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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/10/2026 is being considered by the examiner.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 103
Claims 1-17 and 19-42 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2017060461 (Marissen et al.) hereinafter WO ‘761 (using US 2024/0125018 as the US equivalent) in view of Tam et al. (US 2016/0122918) and Arvidson et al. (US 2008/0118639), further in view of JP 2004308048 (JP ‘048) and Zachariades et al. (US 2011/0197564).
WO ‘761 disclose a composite lengthy body comprising high performance polyethylene fibers and a polymeric resin wherein the polymeric resin is a homopolymer or copolymer of ethylene and/or propylene and wherein said polymeric resin has a peak melting temperature in the range from 40 to 140° C (0007). A yarn is an elongated body containing many individual fibers (0010). In a preferred embodiment, high performance polyethylene fibres are polyethylene fibres with a tensile strength of at least 1.0 N/tex, more preferably at least 1.5 N/tex, more preferably at least 1.8 N/tex, even more preferably at least 2.5 N/tex and most preferably at least 3.5 N/tex. Preferred polyethylene is high molecular weight (HMWPE) or ultrahigh molecular weight polyethylene (UHMWPE) (0011). The suspension may further comprise additives such as ionic or non-ionic surfactants, tackyfying resins, stabilizers, anti-oxidants, colorants or other additives modifying the properties of the suspension, the resin and or the prepared lengthy body (0020). By lengthy body is herein understood an elongated body, especially an elongated body comprising HPPE fibres with the length dimension of the lengthy body being much greater than the transverse dimensions of width and thickness. Accordingly, the term lengthy body includes but is not limited to strands, cables, cords, ropes, ribbons, hoses, tubes and the like (0032). Lengthy bodies such as ropes and ribbons are amongst others especially adapted to be used as load-bearing element in many applications such as mooring lines, lifting ropes, sutures, pressure vessels and fishing lines (0002). Typical applications of ropes and ribbons involve repeated bending, amongst which bend-over-sheave applications (0003). In particular the lengthy bodies can be used in the manufacture of a net, such as a fishing net, a roundsling, a belt, a splice or a synthetic chain link. It has been shown that the lengthy body according to the invention has a better knot strength to other lengthy bodies which makes the use of the present invention especially suitable. Accordingly, an embodiment of the present invention is an article comprising the lengthy body, preferably a net, sling, a splice or a synthetic chain link (0040). A method for manufacturing the article comprises the steps of: a) providing the high performance polyethylene (HPPE) fibres; b) assembling the HPPE fibres to form the lengthy body; c) applying an aqueous suspension of the polymeric resin to the HPPE fibres before, during or after step b); d) at least partially drying the aqueous suspension of the polymeric resin applied in step b); to obtain a lengthy body comprising the high performance polyethylene fibres and the polymeric resin throughout the lengthy body upon completion of steps a), b), c) and d); and e) forming the lengthy body into the net, round sling or splice, wherein the polymeric resin is a homopolymer or copolymer of ethylene has a peak melting temperature in the range from 40 to 140° C (claim 39). Partially drying the suspension will at least partially melt the polymeric resin (0007). A ribbon in the context of the present invention is a lengthy body having a thickness and a width, wherein thickness is much smaller than width. Preferably the ribbon has a width to thickness ratio of at least 5:1, more preferably at least 10:1, the width to thickness ratio preferably being at most 200:1, and even more preferably at most 50:1. Sometimes a ribbon may as well be called a narrow weave, a strip, a strap, a band or a flat band. Preferably a ribbon of the invention has a width from 2 mm to 200 mm, more preferably from 4 mm to 100 mm and most preferably from 5 mm to 50 mm and a thickness form 20 micrometer to 5 mm, preferably from 30 micrometer to 4 mm and most preferably from 40 micrometer to 2 mm. In its simplest form, the ribbon may be formed by a parallel arrangement of at least 2, preferably at least 10 most preferably at least 100 fibres forming the ribbon while the array of parallel fibres are interconnected through the polymeric resin present in the lengthy body of the invention, forming a unitary ribbon. Alternatively, the ribbon is an interlaced structure of fibres for example by weaving, plaiting or knitting yarns by constructions known in the art, e.g. a plain and/or twill weave construction. The ribbon preferably has an n-ply textile webbing construction where n is preferably at most 4, more preferably 3 and most preferably 2. In the case of a woven ribbon, often referred to as narrow weave, the substantially parallel (warp) yarns of the ribbon comprise the HPPE fibres of the lengthy body and are woven together with transverse threads (weft). Said threads may be same or different from said HPPE fibres (0039). Tubular or circular braids are the most common braids for rope applications and generally consist of two sets of strands that are intertwined, with different patterns possible (0036). Marissen et al. disclose the claimed invention except for the teaching that the polymer composition also contains a lubricant.
