DETAILED ACTION
This office action follows a reply filed on October 17, 2025. Claims 9 and 21-22 have been amended. Claims 9-13 and 15-22 are currently pending and under examination.
All previous rejections are withdrawn, as applicants have limited the reinforcing fibers to glass fibers having a circular cross-sectional shape, whereas the prior art cited on the record teaches away from circular glass fibers and prefers flat glass fibers.
However, upon further consideration, a new ground(s) of rejection is proposed below.
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 .
Claim Rejections - 35 USC § 103
Claims 9-13 and 15-22 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2006-205464 in view of CN 104592749, as evidenced by Nakamura (US 7,089,952) and Ono (US 2005/0234180). For convenience, the machine translations of JP ‘464 and CN ‘749 will be cited below.
JP ‘464 teaches a fuel hose constructed of an inner layer comprising (A) maleic anhydride-modified polyolefin resin, exemplified as ER403 (p. 5), which as evidenced by Nakamura has an acid modification amount of 19.2 milliequivalent/kg (which is the same as 19.2 micromol/g) (col. 15, ll. 26-30), and an outer layer comprising a polyamide resin, where the inner layer has excellent adhesiveness to the adjacent polyamide layer (pp. 3 and 4).
JP ‘464 teaches that the polyamide layer can include different polyamides, such as PA6, and teaches that the polyamide-based resin is blended as it is or with other components such as a plasticizer, impact resistance agent, etc., but does not teach the complete composition thereof.
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. 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 layer in the fuel hose of JP ‘464, as CN ‘749 teaches that the polyamide composition is suitable for use in automobile fuel systems and has excellent heat aging and physical strength even when in the presence of automobile fuel.
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.
JP ‘464 in view of CN ‘749 is prima facie obvious over instant claims 9, 12-13, 15-18 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 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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