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 .
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 9-11, 13, 15 and 16 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 9 recites “the process according to claim 1 further comprising, prior to step (ii) or (ii′)”. However, step (ii′) is only recited in claim 2, which claim 9 does not depend from. For purposes of examination, claim 9 will be understood to refer to only step (ii) in claim 1.
Claim 10 recites “the process according to claim 1 further comprising, before or after step (iii) or (iv′)”. However, step (iv′) is only recited in claim 2, which claim 9 does not depend from. For purposes of examination, claim 10 will be understood to refer to only step (iii) in claim 1.
Claim 11 recites “the process according to claim 1, wherein step (iii) or (iv′) is carried out at a temperature between 70 and 200° C”. However, step (iv′) is only recited in claim 2, which claim 9 does not depend from. For purposes of examination, claim 9 will be understood to refer to only step (iii) in claim 1.
Claim 13 recites “obtainable according to the process according to claim 1” rendering the claimed indefinite. Although product-by-process claims are acceptable, the term “obtainable” renders the claim unclear as to whether the product was made by the recited process. It is suggested to be corrected to “obtained
Claim 15 recites “Fibre-reinforced composite plastic material obtainable by a process comprising the steps of” rendering the claimed indefinite. Although product-by-process claims are acceptable, the term “obtainable” renders the claim unclear as to whether the product was made by the recited process. It is suggested to be corrected to “Fibre-reinforced composite plastic material obtained
Claim 15 further recites “an injection moulding machine comprising the polymer to be processed until a composite plastic material comprising, dispersed therein, said discontinuous fibres is obtained” rendering the claim indefinite. It is not clear as to the meaning of “the polymer to be processed”. The claim depends from claim 13 and claim 1, which recites “polymer matrix” and “polymer fibers”. Claim 16 recite “characterized in that the polymer matrix of the granules and the polymer used to make the plastic material are the same material”. Thus, it will be interpreted in claim 15 that these are the same material. However, it is not clear if additional polymer it added in claim 15. For purposes of examination, it will be understood that no additional material is added in claim 15 or 16.
Claim 16 recites “said polymer matrix is perfectly fused, rendering the claim indefinite. The term “perfectly” is a relative term which renders the claim indefinite. The term “perfectly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For purposes of examination it will be understood to mean a uniform fusion of materials.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1, 4, 5, and 7-17 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Yao (US 2003/0211799 A1) in view of Hackl (US 2013/0055583 A1).
Regarding claim 1, Yao meets the claimed process for producing granules comprising discontinuous fibres in a polymer matrix, (a fibrous material comprised of a binder fiber adhered to a functional fiber, staple or continuous fiber [0011] mixture of functional and binder fibers [0081]) said process comprising the steps of: (i) Providing a mixture of discontinuous fibres and polymeric fibres: (Examiner interprets the “staple fiber” to meet the discontinuous fiber, Yao teaches various polymers to be the binder fiber [0012]) (ii) subjecting said discontinuous fibres and said polymeric fibres to a carding process until a non-woven fabric or a sliver is obtained: ([0081]-[0082]) (iii) Subjecting said non-woven fabric or said sliver to heat treatment: (carded material is then heated in an oven, [0082] Oven was 70 inches in length, 9.5 inches in width, and 15 inches in depth. The oven processing temperature was 200 C and the pulling rate was 4 inches/min [0087]) at the exit of which it is pressed inside a template, (heated in a mold or forced through a dye [die] to achieve a product of a desired size, shape, and density [0082] Examiner notes that the instant specification discloses the claimed template to have “cylindrical or rectangular shape” which is understood to be a die as taught by Yao) to form a cord or passing the non-woven fabric or the sliver through a twisting process, to obtain a cord: (v) Cutting said cord obtained after step (the material can be cut [0084]) (iv) into granules. (Yao teaches samples of 5x5x0.5 mm were obtained, [0100], which meets the claimed granules).
