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 .
Applicant’s amendment and accompanying remarks filed September 30, 2025 are acknowledged.
Examiner acknowledges newly added claim 10.
The rejection of claims 1-9 under 35 U.S.C 103 as being unpatentable over Kobayashi et al., WI2020/003662, as evidenced by Toray T700S, Carbon Fiber Data Sheet is withdrawn due to Applicant’s argument.
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 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi et al., WO2020/003662 in view of Kobayashi et al., U.S. Pre Grant Publication 2016/0122528, as evidenced by Toray T700S, Carbon Fiber Data Sheet.
Regarding claims 1-2, Kobayashi ‘662 discloses a prepreg comprising a first layer composed of carbon fibers [A], a first epoxy resin composition comprising an epoxy resin [B] and a curing agent [C] and a second layer comprising an epoxy resin composition comprising a second epoxy resin [B}, a curing agent [C] and thermoplastic resin particles [D] [see paragraph 0020-0021]. Paragraph 0032 discloses that the carbon fiber can include Torayca T-700SC- 24000. Toray T700S, Carbon fiber Data Sheet provides evidence of a carbon fiber diameter of 7 µm. Paragraph 0033 discloses that component [B] is an epoxy resin having two or more glycidyl groups in a molecule and can include N,N-diglycidyl aniline [bifunctional amine type epoxy resin].
Kobayashi ‘662 is silent to the content of bifunctional amine type epoxy resin being 15 parts by mass or more and less than 40 parts by mass based on the total amount of epoxy resin component [B]. Kobayashi ‘528 discloses a prepreg [abstract and 0001] including an epoxy resin composition including epoxy resin; polyamide [thermoplastic particle]; and a curing agent [0019]. Paragraph 0026 of Kobayashi ‘528 discloses that the epoxy resin can include difunctional amine type epoxy resin N,N-diglycidyl aniline. Paragraph 0028 discloses that the difunctional amine type epoxy resin accounts for 15 to 40 mass % of the total epoxy resin because the balance of viscosity, heat resistance and mechanical characteristics are improved. Kobayashi ‘662 and Kobayashi’528 are analogous art in that both references disclose prepregs including a bifunctional amine type epoxy resin, thermoplastic particles and a curing agent. One of ordinary skill in the art before the effective filing date of the invention would optimize the bifunctional amine type epoxy resin of Kobayashi ‘662 to 15 to 40 mass% of the total epoxy resin for the benefit of obtaining an epoxy resin composition having enhanced balance of viscosity, heat resistance and mechanical characteristics as disclosed by Kobayashi ‘529.
Regarding claim 3, paragraph 0106 of Kobayashi ‘662 discloses a first epoxy resin having a viscosity at 25 °C in the range of 1.0 X 10³ to 1.0 X 10⁵ Pa S to ensure good drapability. Applicant's claim 3 recites minimum viscosity which is the lower range acceptable for the viscosity of the first resin and can include a range greater than 1.0 Pa S.
Regarding claim 4, the combination of Kobayashi ‘662 and Kobayashi ‘528 teaches the claimed invention but fails to teach a storage modulus G’ of the second resin composition measured at 20 ºC and 77 rad/s is 2.0 X 10 7 Pa or more. It is reasonable to presume that the storage modulus G’ of the second resin composition measured at 20 ºC and 77 rad/s is 2.0 X 10 7 Pa or more is inherent to the combination of Kobayashi ‘662 and Kobayashi ‘528. Said presumption is based up the disclosure of Kobayashi ‘662 disclosing a prepreg comprising a first layer composed of carbon fibers [A], a first epoxy resin composition comprising an epoxy resin [B] and a curing agent [C] and a second layer comprising an epoxy resin composition comprising a second epoxy resin [B}, a curing agent [C] and thermoplastic resin particles [D] [see paragraph 0020-0021]. Paragraph 0032 discloses that the carbon fiber can include Torayca T-700SC- 24000. Toray T700S, Carbon fiber Data Sheet provides evidence of a carbon fiber diameter of 7 µm. Paragraph 0033 discloses that component [B] is an epoxy resin having two or more glycidyl groups in a molecule and can include N,N-diglycidyl aniline [bifunctional amine type epoxy resin].
