DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election of Group I, claims 1-10, 17-19, 21-26 and species of a) a (meth)acrylated epoxy novolak resin, b) a mixture as claimed in claim 17 and c) lignin in the reply filed on 12/1/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.03(a)).
Claims 24-25, 27 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/1/2025.
Claim Objections
Claim 5 objected to because of the following informalities: it is recommended claim 5 be amended to “wherein when the composition is cured, it creates more than…”. Appropriate correction is required.
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.
Claim 2 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 pre-AIA the applicant regards as the invention.
Claim 2 recites a viscosity value without a shear rate/frequency. A viscosity value is dependent on temperature and shear rate/frequency. From a scientific point of view, a viscosity without a shear rate/frequency is meaningless. For purposes of expediting prosecution, any number would read on the limitation.
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.
Claim(s) 1-3,5-10, 21-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Qin et al (CN 107244127).
In setting forth this rejection a machine translation of CN 107244127 has been relied upon and all citations to paragraph numbers in the discussion below are with respect to the machine translation.
Claims 1-3, 6-10, 21: Qin teaches a composition comprising a photocurable resin, an active diluent, glass fiber and a photoinitiator, the photocurable resin can be phenolic epoxy acrylate, the active diluent can be trimethylolpropane triacrylate having H/C ratio of 1.3 [0010, 0014-0015, 0021]. Bisphenol A epoxy acrylate has an approximate H/C ratio of 1.1-1.3, phenolic epoxy acrylate (i.e. novolac epoxy acrylate) has an approximate H/C ratio of 0.8-1.1 (a detailed analysis is available upon request).
Claim 5: because Qin teaches the claimed composition, it is therefore inherent that the composition exhibit claimed property since such a property is evidently dependent upon the nature of the composition used, see MPEP 2112.01. Absent an objective showing to the contrary, the addition of the claimed physical properties to the claim language fails to provide patentable distinction over the prior art.
Claim 22: it is noted that the instant specification discloses opaque reinforcement including glass fiber and UV transparent reinforcement including glass as well. Therefore, glass fiber reads on both.
Claim(s) 1-3, 5-6, 8-10, 18, 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xi et al (CN 104293167).
In setting forth this rejection a machine translation of CN 104293167 has been relied upon and all citations to paragraph numbers in the discussion below are with respect to the machine translation.
Claims 1-3, 6, 8-10, 18, 21: Xi teaches a composition comprising an aliphatic polyurethane diacrylate and photosensitive phenolic epoxy acrylate (i.e. phenolic novolak epoxy acrylate), carbon nanofiber and a photoinitiator benzophenone [example 1]. An approximated range of H/C ratio for a typical phenolic novolak epoxy acrylate oligomer is 0.8-1.1.
Claim 5: because Xi teaches the claimed composition, it is therefore inherent that the composition exhibit claimed property since such a property is evidently dependent upon the nature of the composition used, see MPEP 2112.01. Absent an objective showing to the contrary, the addition of the claimed physical properties to the claim language fails to provide patentable distinction over the prior art.
Claim(s) 1-5, 7-10, 17-18, 21-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Griffini et al (3D-printable CFR polymer composites with dual-cure sequential IPNs, Polymer, Vol 91, 17 March 2016, P 174-179).
Claim 1-4, 7-9, 17-18, 21-22: Griffini teaches a curable composition comprising bisphenol A diglycidyl ether having an H/C ratio of 1.14 (i.e. the claimed component b)), bisphenol A ethoxylate diacrylate SR349 having an H/C ratio of 1.26, (ethoxylated (3) bisphenol A diacrylate C27H34O9, i.e. the claimed component a)), carbon fibers, silica and a photoinitiator (p 175, 2. Experimental). Bisphenol A ethoxylate diacrylate also reads on component b), therefore a blend of bisphenol A diglycidyl ether and partial of bisphenol A ethoxylate diacrylate read on the limitation of claim 17.
Claim 1-4, 7, 10, 17-18, 21-22: Griffini teaches a curable composition comprising bisphenol A diglycidyl ether having an H/C ratio of 1.14 (i.e. the claimed component a)), bisphenol A ethoxylate diacrylate SR349 having an H/C ratio of 1.26, (ethoxylated (3) bisphenol A diacrylate C27H34O9, i.e. the claimed component b)), carbon fibers, silica and a photoinitiator (p 175, 2. Experimental). Bisphenol A diglycidyl ether also reads on component b), therefore the blend of bisphenol A ethoxylate diacrylate and partial of bisphenol A diglycidyl ether read on the limitation of claim 17.
Claim 5: because Griffni teaches the claimed composition, it is therefore inherent that the composition exhibit claimed property since such a property is evidently dependent upon the nature of the composition used, see MPEP 2112.01. Absent an objective showing to the contrary, the addition of the claimed physical properties to the claim language fails to provide patentable distinction over the prior art.
Claim(s) 1-5, 7-10, 18-19, 21, 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gupta et al (Dual curing of carbon fiber reinforced photoresins for rapid prototyping, Polymer Composites, vol 23, no 6, Dec 2002, 1162-1170).
Claims 1-4, 7-10, 18-19, 21, 23: Gupta teaches a composition comprising a bisphenol A epoxy acrylate, bisphenol A ethoxylated dimethacrylate, trimethylolpropane triacrylate, a photo initiator, a thermal initiator and carbon fiber tow which reads on continuous fibers (p 1163). An approximate H/C ratio for bisphenol A epoxy acrylate is 1.1-1.3.
Claim 5: because Gupta teaches the claimed composition, it is therefore inherent that the composition exhibit claimed property since such a property is evidently dependent upon the nature of the composition used, see MPEP 2112.01. Absent an objective showing to the contrary, the addition of the claimed physical properties to the claim language fails to provide patentable distinction over the prior art.
Claim(s) 1-10, 17, 26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al (CN 110483050).
In setting forth this rejection a machine translation of CN 110483050 has been relied upon and all citations to paragraph numbers in the discussion below are with respect to the machine translation.
Claims 1-4, 6-10, 26: Zhang teaches a composition comprising an oligomer, a reactive diluent, a photoinitiator, a carbon rich material such as lignin, and additives such as carbon black [0014-0016, 0019, 0061]. The oligomer can be phenol-formaldehyde epoxy acrylate. The phenol-formaldehyde epoxy acrylate has an approximated range of H/C ratio is 0.8-1.1. The diluent can be phenoxyethyl acrylate [0016].
Claim 5: because Zhang teaches the claimed composition, it is therefore inherent that the composition exhibit claimed property since such a property is evidently dependent upon the nature of the composition used, see MPEP 2112.01. Absent an objective showing to the contrary, the addition of the claimed physical properties to the claim language fails to provide patentable distinction over the prior art.
Claim 17: the diluent can be a mixture of glycidyl methacrylate and phenoxyethyl acrylate or other combinations [0016].
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/WENWEN CAI/
Primary Examiner, Art Unit 1763
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