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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-15 and 17 in the reply filed on 07/17/26 is acknowledged. Claims 16 and 18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-15 and 17 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 8-12 and 14 of copending Application No. 19/497,682 [not published]. Claims dated 12/29/25 were reviewed. Although the claims at issue are not identical, they are not patentably distinct from each other because they are not patentably distinct from each other because the instant claims and copending claims are obvious variants of each other. Both the copending claims and Applicant’s claims require a fiber reinforced composite which is impregnated with a matrix resin which can be a polyamide or a polyester resin; thermoplastic resin reinforcing fibers which have a melting point within the range of 130° C. to 230° C; where the mean fiber diameter of the fibers is in the overlapping range of 0.5 μm to 35 μm; where the fiber layer may be unidirectionally laid woven; where the layers can be stacked and the at least two reinforcing fiber layers are stitched together by a stitch yarn as the auxiliary yarn.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-15 and 17 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of copending Application No. 18/879,081 [USPUB 20250387953A1]. Claims dated 12/26/24 were reviewed. Although the claims at issue are not identical, they are not patentably distinct from each other because they are not patentably distinct from each other because the instant claims and copending claims are obvious variants of each other. Both the copending claims and Applicant’s claims require a stitched fiber reinforced composite which is impregnated with a matrix resin; has thermoplastic resin reinforcing fibers aligned in a direction; both require a melting or glass transition of the fiber; the layers can be stacked (multiaxially or unidirectionally) and the at least two reinforcing fiber layers are stitched together by a stitch yarn as the auxiliary yarn, which can be polyethersulfone.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-15 and 17 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2-5, 9, 11-17 and 19-20 of copending Application No. 17/798,791 [USPUB 20230139781A1]. Claims dated 08/03/26 were reviewed. Although the claims at issue are not identical, they are not patentably distinct from each other because they are not patentably distinct from each other because the instant claims and copending claims are obvious variants of each other. Both the copending claims and Applicant’s claims require a fiber reinforced composite which is impregnated with a matrix resin; thermoplastic resin reinforcing fibers having a linear expansion coefficient; carbon fibers; where the fiber layer may be unidirectionally laid and stitched together by a stitch yarn as the auxiliary yarn.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-15 and 17 is/are rejected under 35 U.S.C. 102(a)(1)(a)(2) as being anticipated by WO 2021/172246A1 issued to Akamatsu et al.
Regarding claims 1-4, 6 and 17; Applicant is directed to the teachings Akamatsu et al., who at ¶ 0063 and Example 4, teach a reinforcing fiber base material having a plurality of reinforcing fiber layers [reinforcing fiber sheets] which include reinforcing fibers, a plurality of resin material layers [non-woven fabric made from polyamide 12, having an average fiber diameter of 20 µm, a weight per area: 6 g/m2, a melting point of 170°C, disposed between each of the reinforcing fiber sheets] including thermoplastic resin fibers, and an auxiliary yarn, wherein the reinforcing fiber base material includes at least two of the reinforcing fiber layers, which are layered and overlapping with one other; the at least two reinforcing fiber layers are each configured from the reinforcing fibers, with said fibers being unidirectionally drawn and aligned; the at least two reinforcing fiber layers are stitched together with, the auxiliary yarn/stitching yarn; the integrity of the reinforcing fiber base material is maintained by the auxiliary yarn joining fellow reinforcing fiber layers; and the average fiber diameter of the thermoplastic resin fibers is 0.5-35 µm [20 µm.
At ¶ 0032-0033, the instant reference teaches that the reinforcement fiber sheets made of unidirectionally drawn and aligned reinforcement fiber are laminated layer by layer by altering the fiber axial direction. The laminate structure of the reinforcement fiber sheets is such that the sheets are preferably laminated layer by layer by altering the fiber axial direction of the reinforcement fiber, and more preferably laminated by altering the fiber axial direction to an appropriately selected angle from 0°, ±45°, and 90°. These angles mean that the fiber axial directions of thread line of the reinforcement fiber are at 0°, ±45°, and 90° with respect to a predetermined direction of the stitched fiber-reinforced substrate material, thereby meeting the limitation as sought in claims 7-9.
At ¶ 0024, the instant reference teaches that the fineness of the stitching yarn, though not particularly specified, is preferably 10 to 70 dTex, and more preferably 15 to 40 dTex. The single yarn diameter of the stitching yarn is preferably 10 to 40 μm. The number of filaments in the stitching yarn is preferably 1 to 50 and more preferably 4 to 24, thereby meeting the limitations as sought in claim 10.
Regarding Claim 11, where Applicant seeks that the reinforcing fiber substrate according to claim 1, wherein the auxiliary yarn is made of a resin fiber having a melting point of 80°C to 185°C; Applicant is directed to ¶ 0020, where the instant reference teaches the composition of the stitching yarn, which serves as Applicant’s auxiliary yarn. As the composition is the same, the melting point will also be the same.
Regarding Claim 12, where Applicant seeks that the reinforcing fiber substrate according to claim 1, wherein the auxiliary yarn comprises a fiber of polyamide resin, polyester resin, polyethersulfone (PES) resin, or polyetherimide (PEI) resin; Applicant is directed to ¶ 0020, where the instant reference teaches the composition of the stitching yarn, which serves as Applicant’s auxiliary yarn can be polyolefin fiber, such as polyethylene fiber and polypropylene fiber, polyamide fiber, such as aliphatic polyamide fiber, semi-aromatic polyamide fiber, and fully aromatic polyamide fiber, polyester fiber, cellulose fiber, and the like.
Regarding Claim 13, where Applicant seeks that the reinforcing fiber substrate according to claim 1, wherein the auxiliary yarn comprises a compound having at least one selected from a group consisting of a hydroxyl group, an amino group, a phenol group, a lactam group and an epoxy group, and an amide bond and an ester bond; Applicant is directed to ¶ 0021, where the instant reference teaches that the he polar group, hydroxy group, epoxy group, ester group, amino group, amide group, and the like are preferably mentioned. Among these, fibers having a hydroxy group or amide group are particularly preferable.
Regarding Claim 14, where Applicant seeks that the reinforcing fiber substrate according to claim 1, wherein the auxiliary yarn is an auxiliary yarn which melts when heated at 180°C for 2 hours, or the coefficient of linear expansion of the auxiliary yarn in the fiber axial direction after being heated at 180°C for 2 hours and cooled is -1x10-6 to 8Ox10-6/K; Applicant is directed to ¶ 0010, where the instant reference teaches exactly the same limitations.
Regarding Claim 15, where Applicant seeks that a preform material, comprising the reinforcing fiber substrate according to claim 1, and a binder resin, wherein the binder resin is 1 to 20 parts by mass with respect to 100 parts by mass of the reinforcing fiber substrate; Applicant is directed to ¶ 0049, where the instant reference teaches exactly the same limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. EP 2447305A1 issued to Fang et al.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Arti Singh-Pandey whose telephone number is (571)272-1483. The examiner can normally be reached Monday-Thursday 8:30-5:00 and 8:00-10:00.
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/Arti Singh-Pandey/
Primary Patent Examiner
Art Unit 1759
asp
