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 .
Note regarding set of claims examined
Applicant has filed 3 sets of claims in the instant application. Applicant submitted two sets of claims on 5/31/24 with one of the sets amending the other set of claims. The most recent claim set of 10/30/24 appears to be the originally filed and not an amended set of claims. The Examiner has determined that the appropriate set of claims to examine are the amended set from 5/31/24 and has provided an Office Action based on that set of claims. It is recommended for the Applicant to appropriately address this inconsistency in their response.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 6, 8-10, and 12-16 are rejected under 35 U.S.C. 102(a)(1) & (a) (2) as being anticipated by Li et al., U.S. Pre Grant Publication 2016/0068428.
Regarding claim 1, Li discloses glass compositions, fiberizable glass compositions, and glass fibers as well as glass strands, yarns and fabrics wherein the glass composition includes SiO2; Al2O3; MgO and at least one rare earth oxide [0005-0006]. It is disclosed in paragraph 0058 discloses that SrO can be present in the composition wherein the SrO improves glass elastic modulus. Paragraph 0059 discloses that the composition can comprise ZnO which provides improved acid resistance.
Regarding claim 6, paragraphs 0037-0038 discloses that the composition can include ZrO2.
Regarding claims 8-10, paragraph 0177 discloses that the glass fibers have a Young’s modulus of greater than about 95 GPa.
Regarding claim 12, paragraph 0069 discloses that the glass composition can provide for chopped strands, rovings, continuous strands or yarns.
Regarding claim 13, paragraph 0012 discloses glass fibers and polymeric resin wherein the glass fibers can be in the form of a woven fabric.
Regarding claim 14, Li discloses a composite including the glass fibers and polymeric resin wherein the glass fibers can be in the form of a woven fabric [0012]. Li discloses the same composite having the same structural limitations as Applicant’s claimed pipe. Applicant’s preamble, “pipe” does not limit the structure of the claimed invention. See MPEP 2111.02.
Regarding claim 15, Li discloses a composite including the glass fibers and polymeric resin wherein the glass fibers can be in the form of a woven fabric [0012]. Li discloses the same composite having the same structural limitations as Applicant’s claimed reinforcing material for concrete. Applicant’s preamble, “reinforcing material for concrete” does not limit the structure of the claimed invention. See MPEP 2111.02.
Regarding claim 16, Li discloses a composite including the glass fibers and polymeric resin wherein the glass fibers can be in the form of a woven fabric [0012]. Li discloses the same composite having the same structural limitations as Applicant’s claimed high-voltage power transmission line protecting material Applicant’s preamble, “high-voltage power transmission line protecting material” does not limit the structure of the claimed invention. See MPEP 2111.02.
Claims 1-3 and 6-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kishimoto et al., JP 2000-159544.
Regarding claims 1-3, Kishimoto discloses a glass composition having a high elastic modulus [0001]. Paragraph 0010 discloses that the glass composition includes 55 mol% of SiO2; Al2O3 and MgO. It is disclosed in paragraph 0027 that the SiO2 is an essential component that constitutes the network structure of glass Paragraph 0034 discloses that the MgO is very effective in improving the Young’s modulus of the glass. Paragraph 0072 discloses that the acid resistance of the glass composition is improved.
Regarding claims 6-7, paragraph 0010 discloses that ZrO2 is present in the composition from 0 to 5 mol%.
Regarding claims 8-10. Paragraph 0048 discloses that the glass composition has a Young’s modulus of 95 GPa or more.
Claims 1-2 and 4-5 are rejected under 35 U.S.C. 102(a)(1) & (a)(2) as being anticipated by Dejneka et al., U.S. Pre Grant Publication 2019/0127265
Regarding claims 1-2 and 4-7, Dejneka discloses a glass composition wherein SiO2 is the largest constituent of the composition and is present in the amount of greater than or equal to 50 mol% and less than or equal to 80 mol% [0037]. Additionally, paragraph 0037 discloses that SiO2 enhances the chemical durability and the resistance of the glass composition to decomposition in acid. Paragraph 0032 discloses that Al2O3 is present in the glass composition. Paragraph 0058 discloses that the glass composition can include one or more rare earth metal oxides such as Y2O3 present in the amount of greater than 0 mol% and less than equal to 4 mol%. Also, paragraph 0058 discloses that the rare earth metal oxides increase modulus.
Regarding claims 6-7, paragraph 0057 discloses the presence of ZrO2 present in the amount of less than or equal to 1 mol%.
Claims 1 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Nakagawa, JPH 025620, as evidenced by Kishimoto et al., JP 2000-159544.
Regarding claim 1, Nakagawa discloses a glass composition comprising SiO2, Al2O3 and MgO [see 4th paragraph]. Kishimoto provides evidence that MgO is very effective in improving the Young’s modulus of glass compositions wherein the composition includes SiO2, Al2O3 and MgO [0034 of Kishimoto]. The 3rd paragraph of Nakagawa discloses that the composition has acid resistance.
Regarding claim 11, the 3rd paragraph of Nakagawa discloses that the weight reduction of the glass is below 0.05% wherein the weight reduction method includes placing 80 ml of the silica glass powder (specific gravity gram) of the size 420 micrometers in a platinum basket with 80 ml of pure water and HNO3 [nitric acid] and heating in a boiling bath for 60 minutes.
Nakagawa is silent to the method including sulfuric acid present in the bath as defined in paragraph 0048 of Applicant’s published specification for the method JOGIS J06-1999. Nitric acid and sulfuric acid are both strong mineral acids and strong oxidizing agents. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize sulfuric acid in the method of Nakagawa as the simple substitution would yield predictable results. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMIE S THOMPSON whose telephone number is (571)272-1530. The examiner can normally be reached 8:30 am - 5:30 pm.
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, Jennifer Boyd, can be reached at 571-272-7783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786
Prosecution Insights