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 .
Election/Restrictions
Applicant’s election without traverse of Group II, claims 4-6 in the reply filed on November 25, 2025 is acknowledged.
Claims 1-3, 7 and 8 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Objections
Claim 6 is objected to because of the following informality: the phase “according to claims 4” should be changed to “according to claim 4”. Appropriate correction is required.
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.
Claims 4-6 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 4 recites the limitation "a fiber web which contains entangled thermoplastic synthetic fibers"" in line 16. It is unclear whether the “a fiber web” and “entangled thermoplastic synthetic fibers” refer back to “the fiber web” of line 6 and “the thermoplastic synthetic fibers” of lines 5-6, which appear not to have another antecedent basis.
Claim 4 recites the limitation "a cover layer" in line 17. It is unclear whether the “a cover layer” refers back to “the cover layer” of line 12, which appears not to have another antecedent basis.
Claim 4 recites the limitation "the non-heated sound absorbing layer" in lines 6-7. There is insufficient antecedent basis for this limitation in the claim.
Additionally, claims 5-6 are rejected through dependency on claim 4.
For the purposes of compact prosecution, the examiner will consider the later recitation from lines 15-17: “the sound-absorbing layer comprises: a fiber web which contains entangled thermoplastic synthetic fibers; and a cover layer which is a nonwoven fabric containing thermoplastic synthetic fibers” to be the basis for “the thermoplastic synthetic fibers”, “the fiber web” and “the cover layer” limitations earlier in claim 4.
Additionally, the examiner will consider “the sound-absorbing comprises:” from the recitation above from lines 15-17 to be the actual basis for the “non-heated sound absorbing layer “of lines 6-7
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) 4 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Inagaki (US 2014/0070562 A1).
Regarding Claim 4, Inagaki anticipates a method of manufacturing a vehicle interior or exterior member (Fig. 2A paragraphs [0013] [0017] automobile body undercover – 36; Fig 2A illustrates a manufacturing process of an automobile body undercover), comprising the steps of:
heating a base material layer (Fig. 2A paragraph [0047] heating platen press – 18, base material layer – 11), which is a fiber molded body containing a thermoplastic synthetic resin (Fig.2A paragraph [0043] base material layer includes a mixture of the fiber reinforcing material – 12 and the first thermoplastic synthetic resin – 13).
Inagaki further discloses bonding the thermoplastic synthetic resin in the base material layer with fiber reinforcing material (Fig. 2A paragraph [0048] stacked body – 10 is heated and pressurized in the heating platen press – 18, the first thermoplastic synthetic resin – 13 of the base material layer – 11 is melted to be entangled with the fiber reinforcing material – 12 for thermal fusion bonding) and a non-woven fabric which is considered to be a sound-absorbing layer (Fig. 2A abs, paragraphs [0006] [0017] nonwoven fabric layer – 15; nonwoven fabric is used on the outer surface thereof on the road surface side to achieve sound absorbing characteristics). This is considered a sound-absorbing layer that comprises:
a fiber web which contains entangled thermoplastic synthetic fibers (Fig. 4 paragraph [0017] bade material layer – 11 includes a fiber reinforcing material – 12 and a first thermoplastic synthetic resin – 13); and
a cover layer which is a nonwoven fabric containing thermoplastic synthetic fibers (Fig. 4 paragraph [0017] the nonwoven fabric layer – 15 includes a second thermoplastic synthetic fiber – 16 and a third thermoplastic synthetic fiber – 17) and is laminated on at least one side of the fiber web (Figs.2A 4 paragraphs [0013] [0017] nonwoven fabric layer – 15 is disposed on the side of a road surface – B during the heating and pressurizing process). See Fig. 4 below:
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Additionally, Inagaki further discloses a forming step by utilizing pressure and cooling, of forming the base material layer and the sound- absorbing layer by sandwiching the base material layer and the sound-absorbing layer between an upper forming die and a lower forming die (Figs. 2B, 2C paragraph [0054] stacked body – 10 is transported to the cold press – 24 where the stacked body – 10 is set between the upper die – 26 and the lower die – 28 of the cold press – 24), and
crimping the sound-absorbing layer with the base material layer by compressing and heat-crimping the base material layer, the fiber web, and the cover layer in the thickness direction to form a crimped portion (Figs. 2A, 2C paragraphs [0054] [0055] stacked body – 10 is compressed, pressurized, and crushed up to the final plate thickness, and is cooled; crimped excess is cut off), whereby the bonding step and the crimping step are configured to be performed together with the forming step, where paragraphs [0052]-[0054] is all part of the second process (paragraph [0052] involving bonding and crimping together (paragraph [0054]).
See Figs. 2B and 2C below:
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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) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inagaki (US 2014/0070562 A1) in view of Hayakawa (JP2020179570) IDS 02/13/2023 with machine translation.
