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 .
Response to Arguments
Applicant amended claims 4, 5 and 6. Claims 1-3 and 7-8 are previously withdrawn. Claim 6 was amended to correct the informality that was the reason for the previous claim objection. This objection is withdrawn.
Claims 4-6 previously rejected under 35 U.S.C. § 112(b) have been amended and the examiner has withdrawn this previous rejection.
Independent claim 4 rejected under 35 U.S.C. § 102(a)(1) and (a)(2) over the reference Inagaki (US 2014/0070562 A1) is traversed by the applicant because the applicant believes that the features of:
the step of bonding the non-heated sound absorbing layer and heated base material layer; and
the fact that the sound -absorbing layer has a two-layer structure consisting of a fiber web and cover layer.
are not disclosed in Inagaki.
Applicant further argues that there is no disclosure from Inagaki regarding “laminated on one side of the fiber web.” and that claim 4 calls out the “non-heated sound-absorbing layer” In contrast, paragraph [0031] from Inagaki calls out a heated layer and thus the bonding step is not met by Inagaki. (Applicant arguments/remarks 05/13/2026 pp. 6-8).
The examiner counter argues that it appears that the sound-absorbing layer, from a broadest reasonable interpretation, has a two-layer structure consisting of a fiber web and a cover layer (Fig. 1, 4 paragraph [0017] where there is a base material layer – 11 which has a fiber reinforcing material – 12 and thermoplastic synthetic resin – 13) and
a cover layer which is a nonwoven fabric containing thermoplastic synthetic fibers (Fig. 4 paragraph [0017] nonwoven fabric layer – 15 with second and third thermoplastic synthetic fibers – 16, 17).
However, the examiner agrees with the applicant that there is no disclosure in Inagaki meeting the new claims limitations in amended claim 4 whereby a non-heated sound absorbing layer and a heated base material layer are in contact with each other, as part of the bonding step, by heat conduction from the base material layer, by laminating a non-heated sound absorbing layer and the heated base material layer together,
New grounds of rejection are provided as necessitated by these amendments.
As to claims 5-6 that are rejected under 35 U.S.C. § 103 over Inagaki (US 2014/0070562 A1) IDS 02/13/2023 in view of Hayakawa (JP2020179570 A1) with machine translation IDS 02/13/2023, the applicant traverses and argues that this is a non-valid combination because Inagaki relates to exterior components of an automobile body undercover whereas Hayakawa concerns the formation of surface uneven patterns and coloring of interior components such as vehicle seats. Therefore, the technical fields of these two disclosures are different and there is no reasonable motivation for a person skilled in the art to refer to Hayakawa for improving the nonwoven layer of Inagaki. This is because the colored resin layer in Hayakawa is intended to provide aesthetic effect which is fundamentally different from the technical problem of the sound absorption performance. Moreover, Hayakawa presupposes the formation of uneven patterns by thermocompression of a foam material and applying this technique to Inagaki would not be consistent with the configuration and function of Inagaki. (Applicant argument/remarks 05/13/2025 pp.9-10).
The examiner counter-argues that in response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, one with ordinary skill in the art would be motivated to combine the references because the technical fields are both related to vehicle interiors since the claim 4 preamble recites that it is a method of manufacturing a vehicle interior as a viable alternative to a vehicle exterior and, therefore, the examiner maintains that this would be in the same field of endeavor. Moreover, it would be obvious for the one with ordinary skill in the art to be motivated to combine Hayakawa with Inagaki because Hayakawa teaches that upper and lower forming dies having a concave and a convex portion providing a gap between and having a convex portion that is smaller than the thickness of the base material layer in a closed position thus allowing for greater penetration by additive and greater integration of all components of the laminate layer. See discussion below regarding the claim 5 rejection.
Claim Objections
Claim 4 objected to because of the following informalities: the last phrase of the third paragraph recites "by laminating a non-heated sound absorbing layer". Since there Note underlined term. Appropriate correction is required.
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inagaki (US 2014/0070562 A1), of record, in view of Konishi (JP2016121427A) with machine translation.
Regarding Claim 4, Inagaki discloses 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). Under broadest reasonable interpretation, this is considered a sound-absorbing layer that comprises:
a fiber web which contains entangled thermoplastic synthetic fibers (Fig. 4 paragraph [0017] base 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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However, while Inagaki discloses a step of binding the thermoplastic synthetic resin in the base material layer and the thermoplastic fibers in a fiber web on the surface where a non-heated sound absorbing layer and the heated base material layer are in contact with each other,
Inagaki does not disclose that within the bonding step the non-heated sound absorbing layer and heated base material are bonded by heat conduction from the base material layer, by laminating the non-heated sound absorbing layer and the heated base material layer together.
In an analogous art, Konishi teaches a method of manufacture of a nonwoven fabric used in wipes and absorbent applications (paragraph [0002]). This invention relates to a bulky type of nonwoven fabric that contains thermally expandable particles which are less likely to fall off, having improved strength (paragraph [0005]).
Konishi further teaches as a step in the method that a heated base material is in contact with an absorbent layer, which is analogous to a sound absorbing layer, such that the heat conduction from the base material layer (the nonwoven fiber sheet}, is laminated to the non-heated sound absorbing layer (paragraphs [0007] [0008]. As a first step in the process of manufacturing the nonwoven fabric, a nonwoven fiber sheet having a first surface and a second surface opposite to the first surface is formed, where the nonwoven fiber sheet contains expanded thermal expandable particles and fibers including a bulky nonwoven fiber layer that constitutes a first surface. The second following step is the heating of the at least first surface of the nonwoven fiber sheet with a hot roll or a hot embossing roll to melt the thermal expandable particle located in the surface layer portion on the first surface side of the nonwoven fiber sheet). The result is the lamination of the bulky nonwoven fiber layer with thermally expandable particles and a fiber layer (non-bulky nonwoven fiber layer) that does not contain thermally expandable particles (paragraph [0032] last paragraph)
Moreover, the thermally expandable particles can be made of a shell made of thermoplastic resin and having a fibrous web material in the base material (paragraphs [0013] [0014]).
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 Konishi whereby a method of manufacturing a vehicle interior or exterior member having steps of heating a base material layer, which is a fiber molded body having a thermoplastic synthetic resin, as disclosed by Inagaki, would be further bonded to a non-heated sound absorbing layer by heat conduction from the heated base material layer, by laminating a non-heated sound absorbing layer and the heated base material layer together, as taught by Konishi.
The skilled artisan would be motivated to use this method of heat conduction from a heated layer to a non-heated absorbent layer because the molten particles and fibers on the one side are prevented from falling out of the nonwoven base material layer by the melting from the heat and also provides a reinforcing coating that improves the strength of the surface layer of the nonwoven fiber sheet. (paragraph [0007]).
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Inagaki (US 2014/0070562 A1) and Konishi (JP2016121427A) with machine translation as applied to claim 4 above, and further in view of Hayakawa (JP2020179570 A) with machine translation.
Regarding Claim 5, the combination of Inagaki and Konishi disclose 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 the 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/Konishi 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, the combination of Inagaki and Konishi disclose 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
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 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 /JACOB T MINSKEY/Primary Examiner, Art Unit 1748
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