DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 7, 2025 has been entered.
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.
Claim(s) 1, 3-10, 12-13 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over RU-2551514 to Bero in view of US Pub No. 2011/0298152 to Sutter.
Regarding Claims 1, 3-4, 6-10, 12-13 and 15-16
Bero teaches a continuous-fiber meltblown nonwoven fabric comprising thermoplastic fibers having a diameter between 0.5 and 70 micrometers, which overlaps the claimed range of less than or equal to 20 microns (Bero, abstract, page 7, lines 20-48). Bero teaches that the fabric may be overlaid and melted to bond to reinforcement fibers such as carbon fibers (Id., claims 1-23). Bero teaches that the arrangement of the composite may include the nonwoven fabric as the outer layers on either side of the reinforcement fiber layer (Id.). Bero teaches that the composite may include a matrix resin such as epoxy resin (Id., page 12, lines 3-17). Bero teaches that the nonwoven may comprise a basis weight equal to or lower than 30 grams per square meter (Id., table 1, claim 16, part A: tape making).
Bero teaches that the thermoplastic fibers may be formed from phenoxy resin, but does not teach that the thermoplastic fibers possess the claimed weight and glass transition temperature. However, Sutter teaches a continuous-fiber (monofilament, multifilament) nonwoven fabric (fleece, felt, mat) comprising fibers containing an amorphous thermoplastic phenoxy resin as a main component, wherein the resin has a weight-average molecular weight in a range from 10,000 to 100,000 such as 52,000 and a glass transition temperature equal to or lower than 100 degrees Celsius such as 92 degrees Celsius (Sutter, abstract, paragraph [0018]-[0020], [0056]). Sutter teaches that the fibers may be melted and may fix the reinforcing fibers (Id.). Sutter teaches that the phenoxy fibers are especially compatible with glass or carbon reinforcement fibers and epoxy matrix resins and provide an improvement in adhesion of reinforcing fibers to matrix components and bending strength by 12% (Id., paragraph [0045]). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the composite fabric and to include as the thermoplastic fibers, the phenoxy resin fibers of Sutter, motivated by the desire to form a conventional melt-bonded composite having improved reinforcing fiber-matrix resin adhesion and bending strength.
Regarding Claim 5
Bero teaches that the nonwoven layers are permeable but does not teach specifically the ratio of permeability to basis weight (Id., figure 10, table 6). However, it should be noted that the ratio of permeability to basis weight is a result effective variable. As permeability relative to basis weight increases, the material exhibits greater degree of matrix resin infusion at the expense of stability and uniformity of the intermediate product. Absent unexpected results, it would have been obvious to one of ordinary skill in the art at the time the invention was made to optimize the permeability of the fabric for a given basis weight, since it has been held that where general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 105 USPQ 233 (CCPA 1955). In the present invention one would have been motivated to optimize the permeability/basis weight ratio in order to maximize strength and stability of the finished composite by balancing a stable layout and structure of reinforcing and meltable/melted fiber and matrix resin infiltration.
Response to Arguments
Applicant's arguments filed January 7, 2025 have been fully considered but they are not persuasive. Applicant argues that Bero in view of Sutter do not teach a continuous-fiber nonwoven fabric of any type having a basis weight equal to or lower than 100 grams per square meter. Examiner respectfully disagrees. As set forth above, Bero teaches that the non-woven may have a surface density (basis weight) of between 0.2 and 20 grams per square meter (Id., table 1, claim 16, part a: tape making).
Applicant argues one of ordinary skill in the art would not looked to Sutter in attempting to modify the Bero fibers. Examiner respectfully disagrees. As set forth above Bero teaches that the thermoplastic fibers may be formed from phenoxy resin, but does not teach the properties of the fiber. The fibers of Sutter are of the same type of material and utilized for a similar purpose. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the composite fabric and to include as the thermoplastic fibers, the phenoxy resin fibers of Sutter, motivated by the desire to form a conventional melt-bonded composite having improved reinforcing fiber-matrix resin adhesion and bending strength.
Conclusion
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/VINCENT TATESURE/Primary Examiner, Art Unit 1786