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) 1-3, 5 and 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over by KR-20170122382 to Han in view of USPN. 9,829,146 to Han, hereinafter referred to as Han-146.
Regarding Claims 1-3, 5 and 9-11
Han teaches a headliner for an automobile comprising a base layer, a hot melt layer laminated on the base layer and a vacuum insulator layer laminated on the hot melt layer (Han, abstract, fig. 1-5). Han teaches that the base layer comprises a nonwoven layer, reinforcing layer, multilayer polyurethane, second reinforcing layer and second nonwoven layer, laminated in that order (Id., detailed description, fig. 2). Han teaches that the vacuum insulator layer includes a core material pat formed by laminating a plurality of thin glass fiber sheets horizontally arranged and an outer covering material part for vacuum packing the core material part (Id., fig. 3). Han teaches that the glass fiber length is between 1000 and 1500 micrometers (Id., description, experiment and evaluation of insulation performance). Han teaches the glass fiber may be flame-processed and formed from a wet manufacturing method (Id.). Han teaches that the vacuum insulator layer has a thickness of 3 mm or less (Id.). Han teaches the vacuum insulator layer may further comprise silica powder (Id.).
Han does not teach that the fiber diameters are between 10 and 13 micrometers. However, Han-146 teaches a method of manufacturing vacuum insulation using glass fibers comprising a core layer formed by laminating a plurality of thin glass fiber sheets in which glass fibers are horizontally arranged (Han-146, abstract, column 1, lines 12-23). Han-146 teaches that the diameter of the fibers is greater than 7 micrometers which overlaps the claimed range of between 10 and 13 micrometers (Id., column 4, lines 1-8). Han-146 teaches that utilizing these glass fibers results in improved insulating effect and performance, decreased cost of production, weight and pollution and without being a danger to respiratory organs. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the composite of Han and to include within the vacuum insulation layer, the glass fiber sheets of Han-146 motivated by the desire to form a conventional insulation layer having improved performance and decreased costs and hazards.
The prior art combination does not specify the weight per unit area of the glass fibers in each of the glass fiber sheets. However, it should be noted that weight per unit area is a result effective variable. As weight per unit area of glass fibers increases, the material exhibits increased strength at the expense of porosity, cost and weight. 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 weight per unit area of glass fibers 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 weight per unit area in order to provide a balance between weight, cost, strength and insulative properties.
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 VINCENT A TATESURE whose telephone number is (571)272-5198. The examiner can normally be reached Monday-Friday 7:30AM-4PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Chriss can be reached at 5712727783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/VINCENT TATESURE/Primary Examiner, Art Unit 1786
Prosecution Insights