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 .
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 1-9, 11-12 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Bard et al., U.S. Pre Grant Publication 2023/0213124 in view of Dry et al., U.S. Pre Grant Publication 2007/0087198 and in further view of Urban, U.S. Pre Grant Publication 2020/0095361.
Regarding claims 1-9, 11-12 and 18-20, Bard discloses multilayer hoses [0001]. It is disclosed in paragraph 0015 that the hose can be used to allow for the passage of a gas. Paragraph 0004 discloses that the hose includes an inner tube [layer], a filler material and an outer cover [layer] wherein the filler material includes a self-healing material. Additionally, paragraph 0004 discloses that the filler material is between the outer cover and the inner tube. Paragraph 0034 discloses that the filler material can be combined with a fabric material. Paragraph 0035 discloses that the filler material includes a self-healing material. Paragraph 0036 discloses that the filler material can include self-healing polymers.
Bard is silent to the self-healing matrix formulation comprising a first continuous fiber reinforced composite wherein the self-healable matrix is on a surface of the fiber. Dry discloses in paragraph 0079 applications to resist hydrogen gas and industrial applications for gas pipes [as per instant claim 12]. Dry discloses in paragraph 0041 a self-forming matrix including fibers filled with one part repair chemical and the other part on the fiber surface. Paragraph 0035 discloses that the two part system is a self-repair matrix. Paragraphs 0069-0070 of Dry discloses that the self-repair system can withstand high temperatures without damage to the repair system. It is disclosed in paragraph 0026 of Dry that the reinforcing fibers can be present as a dense woven [weave] [0029] [as per instant claims 6 and 19] Dry discloses in paragraph 0097 that the fibers can include polyester fibers, polyamide fibers, polyolefin fibers, polypropylene fibers [as per instant claims 3 and 4]. It is disclosed in paragraph 0233 of Dry that the self-repair system can include stacked layers in a quasi-isotropic manner [as per instant claims 7-9, 11 and 20]. Bard and Dry are analogous art in that both references are directed to pipes/hoses that allow the passage of gases such as hydrogen gas. One of ordinary skill in the art before the effective filing date of the invention to utilize the self-healing repair system of Dry that includes a self-forming matrix including fibers filled with one part repair chemical and the other part on the fiber surface in the filler material of Bard for the benefit of obtaining a filler mater that is capable of withstanding high temperatures without damage to the system.
Neither Bard nor Dry discloses that the self-healing matrix is a co-polymer. Both Bard and Dry are analogous art in that both references are directed to pipes/hoses that allow the passage of gases such as hydrogen gas. Dry discloses in paragraph 0091 that the self-healing matrix can include acrylates or methacrylates. Urban discloses a co-polymer exhibiting improved self-healing properties wherein the copolymer comprises first units comprising first pendant groups wherein the first pendant groups are alkyls having at least 2 to no more than 6 carbons and the second units comprise second units comprising second pendant groups having at least 2 to no more than 8 carbons with the first and second units are in molar ratio of 45/55 to 55/45 [abstract and 0008]. Paragraph 0029 of Urban discloses poly(methyl methacrylate/n-butyl acrylate) copolymers with extraordinary self-healing properties wherein the copolymer comprises alternating first and second units. See also reference claims 1 and 3-10. Bard, Dry and Urban are analogous are in that the references include self-healing repair systems. One of ordinary skill in the art before the effective filing date of the invention would utilize the self0healing copolymer of Urban in the combination of Bard and Dry for the benefit of obtaining a self-healing repair system that has enhanced self-healing properties.
Claims 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Dry et al., U.S. Pre Grant Publication 2007/0087198 in view of Urban, U.S. Pre Grant Publication 2020/0095361.
Regarding claims 13-17, Dry discloses in paragraph 0079 applications to resist hydrogen gas and industrial applications for gas pipes. Dry discloses in paragraph 0041 a self-forming matrix including fibers filled with one part repair chemical and the other part on the fiber surface. Paragraph 0035 discloses that the two part system is a self-repair matrix. Paragraphs 0069-0070 of Dry discloses that the self-repair system can withstand high temperatures without damage to the repair system. It is disclosed in paragraph 0026 of Dry that the reinforcing fibers can be present as a dense woven [weave] [0029]. Dry discloses in paragraph 0097 that the fibers can include polyester fibers, polyamide fibers, polyolefin fibers, polypropylene fibers.
Dry is silent the self-healing matrix being a co-polymer. Dry discloses in paragraph 0091 that the self-healing matrix can include acrylates or methacrylates. Urban discloses a co-polymer exhibiting improved self-healing properties wherein the copolymer comprises first units comprising first pendant groups wherein the first pendant groups are alkyls having at least 2 to no more than 6 carbons and the second units comprise second units comprising second pendant groups having at least 2 to no more than 8 carbons with the first and second units are in molar ratio of 45/55 to 55/45 [abstract and 0008]. Paragraph 0029 of Urban discloses poly(methyl methacrylate/n-butyl acrylate) copolymers with extraordinary self-healing properties wherein the copolymer comprises alternating first and second units. See also reference claims 1 and 3-10. Dry and Urban are analogous are in that the references include self-healing repair systems. One of ordinary skill in the art before the effective filing date of the invention would utilize the self-healing copolymer of Urban in the self-healing system of Dry for the benefit of obtaining a self-healing repair system that has enhanced self-healing properties.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Bard et al., U.S. Pre Grant Publication 2023/0213124 in view of Dry et al., U.S. Pre Grant Publication 2007/0087198 and in further view of Urban, U.S. Pre Grant Publication 2020/0095361 and in further view of Banerji et al., U.S. Pre Grant Publication 2022/0196188.
The combination of Bard, Dry and Urban, above remain relied upon for claim 1.
The combination is silent to the inner and outer layers comprising a polyoxymethylene, a fluoropolymer, a polyamide, a polyester, a polyarylene sulfide, an ethylene vinyl alcohol, a polyolefin, a polyethylene terephthalate, a polybutylene terephthalate, a thermoplastic elastomers, or a blend, or copolymer or one or more thereof. However, Bard does disclose in paragraphs 0023 and 0043 that the inner and outer layers can include elastomers.
Banerji discloses a multilayered vapor [gas] transport tube [0024]. Paragraph 0028 discloses that the inner and outer layers can include thermoplastics, thermosets, elastomers or polypropylene or nylon or polyethylene terephthalate, polybutylene, polyoxymethylene, polyester. Banerji shows that the thermoplastics, thermosets, elastomers or polypropylene or nylon or polyethylene terephthalate, polybutylene, polyoxymethylene, polyester can be used interchangeably for the inner and outer layers. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute polypropylene or nylon or polyethylene terephthalate, polybutylene, polyoxymethylene or polyester for the elastomer in Bard would yield predictable results as Banerji shows that the thermoplastics, thermosets, elastomers or polypropylene or nylon or polyethylene terephthalate, polybutylene, polyoxymethylene, polyester can be used interchangeably for the inner and outer layers. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pilla et al., U.S. Pre Grant Publication 2021/0101322.
Conclusion
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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786