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 1-2, 4, 6-7 and 10-14 are pending in the application. Claims 3, 5 and 8-9 have been cancelled.
Amendments to claims 1, 4 and 7, and new claims 10-14, filed on 12/9/2025, have been entered in the above-identified application.
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 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.
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.
Claim(s) 1-2, 4, 6 and 10-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Erlendsson ‘098 (US 2014/0345098 A1).
Regarding claims 1 and 10, Erlendsson ‘098 teaches a high strength synthetic strength member (7) containing rope (1) (Abstract). FIG. 2 depicts a preferably thermoplastic shaped supportive core 3 enclosing a lead core 2, the shaped supportive core 3 being enveloped within a flow shield sheath 5 ([0041]). Strength member 7 (an intermediate film as claimed) encloses the combination of the shaped supportive core 3, its enveloping flow shield sheath 5 and its lead core 2 ([0041]). Sheath 8 preferably is of a braided construction and is adhered to strength member 7 by elastic adhesive substance layer 9, that preferably is formed of a settable adhesive substance ([0041]). Preferably braided sheath 8 is formed of multiple coverbraid strands 10 by use of a braiding machine, the coverbraid strands 10 preferably are of a laid construction ([0041]). Lead core 2 is optional ([0041]). For instance, Erlendsson ‘098 teaches wherein a tightly woven braided flow-shield sheath is braided around a thermoplastic rod, the combination of which (the examiner notes) meets the claimed “twine core” limitation ([0076]).
Erlendsson ‘098 teaches that examples of suitable adhesive substances include silicone, including pure (100%) silicone, as well as a substance that can be made by combining substances known in the industry as "hot melts" with sufficient elastomer and/or elastomeric substances so as to result in a highly elastic hot melt type substance exhibiting the above taught elasticity values at the above taught temperature ranges ([0046] and middle of [0060]). While the flowable settable adhesive substance is still liquid and/or semi-liquid (including "flowable") it is situated upon the outside surface of the preferably permanently elongated strength member, then a preferably braided sheath is formed about the combination of the permanently elongated strength member and the flowable settable adhesive substance ([0088]). The temperature of the settable adhesive substance at the time when it contacts the strength member preferably is less than eighty (80) degrees Centigrade, and also preferably less than 117% Centigrade, and at a temperature that shall not damage the synthetic filaments contacting the adhesive substance ([0088]). The examiner notes that the strength member (the intermediate film) is therefore coupled with the braided sheath using an adhesive that liquifies at temperatures overlapping with the claimed range of between 70°C and 180°C. The product being claimed is the same as or is obvious over the prior art product, in which case differences in process are not considered to impart patentability. Thus, the burden is shifted to Applicant to show that any differences in process would result in a difference, including an unobvious difference, between the claimed product and the prior art product.
Erlendsson ‘098 does not explicitly disclose wherein the intermediate film (104) has a width ranging from 2 mm to 500 mm.
However, Erlendsson ‘098 teaches that that the proportion of the cross sectional area of the synthetic rope that is occupied by the combination of the strength member and anything enveloped by the strength member be at least 30% of the total cross sectional area of the rope and more preferably at least 40% of the total cross sectional area of the rope, and preferably at least 50% of the total cross sectional area of the rope, and yet more preferably at least 60%, at least 65%, at least 70%, at least 75%, at least 80%, at least 85%, at least 90% and/or at least 95% of the total cross sectional area of the rope ([0105]). In a most highly preferred embodiment, the thickness of the wall of the braided sheath is less than 16 mm (sixteen millimeters), with approximately from 2 mm ( two millimeter) to 3 mm (three millimeter) being preferred, with at least 0.5 mm (half a millimeter) being useful ([0106]). The thickness of the layer of the set adhesive substance is preferably less than 0.15 mm in thickness ([0092]). As calculated by the examiner, with the thickness of the adhesive layer considered to be negligible, the diameter of the sheath member would be at least about 6 mm when the braided sheath has a wall thickness of 2.5 mm and the proportion of the cross sectional area of the synthetic rope occupied by the combination of the strength member and anything enveloped by the strength member is at least 30% of the total cross sectional area of the rope.
