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 1-11 in the reply filed on 5/29/2026 is acknowledged. Claims 12-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected pellets, process and molded article, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/29/2026.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: Claim 1 recites a “glass fiber reinforced thermoplastic polymer composition” in the preamble and then wherein the “polymer sheath consists of a thermoplastic polymer composition”. The specification describes the sheathed continuous multifilament strand that is the glass fiber reinforced thermoplastic polymer composition [0019] and then the polymer sheath that is a thermoplastic polymer composition that does not contain glass filaments [0025]-[0031]. In [0028] states that the amount of thermoplastic polymer with respect to the thermoplastic polymer composition may be at least 50 wt% and 75-99% with reference to the sheath. It is not clear what the scope of the thermoplastic composition is versus the thermoplastic polymer composition for the sheath.
Claim 1 recites a “glass fiber reinforced thermoplastic polymer composition” in the preamble and then “comprising a sheathed continuous multifilament strand comprising”. It is not clear how the composition is a glass multifilament strand. A glass multifilament strand is an article with structure, while a composition is in a different statutory class.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 recites the limitation "thermoplastic polymer composition" in line 7. There is insufficient antecedent basis for this limitation in the claim. Claim 1 line 1 recites a thermoplastic polymer composition in the preamble. It is not clear if the polymer sheath thermoplastic composition is the same as the thermoplastic polymer composition of the preamble.
Claim 1 and dependent claims 2-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 requires a glass fiber-reinforced thermoplastic polymer composition comprising a sheathed continuous multifilament strand comprising a core and a polymer sheath around the core. A composition claim does not include structure and therefore the composition comprising a multifilament strand is indefinite and lacks the structural relationship of the composition with respect to the multifilament strand. Line 7 recites that the polymer sheath consists of a thermoplastic polymer composition and it is unclear how the sheath composition relates to the thermoplastic composition of the glass multifilament strand.
For purposes of examination, the claim will be interpreted as a sheathed continuous glass multifilament strand with an impregnating agent composition comprising a thermoplastic polymer on the strands that forms the sheath or exterior thermoplastic polymer on the impregnated glass strands.
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.
Claims 1 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schell et al (CN 1143943).
Schell is directed to an aqueous chemical treatment agent or sizing of the silica fibre and filler, comprising a polyolefin compatible film-forming polymer, organo-functional silane and at least one stabilizer to produce a polyolefin reinforcing article. the stabilizer is one or more of alkali metal, alkaline earth metal and ammonium, phosphinates, phosphite, phosphate, sulfite and bisulfite, an organic phosphinic acid ester and/or phosphate ester and mixtures thereof, and other types of antioxidants such as hindered phenol, diaryl amine, thioether combination, wherein the amount of the stabilizer is effective value of stabilization. any sizing agent contains the presence of one or more branched carboxylic acid copolymer iridium.
The invention claims a strand or strands of glass fibre and chemical treatment, the reinforced thermoplastic polyolefin plastic and especially has improved strength.
The purpose of the invention is to provide chemically treated fiber and strand and or applying glue beam, when used to enhance chemical coupling and/or thermoplastic polymer (e.g. polyalkene) without chemical coupling, resulting in improved mechanical strength of the initial mechanical strength and/or improved retention after heat aging and/or colour.
The purpose of the invention is realized by glass fibre treated by sizing, the sizing agent comprises organic functionalized inorganic coupling agent, capable of forming polymer polyolefin compatible film, one or more effective against the oxidation phenomenon of stabilizing agent, and the sizing agent coated on the glass fibre carrier. stabilizer such as the following: 1) an alkali metal, alkaline earth metal and ammonium, phosphinates, phosphite, phosphate, sulfite and bisulfite, an organic phosphinic acid ester and/or a phosphite ester and mixtures thereof, and 2) from 1) of stabilizer such as hindered phenol, diaryl amine, thioether and the like mixtures and combinations with other types of stabilizing agent. randomicity can be with or without ground, sizing agent can comprise branched carboxylic acid copolymer iridium and one or more other components such as film-forming polymer, coupling agent, lubricant, and the like. glass fibre of applying glue is composed of many of the other aspect of the present invention contains the sizing agent composed of polyolefin reinforcing body.
The water emulsified, dispersed or dissolved stabilizer comprises organic and inorganic phosphinates (ester), phosphate (ester) and sulfite (ester).
