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 .
DETAILED ACTION
Claims 16-35 are pending in this application. The preliminary amendment dated 10/24/2023 adding new claims 16-35 and canceling claims 1-15 has been entered.
Election/Restrictions
Applicant's election with traverse of claims 16-29 in the reply filed on 11/24/2025 is acknowledged. The traversal is on the ground(s) that the search can be made without serious burden. This is not found persuasive because the search and prosecution of method claims and product claims presents a serious burden to the examiner as the search fields and patent determination factors are significantly different..
The requirement is still deemed proper and is therefore made FINAL.
Claims 30-35 are withdrawn from consideration as being directed to a nonelected invention.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
It is noted that the claimed invention is directed solely to a method. The examiner suggests amending the title to reflect same.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 16-29 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.
In claim 16 lines 11-12, from which claims 17-29 depend, the phrase “allowing the PU foam reaction mixture to harden to form a flexible PU backing” is deemed confusing as to how a material can be hardened and also flexible. For example, if a material is hard would it not be inflexible/stiff? Clarification is requested.
In claim 18 line 3, the term “the PU matrix” lacks antecedent basis and/or is confusing as to what it is referring to.
In claim 21 lines 5-6, the term “the viscosity” lacks antecedent basis.
In claim 22 lines 2-4, the phrase comprises 1-9 parts .. by weight of the isocyanate component” is confusing. Specifically, claim 22 requires “1 to 9 parts by weight of the color paste” (lines 2-3). Claim 21, from which claim 22 depends, requires a color past additive comprising 7 to 60% by weight (lines 7-8), which appears to contradict said phrase.
Allowable Subject Matter
Claims 16-29 are allowed.
It is well known to use a backing and a carrier in artificial carpet or turf having polyethylene fibers as noted in Glawion et al. (DE 102009013948). It is also well known to generate an artificial turf fiber in a carrier by using a polyurethane backing as noted in Neuhoff et al. (EP 3315640).
With respect to foam stabilizer in a polyurethane foam reaction mixture, it is well known to use a polysiloxane as a foam stabilizer for use as an artificial turf filler as noted in KR 10-2018-0070868. It is also well known to use foam stabilizers in polyurethane foams for backside foaming of carpets and artificial turf as noted in Klostermann et al. (EP 3536735).
With respect to polyols (dependent claims 23-28), it is well known to use polyols with isocyanate component or glycol for use as a foam stabilizer for polyurethane foams as noted in Hubel et al. (CA 3224454).
Finally, it is well known to use foam stabilizers in polyurethane foams for use in backside foam backing in artificial turf as noted in JP 2022-92612. However, the prior art references fail to teach or suggest using a PU mixture having a reactive foam stabilizer and applying same on the back side of a carrier of an artificial turf having through fibers to form a flexible PU backing as noted in the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRET CHEN whose telephone number is (571)272-1417. The examiner can normally be reached M-F 8:30-8:30 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gordon Baldwin can be reached at (571) 272-5166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRET P CHEN/Primary Examiner, Art Unit 1718 02/12/2025