Erlendsson ‘098 does not explicitly disclose that materials of the twine core (102) and the braided sheath (106) are selected such that a softening temperature of the twine core (102) is less than a softening temperature of the braided sheath (106).
However, Erlendsson ‘098 teaches that the filaments forming the braided strength member either reach their phase change temperature or approach sufficiently closely to their phase change temperature so as to permit creeping of the filaments ([0078], [0148] and [0153]). I.e. so as to permit permanently elongating both the filaments forming the strength member, as well so as to permit permanently elongating the strength member itself ([0078]). A thermoplastic is selected to form the thermoplastic core that shall preferably become semi-liquid, i.e. molten, at the temperature used to permanently elongate the filaments and braided strength member formed of the filaments ([0078]). Erlendsson ‘098 further teaches that the settable adhesive substance is situated upon the strength member at temperature that is lower than a phase change temperature of fibers forming the strength member, and preferably also lower than a phase change temperature of fibers forming a braided sheath to be formed about the strength member ([0088]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have provided both the braided sheath and the strength member (the intermediate film) with materials having higher softening temperatures than that of the material of the thermoplastic core in order to ensure that the thermoplastic core will not only be softened, but will be molten, at temperatures that allow the filaments of the strength member to be permanently elongated (i.e., at temperatures either lower than or at a phase change temperature of the filaments of the strength member).
Regarding claim 2, Erlendsson ‘098 teaches a thermoplastic shaped supportive core 3 enveloped within a flow shield sheath 5 ([0041]). For instance, Erlendsson ‘098 teaches wherein a tightly woven braided flow-shield sheath is braided around a thermoplastic rod, the combination of which (the examiner notes) meets the claimed “twine core” limitation ([0076]).
Regarding claim 4, Erlendsson ‘098 teaches that a braided sheath is tightly braided about the outside surface of the strength member using known methods and preferably from filaments formed and/or mainly formed of the same material as filaments forming the strength member ([0053]) . The rope preferably has its primary strength member formed of UHMWPE and/or LCP and/or PBO ([0045] and [0069]). Erlendsson ‘098 further teaches that polyester is suitable for the filaments selected to form the flow-shield sheath, and polyethylene is a good material for most thermoplastic cores ([0076] and [0147]).
Regarding claim 6, Erlendsson ‘098 teaches that the strength member may be parallel laid, laid (including twisted) or braided ([0069]). The rope preferably has its primary strength member formed of UHMWPE and/or LCP and/or PBO ([0045] and [0069]).
Regarding claim 11, Erlendsson ‘098 teaches causing the braid angle to become more obtuse, until the braid angle is nearer to eighty-nine degrees than it is to seventy degrees when measured between the braid ring and a converging strand used in forming the hollow braided sheath, with a braid angle of about eighty to eighty-seven degrees being also useful ([0124]). 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 adjusted the braid angle of the braided sheath to be more obtuse or more acute depending on the elasticity of the fibers in the braided sheath relative to the elasticity of the fibers in the strength member, so that the braided sheath and the strength member both experience total failure at the same elongation of the final produced rope ([0145] and [0102]).
Regarding claim 12, Erlendsson ‘098 teaches that the flow shield-sheath mainly or entirely stops the phase changed thermoplastic core from exiting the flow-shield sheath ([0078] and [0088]). That is, the majority of the thermoplastic core is unable to exit the flow-shield sheath even when the thermoplastic core is either liquid or semi-liquid, i.e. molten, despite enormous constrictive and compressive forces applied to the phase changed thermoplastic core as a result of the high tensions applied to the strength member, such high tensions able to permanently elongate the strength member under the conditions taught ([0078]). The examiner notes that when the flow shield-sheath mainly (as opposed to entirely) stops the phase changed thermoplastic core from exiting the flow-shield sheath, a minor portion of the thermoplastic core would be capable of exiting the flow-shield sheath. In addition, as the braided sheath may have a higher phase change temperature than the thermoplastic core, the adhesive and the strength member (see [0088] and [0145], as applied to claim 13 below), the braided sheath would be capable of, upon application of a longitudinal tension, elongating to increase the braid angle and constrict in diameter, causing at least a portion of an inner surface of the braided sheath to contact and cinch the twine core.
