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 .
Response to Amendment
Applicant’s amendment filed on March 30, 2026 has been entered. Claims 28-30 and 33 have been amended. Claim 31 has been cancelled. New Claim 34 has been added. As such, Claims 19-30 and 32-34 are currently pending in the application, with Claims 19-27 withdrawn from consideration.
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 28-30 and 32-34 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 28 recites the limitation “the amount of fire-retardant on at least one surface of natural fiber object” in lines 3-4. Does Applicant mean to recite “the amount of fire-retardant on at least one surface of the natural fiber object? There appears to be proper antecedent basis for “the natural fiber object” in Claim 28 back to line 1. However, this claim limitation could be interpreted to be another natural fiber object. Appropriate clarification is required. Claim 28 and its dependent claims are indefinite.
Claim Rejections - 35 USC § 103
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.
Claims 28-30, 32, and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Spanish Patent Application Publication No. 2,538,576 to Sanchez et al. (an English translation obtained from the PE2E database is referenced herein) (“Sanchez”) in view ,of U.S. Patent Application Publication No. 2017/0225429 to Yu et al. (“Yu”), U.S. Patent Application Publication No. 2015/0336335 to Okawa et al. (“Okawa”), or U.S. Patent Application Publication No. 2008/0250741 to Bennett et al. (“Bennett”).
With regard to Claim 28, Sanchez discloses a natural fiber object comprising seagrass fibers, such as Posidonia oceanica fibers, combined with thermoplastic fibers to provide a nonwoven panel using a thermocompression process. See, e.g., Abstract, entire document. Sanchez discloses that the thermoplastic fibers provide a binding agent as they are heated to soften and create bonding with rest of the fibers to provide a manipulable nonwoven composite. Page 4. Sanchez discloses that the Posidonia oceanica fibers and the thermoplastic fibers are homogenously mixed, then subjected to heat and pressure to thermally bond the composite material, followed by cooling. Page 5. Sanchez does not disclose a fire retardant being mixed with the seagrass fibers and the thermoplastic fibers, initially, prior to the thermal bonding step, followed by coating a fire retardant onto the surface of the composite after the bonding step, such that the surface of the nonwoven panel possesses a concentration of fire retardant greater on the surface compared to halfway through a thickness between two opposite sides. Nonetheless, such a construction of fire retardant gradient throughout a panel material is well known in the art of constructing such panels. Yu is also related to panel materials formed from reinforcing fibers and binder material. See, e.g., Abstract, entire document. Yu teaches that such panels can be rendered flame retardant by providing a substantially uniform distribution of flame retardant material to a fiber composite “and then additional flame retardant material (which may be the same or different) is added to one side of the prepreg to provide a gradient distribution. Such additional flame retardant material can be added directly to the prepreg , e.g., by spraying powdered flame retardant material or coating a solution comprising the flame retardant material.” Paragraph [0076]. Okawa is also related to fiber-reinforced structures used to provide paneling. See, e.g., Abstract, entire document. Okawa teaches distribution of a flame retardant can vary, noting that “[t]he possible states for the distribution of the powdered flame retardant 21 include, for example, the case in which the powdered flame retardant 21 is present only at the surface layer; the case in which the powdered flame retardant 21 is present only in the vicinity of the surface layer and within the openings in the vicinity of the surface layer; the case in which, as shown in FIG. 4, the concentration of the powdered flame retardant 21 is higher in particular in the vicinity of the surface layer and in the openings in the vicinity of the surface layer and in which the concentration of the powdered flame retardant 21 is lower in the interior of the fiber structure 10; and the case in which the powdered flame retardant 21 exhibits a gradient distribution moving from the surface layer to the interior of the fiber structure 10.” Paragraph [0045] (emphasis added); see Figure 4. Bennett is also related to composite articles comprising binder and fiber-reinforced panel materials. See, e.g., Abstract, entire document. Bennett teaches that such panels can be provided with first and second fire retardant compositions, wherein “the concentration of the second fire retardant composition as a percentage of the surface of the composite article (by way of nonlimiting example, as a percentage of the coating) is different