Yao does not teach (iv) Subjecting said non-woven fabric or said sliver obtained after step (iii) to a condensation process wherein said non-woven fabric or said sliver is conveyed inside a temperature controlled funnel
Hackl meets the claimed (iv) Subjecting said non-woven fabric or said sliver obtained after step (iii) to a condensation process wherein said non-woven fabric or said sliver is conveyed inside a temperature controlled funnel. (Hackl teaches making material from natural materials including bamboo and polymers [0001]-[0007], including pre-treatment, and notably under vacuum conditions, thereby being heated, and to be dried at elevated temperatures and optionally crystallized at the same time, and subsequently, during a second stage, which may precede an optional plasticizing or melting process, for a primary treatment of the plastic material to be carried out, during which the plastic material is dried, in particular under vacuum conditions, wherein this primary treatment is carried out in particular at a temperature that is higher than during the pre-treatment, wherein the temperature of the primary treatment is kept notably below the plasticizing temperature or melting temperature of the plastic material [0054])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to combine the drying step of Hackl with the process of making fibers of Yao because the fibers are dried to a residual moisture content of 1 to 2%, which leaves less moisture in the product, yet the fibers remain sufficiently flexible [0028].
Regarding claim 4, Yao does not explicitly teach the process according to claim 1, wherein the mixture of step (i) or the non-woven fabric or the sliver of step (iii′) comprises said discontinuous fibres in an amount ≥50% by weight.
Yao teaches the ratio of binder fiber(s) to functional fiber(s) will vary with the fibers used and the intended application of the final product, more preferably from about 5 to about 95 weight percent [0080].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to vary the amount of functional fiber (discontinuous fibers) in the process of Yao to meet the claimed ≥50% by weight in order to optimize the properties based on the intended application of the final product, see [0080].
Regarding claim 5, Yao does not explicitly teach the process according to claim 1, wherein the mixture of step (i) comprises said polymeric fibres in an amount ≤50% by weight.
Yao teaches the ratio of binder fiber(s) to functional fiber(s) will vary with the fibers used and the intended application of the final product, more preferably from about 5 to about 95 weight percent [0080].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to vary the amount of binder fibers (polymeric fibers) in the process of Yao to meet the claimed ≤50% by weight in order to optimize the properties based on the intended application of the final product, see [0080].
Regarding claim 7, Yao as modified meets the claimed process according to claim 1, wherein said discontinuous fibres are selected from the group consisting of cotton, hemp, bamboo, linen, coconut, polypropylene, polyethylene, polyethylene terephthalate, polyester, acrylic, aramid, polytetrafluoroethylene, polyamide, polyurethane and neoprene and cellulose fibres, (cellulose based materials, [0013]) or a combination thereof.
Regarding claim 8, Yao as modified meets the claimed process according to claim 1, wherein said polymeric fibres are selected from the group consisting of fibres of: polyester, (monocomponent binder fibers include, but are not limited to, PE, [0015]) one-component polyolefins, two-component polyolefins, (Yao further teaches polypropylene/polyethylene terephthalate (PET), [0012]) polyamide, neoprene, polyethylene terephthalate, polyvinyl alcohol, cellulose and thermoplastic cellulose derivatives, polyhydroxy alkanoates, polybutylsuccinates and a combination thereof.
Regarding claim 9, Yao as modified meets the claimed process according to claim 1 further comprising, prior to step (ii) or (ii′), a step (iia) of treating the discontinuous fibres with or without polymeric fibres with compatibilizing agents. (Yao teaches materials such as isobutylene-maleic anhydride copolymers, or salts or mixtures thereof [0072], to be added as starting materials prior to step (ii). Examiner notes paragraph [0043] of the instant specification discloses maleic anhydride, maleic anhydride-modified polypropylene, to be examples of compatibilizing agents).
Regarding claim 10, Yao as modified does not meet the claimed process according to claim 1 further comprising, before or after step (iii) or (iv′), a step (iia′) of treating the non-woven fabric or the sliver with a solution comprising compatibilizing agents and/or binders.
