DETAILED ACTION
In response to remarks filed on 27 April 2026
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 27 April 2026 has been entered.
Status of Claims
Claims 1-19 are pending;
Claims 1, 2 and 9 are currently amended;
Claims 3-8 and 10-19 were previously presented;
Claims 1-19 are rejected herein.
Response to Arguments
Applicant’s arguments filed on 27 April 2026 have been fully considered. For independent claim 1, the new limitations overcame Yamada but a new reference is being use to reject the claims. For independent claim 9, Yamada has been reinterpreted and the new limitations still read on the reference. The broad claim language and the lack of specific structure regarding the protrusions and depressions allow the prior art to be interpreted broadly.
Claim Rejections - 35 USC § 102
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.
Claims 1, 5, 7, 8, 14 and 16-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Singleton (U.S. Patent Application Publication No. 2006/0133900).
As to Claim 1, Singleton discloses a flexible strip of polymeric material for producing a three-dimensional cellular structure, comprising:
A strip body having a surface (Surface of 10) and being comprised of protrusions (Annotated figure A, “protrusion”; 20 and 60 grouped together) located on said surface, and depressions (Annotated figure A, “depression”; Elements of sheet 12 between protrusions 20/60) alternating with said protrusions along said surface (There are three protrusions and three depressions alternatingly placed as per annotated figure A); and
Reinforcing elements (Annotated figure A, “reinforcement”) being arranged in contact with said surface,
Wherein said reinforcing elements (Annotated figure A, “reinforcement”) are in alternating contact with respective depressions and corresponding protrusions (The surface of the reinforcement contacts a protrusion 20/60, then a depression between protrusions, then another protrusion 20/60, then another depression and so on which is an alternating contact), and
Wherein said reinforcing elements (Annotated figure A, “reinforcement”) are embedded into (The reinforcements are embedded -i.e. enclosed and fixed by protrusions 20/60) and fixed by respective protrusions (Annotated figure A, “protrusion”; 20 and 60 grouped together).
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Figure A. Cross section of strip (Singleton)
As to Claim 5, Singleton discloses the invention of Claim 1 (Refer to Claim 1 discussion). Singleton also discloses further comprising oval through holes (Paragraph 0075: “The reinforced silt retention fabric generally may have a maximum apparent opening size”).
As to Claim 7, Singleton discloses the invention of Claim 1 (Refer to Claim 1 discussion). Singleton also discloses being comprised of high density polyethylene (HDPE), or linear low density polyethylene (LLDPE), or a mixture of high density polyethylene (HDPE) and linear low density polyethylene (LLDPE) as the polymeric material (Paragraph 0046: “Typical thermoplastic polymers that may be suitable for use with the present invention include, but are not limited to, polyolefins, e.g. polyethylene, polypropylene, polybutylene, and copolymers thereof; polytetrafluoroethylene; polyesters, e.g. polyethylene terephthalate; vinyl polymers, e.g., polyvinyl chloride, polyvinyl alcohol, polyvinylidene chloride, polyvinyl acetate, polyvinyl chloride acetate, polyvinyl butyral; acrylic resins, e.g. polyacrylate, polymethylacrylate, and polymethylmethacrylate; polyamides, e.g., nylon 6,6; polystyrenes; polyurethanes; cellulosic resins, e.g., cellulosic nitrate, cellulosic acetate, cellulosic acetate butyrate, ethyl cellulose; copolymers of any of the above materials; or any blend or combination thereof").
As to Claim 8, Singleton discloses the invention of Claim 1 (Refer to Claim 1 discussion). Singleton also discloses being comprised of polypropylene (PP) or propylene homopolymer (PP HO) or metallocene polypropylene (MPP) or random propylene copolymer (PPCP) as the polymeric material (Paragraph 0046: “Typical thermoplastic polymers that may be suitable for use with the present invention include, but are not limited to, polyolefins, e.g. polyethylene, polypropylene, polybutylene, and copolymers thereof; polytetrafluoroethylene; polyesters, e.g. polyethylene terephthalate; vinyl polymers, e.g., polyvinyl chloride, polyvinyl alcohol, polyvinylidene chloride, polyvinyl acetate, polyvinyl chloride acetate, polyvinyl butyral; acrylic resins, e.g. polyacrylate, polymethylacrylate, and polymethylmethacrylate; polyamides, e.g., nylon 6,6; polystyrenes; polyurethanes; cellulosic resins, e.g., cellulosic nitrate, cellulosic acetate, cellulosic acetate butyrate, ethyl cellulose; copolymers of any of the above materials; or any blend or combination thereof").