Preferably the stabilizing agent is soluble inorganic phosphate, and most preferably, sodium hypophosphite is a separate stabilizing agent, preferably aqueous chemical treatment composition in an amount of from about 3 to about 10wt%. suitable sodium hypophosphite is NaH2PO2/H2O of solid sodium hypophosphite form purchased from the Fisher Scientific Company as formula. Such a material is water-soluble, and when the chemical treatment composition of the carrier is water, it is only dissolved in the chemical treatment composition or pre-dissolved and added to the chemical treatment composition. For the phosphite or phosphonate stabilizer dosage, can use large amount in order to obtain benefits of greater mechanical strength. the amount of stabilizing agent should not exceed is other components is limited to the amount of the degree of adverse effect of sizing agent overall performance. is capable of improved glass fiber reinforced and/or thermoplastic polymer matrix filled siliceous material mechanical property amount of stabilizers in an effective value of stabilization.
The mixture of the stabilizer can be used for chemical treatment composition, and preferably using the mixture added in the second-stage process capable of introducing chemical treatment composition mixture of the stabilizer or the fiber of the reinforcing agent after chemical treatment. can be used for examples of other antioxidants and one or more phosphites, phosphonates and stabilizer combination consisting of sulphite is sulfide and polymer thereof. non-discharge of these compounds which example has the chemical formula S (CH2CH2COOC13H27) 2 - (tridecyl) thiodipropionate ester. suitable thiodipropionate ester is product name Evanstab13 from Grace Waterloo, EvansChemetics Unit of New York chiralible. another example is from Eastman Chemical Company, Tennessee by trade name PA49M chiralible distearyl thio dipropionate (DSTDP). the amount of mixture in the dosage range of the stabilizer.
Schell teaches the sizing agent are coated on the plurality of glass fiber by preparing 800 filament per strand of rope strand rope structure (page 9, 6th para).
The sizing composition and phosphate ester stabilizing agent is equated with the impregnating agent.
The sizing composition with a thermoplastic polymer is equated with the thermoplastic polymer composition that forms a sheath on the core multifilaments.
As to claim 9, Schell teaches the thermoplastic polymer can be a polyolefin.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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 nonobviousness.
Claims 4, 5 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Schell et al (CN 1143943).
As to claims 4 and 5, Schell teaches the amount of stabilizer which can be a phosphate ester can be used in the sizing composition in a dry weight basis 1-25wgt % (page 4, 2nd para) and the organic phosphite or the soluble inorganic phosphate can be used in amounts of 3-10wt% (page 6, 3rd para) which overlaps the claimed range.
As to claim 8, Schell teaches the polyolefin in the composition is 50-90wgt% (page 4, 2nd para).
Claims 6 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Schell et al (CN 1143943) in view of Furuta et al (US 5075376).
As to claims 6 and 10, Schell teaches the polymer in the composition is a thermoplastic resin such as propylene or acid-modified polyolefin or polypropylene with carboxylic acid groups (page 8). Schell differs and does not teach the melt flow index of the thermoplastic polymer and is not specific with regard to maleic acid carboxylic groups.
Furuta is directed to a thermoplastic resin composition that include a reinforcing glass fiber (col. 15, lines 18-23). Furuta teaches the resin composition includes a maleic modified polypropylene (col. 9, lines 20-45) with a melt flow index of 23 g/10 minutes (col. 21, lines 35-40).
Furuta teaches the propylene polymer has improved mechanical properties (col. 9, lines 20-22).
It would have been obvious to one of ordinary skill in the art before the effective filing date to employ a maleic modified polypropylene on a glass fiber reinforced composition with the claimed melt flow index motivated to produce glass fiber reinforced composition.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Schell et al (CN 1143943) in view of Biemond et al (US20160346959) and Soliman et al (US 20100313605).
As to claim 7, Schell teaches the polymer in the composition is a thermoplastic resin such as propylene or acid-modified polyolefin or polypropylene with carboxylic acid groups (page 8). Schell differs and does not teach the melt flow index of the thermoplastic polymer.
