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 .
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.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 102(a1)/(a2) as being anticipated by Bartel USPA_20220024180_A1.
1. Regarding Claims 1, 3-10, and 12-15, Bartel discloses a composite (Claim 1) for construction panels (paragraph 0014) in walls (paragraph 0102) as well as a method thereof (paragraphs 0015, 0016) comprising a layer of glass fibers (paragraph 0034) oriented in a machine direction (Table 4) that is in a polymer matrix (paragraph 0124; Claim 1), such as ABS or polyolefins (paragraph 0068); wherein said fibers can be in an amount of 40 wt% (Claim 9) and said polymer matrix can be in an amount ranging from 35 to 90 wt% (Table 1). Bartel discloses that said fiber can have a length ranging from 0.3 to 20 mm and an aspect ratio of about 100 to 1500 (paragraph 0047). Bartel states that said composite can have multiple layers, each one of which can be less than 1 mm (paragraph 0083); thus, when there is a multi-layer arrangement, it will teach the thickness limitations of claim 5. Bartel discloses having a polymer density of greater than 0.5 g/cm3 (paragraphs 0043, 0067). Given that Bartel discloses the structural, compositional, and process limitations being claimed, it would therefore be expected for it to inherently possess the same physical properties such as entanglement with fibers oriented at least 10 degrees off the machine direction, coefficient of thermal expansion, water absorption, hail resistance, passing Hard Nailing Test, flexural modulus, and resistance to negative windloads. “‘Products of identical chemical composition cannot have mutually exclusive properties.’ A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).” See MPEP 2112.01.
2. Regarding Claims 2 and 11, Bartel discloses using a density modifier up to 20% (paragraph 0043).
Conclusion
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/TAHSEEN KHAN/Primary Examiner, Art Unit 1781 June 22, 2026
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