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 § 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) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haq et al. (US 2016/0284449) in view of Kergosien et al. (US 2011/0117174).
Regarding claims 1, 9 and 12, Haq discloses standalone part, i.e. adhesive based joint, (20, fig. 1, 0048) comprising a first substrate, i.e. first adherend, (22, fig 1, 0057), second substrate, i.e. second adherend, (24, fig 1, 0057) and an adhesive layer located between the adherends (10, fig 1, 0048, 0054), wherein the first and second adherends are made of composite material (0058), wherein plural strip parts such as metal 14B is embedded into the adhesive layer and spaced apart from each other the first and second adherends (14B, fig 1, 0048, 0052). Haq does not disclose the strips are a low adhesive material that has an adhesion with the adhesive layer lower than an adhesion between the first or second adherend and the adhesive layer.
Kergosien discloses adhesive article comprising adhesive (title) wherein the adhesive comprises equivalent and interchangeability of metal and PTFE particles to obtain relief effect properties (0164-0167).
Given that Kergosien discloses the equivalence and interchangeability of using PTFE particles as presently claimed with using metal particles as disclosed by Haq, it would have been obvious to one of ordinary skill in the art to use PTFE particles in the adhesive of Haq to obtain relief effect properties. Further, given that Haq in view of Kergosien discloses the same plural strip material and composite material as disclosed and claimed in the present specification and claims, it is clear that the PTFE strips of Haq in view of Kergosien would inherently have an adhesion with the adhesive layer lower than an adhesion between the first or second adherend and the adhesive layer.
Regarding claim 2, Haq in view of Kergosien discloses the adhesive based joint of claim 1 wherein the plural parts are located in a middle plane of the adhesive layer, wherein the middle plane extends parallel to the first and second adherends (fig. 1).
Regarding claims 3 and 4, Haq in view of Kergosien discloses the adhesive based joint of claim 1 wherein Haq discloses that mechanical properties are depended on shape and size of particles (0048). Therefore, it would have been obvious to one of ordinary skill in the art to keep the gap between strips and the size of the strips in the adhesive of Haq in view of Kergosien including that present claimed to obtain desired mechanical properties.
Regarding claim 5, Haq in view of Kergosien discloses the adhesive based joint of claim 4 wherein distance between two adherends is up to 100 microns (0060) and therefore it is clear that the thickness of the adhesive is up to 100 microns (fig. 1).
Regarding claims 6-8 and 11, Haq in view of Kergosien discloses the adhesive based joint of claim 1, wherein given that Haq in view of Kergosien discloses the same structure as claimed in present claims, including the same first and second adherend materials and the same PTFE strip materials, it is clear that the joint of Haq in view of Kergosien would intrinsically possess the same properties as claimed in in present claims.
Regarding claim 10, Haq in view of Kergosien discloses the adhesive based joint of claim 1, wherein the plural strip parts are distributed above and below a mid-plane of the adhesive layer (fig. 1). Given that present claim is not restricting the strips to be in other part of the adhesive, Haq in view of Kergosien meets the claimed limitation of alternatively distributed.
Response to Arguments
Applicant's arguments with respect to present claims have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMIR SHAH whose telephone number is (571)270-1143. The examiner can normally be reached 8:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Callie Shosho can be reached at 571-272-1123. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMIR SHAH/Primary Examiner, Art Unit 1787
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