Kobayashi ‘662 is silent to the content of bifunctional amine type epoxy resin being 15 parts by mass or more and less than 40 parts by mass based on the total amount of epoxy resin component [B]. Kobayashi ‘528 discloses a prepreg [abstract and 0001] including an epoxy resin composition including epoxy resin; polyamide [thermoplastic particle]; and a curing agent [0019]. Paragraph 0026 of Kobayashi ‘528 discloses that the epoxy resin can include difunctional amine type epoxy resin N,N-diglycidyl aniline. Paragraph 0028 discloses that the difunctional amine type epoxy resin accounts for 15 to 40 mass % of the total epoxy resin because the balance of viscosity, heat resistance and mechanical characteristics are improved. Kobayashi ‘662 and Kobayashi’528 are analogous art in that both references disclose prepregs including a bifunctional amine type epoxy resin, thermoplastic particles and a curing agent. One of ordinary skill in the art before the effective filing date of the invention would optimize the bifunctional amine type epoxy resin of Kobayashi ‘662 to 15 to 40 mass% of the total epoxy resin for the benefit of obtaining an epoxy resin composition having enhanced balance of viscosity, heat resistance and mechanical characteristics as disclosed by Kobayashi ‘529. Burden is upon Applicant to prove otherwise. Fitzgerald, In re, 619 F.2d 67, 205 USPQ 594 (CCPA 1980).
Regarding claim 5, Example 3 in Table 3 of Kobayashi ‘662 discloses a deflection angle of 15 °. The manner in which the deflection angle is determined is a process limitation presented within a product claim. See also paragraph 0144.
Regarding claim 6, the combination of Kobayashi ‘662 and Kobayashi ‘528 teaches the claimed invention but fails to teach wherein a coefficient of variation of an average distance between carbon fibers in the first layer of a carbon fiber reinforced composite material (CFRP) obtained by curing the prepreg is 16% or more and less than 50%. It is reasonable to presume that a coefficient of variation of an average distance between carbon fibers in the first layer of a carbon fiber reinforced composite material (CFRP) obtained by curing the prepreg is 16% or more and less than 50% is inherent to the combination of Kobayashi ‘662 and Kobayashi ‘528. Said presumption is based up the disclosure of Kobayashi ‘662 disclosing a prepreg comprising a first layer composed of carbon fibers [A], a first epoxy resin composition comprising an epoxy resin [B] and a curing agent [C] and a second layer comprising an epoxy resin composition comprising a second epoxy resin [B}, a curing agent [C] and thermoplastic resin particles [D] [see paragraph 0020-0021]. Paragraph 0032 discloses that the carbon fiber can include Torayca T-700SC- 24000. Toray T700S, Carbon fiber Data Sheet provides evidence of a carbon fiber diameter of 7 µm. Paragraph 0033 discloses that component [B] is an epoxy resin having two or more glycidyl groups in a molecule and can include N,N-diglycidyl aniline [bifunctional amine type epoxy resin].
Kobayashi ‘662 is silent to the content of bifunctional amine type epoxy resin being 15 parts by mass or more and less than 40 parts by mass based on the total amount of epoxy resin component [B]. Kobayashi ‘528 discloses a prepreg [abstract and 0001] including an epoxy resin composition including epoxy resin; polyamide [thermoplastic particle]; and a curing agent [0019]. Paragraph 0026 of Kobayashi ‘528 discloses that the epoxy resin can include difunctional amine type epoxy resin N,N-diglycidyl aniline. Paragraph 0028 discloses that the difunctional amine type epoxy resin accounts for 15 to 40 mass % of the total epoxy resin because the balance of viscosity, heat resistance and mechanical characteristics are improved. Kobayashi ‘662 and Kobayashi’528 are analogous art in that both references disclose prepregs including a bifunctional amine type epoxy resin, thermoplastic particles and a curing agent. One of ordinary skill in the art before the effective filing date of the invention would optimize the bifunctional amine type epoxy resin of Kobayashi ‘662 to 15 to 40 mass% of the total epoxy resin for the benefit of obtaining an epoxy resin composition having enhanced balance of viscosity, heat resistance and mechanical characteristics as disclosed by Kobayashi ‘529. Burden is upon Applicant to prove otherwise. Fitzgerald, In re, 619 F.2d 67, 205 USPQ 594 (CCPA 1980).