Regarding claim 13, Erlendsson ‘098 does not explicitly disclose wherein a softening temperature of the intermediate film (104) is less than the softening temperature of the braided sheath (106).
However, Erlendsson ‘098 teaches that the settable adhesive substance is situated upon the strength member at temperature that is lower than a phase change temperature of fibers forming the strength member, and preferably also lower than a phase change temperature of fibers forming a braided sheath to be formed about the strength member as taught in subsequent steps of the disclosed method ([0088]). Erlendsson ‘098 also teaches that when less elastic fibers form the braided sheath, and more elastic fibers form the strength member core rope, the strength member core rope's strands are of a less obtuse braid angle than are the strands forming the braided sheath ([0145]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have provided the strength member with a lower softening temperature than that of the braided sheath in order to provide the strength member with fibers that are also likely to be more elastic at a given temperature and over useful temperature ranges for the disclosed ropes ([0048] and [0145]).
Regarding claim 14, Erlendsson ‘098 teaches that the strength member may be parallel laid, laid (including twisted) or braided ([0069]). The examiner notes that the strength member can therefore have a grooved surface.
Claim(s) 1-2, 4, 6-7, 10-12 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Erlendsson ‘732 (WO 2004/020732 A2, attached 5/20/25) in view of Nakanishi (JP 2002/339179, attached 10/21/25), further in view of Erlendsson ‘131 (US 2012/0118131 A1).
Regarding claims 1 and 10, Erlendsson ‘732 teaches a rope that is produced by providing a stiff core (1) (a twine core) and fiber rope jacket (4) (a braided sheath) surrounding the core and by changing the phase condition of the core while stretching the rope, such that inside vacancies between the fiber rope jacket (4) and the core (1) are eliminated permanently (Abstract and FIGS. 4-5). In certain useful embodiments, the core comprises additionally a central inner core (or "strength member'') with different material properties than the main core material, for added strength and/or stiffness (page 3, lines 25-27). The central inner core is preferably made from a fiber thread or filament, twinned or braided, from a suitable polymer, a single thread or metal wire, e.g. a lead or steel wire (page 3, lines 27-29). The core 1 is extruded with or without strength member 2 in the middle (page 8, lines 27, and FIGS. 4-5). If desired, a sheet 3 is applied with a co-extrusion, pultrusion, wrapping, twisting or overbraiding or a multiple or combination of the methods (an intermediate film) (page 8, lines 29-31, and FIGS. 4-5). The jacket may be braided in such a way that strands form at least three-strand laid rope, such as a four- or six-strand laid rope (page 4, lines 9-11).
Furthermore, in order to enhance the strength of the at least one jacket layer, the threads and the strands in the at least one jacket layer are preferably internally fixed together (page 5, lines 1-4). Such internal fixing may be obtained by contacting (impregnating) the jacket (optionally with the core mounted inside) with an adhesion material, such as preferably polyurethane or another material with similar suitable properties, e.g. by immersion, or by other suitable techniques such as spraying or using wet rollers (page 5, lines 8-12). Erlendsson ‘732 teaches that in one preferred embodiment of the method the at least one jacket layer and optionally the core are brought in contact with an adhesion material so that the fibers in the sheet layer are internally joined together prior to the changing of the phase condition of the core (page 6, lines 18-26, and page 7, lines 22-29). The examiner notes that Erlendsson ‘732 also describes a method in which an adhesive (e.g., polyurethane) is impregnated into a rope comprising the core 1, a sheet 3 (if desired) and braided strands 5 of the braided jacket (page 8, line 27 to page 9, line 3). Contacting the at least one jacket layer and the core with an adhesion material in such as manner would result in the jacket layer, the sheet 3 and the core 1 being coupled to each other using an adhesive. The product being claimed is the same as or is obvious over the prior art product, in which case differences in process are not considered to impart patentability. Thus, the burden is shifted to Applicant to show that any differences in process would result in a difference, including an unobvious difference, between the claimed product and the prior art product.
