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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. DE10 2021 108 602.7, filed on April 7th, 2021.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the nonwoven insulation, at least one material structure wear layer, and sublayers of claims 1, 2, and 11; “comprises a base nonwoven with nonwoven pads partially distributed over” of claim 6; and “recycled sandwich nonwoven with a nonwoven in a core layer, having fiber scattering material with different scattering amounts over the length and width of the nonwoven in the core layer” of claim 7 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
Claim 1 and similarly claims 2 and 11 recite the following:
In Lines 4-5: “having different acoustic and/or mechanical-physical properties over the surface and/or thickness, of the nonwoven insulation”
In Lines 5-9: “wherein the paneling having at least one material structure wear layer, a surface/visible surface layer with sublayers located underneath and the nonwoven insulation, wherein the nonwoven…”
For examination purposes, (I) will be examined as “having different acoustic and/or mechanical-physical properties over its surface and/or thickness
For examination purposes, (II) will be examined as “wherein the paneling comprises at least one material structure wear layer and the nonwoven insulation, wherein the at least one material structure wear layer is a
Claims 1, 2, and 11 recite the limitation "the floor paneling", “the tempered nonwoven”, “the tempered wear layer”, and “the former wear layer”. There is insufficient antecedent basis for this limitation in the claim. For examining purposes, “the floor paneling”, “the tempered nonwoven”, “the tempered wear layer”, and “the formed wear layer” are read as “the at least one material structure at least one material structure
Claim 3 recites the limitation “the pads”. There is insufficient antecedent basis for this limitation. For examining purposes “the pads” is read as “the nonwoven pads”.
Claim 4 recites the limitation “by (short-wave) radiation”. It is unclear whether the limitation “short-wave” is part of the claimed invention. For examining purposes, “by (short-wave) radiation” is read as “by
Claim 5 recites the limitation “a density distribution (weight per unit area distribution)”. It is unclear whether the limitation “(weight per unit area distribution)” is part of the claimed invention or optional. For examining purposes, “a density distribution (weight per unit area distribution)” is read as “a density distributionor weight per unit area distribution”.
Claim 7 recites "wherein the nonwoven insulation comprises a recycled sandwich nonwoven, having fiber scattering material with different scattering amounts over the length and width of the nonwoven in the core layer". There is insufficient antecedent basis for this limitation “the nonwoven in the core layer” in the claim. Further, it is unclear which “nonwoven”. For examining purposes, "wherein the nonwoven insulation comprises a recycled sandwich nonwoven, having fiber scattering material with different scattering amounts over the length and width of the nonwoven in the core layer" is read as "wherein the nonwoven insulation comprises a recycled sandwich nonwoven with a nonwoven in a core layer, having fiber scattering material with different scattering amounts over the length and width of the nonwoven in the core layer".
Claim 8 recites “wherein the wear layer is stretched before forming and is stretched, over the course of a longitudinal side to a varying extent in the transverse direction and/or over the course of a transverse side to a varying extent in the longitudinal direction.” For clarity, the aforementioned will be examined as “wherein the at least one material structure wear layer is stretched before the forming tool and is stretcheda transverse direction and/ora longitudinal direction.”
Claim 9 recites “positioned in the forming tool following the tool contour”. There is insufficient antecedent basis for this limitation “the forming tool” in the claim. For examining purposes, “positioned in the forming tool following the tool contour” is read as “positioned in the forming tool following s of the forming tool”.
Claim 10 recites “in the interior”. There is insufficient antecedent basis for this limitation in the claim. For examining purposes “in the interior” is read as “in an interior of the vehicle ”.
Claim 12 recites the limitation "the vehicle floor" in Line 15. There is insufficient antecedent basis for this limitation in the claim. It is unclear if the vehicle floor is the wear layer or away from wear layer. For examining purposes, “the vehicle floor" is read as “a vehicle floor” and assumed as away from the at least one material wear layer. Further, it is unclear if compression hardness of the nonwoven layer and nonwoven layer adjoining the wear layer is considered separately or together. For clarity, “a first nonwoven layer of the nonwoven insulation” is used to differentiate nonwoven layers adjoined to the at least one material wear layer and towards the vehicle floor “at least a second nonwoven layer of the nonwoven insulation
Claim 6 is also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ) as being dependent upon claim 1.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 11-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Taniguchi et al. (US 2017/0008462 A1).
