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.
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Strauss (US 20150343738) in view of Pilpel et al (US 20150165731).
Strauss is directed to flexible ballistic resistant panel with internal fiber stitching can include a first plurality of ballistic sheets, a second plurality of ballistic sheets and a third plurality of ballistic sheets arranged in a stack. The panel can include waterproof sheets (ABST).
Strauss teaches the ballistic sheets can be woven or nonwoven materials and include aramid fibers [0081]. Straus teaches a first and second thermoplastic film can be bonded to the outer surfaces [0117] and each ballistic resistant sheet is individually constructed with a thermoplastic film [0127].
Strauss teaches woven aramid fabric as claimed.
Strauss teaches one or more thermoplastic films laminated onto the woven aramid fabrics.
Strauss shows the process in Fig. 1 which, as shown is a continuous process wherein the yarn creels 120 are fed from rolls along with a resin containing layer 160 of polyethylene or polypropylene [0116]. The fibers and resin film are passed through heated pinch rolls and wound onto a roll for each of storage or transport [0116]. Heated pinch rollers apply heat and would inherently apply pressure as the term “pinch” roll would apply some pressure and obvious with simultaneously heating and compressing.
While Fig. 1 shows yarns, as Strauss disclosed the aramid yarns can be in the form of woven fabric in [0081].
The process is a roll to roll process as shown in Fig. 1 to meet the claim limitation.
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Strauss teaches a process of bonding the thermoplastic films to the aramid layers together in a mold with heat and pressure via a vacuum bagging process. Strauss teaches consolidation of the sheet to adhere the sheets together in [0098]-[0107]. The temperature can range from 10-400°C. The pressure can range from 75-250psi which is 5 to 17 bar and overlaps the claimed range.
The term “consolidation” means sufficient adherence between the at least two layers of laminatable material 2 (e.g. ballistic resistant sheets) to allow production of a laminate 1. Typically, the at least two layers of laminatable material 2, once consolidated, will be substantially inseparable. The temperature 39 of the variable volume container 13 can be varied depending on a wide variety of lamination factors, such as, but not limited to: the composition, number, thickness, size, porosity, or other factors as to the at least two layers of laminatable material 2; or the vacuum pressure 23, atmospheric pressure 24, mold pressure, mold temperature, or other factors affecting the lamination process. The temperature 39 of the at least two layers of laminatable material 2, or the laminatable stack 8, can be in the range of about 10 degrees Celsius (“C.”) to about 400° C. depending on the above described factors [0098].
Regardless of the heat source, a wide variety of laminates 1 can be produced where the temperature is selected from the group including or consisting of: between about 10° C. and about 50° C., between about 25° C. and about 75° C., between about 50° C. and about 100° C., between about 75° C. and about 125° C., between about 100° C. and about 150° C., between about 125° C. and about 170° C., between about 150° C. and about 200° C., between about 175° C. and about 225° C., between about 200° C. and about 250° C [0099].
Straus teaches the pressure for forming the laminate mold pressure 47 utilized depends upon the lamination factors or the mold factors above described, the amount of mold pressure 47 exerted on the heated laminatable stack 8 within the evacuated variable volume container 13 to consolidate the at least two layers of laminatable material 2 (or mold the laminate 1) can be greater than 100 psi, greater than 500 psi, greater than 1,500 psi, greater than 3,000 psi, or can be in the range of about 3,000 psi to about 10,000 psi. In particular, as to those embodiments of the which use a press mold 43 at ambient temperature, the mold pressure 47 transferred to the laminatable stack 8 (or the laminate 1) can be sufficient to consolidate the heated laminatable stack 8 (or mold the laminate 1 without loss of the advantageous properties described herein) within the evacuated variable volume container 13, which can occur in a wide range of between about 15 psi and about 50,000 psi. In regard to certain methods, increased resistance of the laminate 1 to penetration or stab can be achieved with increased pressure of between about 75 psi and about 250 psi [0107].
Strauss differs and does not teach a continuous process for bonding the thermoplastic sheets and the woven aramid fibers as shown in Fig. 19A and 19B.
Pilpel is directed to a composite structure including a laminate integrally bonded to a substrate. The laminate includes a composite ply having a plurality of fibers in a thermoplastic matrix (ABST).
Pilpel teaches the composite structure comprises: a laminate comprising a composite ply, wherein the composite ply comprises a plurality of fibers in a thermoplastic matrix; and a substrate. The laminate is integrally bonded to the substrate [0006].
