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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 September 10, 2026 has been entered.
Applicant’s amendment and accompanying remarks filed August 28, 2026 are acknowledged.
Examiner acknowledges amended claims 1 and 4.
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.
Claims 1-2 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ihara et al., WO 2018-088471.
Regarding claims 1-2 and 4, Ihara discloses a carbon fiber reinforced resin material which includes rods [0020]. Paragraph 0023 discloses that the resin can include a thermoplastic resin such as polyamide resin, polycarbonate resin, polyphenylene sulfide resin, polypropylene resin, polyethylene terephthalate resin, polyetheretherketone resin and polyetherimide resin. Paragraph 0036 discloses that the carbon fibers are present in the resin in the amount of 10 to 50 w/w% which is encompassed by Applicant's claims. Applicant's claims are directed to a welding rod. Ihara discloses a rod. Applicant’s limitation “for thermoplastic fiber reinforced plastic to be filled in a welding joint between thermoplastic fiber reinforced plastic members” is intended use. The use of a product is given minimal patentable weight. Applicant's preamble in claim 1 recites purpose or intended use. Ihara discloses a rod having the same structural limitations as the welding rod as claimed. Applicant's preamble does not limit the structure of the claimed welding rod. SEE MPEP 2111.02 (I & II). Applicant’s newly added limitation “ wherein when the thermoplastic resin is melted while the fiber is un-melted, the melted thermoplastic resin and the un- melted fiber provide an anchoring effect between the thermoplastic fiber reinforced plastic members and the welding rod on a joint surface between the thermoplastic fiber reinforced plastic members” is a conditional limitation. Under MPEP §2111 and §2111.04, conditional claim language is interpreted under the “broadest reasonable interpretation” standard, and contingent limitations are given effect only for steps that must be performed when the stated condition is met. Applicant’s claim is directed to the product, a welding rod. The newly added limitation is a process limitation placed onto the product, a welding rod. A process limitation placed onto a product is given minimal patentable weight. Additionally, the term “when” does not necessary mean that the thermoplastic resin is melted. The newly added limitation does not make Applicant’s claims different from the prior art as Applicant’s claim is directed to the product, the welding rod, and its components.
Response to Arguments
Applicant's arguments filed August 28, 2026 have been fully considered but they are not persuasive. Applicant has amended claims to recite “ wherein when the thermoplastic resin is melted while the fiber is un-melted, the melted thermoplastic resin and the un- melted fiber provide an anchoring effect between the thermoplastic fiber reinforced plastic members and the welding rod on a joint surface between the thermoplastic fiber reinforced plastic members” is a conditional statement. Applicant’s claims are directed to the product, a welding rod, and it components. Applicant argues that present claim 1 is different from Ihara from a technical standpoint. Applicant argues that Ihara discloses a carbon fiber extruded wire and is used as composite materials such as rods. Applicant’s claims are directed to a welding rod, product, comprising thermoplastic resin mixed with fiber forming a rod shape. Ihara discloses a rod comprising a thermoplastic resin mixed with fiber. Ihara has the same structural limitations as Applicant’s welding rod. A wire has a rod shape. The use of the product is given minimal patentable weight.
Applicant argues that the difference between present claim 1 and Ihara is that applicant’s welding rod containing 10% by weight of carbon shows a relatively high welding strength. Ihara discloses carbon fibers present in the thermoplastic resin in the amount of 10 to 50 w/w%. Ihara discloses the same components required for Applicant’s welding rod.
Applicant argues that the present invention is based on the technical of improving the welding strength whereas Ihara is based on the technical idea of improving strength of the material. Both Applicant’s product and Ihara are concerned with strength. The same technical idea for the same product, a carbon fiber reinforced composite including 10 to 35 % by weight of carbon fibers. Ihara discloses a content of carbon fibers present in a thermoplastic encompassed with Applicant’s claimed range. Applicant argues welding strength. The welding strength would be of technical importance if the claims were directed to a welding joint between thermoplastic fiber reinforced plastic members. Applicant’s claims are merely directed to a rod-shaped material comprising thermoplastic resin and carbon fiber present in the amount of 1 to 35 weight%. Applicant’s claims are not directed to thermoplastic fiber reinforced members having a welding joint therebetween.
Applicant argues that Ihara does not disclose of suggest a welding rod having a structure in which the thermoplastic resin melts while the fiber is left un-melted to provide an anchoring effect. Applicant’s claim is directed to the welding rod, a product, and its components of thermoplastic resin and carbon fibers. Ihara discloses a composite including thermoplastic resin and carbon fibers in the shape of a rod. Applicant’s claim language includes conditional limitations of “when melted”. The term “when” in the claim does not mean that the thermoplastic resin has to melted. Additionally, melting the thermoplastic resin in a product is not given any patentable weight as Applicant’s claims are directed to the product and not the process placed upon the product. Applicant has not claimed a molten thermoplastic resin with carbon fibers. Applicant’s claim merely recite a thermoplastic resin.
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
