DETAILED ACTION
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 19, 2026 has been entered.
Claims 9 and 21-22 have been amended. Claims 9-11, 15-16 and 18-22 are currently pending and under examination.
The texts of those sections of Title 35 U.S. Code are not included in this section and can be found in a prior Office action.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Rejections - 35 USC § 103
Claims 9-11, 15-16, 18-22 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura (US 7,089,952) in view of CN 104592749. For convenience, the machine translation of CN ‘749 will be cited below.
Nakamura teaches a fuel part made of a crystalline polyamide resin where the resin has a terminal amino group concentration > terminal carboxyl group concentration, which is bonded to a fuel tank with a polyolefin resin which has been modified with an unsaturated carboxylic acid or derivative thereof (col. 6, ll. 55-65), exemplifying the polyolefin resin which has been modified with an unsaturated carboxylic acid or derivative thereof as maleic acid modified high density polyethylene having a maleic anhydride concentration of 19.2 milliequivalent/kg, which is the same as 19.2 microequivalent/g (col. 15, ll. 26-30). Nakamura shows that when the polyamide resin has a terminal amino group concentration > terminal carboxyl group concentration, the adhesion strength of the polyamide to a modified polyolefin, after immersion in fuel, is significantly higher than when the terminal amino group concentration < terminal carboxyl group concentration.
Nakamura teaches that the polyamide can include a crystalline aliphatic polyamide or a crystalline aromatic polyamide, but does not teach or suggest the claimed composition.
CN ‘749 teaches a polyamide resin suitable for use in fuel systems or automobile engines, comprising 20-55 wt% thermoplastic polyamide, specifically listed to include PA6 or PA66, having an amino end group concentration of at least 50 meq/kg, preferably at least 80 meq/kg (which is the same as 80 micromol/g), 5-30 wt% semi-aromatic polyamide resin, specifically listed to include PA6T/6I, 15-60 wt% glass fiber, and other auxiliary agents. CN ‘749 teaches that the polyamide composition has low moisture absorption, physical strength, excellent heat aging property. CN ‘749 shows that a mixture of the aliphatic and semiaromatic polyamides provides improved tensile properties after aging in hot air and after aging in engine oil (Compare Example 3 (PA6/66) vs Example 6 (PA6:PA6T/6I).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have used the polyamide composition of CN ‘749 as the polyamide component in the fuel part of Nakamura, as CN ‘749 teaches that the composition has low moisture absorption and excellent aging properties in fuel.
Alternatively, it would have been obvious to one of ordinary skill in the art a the time the invention was filed to have prepared a fuel part by bonding/welding the polyamide composition of CN ‘749 to a HDPE fuel container by way of a maleic acid modified high density polyethylene having a maleic anhydride concentration of 19.2 microequivalent/g, as Nakamura teaches that the polyamide has high adhesion strength therewith, even after fuel immersion.
While CN ‘749 does not specifically teach the cross sectional shape of the glass fiber, CN ‘749 goes on to teach that additional components can be added to the polyamide composition, which include carbon fibers and flat glass fibers. Therefore, one of ordinary skill in the art would expect the required glass fibers to be circular in cross-sectional shape. Alternatively, choosing a circular glass fiber is prima facie obvious.
The ranges taught by CN ‘749 overlap with the claimed ranges, and it has been held that overlapping ranges are sufficient to establish prima facie obviousness. See MPEP 2144.05.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have selected from the overlapping portion of the range taught by the reference because overlapping ranges have been held to establish prima facie obviousness.
Nakamura in view of CN ‘749, or alternatively, CN ‘749 in view of Nakamura, is prima facie obvious over instant claims 9, 15-16, 18 and 21-22.
As to claims 10 and 11, JP ‘464 nor CN ‘749 teach the dimensional change of the molded article, as claimed; however, the composition of CN ‘749 includes the same components as claimed in the claimed amounts.
2112.01 Composition, Product, and Apparatus Claims [R-07.2015]
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I. PRODUCT AND APPARATUS CLAIMS — WHEN THE STRUCTURE RECITED IN THE REFERENCE IS SUBSTANTIALLY IDENTICAL TO THAT OF THE CLAIMS, CLAIMED PROPERTIES OR FUNCTIONS ARE PRESUMED TO BE INHERENT
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II. COMPOSITION CLAIMS — IF THE COMPOSITION IS PHYSICALLY THE SAME, IT MUST HAVE THE SAME PROPERTIES
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As to claims 19 and 20, the above prior art does not teach or suggest the resistance to calcium chloride, as claimed; however, a blend of polyamide 66 with aromatic polyamide, such as PA 6T/6I, provides a synergistic effect to provide excellent resistance to calcium chloride, as evidenced by Ono (p. 1, [0022]).
Response to Arguments
Applicant's arguments filed May 19, 2026 have been fully considered but they are not persuasive.
Applicants argue that CN ‘749 does not teach or suggest the use of glass fibers to enhance oil barrier performance.
This is a not a requirement of the claimed invention. In fact, applicants do not show this relationship either.
Applicants argue that the polyamide resin itself does not have barrier properties and such barrier properties are exhibited due to the presence of a barrier agent.
The claimed invention does not exclude the possibility of a barrier agent. The claimed invention allows for 0-53 wt% of a component (D) which is described in the specification to include a number of possible additives, including oxidation inhibitors, where CN ‘479 teaches the blocking or barrier agent as blocking oxygen to matrix resin, and further pointing to JP 2002-370551, which teaches the inclusion of silicates, as used in Nakamura.
Applicants argue that CN ‘479 does not mention the polyolefin at all.
While the examiner agrees, CN ‘470 is directed to the polyamide component itself, teaching that it can be used in fuel systems, where Nakamura teaches that a polyamide composition can be welded to a HDPE fuel tank via the modified polyolefin; hence the need for Nakamura.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIEANN R JOHNSTON whose telephone number is (571)270-7344. The examiner can normally be reached Monday-Friday, 8:00 AM - 4:00 PM EST.
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/Brieann R Johnston/Primary Examiner, Art Unit 1766
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