this office action of basic common knowledge that the glass system disclosed by each of Robinson and Li et al. have a glass transition temperature within the claimed range because phosphate glasses generally possess low glass transition temperatures (𝑇𝑔) typically ranging from below 100°C to around 400°C-500°C; borate glass transition temperatures (𝑇𝑔) typically fall in the range of 400°C to 600°C; bismuthate-based glasses generally exhibit low to moderate glass transition temperatures (𝑇𝑔) typically ranging from 335 °C to 480 °C.
Li et al. (CN110642534A) teach a composite seal comprising a low-melting glass powder which can be a vanadate, a phosphate, a bismuthate, or a borate, which are the same low-melting glass disclosed by Robinson have the glass transition temperature Tg of 230-400° C. See page 2,ln.1 and claim 1 of the attached Google Translation. See also page 5, middle of the page, 2 sentences below item #4). Within item #4, Li et al. teach bonding a plurality of the glass powders (phosphate, bismuthate borate). See the attached search notes as common knowledge that the glass system disclosed by Li et al. have a glass transition temperature within the claimed range because phosphate glasses generally possess low glass transition temperatures (𝑇𝑔) typically ranging from below 100°C to around 400°C-500°C; borate glass transition temperatures (𝑇𝑔) typically fall in the range of 400°C to 600°C; bismuthate-based glasses generally exhibit low to moderate glass transition temperatures (𝑇𝑔) typically ranging from 335 °C to 480 °C.
Robinson and Li et al. are both considered to be analogous to the claimed invention because they are in the same field of using phosphate, borate, and vanadate glass in composite assembly. However, Robinson and Li et al. do not teach the infrared reflective coating as required in claim 42
Vincitore et al. claim 13 teach infrared reflective coating on NOMEX or KEVLAR fibers (see col.4,ln8-9) which KEVLAR aramid fibers are used in the Robinson and as claimed, which IR coating improves heat transfer efficiency over conduction and convection alone. See col.2,ln.20-25.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to arrive at the claim 42 fire seal with infrared reflective coating on meta-aramid polymer because Vincitore et al. guide one of ordinary skill to incorporate infrared reflective coating on NOMEX or KEVLAR fibers as is also used by Robinson to improve heat transfer efficiency in general.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Robinson with the claim 42 plurality of glass fibers having glass transition temperature between 200°C-600°C as claimed, because Li et al. teach a seal comprising the same vanadate or borate or phoshate glass as also taught by Robinson (Espacenet translation page 15, the last paragraph defining M) has the glass transition temperature Tg of 230-400° C. “Products of identical chemical composition cannot have mutually exclusive properties.” In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). A chemical composition and its properties are inseparable. Therefore, because Robinson teaches their fire protection system with the identical vanadium oxide glass with aramid fibers, to have the 200°C-600°C glass transition temperature as claimed and taught by Li et al. teaching a variety of glass powders having the claimed glass transition temperature, thus one of ordinary skill can reasonably expect that the claimed glass transition temperature be necessarily present in the fire protection system of Robinson.
Specifically regarding claim 47, Robinson (CN1812943A) Espacenet teach the limitation to wherein the fiber material comprises a plurality of glass fibers braided or woven together on page 19, last 2 paragraphs teaching woven fiber reinforced media in their alkali metal silicate resin coatings comprising nickel fiber, glass fiber, carbon fiber, graphite fiber, mineral fiber, carbon oxide fiber, graphite oxide fiber, steel fiber, metal fiber, metallized carbon fiber, metallized glass fiber, metallized graphite fiber, metal plated ceramic fiber, nickel-plated graphite fiber, nickel-plated carbon fiber, nickel-plated glass fiber, quartz fiber, ceramic fiber, diamond fiber, stainless steel fiber, titanium fiber, nickel alloy fiber, copper-plated steel fiber, polymer fiber, polymer-coated carbon fiber, polymerization Coating graphite fiber, polymer coated glass fiber, polymer coated aramid fiber (such as KEVLAR), ceramic coated carbon fiber, ceramic coated graphite fiber, ceramic coated glass fiber, oxidized polyacrylonitrile fiber Basalt fiber, alkali-resistant glass fiber, and/or other fibers known to those skilled in the art. It is also possible to mix various fibers. Preferred are graphite fibers, E-glass fibers, S-glass fibers, basalt fibers, stainless steel fibers, titanium fibers, nickel alloy fibers, aramid fibers, polyethylene fibers, SiC fibers, and BN fibers. These fibers can also be coated and/or treated.
Regarding the core material of claim 49, see page 27, last paragraph of Robinson Espacenet description of the fireproof composite material can be single or multi-core structure to improve the fire performance of any substrate used with or connected together using a fire resistance with other matrix material further laminated to enhance the overall composite material properties. The multilayer structure may be added to a support structure, such as (but not limited to) metal mesh, metal mesh and outer glass layer (see page 29, send paragraph, line 9) encompassing the glass coating of the claim 49.