Tam et al. (US 2016/0122918) disclose a high strength fishing line comprising high tenacity comprising ultra high molecular weight polyethylene filaments and yarns (0045). The most preferred polyolefin fibers are polyethylene fibers, most preferably gel spun (solution spun) ultra high molecular weight polyethylene fibers having a tenacity of at least 39 g/denier. More preferably, the polyethylene fibers have a tenacity of from about 43 g/denier to about 70 g/denier, still more preferably have a tenacity of 43 g/denier or more, or at least 43.5 g/denier, still more preferably from about 45 g/denier to about 70 g/denier, still more preferably have a tenacity of at least 45 g/denier, at least about 48 g/denier, at least about 50 g/denier, at least about 55 g/denier or at least about 60 g/denier (0044). It should be noted that 70 g/denier = .62 N/tex. Fusion may also be accomplished by bonding, for example, by at least partially coating the fibers of the sheath and/or core with a thermoplastic resin or other polymeric binder material having adhesive properties. Suitable thermoplastic resins non-exclusively include polyolefin resins such as polyolefin wax or ethylene copolymers. In addition, the fibers may be pre-coated with an oil prior to fusing, such as mineral oil, paraffin oil, or vegetable oil. mineral oil acts as a plasticizer that enhances the efficiency of the fusion process permitting the fusion process to be performed at lower temperatures. Any conventional method may be used to coat the fibers with the oil or thermoplastic resin, such as dipping, spraying or otherwise passing the fibers through bath of the coating material (0036).
Arvidson et al. (US 2008/0118639) disclose a process for forming unidirectionally oriented fiber structures formed of high tenacity fibers (abstract). Such structures have found significant usage in ballistic, structural, and other applications (0004). The oriented fiber structures are typically coated or impregnated with a matrix resin, which may be a thermoplastic, thermosetting, or elastomeric material (0005). A wide variety of materials may be utilized as the coating composition (which is preferably the resin matrix for the composite). For example, any of the following elastomeric materials may be employed: polyurethane elastomers, thermoplastic polyurethanes, and copolymers of ethylene (0063). The coating composition can also be a wax (0066).
It would have been obvious to one having ordinary skill in the art to have used the coating compositions comprising wax or polyurethane or oil disclosed by Tam et al. and Arvidson et al. as additives in the lengthy body of Marissen et al., motivated by the desire to create a composite lengthy body that has increased tenacity.
Regarding Applicant’s newly added amendments to claim 1, 13, and 30, JP 2004308048 (JP ‘048) disclose a method for producing a braid from ultra-high molecular weight polyethylene yarn. The constituent yarn may contain lubricants that can be coated with acrylic acid. The binder resin can comprise a polyurethane resin, a wax, and oils. The hot melt adhesive can include thermoplastic ethylene copolymer adhesives. The braid can be used in a rope or fishing line. The adhesion amount of the binder resin is preferably about 10 to 60% by weight, more preferably about 10 to 40% by weight with respect to the weight of the untwisted yarn.
