DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
2. Claims 5 and 17 are objected to because of the following informalities:
As to Claims 5 and 17: The applicants are advised to replace the claimed “PBT” and “PMMA” with “polybutylene terephthalate (PBT)” and “polymethyl methacrylate (PMMA)”, respectively.
Appropriate corrections are 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.
3. Claims 1, 3, 5-10, 13, 15, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Roth et al. (WO 2006/071920; utilized US 2008/0098935 as its Equivalent) in view of Zhang et al. (US 2019/0263078).
It is noted that Roth et al. (WO 2006/071920) is used for date purposes only, and all paragraph numbers cited below refer to its Equivalent, namely US 2008/0098935.
As to Claims 1, 3, 5-6, 8-10, 13, 15, and 17-20: Roth et al. disclose a composite sheet prepared from a resinous matrix such as a thermoplastic resin (Paragraphs [0004] and [0021]), corresponding to the claimed thermoplastic composite sheet. This composite sheet taught by Roth et al. comprises a thickness, a width and a length (Paragraph [0133]) and is composed of a reinforcing layer comprising vitreous materials such as various hollow glass microspheres having a density of about 0.38 g/cc (Paragraphs [0002], [0045]-[0046], and [0139]-[0141]), which according to present claim 3 corresponds to the claimed lightweight material and encompassed by its claimed density of 0.1-1.0 g/cm3, and a resinous matrix including a thermoplastic resin (corresponding to the claimed polymer material matrix) that is distributed (disposed) throughout the reinforcing layer containing hollow glass microspheres (lightweight material) (Paragraphs [0020] and [0036]). Roth et al. also disclose that the thermoplastic resin may be selected from, among other things, polyolefins (Paragraph [0057]) as required by present claims 5-6 and 17-18. Roth et al. further disclose the addition of syntactic fibers, e.g., polyester fibers (corresponding to the claimed polymer fibers) that are configured to melt to enable the resin to be mixed with and dispersed throughout the reinforcing layer of the hollow glass microspheres (lightweight material) (Paragraphs [0050], [0059], and [0108]).
However, Roth et al. do not mention the claimed amounts of thermoplastic material and lightweight material with sufficient specificity to constitute anticipation within the meaning of 35 USC 102.
Nevertheless, Roth et al. do disclose employing hollow glass microspheres (lightweight material) in an amount of 2-90 volume percent (which overlaps with the claimed 1-50 weight percent of the lightweight material) and the thermoplastic material of the resinous matrix in an amount of 10-98 volume percent (which overlaps with the claimed 50-99 weight percent of the thermoplastic material) for the purposes of obtaining composite sheets with desired crush resistant and coefficient of linear thermal expansion properties (Paragraphs [0004], [0039], [0041], and [0048]).
Given the above teachings, it would have been obvious to one of ordinary skill in the art to employ optimum or workable amounts of the hollow glass microspheres (lightweight material) and the thermoplastic material of the resinous matrix, inclusive of those claimed, in the composite sheet, with a reasonable expectation of successfully obtaining composite sheets with advantageous crush resistant and coefficient of linear thermal expansion properties as suggested by Roth et al. See also MPEP section 2144.05 (The subject matter as a whole would have been obvious to one having ordinary skill in the art at the time the invention was made, since it has been held that choosing the over lapping portion, of the range taught in the prior art and the range claimed by the applicant, has been held to be a prima facie case of obviousness.).
Additionally, while, as mentioned above, Roth et al. disclose a resinous matrix including a thermoplastic resin (corresponding to the claimed polymer material matrix) that is distributed throughout the reinforcing layer containing hollow glass microspheres (lightweight material) (Paragraphs [0020] and [0036]), they do not specifically mention that their thermoplastic resin of the resinous matrix fully saturates the lightweight material as required by claims 1 and 13. They also do not specifically mention forming a thermoplastic material by applying a resin to the layer of lightweight material and passing through an oven and between a lower belt and an upper belt of a double belt press mechanism along with the lightweight material to disperse the resin through the layer of the lightweight material and thereby fully saturate the lightweight material and to polymerize the resin and form the thermoplastic material as required by the claims of the present application. Finally, they do not mention that the resin comprises monomers or oligomers including methyl methacrylate (MMA) that are polymerizable via the oven to form the polymer material matrix as required by claims 9-10 and 18-19.
