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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/05/2026 has been entered.
Response to Affidavits or Declarations Under 37 CFR 1.132
The affidavit or declaration filed on 08/05/2026 does not overcome the rejection of claims 1 and 4-8 as the facts presented are not germane to the rejection at issue, and further, when all the evidence is considered, the totality of the rebuttal evidence of non-obviousness fails to outweigh the evidence of obviousness.
Response to Amendment
Claims 2-3 and 9-18 are cancelled.
Claims 1 and 4-8 maintain rejected.
In view of amendment, filed on 04/28/2026, the following rejections are withdrawn from the previous office action, mailed on 08/05/2026.
Rejection of claims 1 and 4-8 under 35 U.S.C. 112(a)
The following rejections are maintained for the reason of records as given in the previous office action. The bases of these rejections are the same as given in the office action, mailed on 05/20/2026.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claim(s) 1 and 4-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu et al. (US 2012/0046394) in view of Motsanos et al. (SE 532271), the following rejection relies on attached English Translation of Motsanos et al. (SE 532271).
As to claim 1, Lu et al. (US ‘394) disclose a method of preparing a plant-based fiber reinforced composite (¶ [0057]), comprising:
Forming a preform from a plurality of plant (hemp, ¶ [0008] – ¶ [0009]) fibers to form a preform (¶ [0057]: methods for vacuum assisted resin transfer molding include an infusion process and ¶ [0009]: improved interfacial adhesion between the hemp fiber and polymer matrix);
enclosing the preform within a vacuum bag having an inlet and outlet (¶ [0057]: cover, or bag, is placed over the top of the mold to form a vacuum-tight seal);
applying a vacuum pressure to the vacuum bag (¶ [0057]: the vacuum is applied within the mold);
passing a resin through the inlet to infuse the resin into the preform (¶ [0057]: drawing the resin into the mold to embed the fibers in resin); and
removing the vacuum bag to provide the plant-based fiber reinforced composite (¶ [0057]: the composite could be formed into any desired shape based on the form/shape of vacuum bag).
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However, Lu et al. (US ‘394) is silent on disclosing that the fiber reinforced composite is a plant-based prepreg, as claimed in claim 1, and also is silent on disclosing that the resin is a liquid acrylic thermoplastic, as claimed in claim 1.
In the analogous art, Motsanos et al. (SE ‘271) disclose a prepreg is a fiber that has been pre-impregnated with the matrix, for example epoxy resin, before it is used for lamination. This is a much cleaner process since the prepreg is already semi-cured. Compared to wet lamination, this means that the step of rolling wet epoxy resin on the fibers can be ruled out. The layers are laid against a tool or mold and vacuum bag molded and then heated in an oven or in autoclave to cure the composite. (see English Translation: ¶ [0009])
Motsanos et al. (SE ‘271) further disclose the core (4) is made of hemp, preferably a hemp prepreg. By using hemp prepreg instead of dry hemp, it is possible to influence the final quality of the product as the amount of matrix is easily controllable. (see English Translation: ¶ [0035])
[AltContent: arrow][AltContent: textbox (A core (4) is made of prepreg hemp)]
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Motsanos et al. (SE ‘271) teach a method of producing a recyclable composite comprising the steps of: preparing the composite layer by layer, vacuum bag forming the prepared composite, wrap heat cable around the vacuum bag shaped composite, wrap, if applicable, excess heat cable around a frame, and connect the heat cable to a power source. (see claim 7) Further, Motsanos et al. (SE ‘271) disclose it is also known to use natural fibers. Examples of such natural fibers are jute, hemp, sisal, flax and the like. (see English Translation: ¶ [0011])
Therefore, as to claim 1, Motsanos et al. (SE ‘271) teach the fiber reinforced composite is a plant-based prepreg. (see English Translation: ¶ [0009] and ¶ [0011])
Further, as to claim 1, Motsanos et al. (SE ‘271) disclose the resin is a liquid acrylic thermoplastic resin. (a thermoplastic or epoxy resin matrix or binder is used to bond the fibers. See English Translation: ¶ [0007].
It would have been obvious for one of ordinary skill in the art, prior to the time of applicant’s invention, to replace the used fiber reinforced composite, as suggested by Lu et al. (US ‘394), so to be a plant-based prepreg in order to improve the method so to be able to influence a final quality of the product as the amount of matrix is easily controllable, as suggested by Motsanos et al. (SE ‘271), ¶ [0035] of English Translation.
Further, it would have been obvious for one of ordinary skill in the art, prior to the time of applicant’s invention, to modify a resin, as suggested by Lu et al. (US ‘394), to use a liquid thermoplastic resin in order to improve the binding properties of the resin so to be able to bind the plant fibers or strands in high temperatures and pressures for forming the composite, as suggested by Motsanos et al. (SE ‘271), ¶ [0007] of English Translation.
