DETAILED ACTION
Applicant’s response of February 25, 2026 has been fully considered. Claims 20-23, 25, 28, and 29 are amended and claims 20-26, 28, and 29 are pending.
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 Interpretation
Independent claim 20 is interpreted as being directed to a thermoplastic master batch comprising fiber and polymer. The fiber comprises 35 to 75% by weight of glass fiber and the glass fiber has particular dimensions and contains from 0.1 to 5% by weight an exterior coating of an organometallic interfacial modifier, wherein the weight percent of the coating is based on the glass fiber. This interpretation means that the fiber component also contains from 25 to 65% by weight of some other type of fiber. The polymer comprises 35 to 75% by weight of a thermoplastic vinyl chloride polymer and 10 to 35% by weight of chlorinated polyethylene consisting of 20 to 35% by weight of chlorine. Dependent claim 21 provides for the total of the fiber component being present in the master batch in an amount of 50 to 70% by weight, which provides for the total of the polymer component being present in from 30 to 50% by weight. These interpretations are based on the language of the claims as written. If this is not what applicant intends from the claim language, then the claims will need to be amended.
Claim Objections
Claims 22 and 25 are objected to because of the following informalities:
Regarding claim 22, for clarity, please change the wording of this claim to: “The thermoplastic mater batch of claim 20, wherein the glass fiber has a length…”. This change makes it clear that these new dimensions refer to the glass fiber of claim 20 and not a different, additional glass fiber.
Regarding claim 25, “contains” should be --consists of-- in order to use the same language as used in claim 20 regarding this limitation.
Appropriate correction is required.
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 20-26, 28, and 29 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 20, claim 20 recites the limitation "the interfacial modifier" in line 8. There is insufficient antecedent basis for this limitation in the claim. For the purpose of further examination, this limitation will be interpreted as “the organometallic interfacial modifier” referenced above. Correction is required.
Claim 20 recites the limitation "the fiber" in line 8. There is insufficient antecedent basis for this limitation in the claim. For the purpose of further examination, this limitation will be interpreted as “the glass fiber.”
Regarding claim 26, claim 26 recites the limitation "the fiber" in line 3. There is insufficient antecedent basis for this limitation in the claim. For the purpose of further examination, this limitation will be interpreted as “the glass fiber.”
Regarding claim 28, it is not clear if the composite or the thermoplastic master batch contains the claimed amount of chlorinated polyethylene and glass fiber. For the purpose of further examination, this claim will be interpreted as “…claim 20, wherein the composite comprises…”. Please make this change to the claim.
Regarding claim 29, it is not clear if the composite or the thermoplastic master batch contains the claimed amount of chlorinated polyethylene and glass fiber. For the purpose of further examination, this claim will be interpreted as “…claim 20, wherein the composite comprises…”. Please make this change to the claim.
Regarding claims 21-25, these claims depend from a rejected claim and include all of the limitations thereof. Therefore, they are also rejected.
Response to Arguments
Applicant’s arguments, see pages 5 and 6, filed February 25, 2026, with respect to the rejection of claims 20-26, 28, and 29 under 35 U.S.C. 103 have been fully considered and are persuasive. The rejection of claims 20-26, 28, and 29 under 35 U.S.C. 103 has been withdrawn. Similarly, the obviousness double patenting rejection has also been withdrawn.
However, objections and rejections to the claims under 25 U.S.C. 112(b) are applicable as discussed above.
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.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELA C SCOTT whose telephone number is (571)270-3303. The examiner can normally be reached Monday-Friday, 8:30-5:00, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Eashoo can be reached at 571-272-1197. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANGELA C SCOTT/Primary Examiner, Art Unit 1767
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