Pilpel teaches the apparatus comprises a preheat section configured to receive and heat the laminate and the substrate creating an integral bond between the laminate and the substrate to form a preheated laminate/substrate layup; an unwind section configured to deliver the laminate to the preheat section; and a double belted laminating press for receiving the preheated laminate/substrate layup. The double belted laminating press comprises a first belt and a second belt configured to pull the preheated laminate/substrate layup into the double belted laminating press; and a heating section configured to receive and further heat the laminate/substrate layup to produce a heated composite structure. The double belted laminating press further comprises pressure rollers configured to receive the heated composite structure; and a cooling section configured to receive the heated composite from the pressure rollers and remove heat from the structure [0007]-[0009].
Pilpel teaches the one or more afore-referenced plies of laminate 22 can be bonded to the substrate 24 using advantageous bonding techniques and multiple process variations. FIG. 4 illustrates a suitable apparatus for bonding the laminate 22 to the substrate 24. Specifically, FIG. 4 depicts an example of an apparatus 38, which can be used to manufacture composite structure 20, according to embodiments. In general and as further described in more detail below, the apparatus 38 for making the composite structure 20 comprises a preheat section 40 configured to receive and heat both the laminate 22 and the substrate 24 forming a bond between the laminate 22 and the substrate 24. The apparatus 38 also comprises an unwind section 42 configured to deliver the laminate 22 to the preheat section 40; and a double belted laminating press 46 for receiving the preheated laminate 22/substrate 24 layup. The double belted laminating press 46 comprises a first belt 48 and a second belt 50 configured to pull the preheated laminate 22/substrate 24 layup into the double belted laminating press 46; and a heating section 52 configured to receive and further heat the materials to produce a heated composite structure 54 [0040].
The substrate is thermoplastic typically PET [0041]. The rolls of 44 are composite plies (reinforced thermoplastic matrix) [0043].
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It would have been obvious to one of ordinary skill in the art before the effective filing date to produce a laminate material via the process of roll to roll with application of heat and pressure simultaneously on an aramid woven fabric and a thermoplastic film motivated to produce flexible ballistic resistant panel.
Claims 3 are rejected under 35 U.S.C. 103 as being unpatentable over Strauss (US 20150343738) in view of Pilpel et al (US 20150165731) and in further view of Wagner et al (US 20160312399).
As to claim 3, Strauss and Pilpel and does not teach the lamination time.
Wagner is directed to a composite fabric for body armor such as bullet resistant vests and ballistic resistant materials. Wagner teaches a mixture of low tenacity fibers and high tensile strength fibers [0031]. Wagner teaches the first, second and third fibrous plies can be bonded together with adhesive [0014]-[0019]. The fiber plies can be woven [0032]. The types of fibers in the plies can be aramid fibers [0036], [0040].
Wagner teaches use of binder materials such as polymeric material [0052]-[0053]. Wagner teaches the preferred method of bonding the fibrous layers is a polymeric or adhesive film [0064]. Wagner teaches addition of a polymeric film can be attached to the fibrous layers [0072].
Wagner teaches the composite fabrics are formed by methods of heat and pressure such as lamination are double belt or steel belt press to produce flexible body armor. Wagner teaches typical processes are low pressure and temperatures, pressures and times are dependent on the polymer binder coating material and binder content, process used and fiber type [0069].
Wagner teaches the laminating is typically done at temperatures of 95 to 175C which overlaps the claimed range of 100-250C. Wagner teaches the pressures range from 5 psig to 100 psig which is 0.3 bar to 172 bar and overlaps the claimed range of 5 to 50 bar [0067], [0072].
Wagner teaches the time is about 5 seconds to 36 hours, preferably 30 second to 24 hours which overlaps the claimed range of at least 30 seconds [0072].
It would have been obvious to one of ordinary skill in the art before the effective filing date to laminate the fibrous plies and films together at the claimed conditions motivated to produce a flexible body armor.
Response to Arguments
Applicant’s amendments and arguments, with respect to the 112(b) have been fully considered and are persuasive. The 35 USC 112(b) rejection and Objection to the specification for the term “direct continuous lamination” of 1-3 has been withdrawn as Applicant amended the claims.
Applicant’s arguments with respect to claim 1 are persuasive the 35 USC 103 rejection over Strauss is withdrawn. New rejection over Strauss in view of Wagner is presented as well as Strauss in view of Pilpel. While Wagner teaches the same process as claimed, Pilpel is more closely directed to an aramid fabric and a thermoplastic matrix material that are laminated with a belt conveyor under heat and pressure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Blake et al (WO 9112136)
Bhatnagar et al (US 20170297295)
Bhatnagar et al (US 20200354886)
Ardiff et al (US 20160281272)
Heerden et al (US 20070099526)
Adrain (US 20220390211)
Nakanishi et al (JP2009083506)
Miyamoto et al (WO 2005068857)
Merletti et al (US20240093972)
Merletti et al (US20240125580)
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 JENNIFER A STEELE whose telephone number is (571)272-7115. The examiner can normally be reached 9-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached at 571-270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER A STEELE/Primary Examiner, Art Unit 1789
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