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 .
Election/Restrictions
Applicant's election with traverse of Group I in the reply filed on 9/25/2025 is acknowledged. The traversal is on the ground that all four groups share the same technical feature and that said feature is special. This is not found persuasive at least in view of the below rejection of the elected group (Group I) clearly showing that all the features of Group I are anticipated by or obvious in view of the prior art. The requirement is still deemed proper and is therefore made FINAL. Claims 4-9 are withdrawn from further consideration as being drawn to a nonelected invention.
Response to Amendment
The amendment filed on 9/25/2025 has been entered.
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 1-3 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 requires the step of heating the powder to a melting temperature but fails to state which component melting temperature (e.g. the melting temperature of the powder) is being referenced.
Claim 1 also requires the step of obtaining a composite material. It is unclear if the claimed obtained composite material is the claimed powder and fabric composite or a separate component in addition to the claimed powder and fabric composite.
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.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over USPAP 2006/0234028 to Pardo in view of USPAP 2017/0297295 to Bhatnagar.
Claim 1, Pardo discloses a process for the production of a fiber-reinforced composite material (10), comprising the steps of: unwinding an aramid fabric (3) on conveyor means; dry distributing a powder (2) of thermoplastic material on a surface of said aramid fabric (3); heating to a melting temperature and compressing said powder (2) on said surface of said fabric (3) so as to form on it an amorphous thermoplastic matrix (12) inherently partially interpenetrated and adhered to said fabric (3) as said fabric is unwound; obtaining a composite material (10) and cooling said composite material (10) thereby to facilitate detachment of said composite material (10) from said conveyor means (see entire document including Figures 1-2, [0001], [0015]-[0023], [0033], [0034], [0039]-[0049] and [0074]-[0078]).
Pardo does not appear to mention the specific size of the powder but Bhatnagar discloses that it is known in the art to use micrometric powder so that the particles remain localized in their original location (see entire document including [0008] and [0058]). Therefore, it would have been obvious to one having ordinary skill in the art to construct the fiber-reinforced composite material of Pardo with micrometric powder so that the particles remain localized in their original location.
Claim 2, said powder (2) is heated to a temperature from 100 to 250°C and is subsequently compressed at a pressure ranging from 0.1 N/cm2 to 200 N/cm2 ([0039]-[0043]).
Claim 3, said cooling of said composite material (10) is carried out below a melting or glass transition temperature of said thermoplastic matrix (12) ([0044]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW T PIZIALI whose telephone number is (571)272-1541. The examiner can normally be reached Monday-Thursday 7am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached at 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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/ANDREW T PIZIALI/Primary Examiner, Art Unit 1789