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 .
Disposition of Claims
Claims 1 and 3 are pending in the application. Claims 2 and 4-17 have been cancelled.
Amendments to claim 1, filed on 6/11/2026, have been entered in the above-identified application.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 and 3 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites the limitation “wherein the thermoformable nonwoven composite comprises between about 2 and 12% by weight resin.” However, the specification does not provide support for between about 2 and 12% by weight resin, wherein the resin can be different from the resin that comprises a polyester coating in at least a portion of the crossover points.
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 1 and 3 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.
Claim 1 recites the limitation “wherein the thermoformable nonwoven composite comprises between about 10 and 50 % by weight of all binder fibers.” However, when the amount of all binder fibers in the thermoformable nonwoven composite is as high as 50 % by weight, the total amount of the first staple fibers, all binder fibers and resin in the thermoformable nonwoven composite would add up to more than 100 % by weight. Claim 3 is rejected because it depends from claim 1.
Claim 1 recites the limitations “between about 50 and 75 % by weight first staple fibers,” “between about 10 and 50 % by weight of all binder fibers,” and “between about 2 and 12% by weight resin.” It is unclear what the claimed weight percentages are by weight of (e.g., about 50 and 75 % by weight first staple fibers by weight of the thermoformable nonwoven composite or by weight of the nonwoven layer). Claim 3 is rejected because it depends from claim 1.
Claim Rejections - 35 USC § 103
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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vogt et al. (US 2017/0341272 A1) in view of Little et al. (US 2012/0234748 A1), further in view of Hirano et al. (US 10,792,869 B2).
Regarding claims 1 and 3, Vogt teaches that, referring to FIG. 1, there is shown one embodiment of a moldable, uncured nonwoven composite 10 ([0015]). The moldable, uncured nonwoven composite 10 contains a structural nonwoven layer 100 ([0015] and [0017]). The structural nonwoven layer comprises a plurality of reinforcing fibers 200 (first staple fibers) ([0018]). The reinforcement fibers 200 may be staple or continuous ([0018]). Additional examples of reinforcing fibers 200 would include fibers with high denier per filament (one denier per filament or larger), high crimp fibers, hollow-fill fibers, and the like ([0019]). Some examples of reinforcement fibers include polyester, polypropylene, and cotton, as well as other low cost fibers ([0019]). The structural nonwoven layer 100 also contains binder fibers 300 (first binder fibers) ([0022]). In one embodiment, the bi-component fibers are a core/sheath fiber meaning the fibers contain a core comprising a core polymer and a sheath comprising a sheath polymer ([0023]). In one embodiment, the core polymer has a melting temperature of at least about 180° C. and the sheath polymer has a melting temperature (a first melting point) of less than about 180° C. ([0023]). Preferably, the core/sheath fibers have a core polymer of polyester and a sheath polymer of a different polyester ([0023]).
As the structural nonwoven layer is formed (before the introduction of the uncured, water-based thermosetting resin), the structural nonwoven layer preferably comprises between about 10 and 50% by weight of binder fibers, more preferably between about 30 and 40% ([0026]). As the structural nonwoven layer is formed (before the introduction of the uncured, water-based thermosetting resin), the structural nonwoven layer preferably comprises between about 50 and 95% by weight of reinforcing fibers, more preferably between about 60 and 60 ([0026]). After the majority of the water is driven off, the moldable, uncured composite comprises between about 5 and 50% by weight resin, more preferably between about 5 and 40% by weight resin ([0037]). The examiner notes that the amounts of the binder fibers (first binder fibers), reinforcing fibers (first staple fibers) and the resin in the structural nonwoven layer after introduction of the resin would therefore be about 5 to 47.5%, about 25 to 90% and about 5 to 50% by weight, respectively (e.g., 95 x 0.95 = 90).
FIG. 2 is an enlargement of a section of the cross-section of FIG. 1 where a coating of an uncured, water-based thermosetting resin 400 can be seen on the fibers 200, 300 ([0036]). The coating may be so thin that in some embodiments, the coating may only be present at the fiber crossover locations instead of showing up as a true coating ([0036] and [0041]). Preferably, the resin is not continuous throughout the composite ([0038]). In one embodiment, the core fibers, binder fibers (and binder material in the cured composite), and resin all comprise polyester ([0032]). In one embodiment, the areal weight of the moldable, uncured nonwoven composite 10 is between about 500 and 1000 g/m2, more preferably between about 500 and 800 g/m2 ([0016]).
In one embodiment, the moldable, uncured nonwoven composite 10 (and the molded, cured composite 20) contains additional fibers ([0043]). The additional fibers may be uniformly distributed throughout the structural nonwoven layer 100 or may have a stratified concentration ([0083]). These additional fibers may include, but are not limited to additional binder fibers (second binder fibers) having a different denier, staple length, composition, or melting point, additional bulking fibers having a different denier, staple length, or composition, and an effect fiber, providing benefit a desired aesthetic or function ([0043]).
Vogt further teaches that additional layers may include membranes (i.e., films with controlled permeability, such as dialysis membranes, reverse osmosis membranes, etc.) ([0054]). One or more attachment devices may be used to attach the composite to a variety of substrates ([0056]). Exemplary substrates include, but are not limited to, a vehicle component; an interior of a vehicle (i.e., the passenger compartment, the motor compartment, the trunk, etc.) (and others) ([0056])
Vogt does not explicitly disclose wherein (when the sheath of the first fiber comprises a polyester polymer with a first melting point, and the plurality of second binder fibers have a second melting point) the first melting point and the second melting point differ by at least about 15°C, wherein the thermoformable nonwoven composite comprises between about 10 and 50 % by weight of all binder fibers, or wherein at least a portion of the first staple fibers and the first binder fibers comprise a nonfluorinated based water repelling agent coating.