Hackl teaches the product includes paraffins, waxes, oils and the like [0033]. Hackl teaches it is also possible to treat the fibers directly in the reactor, which is to say in a single operation, simultaneously with the carrier material, [0024].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to combine the step of treating material with agents or binders before step (iii) as taught by Hackl so that the mixing and drying can be carried out in a common step. In this way, the need to previously dry the crude fibers in a separate step is eliminated, thereby making the method more efficient and energy-saving [0024].
Regarding claim 11, Yao as modified meets the claimed process according to claim 1, wherein step (iii) or (iv′) is carried out at a temperature between 70 and 200° C. (Yao teaches step (iii) as claimed where the oven processing temperature was 200 C and the pulling rate was 4 inches/min [0087])
Regarding claim 12, Yao as modified meets the claimed process according to claim 1, wherein the condensation step (iv) or (v′) is carried out at a temperature between 60 and 210° C. (Hackl teaches step (iv) as claimed where processed at preferably 130° C to 210° C, [0035]).
Regarding claim 13, Yao as modified meets the claimed granules comprising discontinuous fibres in a polymer matrix or in at least one binder obtainable according to the process according to claim 1, (see rejection of claim 1 above citing Yao as modified by Hackl) wherein said granules are characterized by having: a residual moisture content ≤6%, (a residual moisture content of 1 to 2%, [0028]) apparent density ≥0.10 g/cm.sup.3. (Yao teaches 0.25 g/cm3 to about 0.5 g/cm3, [0056]).
Regarding claim 14, Yao as modified meets the claimed granules according to claim 13, wherein said granules comprise discontinuous fibres in a polymer matrix and are characterized in that said polymer matrix is a polymer matrix (Yao teaches the product is a matrix of materials, see [0042]) resulting from the fusion, during the condensation step (iv), of the polymeric fibres of step (i). (see rejection of claim 1 above citing Yao as modified by Hackl).
Regarding claim 15, Yao as modified meets the claimed fibre-reinforced composite plastic material obtainable by a process comprising the steps of: (a) Providing granules comprising discontinuous fibres in a polymer matrix or in at least one binder according to claim 13; (see rejection of claim 1 and 13 above citing Yao as modified by Hackl)
Yao as modified does not teach (b) adding said granules inside an extruder or an injection moulding machine comprising the polymer to be processed until a composite plastic material comprising, dispersed therein, said discontinuous fibres is obtained.
Hackl teaches (b) adding said granules inside an extruder or an injection moulding machine comprising the polymer to be processed until a composite plastic material comprising, dispersed therein, said discontinuous fibres is obtained. Hackl teaches the compressed product is fed, without losing the compression, to a twin screw, for example. There, it is admixed to a polymer, for example polypropylene, at a defined mixing ratio. Then a profile or panel, for example, is directly extruded, [0047].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to combine the extrusion step of Hackl with the process of Yao because Hackl teaches that despite an extrusion process, this method succeeds in generating a uniform three-dimensional fiber structure having an appropriate number of coupling point between the fibers in the workpiece. This structure is essential for a variety of applications, such as in photovoltaics, in fire prevention, for window casement sections, in the automotive industry, or in the aerospace industry, see Hackl [0051].
Regarding claim 16, Yao as modified meets the claimed fibre-reinforced composite plastic material according to claim 15, wherein step (a) is a step of providing granules comprising discontinuous fibres in a polymer matrix, (Hackl teaches the compressed product is fed, without losing the compression, to a twin screw, for example. There, it is admixed to a polymer, for example polypropylene, at a defined mixing ratio. Then a profile or panel, for example, is directly extruded, [0047]) and wherein step (b) is characterized in that the polymer matrix of the granules and the polymer used to make the plastic material are the same material and said polymer matrix is perfectly fused and indistinguishable within the final fibre-reinforced composite plastic material. (Hackle teaches the result is a uniform three-dimensional fiber [0051]).