As to Claim 14, Singleton discloses a three-dimensional cellular structure comprising:
Flexible polymeric strips (10), each strip of the flexible polymeric strings according to claim 1 (Refer to Claim 1 discussion),
The strips (10) being arranged in rows connected therebetween in a staggered order along their length and stretched in a direction normal to their respective surfaces, wherein each of the reinforcing elements (6; Annotated figure A, “reinforcement”) of a respective flexible polymeric strip (10) are placed so as to contact a corresponding surface (Annotated figure A, “surface”) of a corresponding strip body and are embedded in corresponding protrusions (Annotated figure A, “protrusion”; 20 and 60 grouped together) located on the corresponding surface of the corresponding strip body at intersections of the corresponding protrusions and each of the reinforcing elements.
As to Claim 16, Singleton discloses the invention of Claim 14 (Refer to Claim 14 discussion). Singleton also discloses further comprising oval through holes (Paragraph 0075: “The reinforced silt retention fabric generally may have a maximum apparent opening size”) for quick mounting with the use of a key-type fastener, the holes being located in zones of connecting the strips, having an elongated shape extending in the direction of reinforcement and being provided in the interval between the reinforcing elements.
As to Claim 17, Singleton discloses the invention of Claim 14 (Refer to Claim 14 discussion). Singleton also discloses wherein at least one flexible polymeric strip comprises oval through holes (Paragraph 0075: “The reinforced silt retention fabric generally may have a maximum apparent opening size”) for quick mounting with the use of a key-type fastener, the holes being located near end regions of the at least one flexible polymeric strip and extended transversely.
As to Claim 18, Singleton discloses the invention of Claim 14 (Refer to Claim 14 discussion). Singleton also discloses wherein at least one flexible polymeric strip comprises oval through holes (Paragraph 0075: “The reinforced silt retention fabric generally may have a maximum apparent opening size”) for quick mounting with the use of a key-type fastener, the holes being located near end regions of the at least one flexible polymeric strip and extended longitudinally.
As to Claim 19, Singleton discloses the invention of Claim 14 (Refer to Claim 14 discussion). Singleton also discloses being a spatial geogrid (Figure 2).
Claims 9, 11 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamada et al (U.S. Patent No. 6,343,895).
As to Claim 9, Yamada discloses a method for producing a flexible strip of a polymeric material for production of a three-dimensional cellular structure, wherein the strip (3a, 3b) comprises a strip body having a surface (Annotated figure B, “surface”), depressions (Annotated figure B, “depression”) on said surface and protrusions (Annotated figure B, “protrusion”) on said surface, and reinforcing elements arranged in contact with said surface, the method comprising the steps of (The method steps are capable of being performed with the structure disclosed by Yamada):
Extruding (Column 4, Lines 28-32: “The drawn product of high density polyethylene is obtained by zone drawing, roll drawing, high pressure extrusion, high frequency hot drawing, gel drawing, or melting crystallization, and is expected as a material having a high strength and a high elastic modulus”) a polymeric material to produce a preform having a preform surface,
Laying the reinforcing elements (6; Annotated figure B, “reinforcement”) on the preform surface,
Processing the preform in rolls for forming the depressions and protrusions on the preform surface (Column 4, Lines 28-32: “The drawn product of high density polyethylene is obtained by zone drawing, roll drawing, high pressure extrusion, high frequency hot drawing, gel drawing, or melting crystallization, and is expected as a material having a high strength and a high elastic modulus”), and
Cutting (It is inherent that the sheet has to be cut to produce individual sheets) the preform into strips (3a, 3b),
Wherein, when the preform is processed in the rolls (Column 4, Lines 28-32: “The drawn product of high density polyethylene is obtained by zone drawing, roll drawing, high pressure extrusion, high frequency hot drawing, gel drawing, or melting crystallization, and is expected as a material having a high strength and a high elastic modulus”) in the step of forming the depressions and protrusions, the reinforcing elements are additionally embedded said protrusions at intersections of the corresponding protrusions and the reinforcing elements (figure 3 shows that each reinforcement element is made of portions embedded into respective protrusions at intersections between protrusions and reinforcement elements. Annotated figure B shows a reinforcement element made of portions).
