DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Objections
Claim 11 is objected to because of the following informalities: Claim 11 currently states -The flexible-composite material of claim 10, wherein said plastic film is any one of PET, PEN, Nylon, fluoropolymer, and urethane. Please spell out PET and PEN as Polyethylene Terephthalate and Polyethylene Naphthalate as it is the first instant that it is used and to keep consistency within the claim. Appropriate correction is required.
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.
Claim 3 is 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 3 states The flexible-composite material of claim 2, wherein said woven fabric is any one of knits, imaginable square weave, basket weave, warp knit, and fleece. Knits and fleeces are not wovens. For this claim any woven will meet the limitations. Also, was is an imaginable square weave?
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 1-14 is/are rejected under pre-AIA 35 U.S.C. 102 (b) as being anticipated by USPUB 20120100334A issued to Adams et al.
Regarding Claim 1, where Applicant seeks a flexible-composite material comprising: at least two unidirectional tape layers bonded together to form a scrim, wherein each of said unidirectional tape layers comprise a plurality of parallel fiber bundles comprising monofilaments in an adhesive resin, and wherein said fiber bundles are separated by gaps; and at least one of a woven fabric, a random or oriented non-woven fabric, a membrane or a film; Applicant is directed to the teachings of Adams et al., who teach Adams et al. disclose making a flexible composite material comprising the steps of providing at least two unidirectional tapes comprising parallel monofilament fiber bundles having gaps therein, providing a bonding material, cross laying or otherwise stacking the tapes, providing additional membrane or fabric layers and curing the composite material. These are equivalent to Applicant’s scrim layer. The tapes are laid at angles to each other, including at 90 degree angles [ Abstract, ¶¶ 0004, 0017, 0020, 0025]. An adhesive which would necessarily be either breathable or non-breathable is applied to the tape. There are embodiments with adhesive and adhesive free. The parallel fibers within the tapes have spaces which correspond to the gaps [¶¶ 0025-0026]. It should be noted that the scrim is either the scrim or mesh disclosed as the arrangement of a first unidirectional composite layer and a second unidirectional composite layer laid at an angle relative to one another as shown in the figures.
The figures and ¶¶ 0018-0028 teach all the different configurations which include one or more additional layers of W/B membranes, nonwoven or woven, films can be bonded to both outer surfaces or inbetween to create other configurations or laminates. The laminate may be of various different product weights, strengths, colors, and patterns. Compositionally the film or membrane can be polyester ¶ 0017.
Regarding Claim 2, where Applicant seeks that the flexible-composite material of claim 1, wherein said at least one scrim is bonded to at least one woven fabric; Applicant is directed to ¶ 0023 for this laminate configuration.
Regarding Claim 3, where Applicant seeks that the flexible-composite material of claim 2, wherein said woven fabric is any one of knits, imaginable square weave, basket weave, warp knit, and fleece; This claim is indefinite as set forth above however, the instant reference provides for a woven not only bonded to the scrim layers but can be used anywhere in the laminate. Applicant is directed to ¶ 0023-0024 for this laminate configuration.
Regarding Claim 4, where Applicant seeks that the flexible-composite material of claim 1, wherein said at least one scrim is bonded to at least one random or oriented non-woven fabric; Applicant is directed to ¶¶ 0019 and 0024 where this configuration is envisioned.
Regarding Claim 5, where Applicant seeks that the flexible-composite material of claim 1, wherein said at least one scrim is bonded to at least one membrane or film; Applicant is directed to ¶ 0020 and 0024, where this configuration is envisioned.
Regarding Claim 6, where Applicant seeks that the flexible-composite material of claim 1, wherein one non-woven fabric is bonded between two of said scrims or between unidirectional tape layers within one of said scrims; Applicant is directed to Applicant is directed to ¶ 0020 and 0024-0026, where this configuration is envisioned.
Regarding Claim 7, where Applicant seeks that the flexible-composite material of claim 1, wherein one woven fabric is bonded between two of said scrims or between unidirectional tape layers within one of said scrims; Applicant is directed to Applicant is directed to ¶ 0020 and 0024-0026, where this configuration is envisioned.
Regarding Claim 8, where Applicant seeks that the flexible-composite material of claim 1, wherein one membrane is bonded between two of said scrims or between unidirectional tape layers within one of said scrims; Applicant is directed to Applicant is directed to ¶ 0020 and 0024-0026, where this configuration is envisioned.
Regarding Claim 9, where Applicant seeks that the flexible-composite material of claim 1, wherein said gaps are at least partially filled with breathable or non-breathable adhesive; Applicant is directed to ¶¶ 0025-0026, where the instant reference teaches that the adhesive which would necessarily be either breathable or non-breathable is applied to the tape. The parallel fibers within the tapes have spaces which correspond to the gaps. It should be noted that the polymer between the fibers has tack and can be construed as an adhesive.
Regarding Claim 10, where Applicant seeks that the flexible-composite material of claim 1, further comprising at least one plastic film; Applicant is directed to Applicant is directed to ¶ 0020-0024 and 0024-0026, where this configuration is envisioned.
Regarding Claim 11, where Applicant seeks that the flexible-composite material of claim 10, wherein said plastic film is any one of PET, PEN, Nylon, fluoropolymer, and urethane; Applicant is directed to ¶ 0017, where the membrane or film can be polyester.
Regarding Claim 12, where Applicant seeks that the flexible-composite material of claim 10, comprising two plastic films laminated to both sides of said flexible-composite material; Applicant is directed to Applicant is directed to ¶ 0020 and 0024-0026, where this configuration is envisioned. To further on this the hybrid lay up stacking can be any or all of these layers (film, woven, W/B membrane, nonwovens, leathers, additional fabric, metal or polymeric layers) can be plied and stacked. Adams et al teach that various embodiments may include other hybrid configurations to modify or improve various mechanical properties of the material [¶0024.]
Regarding Claim 13, where Applicant seeks that the flexible-composite material of claim 10, wherein said plastic film is (a) disposed between said unidirectional tape layers, or (b) disposed between said woven fabric, non- woven fabric or membrane and said scrim; Applicant is directed to Applicant is directed to ¶ 0020 and 0024-0026, where this configuration is envisioned. To further on this the hybrid lay up stacking can be any or all of these layers (film, woven, W/B membrane, nonwovens, leathers, additional fabric, metal or polymeric layers) can be plied and stacked. Adams et al teach that various embodiments may include other hybrid configurations to modify or improve various mechanical properties of the material [¶0024.]
Regarding Claim 14, where Applicant seeks that the flexible-composite material of claim 1, further comprising at least one non- impregnated fabric, said non-impregnated fabric (a) laminated to one or both sides of said flexible-composite material, (b) disposed between two of said at least two unidirectional tape layers, or (c) disposed between said woven fabric, non-woven fabric or membrane and said scrim; Applicant is directed to Applicant is directed to ¶ 0020 and 0024-0026, where this configuration is envisioned. To further on this the hybrid lay up stacking can be any or all of these layers (film, woven, W/B membrane, nonwovens, leathers, additional fabric, metal or polymeric layers) can be plied and stacked. Adams et al teach that various embodiments may include other hybrid configurations to modify or improve various mechanical properties of the material [¶0024.]
Conclusion
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/Arti Singh-Pandey/
Primary Patent Examiner
Art Unit 1759
asp