Biemond is directed to a method for treatment of pellets (1) comprising a thermoplastic polymer sheath (2) surrounding glass filaments (3), which glass filaments are covered at least in part with an impregnating agent and extend in a longitudinal direction of the pellets, the method comprising maintaining the pellets for a period of time at an elevated temperature. The method results in an improved impregnation of glass filaments in the pellets resulting in (a) lower amounts of glass separating from the pellets when such are subjected to repetitive mechanical loads and (b) less agglomerations of glass filaments in moulded products manufactured from the pellets.
Biemond teaches the glass filaments preferably contain at most 2 wt % of a sizing composition based on the total weight of the glass filaments [0046].
Biemond teaches the thermoplastic polymer sheath is preferably a polyolefin composition, such as compositions based on polypropylene or polyethylene. More preferably the thermoplastic polymer sheath material in the pellet according to the invention is a crystalline polypropylene, such as propylene homopolymer, a random copolymer, or a heterophasic copolymer of propylene and ethylene and/or another alpha-olefin [0047].
Biemond teaches the following the application of the impregnating agent a propylene homopolymer sheath of SABIC PP 579 S, having an MFI of 47 g/10 min (ISO 11330, 2.16 kg @ 230° C.) was provided around the continuous strand of glass filaments in such a manner that the propylene homopolymer intimately surrounded the continuous strand [0077].
Wherein 47 g/10 min is substantially the same as 50 MFI, Soliman teaches the MFI of polypropylene with reinforcing glass fibers can be 25-65 g/10min.
It would have been obvious to one of ordinary skill in the art before the effective filing date to employ a polypropylene with a MFR of 50-130 motivated to produce a glass multifilament with a thermoplastic sheath and matrix.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Schell et al (CN 1143943) in view of Kobayashi et al (US 20190275706).
As to claims 2 and 3, Schnell teaches a phosphate ester but is silent with regard to an aromatic phosphate ester nor any of the species in claim 3.
Kobayashi is directed to the present invention provides an assembly of molding materials, each of which is obtained by covering a carbon fiber bundle that contains an impregnation assistant with a thermoplastic resin. The assembly of molding materials, wherein the impregnation aid is one or more selected from the group consisting of a phosphate ester and an aliphatic hydroxycarboxylic acid-based polyester [0014].
Kobayashi teaches in order to stabilize a step of uniformly adhering an impregnation aid to a carbon fiber bundle in a case of making an easily impregnated carbon fiber bundle by soaking the carbon fiber bundle with the impregnation aid, the carbon fiber bundle is preferably treated with a sizing agent for providing convergence. Known sizing agents for producing carbon fiber filaments can be used as the sizing agent. The carbon fiber bundle can be used in the present invention without problems even when an oil agent used for improving the slidability during production remains. Hereinafter, in the sense of a superordinate concept including an impregnation aid and other surface treatment agents such as the above sizing agent, an expression of “surface treatment agent” may be used [0065].
The impregnation aid used in the present invention is preferably one or more selected from the group consisting of a phosphate ester and an aliphatic hydroxycarboxylic acid-based polyester, and, of course, may contain both a phosphate ester and an aliphatic hydroxycarboxylic acid-based polyester [0067].
Kobayashi teaches the phosphate ester can be a bisphenol A bis(diphenyl phosphate) [0136], [0156] and therefore an aromatic phosphate ester.
It would have been obvious to one of ordinary skill in the art before the effective filing date to employ an organic phosphate ester motivated to employ an impregnation aid to adhere to the fiber bundle and the polymer matrix.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Schell et al (CN 1143943) in view of Takei et al (JP H10119040).
As to claim 11, Schell teaches the amount of applied adhesive (equated with the sizing of thermoplastic polymer and impregnating agent) is 0.01-5 wgt% which would be 95-99.9% glass fibers and too great.
Takei is directed to a thermoplastic resin structure wherein there is a continuous fiber and a sheathed core structure and the 70-30% glass rovings as a continuous fibers and 30-70% of a maleic anhydride modified polypropylene resin as a sheath. The overall composition of the whole structure is 60-95wt.% of the thermoplastic resin and 40-5wt.% of the continuous fiber. Accordingly, the structure has enough flexibility and neither breakage nor crack develops in the structure (ABST).
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate a thermoplastic sheath with glass roving core of 40% motivated to produce a structure with flexibility and less breakage.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER A STEELE whose telephone number is (571)272-7115. The examiner can normally be reached 9-5:30.
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/JENNIFER A STEELE/ Primary Examiner, Art Unit 1789