Nevertheless, Zhang et al. disclose applying a resin comprising monomer or oligomer materials such as methyl methacrylate (MMA) monomer to multiple reinforcing layers of materials with each layer being fully saturated or impregnated with the thermoplastic polymer materials and passing through a curing oven and between a lower belt and an upper belt of a double belt compression press (press mechanism) to disperse the resin through the reinforcing layers and thereby fully saturate the reinforcing layers of materials, and polymerize the resin and form the thermoplastic resin materials used in composite products having better durability and desired strength (Paragraphs [0002]-[0003], [0015]-[0017], [0044], [0050]-[0057], [0080], and [0083], and see also claim 1 of Zhang et al.). Thus, it would have been obvious to one of ordinary skill in the art to fully saturate the reinforcing layer containing hollow glass microspheres (lightweight material) of Roth et al. with the thermoplastic resin of the resinous matrix by applying a resin comprising MMA monomers to the layer of lightweight material and passing through an oven and between a lower belt and an upper belt of a double belt press mechanism, and also polymerizing the resin containing the monomers as suggested by Zhang et al., with a reasonable expectation of successfully forming thermoplastic resin materials used in composite products having better durability and desired strength.
As to Claim 7: It recites that its thermoplastic composite sheet has a density of 1.0 gram per cubic centimeter or less. According to paragraph [0028] of applicants’ published application, i.e., US PG PUB 2023/0405877, the density of the thermoplastic composite sheets is significantly reduced by adding a lightweight material to the polymer material matrix. Specifically, Roth et al. teach adding hollow glass microspheres (lightweight material) having a density of about 0.38 g/cc in the claimed amount to obtain a thermoplastic composite sheet having desired crush resistant properties which is generally directly related to its density (Paragraphs [0002], [0039]-[0048], and [0139]-[0141]). Thus, it would have been obvious to one of ordinary skill in the art to add a particular amount of the hollow glass microspheres (lightweight material) having the claimed density for the purposes of obtaining thermoplastic composite sheet having desired density property, inclusive of that claimed as suggested by Roth et al. In any event, this claimed property would also naturally follow from the collective teachings of Roth et al. and Zhang et al. since they would have suggested the claimed thermoplastic composite sheet comprising the lightweight material having a density of between 0.1 and 1.0 g/cm3 as explained above. See MPEP section 2145, II (“The fact that appellant has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious”). See also MPEP section 2113.01 “Products of identical chemical composition cannot have mutually exclusive properties. A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present.”
4. Claims 4 and 16 rejected under 35 U.S.C. 103 as being unpatentable over Roth et al. (WO 2006/071920; utilized US 2008/0098935 as its Equivalent) in view of Zhang et al. (US 2019/0263078) as applied to claims 1, 3, 5-10, 13, 15, and 17-20 above, and further in view of Hintzer et al. (WO 2017/027700; utilized US 2019/0002678 as its Equivalent).
It is noted that Hintzer et al. (WO 2017/027700) is used for date purposes only and all paragraph numbers cited below refer to its Equivalent, namely US 2019/0002678.
The disclosures with respect to Roth et al. and Zhang et al. in paragraph 3 are incorporated here by reference. However, they do not specifically mention that their lightweight material includes a sizing composition having a coupling agent that promotes bonding between the polymer material and the lightweight material as required by claims 4 and 16.
Nevertheless, Hintzer et al. disclose the use of hollow glass microspheres (lightweight material) including a surface treatment (sizing composition) having a coupling agent to enhance interaction between the hollow glass microspheres (lightweight material) and a thermoplastic matrix (polymer material) (Paragraphs [0039]). Hintzer et al. also disclose that this treatment renders the hollow glass microspheres more wettable and promote the adhesion of materials to the hollow glass microspheres, and ultimately achieve desired mechanical properties due to good adhesion between the hollow glass microspheres and the thermoplastic matrix (Paragraphs [0041] and [0044]).
Given the above teachings, it would have been obvious to one of ordinary skill in the art to employ hollow glass microspheres (lightweight material) including the claimed sizing composition having a coupling agent that promotes bonding between the polymer material and the lightweight material taught by Hintzer et al. in the composite sheet suggested by Roth et al. and Zhang et al., with a reasonable expectation of successfully achieving desired mechanical properties due to good adhesion between the lightweight material and the polymer material.
Allowable Subject Matter
5. Claims 2, 11-12 and 14 are 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. For record purposes, it is further noted that the term “substantially” recited in present claims 2, 12 and 14 is defined at paragraph [0108] of applicants’ published application, i.e., US PG PUB 2023/0405877. Moreover, none of the references cited above individually or in combination teaches or would have suggested the claimed particular thermoplastic composite sheet substantially free of reinforcing fibers, comprising lightweight material that is dried to remove residual moisture from the light material and a moisture-free gas is blown onto one or more surfaces of the layer of lightweight material to substantially prevent exposure of the monomers or oligomers to ambient moisture in a surrounding environment during application of the resin, or comprising a resin comprising particular lactam monomers or oligomers that are polymerizable via the oven to form the polymer material matrix that is disposed throughout the layer of the lightweight material.
Correspondence
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANNAH J PAK whose telephone number is (571)-270-5456. The examiner can normally be reached 8-5 PM; M-F.
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/HANNAH J PAK/Primary Examiner, Art Unit 1764