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 3-6 are pending in the application. Claims 2 and 7-17 have been cancelled.
Amendments to claim 1, filed on 2/26/2026, have been entered in the above-identified application.
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 1 and 3-6 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 50 and 75 % by weight first staple fibers.” However, the amount of the first staple fibers in the thermoformable nonwoven composite cannot be as high as 75 % by weight when the amounts of the first binder fibers, the second binder fibers and the resin in the thermoformable nonwoven composite are within the claimed ranges. Claims 1 and 3--6 are rejected because they depend on claim 1.
Claims 5-6 recite the limitation “the water-based polyester coating.” There is insufficient antecedent basis for this limitation in the claims.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 4 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 4 recites the limitation “wherein the first binder fibers are core/sheath fibers”, although claim 1 already recites this limitation. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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, 3-4 and 6 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).
Regarding claims 1, 3-4 and 6, 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 7 and 20 % by weight second 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).
Claim(s) 5 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), as applied above to claim 1 above, further in view of Yu et al. (US 2013/0341290 A1).
Regarding claim 5, Vogt in view of Little remains as applied above.
Vogt in view of Little does not explicitly disclose wherein the polyester coating is a thermoplastic resin.
However, Yu teaches fiber webs which are used in filter media (Abstract). In some embodiments, the fiber web may include a binder resin ([0088]). The binder resin is not in fiber form and is to be distinguished from binder fiber (e.g., a described multi-component fiber) ([0088]). The binder resin may comprise a thermoplastic (e.g., acrylic, polyvinylacetate, polyester, polyamide ), a thermoset (e.g., epoxy, phenolic resin), or a combination thereof ([0088]). The weight percentage of binder resin in the fiber web may be between 0 wt% and 45 wt% ([0089]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have coated the fibers of Vogt in view of Little with a thermoplastic and/or thermoset binder in order to provide binders that are known to facilitate adhesion between fibers in a filter media, as suggested by Yu ([0088] and [0090]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 3-6 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 9,108,839 B2 (Dijkema) teaches a nonwoven comprising thermoplastic fibers, bonding fibers 1 and bonding fibers 2 (Abstract). The fusion temperature of the bonding fibers 1 is preferably at least 20° C. higher than the fusion temperature of the bonding fibers 2 (col. 1, lines 31-35). Preferably the ratio of thermoplastic fibers to bonding fibers 1 to bonding fibers 2 is in a range of 90:5:5 to 40:30:30 percent by weight (col. 2, lines 56-59).
WO 2019206535 A1 (with US 2021/0115605 A1 as an English translation) (Kalweit) teaches at least one thermoformed nonwoven fabric (Abstract). The fabric may include structural fibers having polyethylene terephthalate, first bicomponent binder fibers, and optional second binder fibers (Abstract). Example 2 teaches a nonwoven molded article comprising 60% by weight PET fiber, 20% by weight PET bico core/sheath fiber and 20% by weight of a different PET bico core/sheath fiber with a sheath melting temperature more than 15° C higher than that of the first PET bico sheath.
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 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