DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/25/2026 has been entered.
Applicants' arguments have been fully considered. Rejections and/or objections not reiterated from previous office actions are hereby withdrawn due to Applicant's amendments and/or arguments. The following rejections and/or objections are either reiterated or newly applied.
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.
Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over
Stoppelman (US 2015/0175803) in view of Lee (US 2020/0208031).
Re claims 1 and 5, Stopplemann discloses molding composition comprising (A) 20-88% of a mixture comprising (A1) 60-100% thermoplastics and (A2) 0-40% of a mixture comprising (A2-1) 5-40% of thermoplastic other than (A1), (B) 10-70% fibrous adjuvants, (C) 0.1-10 wt.% LDS additive, and (D) 0.1-20 wt.% white pigment (0011-0022, 0034). Polymer (A1) comprises (A1-1) 50-95 wt.% aliphatic polyamide and (A1-2) 5-50 wt.% partially aromatic polyamide (0024-0032). Polymer (A2-1) includes polyetheresteramide (0033). The fibrous adjuvant (B) includes glass fibers (0105). The LDS additive includes talc (0127). Based on the disclosed amounts, it is calculated there is present 10-84 wt% aliphatic polyamide (0.20*50 - 0.88*95), 1-44 wt.% aromatic polyamide (0.20*5 – 0.88*50), and 0-16 wt.% polyetheresteramide (0-0.4*40) which overlaps the amount presently claimed. The ratio of polyetheresteramide to talc is 0-160 (0/10 – 16/0.1) which overlaps the ratio claimed. The ratio of glass fiber to polyetheresteramide is 0.25-14 (10/40-70/5) which overlaps the ratio claimed. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In reWertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In reWoodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP 2144.05.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have selected from the overlapping portion of the range taught by the reference because overlapping ranges have been held to establish prima facie obviousness. MPEP 2144.05.
While Stopplemann discloses polyetheresteramide, Stopplemann does not disclose the specific polyetheresteramide claimed.
Lee discloses a polyamide resin composition comprising aromatic polyamide, aliphatic polyamide, inorganic filler, and polyetheresteramide block copolymer (0025). The polyetheresteramide block copolymer is made from amino carboxylic acid, lactam, and/or diamine-dicarboxylic acid salt, polyalkylene glycol such as polytetramethylene glycol, and C4-C20 dicarboxylic acid (0055-0062). The polyetheresteramide block copolymer improves anti-contamination (antifouling) properties and/or adhesion of the polyamide resin composition with respect to other materials (0055).
In light of the motivation for using polyetheresteramide block copolymer disclosed by Lee as set forth above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to use the polyetheresteramide block copolymer as the polyetheresteramide in Stopplemann in order to produce a composition with improved anti-contamination (antifouling) properties and/or adhesion of the polyamide resin composition with respect to other materials.
Re claim 2, the aromatic polyamide is made from aromatic dicarboxylic acid and aromatic diamine (0078-0079).
Re claim 3, the aliphatic polyamide includes polyamide 11, polyamide 12, etc. (0082).
Re claim 4, the glass fiber has an elliptical or rectangular cross section, aspect ratio of 2.5 to 5, and diameter (short-side length) of 8-20 microns (0114).
Re claims 7-11, given that Stoppelman in view of Lee discloses composition as claimed with amounts that overlap that presently claimed, within the overlapping ranges, the composition would inherently have bonding strength, notched Izod impact strength, heat deflection temperature, and flexural modulus as claimed as well as inherently prevent a bonding agent from remining on a specimen.
Re claim 12, Stoppelman discloses a molded article including a housing for electronics (0134).
Re claim 13, while Stopplemann discloses a molded article including a housing for electronics made from the polyamide composition, there is no disclosure of the housing having a glass frame adjoined to the composition.
Lee discloses a polyamide resin composition comprising aromatic polyamide, aliphatic polyamide, inorganic filler, and polyetheresteramide block copolymer (0025). Lee also discloses an article that is an electronic device housing, wherein the electronic device housing includes a glass frame and the plastic member formed of the polyamide resin composition that adjoins at least one surface of the glass frame (0022).
In light of the above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to use the polyamide composition of Stopplemann as the plastic member in a housing for electronics that has a glass frame and thereby arrive at the present invention. The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See also In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).”
In view of the forgoing, the above claims have failed to be patently distinguishable over prior art.
Response to Applicant’s Arguments
Applicant’s arguments are moot in view of the new grounds of rejection above. See Office Action.
References of Interest
The remaining references listed on form(s) 892 and/or 1449 have been reviewed by the examiner and are considered to be cumulative to or less material than the prior art references relied upon in the rejection above.
US 20140155540 to Imani teaches a similar composition as well but not the exact composition.
Conclusion
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TAMRA L. DICUS
Primary Examiner
Art Unit 1787
/TAMRA L. DICUS/Primary Examiner, Art Unit 1787
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