As to Claim 11, Yamada discloses the invention of Claim 9 (Refer to Claim 9 discussion). Yamada also discloses wherein the preform is perforated to produce oval through holes (5).
As to Claim 13, Yamada discloses the invention of Claim 9 (Refer to Claim 9 discussion). Yamada also discloses wherein before laying the reinforcing elements (6) on the preform surface (Surface of 3a, 3b), the reinforcing elements (6) are impregnated with an adhesive formulation and/or a formulation that increases their resistance to adverse natural conditions (It is inherent that 6 has to be adhered to 3a. 3b so it does not separate).
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Figure B. Strip (Yamada)
Claim Rejections - 35 USC § 103
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.
Claims 2-4, 6 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Singleton (U.S. Patent Application Publication No. 2006/0133900) alone.
As to Claim 2, Singleton discloses the invention of Claim 1 (Refer to Claim 1 discussion). Singleton also discloses wherein the protrusions (Annotated figure A, “protrusion”) located on the surface of the strip body (10) form a regular relief in the form of embossment, wherein the reinforcing elements (Annotated figure A, “reinforcement”) are arranged longitudinally. Singleton also discloses that the reinforcement elements “typically are wooden or metal, but can be formed from of any other resilient, durable material capable of supporting the web” as per Paragraph 0063. However, Singleton is silent about the reinforcing elements being and comprised of reinforcing threads and is silent about a height of an embossment protrusion, a thickness of the reinforcing thread, and a thickness of the flexible strip being preferably related therebetween by the following ratio 0.01 ≤ (a + c) / d ≤ 4; a - height of the embossment protrusions, a = 0.01-2 mm, c - thickness of the reinforcing thread, c = 0.01-2 mm, d - thickness of the flexible strip, d = 1-2 mm. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to make the reinforcing elements comprise reinforcing threads and also have the height of an embossment protrusion, a thickness of the reinforcing thread, and a thickness of the flexible strip being preferably related therebetween by the following ratio 0.01 ≤ (a + c) / d ≤ 4; a - height of the embossment protrusions, a = 0.01-2 mm, c - thickness of the reinforcing thread, c = 0.01-2 mm, d - thickness of the flexible strip, d = 1-2 mm since such a modification would have involved a mere change in the size of a component and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. A change in size or material is generally recognized as being within the level or ordinary skill in the art.
As to Claim 3, Singleton as modified teaches the invention of Claim 2 (Refer to Claim 2 discussion). However, Singleton as modified is silent about the reinforcing threads having a fleecy surface, and are selected from the group consisting of lavsan textured threads, cord threads, polyester threads, polyamide threads, polypropylene threads, polyethylene threads, viscose threads, polyester lavsan-staple threads, or said threads combined with composite materials. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to make the reinforcing threads have a fleecy surface, and selected from the group consisting of lavsan textured threads, cord threads, polyester threads, polyamide threads, polypropylene threads, polyethylene threads, viscose threads, polyester lavsan-staple threads, or said threads combined with composite materials since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
As to Claim 4, Singleton as modified teaches the invention of Claim 2 (Refer to Claim 2 discussion). However, Singleton as modified is silent about having a strength by the following ratio 0.05 ≤ R x (h/b) ≤ 12, where: R - strength of the flexible strip under tension at maximum load, kN/m, b – reinforcement step, b ≥ 0.002 m, d - thickness of the flexible strip, d = 0.001-0.002 m, h - width of the flexible strip, h = 0.05-0.3 m. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to have a strength of the flexible strip and its reinforcement step are related therebetween by the following ratio 0.05 ≤ R x (h/b) ≤ 12, where: R - strength of the flexible strip under tension at maximum load, kN/m, b – reinforcement step, b ≥ 0.002 m, d - thickness of the flexible strip, d = 0.001-0.002 m, h - width of the flexible strip, h = 0.05-0.3 m since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level or ordinary skill in the art.