However, Little teaches media that includes nonwoven webs comprising a thermally bonded web comprising a first bicomponent fiber and an optional second bicomponent fiber or staple fiber that can function at elevated temperatures ([0039]). In one embodiment, the bi-component fiber(s) are combined with a staple polyester fiber ([0039]). Little found that by blending various proportions of bi-component and staple or media fiber(s) substantially improved strength and filtration at elevated temperature can be obtained ([0047]). The preferred bi-component fiber has a higher melting characteristic i.e., the lower melting point polymer of the bi-component fiber has a melting point of at least 100° C., 120° C., and more preferably at least about 140° C., and most preferably of about 140 to 160° C.; while the higher melting point polymer of the bi-component fiber has a melting point of at least 235° C. or about 240 to 260° C ([0059]). The optional bi-component fiber has a lower melting characteristic, with the lower melting point of the binder polymer of the bi-component fiber less than that of the high temperature fiber and can range from about 70 to 115° C. and the higher melting point polymer of the bi-component fiber has a melting point greater than 200° C. and of about 240 to 260° C. ([0059]). In an embodiment, Little teaches a medium comprising a thermally bonded sheet, wherein the sheet is comprised of about 10 to 80 wt% of a first and an optional second bi-component binder fiber and about 20 to 80 wt% of a staple or media fiber ([0126]). The optional fiber at about 0-40 wt. %, 2 to 30 wt. % or 5-25 wt. % ([0126]). Little further teaches that modification of the surface characteristics of the fibers in media, such as increasing the contact angle with water, should enhance the drainage capability of the filtration media and thus the performance of a filter (reduced pressure drop and improved mass efficiency) ([0117]). One method of modifying the surface of the fibers is to apply a surface treatment such as a fluorochemical or silicone containing material (a non-fluorinated based water repelling agent coating), 0.001 to 5% or about 0.01 to 2.5% by weight of the media ([0118]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have included the additional binder fibers of Vogt in a uniform fiber blend in an amount of 5-25 wt.% by weight of the composite, and to have provided the sheath in the core/sheath binder fibers of Vogt with a melting temperature (more specifically) in the range of about 140 to 160° C, with the additional binder fibers having a melting temperature of about 70 to 115° C., and with a silicone containing material applied to the fibers in the composite, in order to obtain a thermally bonded, high-strength filtration media that can be used in a variety of filter applications including gas turbines and engine air intake or induction systems and the like, as suggested by Little (see [0040]-[0041], [0047] and the paragraphs cited above; also see Vogt: [0017] and [0043]). In doing so, it would also have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have provided the thermoset resin coating on the various fibers in the blend, particularly at and around the crossover points thereof, in order to obtain a composite in which the majority of the composite is fibers with the resin forming a coating on the fibers, preferably with the resin not being continuous throughout the composite, as suggested by Vogt ([0036], [0038] and FIG. 2).
Vogt in view of Little does not explicitly disclose wherein the resin is a thermoplastic resin.
However, Hirano teaches a preform that includes a plurality of reinforcement fiber layers connected to each other by binder resin (Abstract and col. 3, lines 36-40). The binder resin composition is at least attached to the surface of reinforcement fiber base material and used in the form of reinforcement fiber base material carrying a binder resin composition (col. 10, lines 45-54). Thus, the binder resin composition is not only used in the aforementioned preform, but also used in such reinforcement fiber base material carrying a binder resin composition (same section). When using a binder resin that contains thermosetting resin, it is further preferable for the binder resin to contain thermoplastic resin soluble in the thermosetting resin contained in the binder resin to provide fiber reinforced composite material having improved interlaminar toughness (col. 5, lines 1-5). The thermoplastic resin soluble in thermosetting resin that may be contained in the binder resin preferably accounts for 5 to 80 mass %, more preferably 20 to 60 mass %, of the total mass of the binder resin (col. 5, lines 49-52).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have included 5 to 80 mass % of a thermoplastic resin in the thermosetting resin of Vogt in order to improve the interlaminar toughness of the binder without reducing the adhesiveness of the binder, as suggested by Hirano (col. 5, lines 1-5 and 49-61; also see [0047] and [0054] of Vogt).
Response to Arguments
Applicant's arguments filed 6/11/2026 have been fully considered but they are not persuasive.
Applicant contends the following: “Applicants respectfully believe that Vogt et al. teaches that thermoplastic resins will not work in the invention of Vogt et al. and therefore one of ordinary skill in the art would not take the thermoplastics of Yu et al. and use them in the invention of Vogt et al. This is taught by Vogt et al. in paragraphs [0003] and [0004].”
Regarding this contention, while Vogt teaches disadvantages of purely thermoplastic systems in paragraphs [0003] and [0004], Vogt does not teach away from the incorporation of thermoplastic resins in combination with thermosetting resins. Vogt teaches that the invention uses a combination of thermoplastic binder fiber and a thermosetting resin to improve the mechanical properties of the composite and the dimensional stability at elevated temperatures ([0006]). Therefore, a person having ordinary skill in the art would reasonably expect that the incorporation of a thermosetting resin, particularly in the amounts disclosed by Vogt, would provide the improvements taught by Vogt when combined with thermoplastic materials. In addition, Hirano is applied above in combination with Vogt and Little.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kevin Worrell whose telephone number is (571)270-7728. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached on 571-270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kevin Worrell/Examiner, Art Unit 1789
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789
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