As to claim 1, the combined teachings of Lu et al. (US ‘394) in view of Motsanos et al. (SE ‘271) fail to disclose the resin has a viscosity of 50-150 cps at 25 ̊C. However, it would have been obvious for one of ordinary skill in the art prior to the time of Applicant’s invention to modify a viscosity of resin, as taught by combined teachings of Lu et al. (US ‘394) in view of Motsanos et al. (SE ‘271), so for the resin to have a viscosity of 50-150 cps at 25 ̊C in order to form hemp fiber-recycled high-density polyethylene (rHDPE) composites with the best mechanical properties with regards to tensile strength, elastic modulus, and flexural strength and modulus. see Lu et al. (US ‘394): ¶ [0008].
As to claim 4, Lu et al. (US ‘394) discloses the plant fibers or strands are obtained from wood (¶ [0005]), sisal (Table 1), hemp (¶ [0038]-[0039]), or jute (Table 1).
As to claim 5, Lu et al. (US ‘394) teach the plant strands have an average thickness of 0.2 to 0.7 mm. (¶ [0081]: The average density of Hemp fiber … with a typical diameter of 22.5 .mu.m which is equal to 0.225 mm that falls within the required range in claim 5.
As to claim 6, Lu et al. (US ‘394) in view of Motsanos et al. (SE ‘271) fail to disclose the plant-based prepreg has an average thickness of 1-12 mm. However, it would have been obvious for one of ordinary skill in the art prior to the time of Applicant’s invention to modify a plant-based prepreg size, as taught by combined teachings of Lu et al. (US ‘394) in view of Motsanos et al. (SE ‘271), so for the plant-based prepreg to have an average thickness of 1-12 mm in order to increase in the maximum flexural strength of the plant-based prepreg. see Lu et al. (US ‘394): ¶ [0098].
As to claim 7, Lu et al. (US ‘394) disclose placing a resin flow media layer (Figure 15: peel ply and/or resin distribution fabric layer) on an upper surface of the preform before the enclosing step and removing the resin flow media layer after removing the vacuum bag. (¶ [0058], ¶ [0062], and Fig. 15)
As to claim 8, Lu et al. (US ‘394) disclose the plurality of plant fibers are adhered and compressed to form the preform. (¶ [0057]: methods for vacuum assisted resin transfer molding include an infusion process and ¶ [0009]: improved interfacial adhesion between the hemp fiber and polymer matrix. ¶ [0084]: a compression molding technique using the Carver hydraulic press was used to manufacture the hemp fiber composites with the rHDPE films using a fabricated mold)
Response to Arguments
Applicant's arguments, filed 08/05/2026, have been fully considered but they are not persuasive.
In response to applicant’s arguments that “Lu is not making a prepreg (like the claimed invention where prepregs can then be used to make something else)” (see remarks: page 4, 6th paragraph), arguments were fully considered but are not found persuasive. It should be noted that the rejection introduces the prior art of Motsanos et al. (SE ‘271) and Motsanos et al. (SE ‘271) teach the fiber reinforced composite is a plant-based prepreg. (see English Translation: ¶ [0009] and ¶ [0011]) this fully cures the deficiency of the prior art of Lu, and therefore, the prior art rejection is still valid and applicable.
Further, in response to applicant’s arguments that “Motsanos does not even use a thermoplastic”, (see remarks: page 5, 2nd paragraph) arguments were fully considered but are not found persuasive because Motsanos, in paragraph [0007], clearly discloses “a thermoplastic or epoxy resin matrix or binder is used to bond the fibers” which the prior art clearly discloses the resin is a liquid thermoplastic resin.
Moreover, in response to applicant’s arguments that the references do not disclose “the claimed invention requires that the only fibers in the pre-form are the plant fibers or strands”. (see remarks: page 5, 3rd paragraph), arguments were fully considered but are not found persuasive because Lu et al. (US ‘394) disclose the only fiber in the preform are the plant fibers, where in paragraph [0009], it recites “improved interfacial adhesion between the hemp fiber and polymer matrix”.
Therefore, claims maintained rejected under above applied prior art rejections.
Finally, after a full review of the submitted remarks in both filed affidavit of the support and the submitted arguments, it has been concluded that there are differences in interpreting the claimed subject matter and the cited references between the Applicant and the Office. Therefore, Examiner would like to suggest that if Applicant’s Counsel believes an interview can benefit the prosecution of the instant application, Applicant’s Counsel is kindly invited to contact the undersigned examiner.
Correspondence Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEYED MASOUD MALEKZADEH whose telephone number is (571)272-6215. The examiner can normally be reached M-F 8:30AM-5:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SUSAN D. LEONG can be reached at (571)270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEYED MASOUD MALEKZADEH/ Primary Examiner
Art Unit 1754
09/05/2026