Regarding Claim 5, Inagaki anticipates all the limitations of claim 4 but does not disclose that the upper and lower forming die having a concave and convex portion is larger than a thickness of the base material with the gap between the two portions which is smaller than the thickness of the base material layer in a closed position.
Hayakawa, in the same field of endeavor, discloses a method of forming a laminate foam structure used on vehicle interior surfaces (abs paragraph [0002]) whereby a flexible skin material is laminated onto a foam and then thermally compressed (paragraph [0005]). Hayakawa in its method uses
one of the upper forming die or the lower forming die (Fig. 4 paragraph [0034] laminate – 24 is placed between a compression molding die – 30 and a base – 28 with skin material – 14 facing the compression molding die – 30) has a concave portion and a convex portion (Figs 1, 2 paragraph [0017] where an uneven pattern is formed with concave portions – 11a and convex portions – 11b) with a base layer material and a sound absorbing layer (Fig. 4 paragraph [0017] foam – 12 and fiber surface sheet body – 16) whereby a gap between the upper forming die and the lower forming die at the concave portion is larger than a thickness of the base material layer and a gap between the upper forming die and the lower forming die at the convex portion is smaller than the thickness of the base material layer when the upper forming die and the lower forming die are in a closed position (Figs. 4(a), 4b) paragraphs [0006] [0034] where a thermoplastic colored resin layer – 20 is added that is melted to provide that the uneven pattern of concave and convex has a variety of colors; and this provides a thickness causing a gap that is smaller than the base layer material due to permeation of the colored resin layer (paragraph [0023] thickness of the colored resin layer – 20 not limited but determined according the thickness of the surface sheet – 16). See Fig. 4(a), (b) below:
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Hayakawa further discloses a portion of the sound-absorbing layer which remains in a fiber web state, where the thermoplastic synthetic fibers are entangled and have not been fully melted together, which is formed at the concave portion (paragraph [0021] fibers contain spirally crimped fibers to give them excellent stretchability in the fibrous sheet body which has penetration sections – 18 where the colored resin layer – 20 that is molten during thermal compression molding can penetrate); Hayakawa further indicates in Figs. 4(a) and (b) above that a crimped portion is formed at the convex portion).
But Hayakawa is silent as to the sound-absorbing portion (Figs 4(a) (b) laminate – 24 with skin material – 14, foam – 12 and fiber surface sheet body – 16) being restored to a thickness greater than that of the crimped portion due to the resilience of the fibers in the fiber web after the upper forming die and the lower forming die are no longer in the closed position.
However, this would be an inherent result from the properties of the fibers used in the fiber web where an important property is excellent stretchability (paragraph [0021]). MPEP § 2163.07(a).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to have modified the disclosure of Inagaki with the teachings of Hayakawa whereby a method of manufacturing a vehicle interior or exterior member with the steps of heating, bonding, forming and crimping are performed together to form a sound-absorbing layer having a base material layer, as in Inagaki, and would include that the upper and lower forming dies would have a concave and a convex portion providing a gap between the upper and lower dies at the convex portion that is smaller than the thickness of the base material layer in a closed position.
One with ordinary skill in the art would desire such qualities because this allows for greater penetration by additives (e.g. colored resin layer) and causes greater integration of all of the components of the laminate layers (paragraph [0037]).
Regarding Claim 6, Inagaki anticipates all the limitations of claim 4 but does not disclose that the method further comprises a second crimping step by a heat source other than heat from the heated base material layer.
Hayakawa discloses in its method that a separate step could be used whereby in a roll heat compression method, the laminate layers are continuously supplied to an embossing roll having surface convex portions to heat compress the base material layer (skin material – 14) thereby crimping the sound-absorbing layer Figs. 1-5 paragraph [0035] crushing the foam – 12 and forming an uneven pattern on the surface of the laminate – 24).
But Hayakawa does not explicitly disclose a second crimping (crushing step) in its method.
However, in general, the transposition of process steps or the splitting of one step into two, where the processes are substantially identical or equivalent in terms of function, manner and result, was held to be not patentably distinguish the processes. (Ex parte Rubin, 128 USPQ 440 (Bd. Pat. App. 1959).
One with ordinary skill in the art would consider this second step because this allows for greater penetration by additives (e.g. colored resin layer) and causes greater integration of all of the components of the laminate layers (paragraph [0037]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WAYNE K. SWIER whose telephone number is (571)272-4598. The examiner can normally be reached M-F generally 8:30 am - 5:30 pm PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abbas Rashid can be reached at 571-270-7457. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WAYNE K. SWIER/Examiner, Art Unit 1748
/Abbas Rashid/Supervisory Patent Examiner, Art Unit 1748