from the concentration of the first fire retardant composition as a percentage of the interior of the composite article (by way of nonlimiting example, as a percentage of the consolidated fibrous article such as a fiberboard). In a particular embodiment, the second concentration as a percentage of the surface is higher than the first concentration as a percentage of the interior.” Paragraph [0024]. It would have been obvious to a person having ordinary skill in the art at the time of filing the invention to provide a fire retardant in the homogenous mixture of seagrass fibers and binder prior to thermal consolidation of the paneling in order to provide a base amount of fire retardant throughout the thickness of the panel, followed by an additional coating on the surface of the nonwoven panel such that the concentration of fire retardant is greater on the surface compared to halfway through a thickness between two opposite sides in the nonwoven panel disclosed by Sanchez in order to increase the flame resistance of the composite material in a dynamic manner, such that the concentration of fire retardant is greater at the surface, which possesses more exposure to possible fires, as shown to be well known and thoroughly established in the nonwoven panel art by Yu, Okawa, or Bennett. With regard to Claim 29 and 34, Sanchez discloses using seagrass fibers in an amount of 60% to 80% by weight and thermoplastic binding fibers in an amount of 20% to 40% by weight. Page 6. Yu teaches that the flame retardant material can be present in an amount meet standardized flame protection tests. Paragraph [0008]. Yu notes that a suitable amount can be about 30% to 40% by weight of the material. Paragraph [0070]. Bennett teaches that a suitable amount of flame retardant can be 15% to 60%, by weight. Paragraph [0032]. In the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art, a prima facie case of obviousness exists. M.P.E.P. 2144.05. Moreover, it would have been obvious to a person having ordinary skill in the art at the time of filing the invention to provide the flame retardant in an amount of 1% to 40%, or in an amount of 5% to 25%, by weight, since the amount of flame retardant is a result effective variable that, when increased, increases resistance to flames, but that when decreased, allows the panel to retain its fiber and binder characteristics, and since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272 (CCPA 1980). With regard to Claim 30, Sanchez teaches that other natural fibers can be present in an amount of 0%, page 6, which represents an exclusion of other organic fibers. With regard to Claim 32, Sanchez discloses that the thermoplastic binding fibers and the seagrass fibers are mixed using high shear agitators to provide homogenous dispersion of the fiber materials. Page 4.
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Sanchez in view of Yu, Okawa, or Bennett as applied to Claim 28 above, and further in view of Russian Patent No. 1,781,257 (cited in the Information Disclosure Statement dated October 27, 2023) (“the ‘257 Patent”).
Sanchez does not disclose the density of the nonwoven panel. The ‘257 Patent is also related to insulation paneling that includes seagrass materials. Abstract. The ‘257 Patent teaches that such paneling material can be provided with a density ranging from 200 to 400 kg/m3. Id. It would have been obvious to a person having ordinary skill in the art at the time of filing the invention to provide the seagrass-based paneling disclosed by Sanchez, as combined with Yu, Okawa, or Bennett, with a density in the range of 200 to 400 kg/m3 in order to provide a suitable density for use in insulating paneling, as shown to be known by the ‘257 Patent.
Response to Arguments
Applicant’s arguments with respect to the pending claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The newly cited references of Yu, Okawa, and Bennett each individually address the newly recited claim limitations of a two-step application of first, mixing the fire retardant with seagrass fibers and binding agent to form the core of the object, and second, applying a coating of the fire retardant to the formed object. Each of Yu, Okawa, and Bennett teach the person having ordinary skill in the art fiber-reinforced paneling materials wherein fire retardant is provided at one concentration in the central core portion of the panel, and then a second, higher concentration at the surface portion of the panel. These references render obvious the structural limitations of the claim, as flame exposure is more common at the surface of these materials, and a higher concentration of flame retardant at the surface would be expected to combat this phenomenon.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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JEREMY R. PIERCE
Primary Examiner
Art Unit 1789
/JEREMY R PIERCE/Primary Examiner, Art Unit 1789
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