Specifically, regarding the core of claims 51-52, Robinson et al. teach their woven multi-layer fire protection system comprises one or more cores, which core may include an intermediate layer between one or more outer laminates and one or more cores. See page 27, last paragraph along with the teaching of the polymer coated glass fiber on page 19, last paragraph, reading upon the glass fiber core, and the polymer coated aramid fiber such as KEVLAR reading upon the polymeric core of claims 51-52.
Claim 53 limitation to a nano-clay material dispersed within the bulk material is taught on Robinson Espacenet translation page 18, second paragraph teaching any commercially available clay fillers which teaching guides one of ordinary skill to the claimed nano-clay.
With respect to claims 57, 63-64, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to arrive at the claim 63 fire seal with infrared reflective coating on meta-aramid polymer because Vincitore et al. guide one of ordinary skill to incorporate infrared reflective coating on NOMEX or KEVLAR fibers as is also used by Robinson to improve heat transfer.
Claims 46 and 61-62 and 65-70 are rejected under 35 U.S.C. 103 as obvious over Robinson (CN1812943A) (English translations in Google Patents and Espacenet attached) in view of Li et al. (CN110642534A) Google Patents Translation attached).
With respect to independent claims 46 and 61, Robinson illustrate in the image below the abstract of Robinson (CN1812943A) Google Patents Translation a fire seal comprising: a multi-member assembly comprising a first structural member (8) opposite a second structural member (9) with a fire seal (7) positioned in between.
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The image is copied above illustrating the material limitation of claims 46 and 61, to the fire seal (7) comprising a plurality of glass fibers, see claim 4 Robinson (CN1812943A) Espacenet) teaching the fire seal (7) of Robinson comprises glass fibers and suggest the same vanadate glass of instant specification in the prior art claims 6 and 8 and 34 teaching metallic vanadium oxide glass modifier and vanadate oxyanion compound with the reactive glass network. See claims 6, 8 and 34 of the Robinson (CN1812943A) Espacenet).
Robinson (CN1812943A) Espacenet teach at least 2 reinforcing layers encompassing the claimed and a bulk material supporting the plurality of glass fibers, wherein the bulk material is fire resistant and comprises at least one of a fabric material, a foam material and a felt material required by independent claims 46 and 61.
See Robinson claims 29-30 of Espacenet teaching the same oxide matrix ceramic glass fiber, aramid fiber. See also the last paragraph of page 19 of the Espacenet description. Thus, claim 61 limitation to wherein the bulk material comprises a foam or felt material is taught on page 25, last full paragraph, teaching their fire protection system has at least one layer of foam material.
Robinson (CN1812943A) do not specifically teach the plurality of glass fibers having a glass transition temperature between approximately 200 °C and approximately 600 °C as required by independent claims 46 and 61. Examiner notes that on page 10, 6 lines under formula 2, Robinson teach the phosphate glass, borate glass and vanadate glass (page 12, last paragraph line 6) of Robinson has a Tg within the claimed range in general. See the attached search notes attached to this office action of basic common knowledge that the glass system disclosed by both Robinson and Li et al. have a glass transition temperature within the claimed range because phosphate glasses generally possess low glass transition temperatures (𝑇𝑔) typically ranging from below 100°C to around 400°C-500°C; borate glass transition temperatures (𝑇𝑔) typically fall in the range of 400°C to 600°C; bismuthate-based glasses generally exhibit low to moderate glass transition temperatures (𝑇𝑔) typically ranging from 335 °C to 480 °C.
In the analogous art, Li et al. (CN110642534A) teach a composite seal comprising a low-melting glass powder which can be a vanadate, a phosphate, a bismuthate, or a borate, which are the same low-melting glass disclosed by Robinson have the glass transition temperature Tg of 230-400° C. See page 2,ln.1 and claim 1 of the attached Google Translation. See also page 5, middle of the page, 2 sentences below item #4). Within item #4, Li et al. teach bonding a plurality of the glass powders (phosphate, bismuthate borate). See the attached search notes as common knowledge that the glass system disclosed by Li et al. have a glass transition temperature within the claimed range because phosphate glasses generally possess low glass transition temperatures (𝑇𝑔) typically ranging from below 100°C to around 400°C-500°C; borate glass transition temperatures (𝑇𝑔) typically fall in the range of 400°C to 600°C; bismuthate-based glasses generally exhibit low to moderate glass transition temperatures (𝑇𝑔) typically ranging from 335 °C to 480 °C.