During the production process the rope is heated up and stretched in such a way that it will be permanently elongated (page 2, lines 27-28, and Abstract). The thermoplastic core goes through a transition from a first solid phase to second phase (typically a liquid or semi-liquid phase) and back to solid phase by means of the heating (page 2, lines 28-30, and page 5, lines 14-20). As mentioned, the first phase condition is typically a solid phase condition for both the core and the jacket (page 3, lines 31-32). In preferred embodiments, the rope is treated such that the phase of the core changes while the phase conditions of the jacket remain unchanged (page 3, lines 32-34). The elongation results in that the at least one jacket layer is clenched widthwise (cross-sectional), such that the core material when softened fills up in vacancies between the core and said at least one jacket layer (page 5, lines 27-29). Therefore, the examiner notes that the materials of the thermoplastic core and the jacket (the braided sheath) would be such that the softening temperature of the thermoplastic core is less than the softening temperature of the jacket (the braided sheath), as claimed.
Erlendsson ‘732 does not explicitly disclose wherein the adhesive liquifies within a temperature range of between 70°C and 180°C.
However, Nakanishi teaches yarn having a low elongation, useful as fishline for various leisure and fishery industry, marine resources such as fishing nets and long lines, ropes, etc. (Abstract). Two types of filaments may be twisted, braided, or fused with a thermal adhesive resin ([0017]). Alternatively, one of the filaments may be used as a core yarn, and the other filament may be braided around the core yarn, or may be arranged so as to surround the core yarn and fused ([0017]). Specifically, the thermal adhesive resin is a resin having a melting point of about 50 to 160 ° C., preferably a resin having a melting point of about 60 to 135 ° C., and particularly preferably a resin having a melting point of about 100 ° C ([0045]). Such a polyolefin-based resin easily exhibits fluidity even when heated for a short period of time, and can rapidly diffuse and penetrate not only to the surface of the fiber but also to the center of the fiber, and thus can exhibit an excellent adhesive function ([0047]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have used a thermal adhesive resin, such as a polyolefin-based resin, as the adhesive for bonding the fibers in the jacket and the core of the rope of Erlendsson ‘732 because Nakanishi teaches that such adhesives are known, can rapidly diffuse and penetrate not only to the surface of a fiber but also to the center of a fiber, can thus exhibit an excellent adhesive function, and are suitable for yarns used in fishing industries (Abstract and [0047]).
Erlendsson ‘732 in view of Nakanishi does not explicitly disclose wherein the cover sheet layer (the intermediate film) has a width ranging from 2 mm to 500 mm.
However, Erlendsson ‘131 teaches a helix rope for a trawl (Abstract and ([0001]). In reference to FIG. 1, the helix rope 35 includes a braided sheath 398 formed about a strength member core 37 ([0028]). The braided sheath 398 is formed of multiple strands 397 and at least one helixing strand 36 ([0028]). The thickness of the braided sheath 398's wall is preferentially less than one millimeter, and may be up to two millimeters ([0033]). For a superior drag reducing embodiment, at least some diameters of helix rope of the disclosure including approximately sixteen mm and eighteen mm diameter have been found to have a lowest drag when void space exists between adjacent strands forming the braided sheath, so that what is enveloped by the braided sheath is discernible by an unaided healthy human eye ([0045]).
It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have provided the rope with a diameter of approximately sixteen or eighteen mm, and to have provided the braided jacket with a thickness of up to two millimeters in order to obtain ropes that can be used with reduced drag for towing warps, trawler warps, yachting ropes, mooring lines, anchoring lines, oil derrick anchoring lines, seismic lines, paravane lines (Abstract, [0028] and [0045]). 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 core and the cover sheet layer (the intermediate layer) within the braided jacket with a combined diameter of less than approximately sixteen or eighteen mm, as the core and the intermediate layer are enveloped by the braided jacket. Therefore, the width (diameter) of the cover sheet layer (the intermediate layer) would overlap with the claimed range of from 2 mm to 500 mm.
Regarding claim 2, Erlendsson ‘732 teaches that the core material may be selected from any of a number of suitable thermoplastic materials (page 3, lines 17-23). The central inner core is preferably made from a fiber thread or filament, twinned or braided, from a suitable polymer, a single thread or metal wire, e.g. a lead or steel wire (page 3, lines 27-29).
