DETAILED ACTION
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.
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 .
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Interpretation
In claim 1, Applicant claims a glass composition for flat cross-section glass fiber. The Examiner interprets “for flat cross-section glass fiber”, as intended use of the glass composition.
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 2 is 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 2 claims a flat cross-section glass fiber comprising a plurality of cross-section glass filaments having a flat-cross sectional shape and claims the glass filaments are each formed from the glass composition for flat cross-section fiber according to claim 1. It is unclear to the examiner if the “flat cross-section glass fiber comprising the plurality of flat cross-section filaments” is required to have a flat shape or if Applicant is just referencing the shape of the flat cross-section filaments. Please clarify claim 2. The Examiner interprets the flat cross-section filaments as requiring a flat shape.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over McGinnis et al. (US 2008/0227615A1 – hereinafter McGinnis).
Regarding claim 1, McGinnis (abstract, Table 4, and [0004]) discloses an E-glass composition and producing glass fibers from E-glass compositions. McGinnis (Table 4) discloses a preferred compositional weight percentage of the glass and this composition is compared to the claimed glass composition in the table below.
Claimed % by wt
McGinnis % by wt
SiO2
50-60
52-54
Al2O3
9-18
12-14
B2O3
3-9
8-10
CaO
15-30
16-23
MgO
0.1-5
0-3
Fe2O3
0.01-1.0
0-0.8
TiO2
0.01-1
0-1.5
Na2O
0.1-2
0-2
K2O
0.1-2
0-2
The compositional ranges disclosed by McGinnis significantly overlap the claimed ranges. In regards to the ratio of K2O/Na2O in a range of 0.05 to 0.50, based on the disclosed ranges of K2O and Na2O, it is clear the significant overlap of the composition of McGinnis provides ratios of K2O/Na2O encompassing the claimed ratio.
Additionally, with regards to the claimed range of MgO/Fe2O3 of 4.10-10.0, the significant overlap of the composition of McGinnis provides for a ratio of MgO/Fe2O3 that encompassing the claimed ratio. Also, with regards to the claimed formula (1), the significant overlap of the composition of McGinnis provides for compositional values that will satisfy the claimed formula.
Regarding the preamble, Applicant claims the intended use of the glass composition, “for flat cross-section glass fiber”, the Examiner interprets the intended use as not further limiting the claimed glass composition.
Alternate rejection of claim 1
Claim(s) 1-2 is/are rejected under 35 U.S.C. 103 as being unpatentable over McGinnis et al. (US 2008/0227615A1 – hereinafter McGinnis) in view of Nonaka et al. (US 2014/0343211A1 – hereinafter Nonaka).
Regarding claim 1, McGinnis (abstract, Table 4, and [0004]) discloses an E-glass composition and producing glass fibers from E-glass compositions. McGinnis (Table 4) discloses a preferred compositional weight percentage of the glass and this composition is compared to the claimed glass composition in the table below.
Claimed % by wt
McGinnis % by wt
SiO2
50-60
52-54
Al2O3
9-18
12-14
B2O3
3-9
8-10
CaO
15-30
16-23
MgO
0.1-5
0-3
Fe2O3
0.01-1.0
0-0.8
TiO2
0.01-1
0-1.5
Na2O
0.1-2
0-2
K2O
0.1-2
0-2
The compositional ranges disclosed by McGinnis significantly overlap the claimed ranges. In regards to the ratio of K2O/Na2O in a range of 0.05 to 0.50, based on the disclosed ranges of K2O and Na2O, it is clear the significant overlap of the composition of McGinnis provides ratios of K2O/Na2O encompassing the claimed ratio.
Additionally, with regards to the claimed range of MgO/Fe2O3 of 4.10-10.0, the significant overlap of the composition of McGinnis provides for a ratio of MgO/Fe2O3 that encompassing the claimed ratio. Also, with regards to the claimed formula (1), the significant overlap of the composition of McGinnis provides for compositional values that will satisfy the claimed formula.
