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 .
Withdrawn Objections/Rejections
The objection to the Specification and claims 2, 4, 8 and 14 of record in the previous Office Action mailed 1/16/2026 have been withdrawn due to Applicant's amendment filed on 5/18/2026.
The 35 U.S.C. 112(b) rejection of claim 15 of record in the previous Office Action mailed 1/16/2026 has been withdrawn due to Applicant's amendment filed on 5/18/2026.
The 35 U.S.C. 102(a)(1) rejection of claims 1-16 and 18-20 as being anticipated by Mason et al. (US 2018/0311929) of record in the previous Office Action mailed 1/16/2026 has been withdrawn due to Applicant's amendment filed on 5/18/2026.
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 1-6, 9-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Mason et al. (US 2018/0311929 A1) [hereinafter Mason].
Regarding claim 1, Mason discloses a thermoplastic composite article (Figs. 1B-1E; abstract) comprising, a core layer (layer 130, 170 and/or 180) comprising a foam material (paragraph [0075]); a porous layer (TFR layer 120 and/or layer 160; paragraph [0066]) comprising a web of reinforcing fibers held in place by a thermoplastic material (paragraphs [0067-0069]), wherein the porous layer (layer 120 and/or layer 160) is disposed on a first surface of the core layer (Figs. 1B-1E); and a fiber reinforcement layer assembly (mesh 110) disposed on the porous layer, wherein the fiber reinforcement layer assembly comprises a matrix comprising a plurality of arranged fibers held in place by an amorphous thermoplastic material (paragraph [0063]).
Mason fails to specifically teach the thermoplastic material of the fiber reinforcement layer assembly comprising an amorphous polyethylene terephthalate or an amorphous polyolefin.
Mason teaches the thermoplastic material may include other suitable thermoplastics and is not limited to those recited in paragraph [0063].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the thermoplastic material of the fiber reinforcement layer assembly in Mason to comprise either an amorphous polyethylene terephthalate or an amorphous polyolefin, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice in absence of showing unexpected results. MPEP 2144.07.
Regarding claim 2, Mason discloses wherein the plurality of arranged fibers of the fiber reinforcement layer assembly comprise a unidirectional arrangement of the fibers in a single ply, two plies, three plies, four plies, five plies, six plies or more than six plies (paragraphs [0063]; [0081] and [0087]).
Regarding claim 3, Mason discloses wherein the plurality of arranged fibers of the fiber reinforcement layer assembly are selected from the group consisting of glass fibers, carbon fibers, organic fibers, inorganic fibers, bicomponent fibers, and combinations and blends thereof (paragraph [0063]).
Regarding claim 4, Mason discloses wherein the plurality of arranged fibers of the fiber reinforcement layer assembly comprise a bidirectional arrangement of the fibers in a single ply, a bidirectional arrangement of the fibers in two plies, a bidirectional arrangement of the fibers in three plies, a bidirectional arrangement of the fibers in four plies, a bidirectional arrangement of the fibers in five plies, a bidirectional arrangement of the fibers in six plies or a bidirectional arrangement of the fibers in more than six plies (paragraphs [0063]; [0081] and [0087]).
Regarding claim 5, Mason discloses wherein the plurality of arranged fibers of each ply are independently selected from the group consisting of glass fibers, carbon fibers, organic fibers, inorganic fibers, bicomponent fibers and combinations and blends thereof (paragraph [0063]).
Regarding claim 6, Mason discloses wherein the fiber reinforcement layer assembly comprises a basis weight between 400 gsm and 4000 gsm (paragraph [0062]).
Regarding claim 9, Mason discloses wherein the thermoplastic material of the porous layer comprises at least one of a polyethylene, a polypropylene, a polystyrene, a polyimide, a polyctherimide, an acrylonitrylstyrene, a butadiene, a polycthylene terephthalate, a polybutyleneterephthalate, a polybutylenetetrachlorate, a polyvinyl chloride, a polyphenylene ether, a polycarbonate, a polyestercarbonate, a polyester, an acrylonitrile-butylacrylate-styrene polymer, an amorphous nylon, a polyarylene ether ketone, a polyphenylene sulfide, a polyaryl
sulfone, a polyether sulfone, a poly(1,4 phenylene) compound, a silicone and mixtures thereof (paragraph [0010]).