Regarding claim 4, Erlendsson ‘732 teaches that the central inner core is preferably made from a fiber thread or filament, twinned or braided, from a suitable polymer, a single thread or metal wire, e.g. a lead or steel wire (page 3, lines 27-29). The examiner notes that the polymer would either be of natural origin or synthetic origin or semi synthetic origin as claimed. The at least one jacket layer is preferably made of a plurality of strands where each strand typically is a bundle of fiber filaments, threads or yarns (page 4, lines 8-9). The jacket may be made of one or more suitable materials, typically from one or more polymer fiber material such as but not limited to nylon, polyethylene, including high-density and ultra high-molecular weight polyethylene polymers (e.g. Dyneema™ (DSM, Herleen, Netherlands)), aramids, liquid crystal polymers, PBO (polybenzoxazole polymer) or polyester, and any combination thereof, such combinations may also comprise steel wires or in certain embodiment the jacket additionally comprises thermoplastic fiber threads, that during heating will soften or melt to blend in with the bulk material of the jacket (page 4, lines 22-29).
Regarding claim 6, Erlendsson ‘732 teaches that, if desired, sheet 3 is applied with a co-extrusion, pultrusion, wrapping, twisting or overbraiding (a braided tape) or a multiple or combination of the methods (page 8, lines 29-31).
Regarding claim 7, Erlendsson ‘732 further teaches that during the production process the rope is heated up and stretched in such a way that it will be permanently elongated (page 2, lines 27-28, and Abstract). The thermoplastic core goes through a transition from a first solid phase to second phase (typically a liquid or semi-liquid phase) and back to solid phase by means of the heating (page 2, lines 28-30). During the second phase the core material will adapt to the void space within the rope jacket in which it is enclosed (page 2, lines 30-32). The rope is then cooled down under tension until the core has regained its solid phase (page 2, lines 32-33). As mentioned, the first phase condition is typically a solid phase condition for both the core and the jacket (page 3, lines 31-32. In preferred embodiments, the rope is treated such that the phase of the core changes while the phase conditions of the jacket remain unchanged (page 3, lines 32-34). The elongation results in that the at least one jacket layer is clenched widthwise (cross-sectional), such that the core material when softened fills up in vacancies between the core and said at least one jacket layer (page 5, lines 27-29). The perpendicular forces will move the now liquid core material into the inside voids of the rope and fill them up, to the extent that the core sheet layer 3 allows the penetration of the core material (page 9, lines 12-15).
In addition, Erlendsson ‘732 teaches that, preferably, the temperature for the phase change is in the range of 50-180°C, and preferably in the range of 100-130°C, or in the range of 110-120°C, such as, e.g., about 110, 112, or 115°C (page 5, lines 15-17). Nakanishi teaches a thermal adhesive resin having a melting point of about 50 to 160 ° C., preferably a resin having a melting point of about 60 to 135 ° C., and particularly preferably a resin having a melting point of about 100 ° C ([0045]).
The examiner notes that claim 7 includes product-by-process limitations. The product being claimed is the same as or is obvious over the prior art product, in which case differences in process are not considered to impart patentability. Thus, the burden is shifted to Applicant to show that any differences in process would result in a difference, including an unobvious difference, between the claimed product and the prior art product.
Regarding claim 11, Erlendsson ‘131 teaches causing the braid angle to become more obtuse, until the braid angle is nearer to eighty-nine degrees than it is to seventy degrees when measured between the braid ring and a converging strand used in forming the hollow braided sheath, with a braid angle of about eighty to eighty-seven degrees being also useful ([0078]). 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 adjusted the braid angle of the braided sheath to be more obtuse or more acute depending on the elasticity of the fibers in the braided sheath relative to the elasticity of the fibers surrounded by the braided sheath, so that the components of the rope experience total failure at the same elongation of the final produced rope (Erlendsson ‘131: [0100]).
