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 § 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.
Claim 19 is 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. The claim recites, “at least one epoxy resin selected from the bisphenol type epoxy resins,” the addition of the word “type” extends the scope of the claims so as to render them indefinite since it is unclear what “type” is intended to convey. The addition of the word “type” to the otherwise definite expression renders the definite expression indefinite by extending its scope. Ex parte Copenhaver, 109 USPQ 118 (Bd. App. 1955).
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.
Claims 15-22, 27, and 28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by NGUYEN et al. (U.S. Publication No. 2015/0259580, hereinafter NGUYEN) as evidenced by NGUYEN (U.S. Publication No. 2010/0280151, hereinafter NGUYEN ‘151).
Regarding claims 15 and 16, NGUYEN teaches a fiber reinforced polymer composition comprising a plurality of reinforcing fibers (fiber bundle [0017]) and an adhesive composition, wherein the adhesive composition comprises at least a thermosetting resin (Abstract), a toughener/filler, and a interlayer toughener [0005]. The thermosetting resin include epoxy resins, epoxy novolac resins, ester resins, vinyl ester resins, phenolic resins, polyurethanes, and etc. [0023-0037]. The toughener/filler includes elastomers, branched polymers, hyperbranched polymers, rubbery polymers, oxides or inorganic materials such as clay, carbon black, core-shell particles, and etc. [0056] and the interlayer toughener include thermoplastics, elastomers, or combinations of an elastomer and a thermoplastic, or combinations of an elastomer and an inorganic such as glass, or pluralities of nanofibers or micronfibers [0057]. Examples of core-shell particles comprising an amine branched polymer as a shell grafted to a core polymer polymerized from polymerizable monomers containing unsaturated carbon-to-carbon bonds as evidenced by NGUYEN ‘151.
The adhesive composition may be directly applied to reinforcing fibers which include methods such as pultrusion molding [0079 and 0082]. The pultrusion molding is a method in which reinforcing fibers are continuously passed through an impregnating tank filled with a liquid thermosetting resin composition to impregnate them with the thermosetting resin composition [0082] which produces a fiber reinforced polymer composite.
The fiber reinforced polymer compositions can be cured by a one-step cure to a final cure temperature, or a multiple-step cure in which the fiber reinforced polymer composition is maintained at a certain temperature for a certain period of time [0075-0078].
Regarding claim 17, NGUYEN teaches the fiber reinforced polymer composition comprising core-shell particles [0056].
Regarding claims 18-22, NGUYEN teaches the present invention, see paragraph 6 above. More specifically, NGUYEN teaches the thermosetting resin include epoxy resins and phenols including bisphenol A epoxy resins, bisphenol F epoxy resins, bisphenol S epoxy resins, and etc. [0023-0025] (which reads on [a1]), curing agent (Abstract; [0005-0007, 0012, 0038-0041]), and curing accelerator [0052]. Examples of bisphenol A epoxy resins include jER 825 and 828 [0025] which are well-known to be liquid at room temperature (25oC). An example of curing agent include carboxylic acid anhydrides including methylhexahydrophthalic anhydride [0039] (which reads on an acid anhydride having an alicyclic structure and being liquid at room temperature (25oC). The curing accelerator includes imidazole and phosphorus [0052 and 0054]. The working Examples includes 3.5 parts (Example 8), 3 parts (Example 9), and 4 parts (Example 10) (Table 1).
Regarding claim 27, NGUYEN teaches the fiber reinforced polymer composition comprises core-shell rubber in the amount of 5 phr [0044].
Regarding claim 28, NGUYEN teaches the fiber reinforced polymer composition comprises the reinforcing fiber is a carbon fiber [0016-19].
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 non-obviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 23, 25, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over ISHIDA et al. (U.S. Publication No. 2017/0058087, herein ISHIDA) in view of NGUYEN et al. (U.S. Publication No. 2015/0259580, NGUYEN).
Regarding claims 23, 25, and 26, ISHIDA teaches a fiber-reinforced resin composite material which is obtained by pultrusion molding [0067] which includes an epoxy group-containing vinyl ester resin [0003], radical-based thermal polymerization initiator including organic peroxides [0053], and radical polymerizable diluent including a styrene monomer [0055]. The composite has excellent toughness [0003].
However, ISHIDA does not teach a toughness improving agent (component [B]).
In the same field of endeavor of a fiber-reinforced resin composition, NGUYEN teaches a toughener/filler which includes elastomers, branched polymers, hyperbranched polymers, rubbery polymers, oxides or inorganic materials such as clay, carbon black, core-shell particles, and etc. [0056] and the interlayer toughener include thermoplastics, elastomers, or combinations of an elastomer and a thermoplastic, or combinations of an elastomer and an inorganic such as glass, or pluralities of nanofibers or micronfibers [0057].
Given ISHIHDA teaches a fiber reinforced resin composite material having a toughness, it would have been obvious to a person of ordinary skill to have provided the toughener of NGUYEN with the composite of ISHIDA for the benefit of obtaining desired toughness for the fiber reinforced resin composite. It is well settled that it is prima facie obvious to combine two ingredients, each of which is targeted by the prior art to be useful for the same purpose. In re Linder 457 F,2d 506,509, 173 USPQ 356, 359 (CCPA 1972).
Allowable Subject Matter
Claim 24 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. NGUYEN and ISHIDA do not teach a ratio by mass between the vinyl ester resin [b1] and the reactive diluent [b2] of the vinyl ester resin composition is 40:60 to 60:40.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVE V HALL whose telephone number is (571)270-7738. The examiner can normally be reached M-F, 9 am-5 pm, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached at (571) 272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DEVE V. HALL
Primary Examiner
Art Unit 1763
/DEVE V HALL/Primary Examiner, Art Unit 1763
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