Regarding claim 10, Mason discloses wherein the reinforcing fibers of the porous layer are selected from the group consisting of glass fibers, carbon fibers, graphite fibers, synthetic organic fibers, inorganic fibers, bicomponent fibers, natural fibers, mineral fibers, metal fibers, metalized inorganic fibers, metalized synthetic fibers, ceramic fibers, and combinations and blends thereof (paragraph [0011]).
Regarding claim 11, Mason discloses further comprising a second porous layer (layer 120 or layer 160) between the core layer (layer 130, layer 170 or layer 180) and the porous layer (Figs. 1D, 1E and 5; TFR layers 120 or layer 160).
Regarding claim 12, Mason discloses further comprising a first adhesive layer between the fiber reinforcement layer assembly and the porous layer and a second adhesive layer between the porous layer and the core layer (paragraphs [0059-0060] and [0081-0083]).
Regarding claim 13, Mason discloses wherein each of the first adhesive layer and the second adhesive layer comprises a polyolefin (paragraph [0075]).
Regarding claim 14, Mason discloses wherein the plurality of arranged fibers of the fiber reinforcement layer assembly comprise a unidirectional arrangement of the fibers in a single ply, a bidirectional arrangement of fibers in two plies, a bidirectional arrangement of fibers in three plies, a bidirectional arrangement of fibers in four ply, or a bidirectional arrangement of fibers in more than four plies (paragraph [0063]).
Regarding claim 15, Mason discloses wherein the plurality of arranged fibers of the fiber reinforcement layer assembly are selected from the group consisting of glass fibers, carbon fibers, organic fibers, inorganic fibers, bicomponent fibers, and combinations and blends thereof (paragraphs [0063]).
Regarding claim 16, Mason discloses wherein the foam material of the core layer comprises an expandable foam, an expandable polyurethane foam, or an expandable polystyrene foam (paragraphs [0009] and [0084]).
Regarding claim 18, Mason discloses a support layer coupled to a second surface of the core layer (paragraphs [0012] and [0074-0075]).
Regarding claim 19, Mason discloses wherein the support layer comprises a metal layer, a porous layer, a glass mat, a flame retardant panel, a scrim, or a fiber reinforcement layer assembly (paragraphs [0012] and [0074-0075]).
Regarding claim 20, Mason fails to specifically teach the thermoplastic material of the fiber reinforcement layer assembly comprising an amorphous polypropylene.
Mason teaches the thermoplastic material may include other suitable thermoplastics and is not limited to those recited in paragraph [0063].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the thermoplastic material of the fiber reinforcement layer assembly in Mason to comprise an amorphous polypropylene, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice in absence of showing unexpected results. MPEP 2144.07.
Response to Arguments
Applicant’s arguments, filed 5/18/2026, with respect to the 35 U.S.C. 102(a)(1) rejection of claims 1-16 and 18-20 as anticipated by Mason (US 2018/0311929) have been considered, but are moot in view of the new ground of rejection which is presented above.
Applicant’s arguments, see page 8, filed 5/18/2026, with respect to the 35 U.S.C. 102 (a)(1) rejection of claim 7 as anticipated by Mason have been fully considered and are persuasive. Thus, the 35 U.S.C. 102(a)(1) rejection of claim 7 as anticipated by Mason has been withdrawn.
Allowable Subject Matter
Claim 17 is allowed. The following is a statement of reasons for the indication of allowable subject matter: Mason et al. (US 2018/0311929) fails to teach or reasonably suggest the distinct feature of “the foam material of the core layer comprising a high density polyethylene terephthalate foam”.
Claims 7-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: Mason et al. (US 2018/0311929) fails to teach or reasonably suggest the distinct feature of “wherein the fiber reinforcement layer assembly comprises four plies comprising a 0/90/90/0 arrangement of the plurality of the arranged fibers”, as recited in claim 7.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE A SIMONE whose telephone number is (571)272-1501. The examiner can normally be reached M-F 8am-4pm.
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CATHERINE A. SIMONE
Examiner
Art Unit 1781
/Catherine A. Simone/ Primary Examiner, Art Unit 1781
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