Regarding claim 12, Erlendsson ‘732 teaches that, in preferred embodiments, the rope can be treated such that the phase of the core changes while the phase conditions of the jacket remain unchanged (page 3, lines 32-34). Nakanishi teaches a thermal adhesive resin having a melting point of about 50 to 160 ° C., preferably a resin having a melting point of about 60 to 135 ° C., and particularly preferably a resin having a melting point of about 100 ° C ([0045]). The examiner notes that the braided jacket would therefore be capable of, upon application of a longitudinal tension, elongating to increase the braid angle and constrict in diameter, causing at least a portion of an inner surface of the braided sheath to contact and cinch the twine core.
Regarding claim 14, Erlendsson ‘732 teaches that, if desired, sheet 3 is applied with a co-extrusion, pultrusion, wrapping, twisting or overbraiding or a multiple or combination of the methods (page 8, lines 29-31). (Also see [0028] and FIG. 1 of Erlendsson ‘131). The examiner notes that the strength member would therefore have a grooved surface.
Response to Arguments
Applicant's arguments filed 12/9/2025 have been fully considered but they are not persuasive.
Applicant contends the following: “Further, since Nakanishi does not contemplate the "intermediate film" or its structural or functional equivalent, it cannot possibly teach the "intermediate film" being coupled with the filaments braided around the core yarn.” Applicant also contends that a person of ordinary skill in the art, starting from Erlendsson's sheet 3, would have had no teaching, suggestion, or motivation to look to Nakanishi because (1) Nakanishi provides no teaching of any "intermediate film" (or any structural or functional equivalent thereof) and (2) Nakanishi's fusion occurs directly between the core filament and the other filaments without any intervening layer.
Regarding these contentions, the combination of Erlendsson ‘732 in view of Nakanishi is applied above as meeting the claimed limitations. Erlendsson ‘732 teaches that, in one preferred embodiment of the method the at least one jacket layer (the braided sheath) and optionally the core (the twine core) are brought in contact with an adhesion material, so that the fibers in the sheet layer are internally joined together prior to the changing of the phase condition of the core (page 6, lines 18-21). Erlendsson ‘732 further describes a method in which an adhesive (e.g., polyurethane) is impregnated into a rope comprising the sheet 3 (the intermediate film) between the braided strands 5 and the core 1 (page 8, line 27 to page 9, line 3). The examiner notes that contacting the at least one jacket layer and the core with an adhesion material in such as manner would result in the jacket layer, the sheet 3 and the core 1 being coupled to each other using an adhesive. Erlendsson ‘732 does not disclose a temperature at which the adhesive liquifies. However, Nakanishi teaches known adhesives that are used to bond fibers within ropes for use in the fishing industry, wherein the adhesives can rapidly diffuse and penetrate not only to the surface of a fiber but also to the center of a fiber, and can thus exhibit an excellent adhesive function [0046]). Therefore, a person having ordinary skill in the art would reasonably have utilized the disclosed adhesives, which melt at temperatures overlapping with the claimed temperature range, to bond fibers within the disclosed ropes. Although Nakanishi does not teach an intermediate layer, Erlendsson ‘732 teaches impregnating an adhesive into a rope comprising a sheet 3 (an intermediate layer), which may be a braided or twisted layer. Nakanishi teaches adhesives that can not only rapidly diffuse and penetrate to the surface of a fiber but also to the center of a fiber ([0046]). Therefore, there would have been a reasonable expectation of success in using the adhesives taught by Nakanishi in the disclosed ropes, particularly as the ropes are also used in the same industries.
Applicant contends that: “the specific process limitations recited in claim 7, including the precise temperature control of the adhesive's liquification and the resulting structural effect of the braided sheath's filaments being pressed into the core, impart a distinct structural characteristic to the braided twine that is not achieved by Erlendsson' s or Nakanishi's process, either alone or in combination, thereby distinguishing the claimed product from the prior art product. Thus, Applicant respectfully submits that the product-by-process limitations in claim 7 result in an unobvious difference over Erlendsson and Nakanishi.”
Regarding this contention, it is unclear from applicant’s arguments what the distinct structural characteristic to the braided twine are compared to the structural characteristics that are provided by Erlendsson ‘732.
Conclusion
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/Kevin Worrell/Examiner, Art Unit 1789
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789