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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/21/2025 has been entered.
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.
Claim(s) 16-17 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over
Viard et al. (US 2020/0353717A) as evident by Linnemann (EP1591468) in view of Keuchel et al. (WO2006/096170) and Oomori et al. (US 9404016).
Viard et al. discloses a reinforcing material (see abstract) comprising” at least one layer of fibrous material having a planar configuration (see abstract, 2 of Fig. 1); at least one layer of porous thermoplastic material (see 1 of Fig. 1; 0046) conjoined to a surface of the fibrous layer (see 0046); the at least one layer of thermoplastic material representing 2-6% of the total mass of reinforcing material (see abstract); the fibrous reinfrocment comprising a unidirectional web of yarns (see 0050); the thermoplastic layer is formed of a material carrying NH2 and COOH functions (see 0038). Viard et al. states the thermoplastic polymer used can be those that are found in EP1591468 (see 0028 of Viard et al.). Linnemann et al. teaches the weight of the polymer is 10,000-30000 g/mol (see 0028). Viard et al. states the porous thermoplastic material can be a non-woven fabric or powder (see 0117-0119).
Viard et al. fails to teach the thermoplastic is reactive and has 0.20 – 95 meq/g of NH2 functions and 0.20 – 0.95 meq/g of COOH functions as required by claim 26.
Keuchel et al. discloses a composite form of a thermoplastic adhesive matrix and reinforcing fibrous layers. Keuchel et al. discloses copolyamides comprise carboxyl end groups as well as amine end groups which are more reactive (see ) resulting in better strength properties. The concentration of reactive groups is therefore a result effective variable.
Oomori et al. discloses a laminated body that comprises a natural material and an anchor layer. Oomori et al. teaches introducing carboxy groups in a range of 0.6-2.5 mmol/g in cellulose fiber (see claims).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify composite of Viard et al. to include using the concentration of end groups within the claimed range through routine experimentation. One would have been motivated to do so in order to optimize the adhesion of the thermoplastic to the reinforcing fibrous layer and mechanical properties of the composite especially since Oomori et al. teaches using groups within the claimed range especially since there is no evidence of criticality in using the claimed range. Applicant states the use of 0.20 - 0.95 meq/g of NH2 functions and/or 0.20 - 0.95 meq/g of COOH functions, and the examples provided in the specification uses either NH2 or COOH in the range of 0.20 —0.95 meq/g to show advantages.
As to claim 16, Viard et al. discloses a preform comprising one or more layers of reinforcing material having the fibrous material and porous thermoplastic material (see 0020, and claim 13).
As to claim 17, the preform is formed by injecting with epoxy resin (see 0022 of Viard et al.).
Conclusion
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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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/CACHET I. PROCTOR/
Examiner
Art Unit 1715
/CACHET I PROCTOR/ Primary Examiner, Art Unit 1715