If the preamble is interpreted as limiting the glass composition. As discussed above, McGinnis discloses the glass composition is for forming glass fibers. McGinnis fails to disclose the glass fibers as flat cross-section glass fiber. However, Nonaka ([0060]-[0061]) teaches glass filaments having a flat cross-sectional shape comprising a minor axis and major axis where the fiber diameter can be increased or decreased. Nonaka ([0062]) teaches a minor axis ranges from 2.0 to 20 microns and a major axis ranges from 3 to 45 microns. Nonaka ([0107]) teaches fiber glass compositions such as E-glass and S-glass fiber). Both McGinnis and Nonaka teach E-glass compositions. Accordingly, it would be obvious to person having ordinary skill in the art, the E-glass composition of McGinnis for a glass fiber could have a cross sectional shape that is flat, since flat cross-sectional E-glass fibers are known in the prior art, as taught by Nonaka.
Regarding claim 2, as discussed in the rejection of claim 1 above, McGinnis in view of Nonaka provides for a flat cross-section glass filament (i.e. fiber) formed from the glass composition according to claim 1. As discussed in the rejection of claim 1 above, Nonaka discloses a flat cross-section glass filament and teaches the flat cross-section having a minor axis ranging from 2.0 to 20 microns and a major axis ranging from 3 to 45 microns. Therefore, with the teachings of ranges for a minor and major axis of a flat cross-section of a filament, it would be obvious to person having ordinary skill in the art, a glass filament with a flat cross-section having a major axis and a minor axis, and the minor axis provides for a flat cross-sectional shape with a major axis having a length in a predetermined range and a minor axis having a length in a predetermined range, as claimed.
McGinnis fails to disclose a flat cross-section glass fiber comprising a plurality of flat cross-section glass filaments. However, Nonaka ([0060]-[0061]) also teaches glass filaments bundled in a bundling shoe wound on a tube. Both McGinnis and Nonaka teach E-glass fiber compositions. Accordingly, based on the additional teachings by Nonaka, it would be obvious to person having ordinary skill in the art, the flat cross-section glass filaments of McGinnis in view of Nonaka could be bundled and wound onto a tube to provide for a plurality of flat cross section glass fibers formed from the glass composition of claim 1. Accordingly, McGinnis in view of all of the teachings of Nonaka discussed above, provides for a flat-cross section glass fiber comprising a plurality of flat cross-section filaments having the claimed major and minor axis.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over McGinnis et al. (US 2008/0227615A1 – hereinafter McGinnis) in view of Nonaka et al. (US 2014/0343211A1 – hereinafter Nonaka) and Cochard et al. (WO 2022/229569A1 – hereinafter Cochard).
For the Cochard reference the Examiner is referencing sections of the attached EPO Machine translation of WO2022/229569.
Regarding claim 3, McGinnis (abstract, Table 4, and [0004]) discloses an E-glass composition and producing glass fibers (i.e. filaments) from E-glass compositions. McGinnis (Table 4) discloses a preferred compositional weight percentage of the glass and this composition is compared to the claimed glass composition in the table below.
Claimed % by wt
McGinnis % by wt
SiO2
50-60
52-54
Al2O3
9-18
12-14
B2O3
3-9
8-10
CaO
15-30
16-23
MgO
0.1-5
0-3
Fe2O3
0.01-1.0
0-0.8
TiO2
0.01-1
0-1.5
Na2O
0.1-2
0-2
K2O
0.1-2
0-2
The compositional ranges disclosed by McGinnis significantly overlap the claimed ranges. In regards to the ratio of K2O/Na2O in a range of 0.05 to 0.50, based on the disclosed ranges of K2O and Na2O, it is clear the significant overlap of the composition of McGinnis provides ratios of K2O/Na2O encompassing the claimed ratio.
Additionally, with regards to the claimed range of MgO/Fe2O3 of 4.10-10.0, the significant overlap of the composition of McGinnis provides for a ratio of MgO/Fe2O3 that encompassing the claimed ratio. Also, with regards to the claimed formula (1), the significant overlap of the composition of McGinnis provides for compositional values that will satisfy the claimed formula.
