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 .
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.
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 1-19 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.
The use of the term “epoxy-type” in claims 1, 3, 18, 19 and “polycarbonate-type” in claims 7, 19 renders the scope of the claims indefinite. It is not clear what is meant by the inclusion of the word “type” or how an epoxy-type or polycarbonate-type resin differs from an epoxy resin or polycarbonate resin. The scope of the claims is not clear.
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.
Claim(s) 1-19 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Hale, U.S. Patent No. 3,480,695 in view of Takahashi, WO 202/196617, (equivalent to U.S. Patent Application Publication No. 022/0185977 which is relied on for citations).
Hale discloses a composition comprising thermoplastic epoxy resin, (thermoplastic polyhydroxyether) and thermoplastic polycarbonate. See col. 1, lines 10-64. The composition can be combined and formed by molding processes including compression, injection, calendaring and extrusion. See col. 5, lines 4-10. The composition can be formed into fibers and filaments. See col. 6, lines 30-35. The composition can be incorporated into nonwoven fabrics as bonding fibers with other types of fibers to facilitate bonding. See col. 6, lines 39 – col. 7, line 2, and col. 7, lines 55-62. Note that a thermoplastic epoxy resin would be amorphous. The thermoplastic epoxy can have a Tg of 95C. See col. 1, line 35. The composition can include 70 parts thermoplastic epoxy and 30 parts polycarbonate. See example 1. Since the composition of the epoxy and the polycarbonate can be formed into fibers, they would have a fiber shape. The composition can have an elongation of 35-60%. See example 1. With regard to the diameter of the reinforcing fibers relative to the fibers of the claimed composition, it would have been obvious to have selected fibers having a fairly uniform diameter if a fabric having a smooth hand was desired or to have selected the relative diameters of the bonding and the reinforcing fibers in order to provide a fabric having the desired smoothness, hand and strength. With regard to the limitation of claim 1 that the polycarbonate and epoxy are crosslinkable with each other, since the same materials are used which are made the same way using the same components, it is reasonable to expect that the polycarbonate and epoxy of Hale would have the property of being crosslinkable with each other, as well as the claimed birefringence, since birefringence is a property of the resin.
However, if the property of being crosslinkable is not necessarily present and because Hale does not distinctly disclose a crosslinked structure, Takahashi discloses a resin composition comprising a thermoplastic epoxy resin and a polycarbonate resin which can be thermally crosslinked. See abstract. Takahashi further discloses that the polycarbonate resin should have a glass transition temperature of more than 40 degrees C higher than the epoxy resin. See paragraph 0075. Takahashi teaches forming structures by molding at temperatures as claimed. See examples and paragraph 0172. With regard to a cooling step, one of ordinary skill would necessarily recognize that after heat molding a cooling step would be required. Takahashi teaches providing the epoxy/polycarbonate composition as a bonding agent for nonwoven fabrics so that that the amount of the composition is 20-50%. See paragraph 0112.
Therefore, it would have been obvious to have provided the particular crosslinkable epoxy and polycarbonate of Takahashi in order to provide a crosslinkable composition, in order to form a composition with crosslinked bonds. It further would have been obvious to have selected the relative amounts of the composition relative to the other fibers as well as to have provided the polycarbonate with a higher Tg, in view of the teaching of Takahashi that employing polycarbonate having the higher and the relative amounts of fibers were known in the art to be suitable for use in forming the epoxy/polycarbonate bonding composition and suitably bonded nonwovens.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Miller et al, U.S. Patent No. 3,234,313 discloses compositions which can include a thermoplastic epoxy and a thermoplastic polycarbonate but does not disclose forming the composition into fibers or crosslinking the composition.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH M IMANI whose telephone number is (571)272-1475. The examiner can normally be reached Monday-Wednesday 7AM-7:30; Thursday 10AM -2 PM.
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/ELIZABETH M IMANI/ Primary Examiner, Art Unit 1789