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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 February 19, 2026 has been entered.
Applicant’s amendment and accompanying remarks filed February 19, 2026 are acknowledged.
Examiner acknowledges amended claim 8.
Examiner acknowledges cancelled claim 12.
Examiner acknowledges that claims 1-7 remain withdrawn from consideration at this time.
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.
(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.
Claims 8-9 and 13 are rejected under 35 U.S.C. 102(a)(1) & (a)(2) as anticipated by Van Elburg, U.S. Pre Grant Publication 2011/0154980, as evidenced by Materials Science & Engineering.
Regarding claims 8-9, Van Elburg discloses a ballistic resistant article [abstract and 0001]. Paragraph 0017 discloses that the article comprises at least one multilayered sheet comprising a consolidated stack of monolayers. Paragraph 0016 discloses that the monolayers include a plurality of fibers unidirectionally aligned in parallel to one another along a common fiber direction. Paragraph 0020 discloses that the consolidated stack can be obtained by compressing the stack under pressure and elevated temperature. Paragraph 0023 discloses that the fibers can be polymeric. It is disclosed in paragraph 0025 that the volume fraction in the monolayers can include 97% fibers by volume and 98% fibers by volume. Paragraph 0026 discloses that the fiber can have a C-shaped cross-section. The monolayers include 98% volume of fibers. The monolayers are mostly formed of polymeric fibers. Amended claim 8 is silent to the fiber cross-section prior to compression. The final product in Applicant’s amended claim 8 includes a non-circular cross section. The final product of Van Elburg includes a ballistic resistant article wherein the fibers can include a C-shaped cross section [non-circular]. Applicant’s amended claim 8 does not recite what the original fiber cross section is. Patentability is based upon the final product. The final product of Van Elburg can include a C-shaped cross section for the fibers. Claim 8 is a product-by-process claim. The manner in which the product is manufactured does not make the product of the prior art different from Applicant’s product if the prior art product has the same structural limitations as Applicant’s final product. Van Elburg discloses deforming [compressed stack] the fibers as does Applicant. Polymeric materials are known to deform at elevated temperatures and pressure. The fibers in the monolayers can be polymeric fibers. Van Elburg discloses elevated temperatures and pressure [0020]. Materials Science & Engineering provides evidence that polymers deform under elevated temperatures and pressure.
Regarding claim 13, Van Elburg discloses a composite article comprising a consolidated stack of monolayers wherein each monolayer includes unidirectional polymeric fibers wherein the composite article is formed by compressing the stack under elevated heat and pressure. Van Elburg is silent to the composite article having porosity [voids]. The composite article is the final product. Patentability is given to the final product. Applicant's claim includes a range of no voids in the final product [less than 3% of the volume of the fiber layers].
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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Van Elburg, U.S. Pre Grant Publication 2011/0154980, as evidenced by Materials Science & Engineering.
Regarding claim 10, Van Elburg is silent that the fibers of the fiber layers constitute substantially 100% of the volume of the fiber layers. This is an optimizable feature. Paragraph 0025 discloses that the fiber volume can be 98%. Additionally, paragraph 0025 discloses that the strength of the monolayers depend upon volume fraction. One of ordinary skill in the art before the effective filing date of the invention would optimize the volume fraction in each monolayer to substantially 100% for the benefit of obtaining enhanced strength in each of the monolayers.
Claim 11 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Applicant claims an anti-ballistic plate for ballistic protection as recited in claim 8, further including wherein the plastically deformed fibers have a polygonal cross section as recited in claim 11. The closest prior art, Van Elburg, U.S. Pre Grant Publication 2011/0154980, teaches a ballistic resistant article [abstract and 0001]. Paragraph 0017 discloses that the article comprises at least one multilayered sheet comprising a consolidated stack of monolayers. Paragraph 0016 discloses that the monolayers includes a plurality of fibers unidirectionally aligned in parallel to one another along a common fiber direction. Paragraph 0020 discloses that the consolidated stack can be obtained by compressing the stack under pressure and elevated temperature. Paragraph 0023 discloses that the fibers can be polymeric. It is disclosed in paragraph 0025 that the volume fraction in the monolayers can include 97% fibers by volume and 98% fibers by volume. Paragraph 0026 discloses that the fiber can have a C-shaped cross-section. The monolayers include 98% volume of fibers. The monolayers are mostly formed of polymeric fibers. Van Elburg fails to teach or suggest plastically deformed fibers having a polygonal cross section.
Response to Arguments
Applicant's arguments filed February 19, 2026 have been fully considered but they are not persuasive. Applicant argues that Van Elburg does not describe permanently compressed fibers having a non-circular cross-section from fibers having a circular cross-section prior to compression or that the fibers are in a plastically deformed state. Applicant’s amended claim 8 does not recite what the cross-section of the fibers are prior to compression. Applicant’s final product requires the fibers to be a non-circular cross-section in claim 8. Van Elburg’s final product can include fibers having a C-shaped cross-section [non-circular]. Van Elburg discloses polymeric fibers. Intrinsically, polymers deform under elevated temperatures and pressure as evidenced by Material Science & Engineering. Van Elburg discloses subjecting the stack of monolayers including polymeric fibers to elevated temperatures and pressure. Patentability is based upon the final product. The final product of Van Elburg can include a C-shaped cross section for the fibers. Claim 8 is a product-by-process claim. The manner in which the product is manufactured does not make the product of the prior art different from Applicant’s product if the prior art product has the same structural limitations as Applicant’s final product. Van Elburg discloses deforming the fibers as does Applicant. Polymeric materials are known to deform at elevated temperatures and pressure as evidenced by Materials Science & Engineering. The fibers in the monolayers can be polymeric fibers. Van Elburg discloses elevated temperatures and pressure [0020]. Additionally, Applicant’s amended claim 8 does not provide for any parameters such as specific temperature and pressure ranges for the compression of the monolayers as claimed. Applicant recites compression. Van Elberg recites compression. Applicant’s claims do not provide any parameters for compression different than that of Van Elburg, absent any evidence to the contrary.
Applicant’s arguments are not persuasive.
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
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