Regarding claim 7, the combination of Kobayashi ‘662 and Kobayashi ‘528 teaches the claimed invention but fails to teach wherein a glass transition temperature of a cured resin obtained by only blending the components [B] and [C], among components constituting the first resin composition and the second resin composition, to prepare a resin composition for measuring a glass transition temperature, and curing the epoxy resin composition for measuring a glass transition temperature at a temperature of 180°C for 2 hours is 180°C or higher. It is reasonable to presume that a glass transition temperature of a cured resin obtained by only blending the components [B] and [C], among components constituting the first resin composition and the second resin composition, to prepare a resin composition for measuring a glass transition temperature, and curing the epoxy resin composition for measuring a glass transition temperature at a temperature of 180°C for 2 hours is 180°C or higher is inherent to the composition. Said presumption is based up the disclosure of Kobayashi ‘662 disclosing a prepreg comprising a first layer composed of carbon fibers [A], a first epoxy resin composition comprising an epoxy resin [B] and a curing agent [C] and a second layer comprising an epoxy resin composition comprising a second epoxy resin [B}, a curing agent [C] and thermoplastic resin particles [D] [see paragraph 0020-0021]. Paragraph 0032 discloses that the carbon fiber can include Torayca T-700SC- 24000. Toray T700S, Carbon fiber Data Sheet provides evidence of a carbon fiber diameter of 7 µm. Paragraph 0033 discloses that component [B] is an epoxy resin having two or more glycidyl groups in a molecule and can include N,N-diglycidyl aniline [bifunctional amine type epoxy resin].
Kobayashi ‘662 is silent to the content of bifunctional amine type epoxy resin being 15 parts by mass or more and less than 40 parts by mass based on the total amount of epoxy resin component [B]. Kobayashi ‘528 discloses a prepreg [abstract and 0001] including an epoxy resin composition including epoxy resin; polyamide [thermoplastic particle]; and a curing agent [0019]. Paragraph 0026 of Kobayashi ‘528 discloses that the epoxy resin can include difunctional amine type epoxy resin N,N-diglycidyl aniline. Paragraph 0028 discloses that the difunctional amine type epoxy resin accounts for 15 to 40 mass % of the total epoxy resin because the balance of viscosity, heat resistance and mechanical characteristics are improved. Kobayashi ‘662 and Kobayashi’528 are analogous art in that both references disclose prepregs including a bifunctional amine type epoxy resin, thermoplastic particles and a curing agent. One of ordinary skill in the art before the effective filing date of the invention would optimize the bifunctional amine type epoxy resin of Kobayashi ‘662 to 15 to 40 mass% of the total epoxy resin for the benefit of obtaining an epoxy resin composition having enhanced balance of viscosity, heat resistance and mechanical characteristics as disclosed by Kobayashi ‘529. Burden is upon Applicant to prove otherwise. Fitzgerald, In re, 619 F.2d 67, 205 USPQ 594 (CCPA 1980).
Regarding claim 8, paragraph 0111 discloses that the carbon fiber has an areal weight of 100 to 1000 g/m².
Regarding claim 9, paragraph 0084 discloses that the epoxy composition can include metal powders [conductive particles]. Kobayashi is silent to the conductive particles being present in the amount of 1 part by mass or more based on 100 parts by mass of a total amount of epoxy resin of the composition. This is an optimizable feature. Paragraph 0084 discloses that the metal powders can be added as long as the effects of the invention are not impaired. Paragraph 0001 discloses that the prepreg is excellent in processability. One of ordinary skill in the art before the effective filing date of the invention to optimize the conductive particles [metal powders] being present in an amount of 1 part by mass or more based on 100 parts by mass of a total amount of the epoxy resin of the composition for the benefit of enhanced processibility.
Regarding claim 10, Kobayashi ‘662 discloses that the thermoplastic resin particles are soluble in the epoxy resin [0044]. Additionally, paragraph 0065 of Kobayashi ‘662 discloses that the content of the thermoplastic resin particles in the first and second epoxy resin compositions is 1 part by mass or more and less than 10 parts by mass.
Response to Arguments
Applicant’s arguments with respect to the present claims 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. Applicant argues that Kobayashi ‘662 is silent to the content of the bifunctional amine type epoxy resin being 15 parts by mass or more and less than 40 parts by mass. Additionally, Applicant argues that Kobayashi ‘662 discloses that epoxy resins containing three or more glycidyl groups is preferred. Kobayashi ‘662 discloses that epoxy resin can include two glycidyl groups in one molecule [0033]. Also, paragraph 0033 discloses that the epoxy resin used can include N,N-diglycidyl aniline [bifunctional amine type epoxy resin]. Examiner agrees that Kobayashi ‘662 does not disclose the content of the bifunctional amine type epoxy resin being 15 parts by mass or more and less than 40 parts by mass. Kobayashi ‘582 was brought in to show that an epoxy resin including N,N-diglycidyl aniline [bifunctional amine type epoxy resin] present in an amount of 15 to 40 mass % of the total epoxy resin because the balance of viscosity, heat resistance and mechanical characteristics are improved in a prepreg as both Kobayashi references are analogous art and the combination is not without motivation.
Conclusion
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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786