While McGinnis discloses producing glass filaments from the claimed E-glass composition, McGinnis fails to disclose obtaining a flat cross-section glass filament. However, Nonaka ([0060]-[0061]) teaches glass filaments having a flat cross-sectional shape comprising a minor axis and major axis where the fiber diameter can be increased or decreased. Nonaka ([0062]) teaches a minor axis ranges from 2.0 to 20 microns and a major axis ranges from 3 to 45 microns. Nonaka ([0107]) teaches glass compositions such as E-glass and S-glass fiber). Both McGinnis and Nonaka teach fiber E-glass compositions. Accordingly, based on the additional teachings by Nonaka, it would be obvious to person having ordinary skill in the art, a method of producing fibers from the E-glass composition of McGinnis including obtaining the glass fiber having a cross sectional shape that is flat, since flat cross-sectional E-glass fibers are known in the prior art. Additionally, based on the disclosure by Nonaka of the major and minor axis, it would be obvious the step of obtaining in the method of McGinnis in view of Nonaka includes a flat-cross section glass fiber comprising a major axis having a length in a predetermined range and a minor axis having a length in a predetermined range, as claimed.
McGinnis ([0011]) discloses forming E-glass fibers/filaments by obtaining raw ingredients and mixing the components in appropriate quantities to give the desired weight percentages of the final composition. McGinnis fails to disclose using a glass raw material comprising recycling material. However, Cochard ([0002] and [0005]) discloses a method of manufacturing E-glass fibers comprising melting a mixture of raw materials that includes mixing recycled glass E glass cullet in the range of between 10 and 50% of the total weight of the melt bath. Both McGinnis and Cochard teach obtaining E-glass fibers from a melt. Therefore, based on the additional teachings by Cochard, it would be obvious to a person having ordinary skill in the art, in the modified method of McGinnis the method of obtaining using a glass raw material comprising a glass recycling material, such as the claimed recycled E-glass cullet.
McGinnis fails to disclose bunding a plurality of the flat cross-section glass filaments. However, Nonaka ([0060]-[0061]) also teaches glass filaments bundled in a bundling shoe wound on a tube. Both McGinnis and Nonaka teach E-glass fiber compositions. Accordingly, based on the additional teachings by Nonaka, it would be obvious to person having ordinary skill in the art, in the modified method of manufacturing flat cross-section glass filaments of McGinnis in view of Nonaka, the glass filaments could be bundled and wound onto a tube. Accordingly, the method of McGinnis in view of Nonaka and Cochard discussed above provides for the method claimed in claim 3.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Peters et al. (US 2012/0064788A1) Table 7 discloses an E-glass composition having SiO2, Al2O3, B2O3, CaO, MgO, Fe2O3, TiO2, Na2O, and K2O within the claimed range. The K2O/Na2O = 0.123 and the (CxMxT/NK)1/2 = 3.48, but fails to disclose the claimed MgO/Fe2O3 ratio (calculated as 0.74/0.36=2.05).
Li et al. (US 2012/0058878) Table 4 discloses an E-glass composition E-glass composition having SiO2, Al2O3, B2O3, CaO, MgO, Fe2O3, TiO2, Na2O, and K2O within the claimed range. The K2O/Na2O = 0.123 and the (CxMxT/NK)1/2 = 3.48, but fails to disclose the claimed MgO/Fe2O3 ratio (calculated as 0.74/0.36=2.05).
Tanaka et al. (US 2010/0093510A1 – hereinafter Tanaka) ([0060]) discloses it is known in the art for glass fibers to have sectional shapes that are flat.
For the WO2021/199497A1 document, the Examiner is referencing the English equivalent, US2022/0145021 hereinafter referenced as Nukui. Nukui ([0024]-[0025]) teaches glass filaments (i.e. fibers) having a flat cross-sectional shape and teaches the glass includes E-glass compositions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LISA HERRING whose telephone number is (571)270-1623. The examiner can normally be reached M-F: EST 8:15am-4:15pm.
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/LISA L HERRING/Primary Examiner, Art Unit 1741
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