Robinson and Li et al. are both considered to be analogous to the claimed invention because they are in the same field of using phosphate, borate, and vanadate glass in composite assembly.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Robinson with the claimed plurality of glass fibers having glass transition temperature between 200°C-600°C as required by claims 46 and 61, because Li et al. teach a seal comprising the same vanadate or borate or phoshate glass as also taught by Robinson (Espacenet translation page 15, the last paragraph defining M) has the glass transition temperature Tg of 230-400° C. One of ordinary skill would reasonably expect the same properties from the same materials as claimed is taught in the prior art in an analogous fire protection system.
“Products of identical chemical composition cannot have mutually exclusive properties.” In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). A chemical composition and its properties are inseparable. Therefore, because Robinson teaches their fire protection system with the identical vanadium oxide glass with aramid fibers, to have the 200°C-600°C glass transition temperature as claimed and taught by Li et al. teaching a variety of glass powders having the claimed glass transition temperature, thus one of ordinary skill can reasonably expect that the claimed glass transition temperature be necessarily present in the fire protection system of Robinson.
With respect to the glass transition temperatures within the claims 46 and 65, Robinson guide one of ordinary skill to the plurality of glass fibers and the combination of Li et al. guide one of ordinary skill to the plurality of glass transition temperatures where the difference is at least 20C. Specifically, claims 46 and 65 limitation to a first glass transition temperature and a second glass transition temperature is met by the prior art made of record both of which teach the same phosphate glass, borate glass and vanadate glass and thus would reasonably be expected to have the same properties of first and second glass transition tempertatures. The last paragraph describes a plurality of glass fibers that can be woven together. For example, one of ordinary skill is guided to in Robinson Espacenet page 19, last paragraph to mix various fibers, KEVLAR, E-glass, S-glass, which are commonly known to have different glass transition temperatures as required for claims 46 and 65. See the attached search notes elaborating that KEVLAR has a glass transition temperature around 122.5°C. E-glass (electrical-grade glass) is a common type of glass fiber having glass transition temperature (Tg) around 550-570°C. which teaching to a mix of fibers guides one of ordinary skill to a difference between the glass transition temperatures.
Specifically regarding claim 66, Robinson (CN1812943A) Espacenet teach the limitation to wherein the fiber material comprises a plurality of glass fibers braided or woven together on page 19, last 2 paragraphs teaching woven fiber reinforced media in their alkali metal silicate resin coatings comprising nickel fiber, glass fiber, carbon fiber, graphite fiber, mineral fiber, carbon oxide fiber, graphite oxide fiber, steel fiber, metal fiber, metallized carbon fiber, metallized glass fiber, metallized graphite fiber, metal plated ceramic fiber, nickel-plated graphite fiber, nickel-plated carbon fiber, nickel-plated glass fiber, quartz fiber, ceramic fiber, diamond fiber, stainless steel fiber, titanium fiber, nickel alloy fiber, copper-plated steel fiber, polymer fiber, polymer-coated carbon fiber, polymerization Coating graphite fiber, polymer coated glass fiber, polymer coated aramid fiber (such as KEVLAR), ceramic coated carbon fiber, ceramic coated graphite fiber, ceramic coated glass fiber, oxidized polyacrylonitrile fiber Basalt fiber, alkali-resistant glass fiber, and/or other fibers known to those skilled in the art. It is also possible to mix various fibers. Preferred are graphite fibers, E-glass fibers, S-glass fibers, basalt fibers, stainless steel fibers, titanium fibers, nickel alloy fibers, aramid fibers, polyethylene fibers, SiC fibers, and BN fibers. These fibers can also be coated and/or treated.
Regarding the core material of claim 67, see page 27, last paragraph of Robinson Espacenet description of the fireproof composite material can be single or multi-core structure to improve the fire performance of any substrate used with or connected together using a fire resistance with other matrix material further laminated to enhance the overall composite material properties. The multilayer structure may be added to a support structure, such as (but not limited to) metal mesh, metal mesh and outer glass layer (see page 29, send paragraph, line 9) encompassing the glass coating of the claim 67. It is reasonable to presume the glass coating would have the claim 50 property of a glass transition temperature as it applies to any amorphous material disclosed by Robinson.
Specifically, regarding the core of claims 68-69, Robinson et al. teach their woven multi-layer fire protection system comprises one or more cores, which core may include an intermediate layer between one or more outer laminates and one or more cores. See page 27, last paragraph along with the teaching of the polymer coated glass fiber on page 19, last paragraph, reading upon the glass fiber core, and the polymer coated aramid fiber such as KEVLAR reading upon the polymeric core, however, Robinson does not teach the glass transition temperature of claims 51-52.
Claim 70 limitation to a nano-clay material dispersed within the bulk material is taught on Robinson Espacenet translation page 18, second paragraph teaching any commercially available clay fillers which teaching guides one of ordinary skill to the claimed nano-clay.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/PREETI KUMAR/Examiner, Art Unit 1761
/ANGELA C BROWN-PETTIGREW/Supervisory Patent Examiner, Art Unit 1761