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 .
Applicant’s amendment and accompanying remarks filed October 14, 2025 are acknowledged.
Examiner acknowledges amended claim 22.
Examiner acknowledges cancelled claims 1-15.
Examiner acknowledges withdrawn claims 16-21 and 24.
Examiner acknowledges newly added claims 25-40.
The rejection of claims 5-6, 8 and 10 under 35 U.S.C. 112(b) or 35 U.S.C (pre-AIA ) second paragraph is rendered moot as Applicant has cancelled claims 1-15.
The rejection of claims 1-7, 9-14 and 22-23 under 35 U.S.C. 102(a)(1) & (a)(2) as being anticipated by Ueda et al., JP2003/351858 is overcome by Applicant’s amendment.
Claim Objections
Applicant’s claim set include two (2) claim numbers 38 with different limitations. Please amend the second claim 38 to read “claim 39”.
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 26, 32 and 36-37 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.
Regarding claim 26, a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 26 recites the broad recitation of fibers present in the amount of 50 to 95 vol% and the claim also recites the fibers present in at least 90 vol% which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Regarding claim 32, a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 26 recites the broad recitation of fibers present in the amount of 50 to 99 vol% and the claim also recites the fibers present in at least 90 vol% which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
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 22-23, 25-28 and 32-39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jha et al., CN105163931.
Regarding claim 22, 25-26, 32-33 Jha discloses a flexible pipe body [0001]. Paragraph 0059 discloses a composite material including glass, ceramic or carbon fibers with thermosetting resin such as epoxy resin, polyimides or bismaleimides wherein more than 90% by volume of fibers are aligned in an axial direction of the composite. Figure 4b shows a core 302 including a composite material including glass, ceramic or carbon fibers with thermosetting resin such as epoxy resin, polyimides or bismaleimides having a polypropylene [thermoplastic] tape 304 surrounding the core 302 [0081].
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Regarding claim 23, paragraphs 0064-0065 disclose that braiding is used to hold the composite filaments as bundles wherein the braided bundle is spirally wound the radial inner layer of the flexible pipe.
Regarding claim 27, Figure 4b shows the fibers arranged as strands.
Regarding claim 28, paragraphs 0064-0065 disclose that braiding [twisted] is used to hold the composite filaments as bundles
Regarding claim 34, paragraph 0059 discloses that the thermosetting resin can include phenols.
Regarding claims 35-37, paragraph 0060 discloses that the cross-section of the composite filament can include squares or other shapes. A tape can have a square shape having length and width.
Regarding claim 38, Applicant’s claim is directed to a product [a reinforced pipe body]. Jha discloses a pipe body including a composite material forming a core 302 including fibers and a thermoplastic with a polypropylene tape surrounding the core [see figure 4b]. Figure 4b shows a separator layer 350 bonding the polypropylene tape 304 to the core 302. Paragraph 0081 discloses that the separator layer 350 is formed of a polyurethane [an adhesive].
Regarding claim 39, figure 4b shows a path of the fibers in the core 302.
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 29-31 are rejected under 35 U.S.C. 103 as being unpatentable over Jha et al., CN105163931.
Jha, above, remains relied upon for claim 22.
Regarding claims 29-31, Jha is silent to the composite material having an aspect ratio ranging from 20:1 to 2:1. However this is an optimizable feature. Paragraph 0059 discloses that the core comprising the composite filaments has a certain length. Paragraph 0060 discloses that the cross-sectional diameter of the composite filament ranges between 0.5 mm and 6 mm. Paragraph 0030 discloses that the composite material offers high strength. One of ordinary skill in the art would optimize the aspect ratio of the composite to 20:1 to 2:1 for the benefit of enhanced strength.
Claim 40 is allowed. Applicant claims a reinforced thermoplastic pipe body comprising an elongate fiber-reinforced. composite material, wherein the elongate fiber-reinforced composite comprises: a composite core material profile comprising a thermoset material impregnated with fibers, wherein the fibers are selected from ceramic fibers, basalt fibers and glass fibers, and at least 90 vol. % of the fibers are at least partially oriented along the longitudinal axis of the composite core material profile; a thermoplastic polymer at least partly covering the composite core material profile along the longitudinal axis of the material; and wherein the composite material also comprises an anti-permeation foil substantially across the width of the composite material.
The closest prior art, Jha et al., CN105163931, teaches a flexible pipe body [0001]. Paragraph 0059 discloses a composite material including glass, ceramic or carbon fibers with thermosetting resin such as epoxy resin, polyimides or bismaleimides wherein more than 90% by volume of fibers are aligned in an axial direction of the composite. Figure 4b shows a core 302 including a composite material including glass, ceramic or carbon fibers with thermosetting resin such as epoxy resin, polyimides or bismaleimides having a polypropylene [thermoplastic] tape 304 surrounding the core 302 [0081]. Jha fails to teach or suggest wherein the composite material also comprises an anti-permeation foil substantially across the width of the composite material.
Response to Arguments
Applicant’s arguments with respect to the present claims 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.
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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMIE S THOMPSON whose telephone number is (571)272-1530. The examiner can normally be reached 8:30 am - 5:30 pm.
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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786