Regarding claim 17, Yao as modified meets the claimed process according to claim 1, wherein the granules have the dimension of the major axis between 5 and 40 mm, the dimension of the cross-sectional between 1 and 20 mm and the dimension of the height between 0.5 and 10 mm. . (Yao teaches samples of 5x5x0.5 mm were obtained, [0100], which meets the claimed granules).
Allowable Subject Matter
Claims 2, 3, 6, and 18 are allowed.
The following is an examiner’s statement of reasons for allowance:
Claim 2 recites, inter alia, a process for producing granules comprising discontinuous fibres in at least one binder selected from the group consisting of: vegetable waxes, animal waxes, mineral waxes, polyvinyl alcohol (PVA), cellulose acetate, vinyl acetate, ethyl cellulose, ethylvinyl alcohol, starch, casein, animal gelatine, egg white, egg yolk, bitumen, solid terpenes, and a combination thereof, said process comprising the steps of… (ii′) Subjecting said discontinuous fibres to a carding process until a non-woven fabric or a sliver is obtained;
(iii′) Treating said non-woven fabric or said sliver with said at least one binder by spray coating, dip coating and/or moulding techniques:
The closest prior art of record includes
Song et al. "Mechanical Properties of Poly (Lactic Acid)/Hemp Fiber Composites Prepared with a Novel Method", JOURNAL OF POLYMERS AND THE ENVIRONMENT, vol. 21, no. 4, (2013-06-02), pages 1117-1127, XP055870934, US. (currently of record).
Song discloses fiber pellets prepared by mixing PLA fibers and surface-treated hemp fibers, carding the obtained fiber roving, feeding the continuous roving in a hot molding and cutting it to pellets. D2 does not disclose that the roving is subjected to a condensation process to form a cord. Song does not disclose a process where the staple fibers are first carded to form a non-woven fabric which is then treated with a binder as defined in claim 2 of the present application. Song does not disclose the residual moisture content or the density of the pellets.
Nakase et al. (JP 2013-245328), currently of record, discloses (Claim 1) fiber-reinforced resin pellets comprising natural plant fiber and thermoplastic synthetic fiber, wherein the natural plant fiber is a reinforcing fiber, the thermoplastic synthetic fiber is melted to be a matrix resin, and the fiber-reinforced resin pellet is a hexahedral. Nakase does not disclose that the fibers are subjecting to a carding process to obtain a non- woven fabric nor that the fabric is subjected to a condensation process to form a cord. Nakase does not disclose a process where the staple fibers are first carded to form a non- woven fabric which is then treated with a binder as defined in claim 2 of the application. Nakase does not disclose the residual moisture content or the density of the pellets.
Ortlepp (US2013/0196154 A1), currently of record, discloses (Claim 1) a method for manufacturing pellets from fiber composite materials suitable for further processing in a plastics finishing method, the pellets containing carbon fibers and at least one thermoplastic matrix material, which comprises the steps of: isolating carbon fibers, carbon fiber bundles or a mixture thereof from waste or used parts which contain the carbon fibers; laying flat the carbon fibers with the thermoplastic matrix material resulting in a flat sheet; compressing the flat sheet into a sheet material using heat; cooling the sheet material; and comminutating the sheet material into one of pellets, batts or chips. Ortlepp further divulges ([0021], [0022], [0038]; Fig. 1; Ex. 1, 2; Claim 5) that the carbon fibers are laid flat using a carding process.
Claims 3, 6, and 18 are allowed because each claim depends from allowed claim 2.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yasutake et al. (JP 2002/144329 A), currently of record, teaches [0010] an apparatus for producing synthetic resin pellets mixed with natural fibers, wherein the sliver is cooled between the heating device and the drawing device to combine with the natural fibers. It is preferable to further provide a cooling device for curing the plastic resin fibers.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL M. ROBINSON whose telephone number is (571)270-0467. The examiner can normally be reached Monday-Friday 9:30AM-6PM.
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/MICHAEL M. ROBINSON/Primary Examiner, Art Unit 1744
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