As to Claim 6, Singleton discloses the invention of Claim 1 (Refer to Claim 1 discussion). Singleton also discloses further comprising round through drain holes (Paragraph 0075: “The reinforced silt retention fabric generally may have a maximum apparent opening size”). However, Singleton is silent about the drain holes having a diameter from 6 to 13 mm, and a total perforation area being from 3 to 25% for every 150 to 250 mm of a length of the strip. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to make the drain holes having of a diameter from 6 to 13 mm, and a total perforation area being from 3 to 25% for every 150 to 250 mm of a length of the strip such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level or ordinary skill in the art.
As to Claim 15, Singleton discloses the invention of Claim 14 (Refer to Claim 14 discussion). Singleton also discloses wherein the flexible polymeric strips are provided with round through drain holes (Paragraph 0075: “The reinforced silt retention fabric generally may have a maximum apparent opening size”) arranged longitudinally in rows between the reinforcing elements, with the exception of zones where the strips are connected. However, Singleton is silent about the drain holes having a diameter from 6 to 13 mm, and a total perforation area being from 3 to 25% for every 150 to 250 mm of a length of the strip. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to make the drain holes having of a diameter from 6 to 13 mm, and a total perforation area being from 3 to 25% for every 150 to 250 mm of a length of the strip such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level or ordinary skill in the art.
Claims 10 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamada et al (U.S. Patent No. 6,343,895) alone.
As to Claim 10, Yamada discloses the invention of Claim 9 (Refer to Claim 9 discussion). Yamada also discloses wherein, when the preform is processed in the rolls, the protrusions (Annotated figure B, “protrusion”) on the surface of the strip body are formed by providing a regular relief in the form of embossment; wherein the reinforcing elements (6; Annotated figure B, “reinforcement”) are arranged longitudinally; and wherein reinforcing threads (Column 5, Lines 66-67: “Each bar-like body (projecting portion) 6 made from nylon”) comprised of high-strength fibers, the fibers being twisted synthetic threads with a fleecy surface, are used as the reinforcing elements. However, Yamada is silent about a height of an embossment protrusion, a thickness of the reinforcing thread, and a thickness of the flexible strip being preferably related therebetween by the ratio 0.01 ≤ (a + c) / d ≤ 4; a - height of the embossment protrusions, a = 0.01-2 mm, c - thickness of the reinforcing thread, c = 0.01-2 mm, d - thickness of the flexible strip, d = 1-2 mm. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to have the height of an embossment protrusion, a thickness of the reinforcing thread, and a thickness of the flexible strip being preferably related therebetween by the following ratio 0.01 ≤ (a + c) / d ≤ 4; a - height of the embossment protrusions, a = 0.01-2 mm, c - thickness of the reinforcing thread, c = 0.01-2 mm, d - thickness of the flexible strip, d = 1-2 mm since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level or ordinary skill in the art.
As to Claim 12, Yamada discloses the invention of Claim 9 (Refer to Claim 9 discussion). Yamada also discloses wherein, before cutting into strips, the preform is perforated to produce round through drain holes (5). However, Yamada is silent about the drain holes having a diameter from 6 to 13 mm, and a total perforation area being from 3 to 25% for every 150 to 250 mm of a length of the strip. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to make the drain holes having of a diameter from 6 to 13 mm, and a total perforation area being from 3 to 25% for every 150 to 250 mm of a length of the strip such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level or ordinary skill in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN J TOLEDO-DURAN whose telephone number is (571)270-7501. The examiner can normally be reached Monday through Friday: 10:00AM to 6:00PM EST.
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/EDWIN J TOLEDO-DURAN/Primary Examiner, Art Unit 3678
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