In addition, Zachariades et al. (US 2011/0197564) disclose a abrasion resistant rope comprising ultra high molecular weight polyethylene fibers. A plurality of bundles of multifilament fibers has each bundle wrapped or intermingled with UHMWPE unitary tapes impregnated with e.g. a mineral lubricating oil to further reduce the internal abrasion between the bundles of fibers in the core component (0068). A plurality of bundles of multifilament fibers has each bundle wrapped or intermingled with UHMWPE unitary tapes impregnated with e.g. a mineral lubricating oil to further reduce the internal abrasion between the bundles of fibers in the core component (0069). Therefore, it would have been obvious to one having oredinary skill in the art to have used the amounts of lubricant and polymer disclosed by JP ‘048 and Zachariades et al. in the lengthy body of Marissen et al., Tam et al., and Arvidson, motivated by the desire to create a composite lengthy body that has reduced internal abrasion within the fibers and increased durability.
Furthermore, absent any showing of unexpected results or criticality, a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985) (Court held as proper a rejection of a claim directed to an alloy of "having 0.8% nickel, 0.3% molybdenum, up to 0.1% iron, balance titanium" as obvious over a reference disclosing alloys of 0.75% nickel, 0.25% molybdenum, balance titanium and 0.94% nickel, 0.31% molybdenum, balance titanium. "The proportions are so close that prima facie one skilled in the art would have expected them to have the same properties."). See also Warner-Jenkinson Co., Inc. v. Hilton Davis Chemical Co., 520 U.S. 17, 41 USPQ2d 1865 (1997) (under the doctrine of equivalents, a purification process using a pH of 5.0 could infringe a patented purification process requiring a pH of 6.0-9.0); In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (Claimed process which was performed at a temperature between 40°C and 80°C and an acid concentration between 25% and 70% was held to be prima facie obvious over a reference process which differed from the claims only in that the reference process was performed at a temperature of 100°C and an acid concentration of 10%); In re Scherl, 156 F.2d 72, 74-75, 70 USPQ 204, 205-206 (CCPA 1946) (prior art showed an angle in a groove of up to 90° and an applicant claimed an angle of no less than 120°); In re Becket, 88 F.2d 684 (CCPA 1937) ("Where the component elements of alloys are the same, and where they approach so closely the same range of quantities as is here the case, it seems that there ought to be some noticeable difference in the qualities of the respective alloys."); In re Dreyfus, 73 F.2d 931, 934, 24 USPQ 52, 55 (CCPA 1934)(the prior art, which taught about 0.7:1 of alkali to water, renders unpatentable a claim that increased the proportion to at least 1:1 because there was no showing that the claimed proportions were critical); In re Lilienfeld, 67 F.2d 920, 924, 20 USPQ 53, 57 (CCPA 1933)(the prior art teaching an alkali cellulose containing minimal amounts of water, found by the Examiner to be in the 5-8% range, the claims sought to be patented were to an alkali cellulose with varying higher ranges of water (e.g., "not substantially less than 13%," "not substantially below 17%," and "between about 13[%] and 20%"); K-Swiss Inc. v. Glide N Lock GmbH, 567 Fed. App'x 906 (Fed. Cir. 2014)(reversing the Board's decision, in an appeal of an inter partes reexamination proceeding, that certain claims were not prima facie obvious due to non-overlapping ranges); In re Brandt, 886 F.3d 1171, 1177, 126 USPQ2d 1079, 1082 (Fed. Cir. 2018)(the court found a prima facie case of obviousness had been made in a predictable art wherein the claimed range of "less than 6 pounds per cubic feet" and the prior art range of "between 6 lbs./ft3 and 25 lbs./ft3" were so mathematically close that the difference between the claimed ranges was virtually negligible absent any showing of unexpected results or criticality.).
Response to Arguments
Applicant’s arguments, filed April 6, 2026, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly cited references JP 2004308048 (JP ‘048) and Zachariades et al. (US 2011/0197564). The previously cited references, alone or in combination, do not disclose the amendments to the claims. However, the combination of the previously cited references and the newly cited JP 2004308048 (JP ‘048) and Zachariades et al. (US 2011/0197564) disclose the claimed invention.
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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/ULA C RUDDOCK/ Supervisory Patent Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
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