Regarding Claim 11, Taniguchi et al. discloses a sound insulation, a paneling with nonwoven insulation for a vehicle (Paneling 1 with nonwoven 30; Para. 0030; Fig. 2. Nonwoven in structure of 30 described as raw yarn heated and molded; Para. 0080-0082), wherein the nonwoven insulation and/or the its area and/or thickness(Fig. 2: Insulation 30 and paneling 1 have different thicknesses. 40 in insulation 30. 40 of insulation 30 having a different density; Para. 0039),
wherein the wherein the at least one material structure wear layer is a (Carpet/wear layer 20 with visible surface layer 26 and base/sublayer 25; Para. 0053; Fig. 1-2),
wherein the nonwoven insulation is a single-layer or multilayer nonwoven with a density distribution over length and width and which has fibers oriented over the entire surface or partially towards the wear layer (Insulation 30 comprises 40 having a different density; Para. 0039,0062,0073. 40 with fibers 44 oriented in direction D3 partially towards wear layer 20; Para. 0059; Fig. 2), wherein thicknesses and/or contour jumps of the nonwoven insulation being compensated for by blown in fibers and/or inserted nonwoven pads (Insulation 30 with contour 31 preliminarily formed and nonwoven pad 40 inserted; Para. 0058).
Regarding Claim 12, Taniguchi et al. discloses the sound insulation (Fig. 8) according to claim 11, wherein the nonwoven insulation is a multilayer nonwoven in which first nonwoven layer of the nonwoven insulation the at least one material structure wear layer is lower than that of at least a second nonwoven layer of the nonwoven insulation a vehicle floor (In Fig. 8: Nonwoven 30 with first layer 30 adjoins wear layer 20 has low compressive strength/hardness in the thickness direction D3 compared to second layer 40 with high compressive strength/hardness which lie towards vehicle floor 80; Para. 0062-0063).
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, 5-6, and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Taniguchi et al. (US 2017/0008462 A1) in view of Abe (JP-H06227305 A).
Regarding Claim 1, Taniguchi et al. discloses a method for producing a sound insulation, a paneling with nonwoven insulation for a vehicle (Paneling 1 with nonwoven 30; Para. 0030; Fig. 2. Nonwoven in structure of 30 described as raw yarn heated and molded; Para. 0080-0082):
wherein the nonwoven insulation and/or the comprises different acoustic and/or mechanical-physical properties over its surface and/or thickness(Fig. 2: Insulation 30 and paneling 1 have different thicknesses. 40 in insulation 30. 40 of insulation 30 having a different density; Para. 0039),
wherein the paneling comprises at least one material structure wear layer, wherein the at least one material structure wear layer is a (Carpet/wear layer 20 with visible surface layer 26 and sublayers 25 and backing layer; Para. 0053; Fig. 1-2),
wherein the nonwoven insulation is a single-layer or multilayer nonwoven with a density distribution over its length and/or width and at least one material structure wear layer (Insulation 30 comprises 40 having a different density; Para. 0039,0062,0073. 40 with fibers 44 oriented in direction D3 partially towards wear layer 20; Para. 0059; Fig. 2) ;
wherein the insulation is positioned in a forming tool and (In structure of insulation 30 preliminary molded with shape of silencer 1; Para. 0082; Fig. 2), wherein thicknesses and/or contour jumps of the nonwoven insulation (Insulation 30 with contour 31 preliminarily formed and nonwoven pad 40 inserted; Para. 0058).
Taniguchi et al. fails to explicitly disclose subsequently, the at least one material structure (Concavo-convex shapes of wear layer 20 formed by press molding; Para. 0053 Fig. 2) is placed over the nonwoven insulation (30; Fig. 2) and the forming tool (Insulation 30 200; Fig. 7) closes and opens after a defined form closing time; and then, the at least one material structure with connected nonwoven insulation is removed and subsequently trimmed (Paneling 1 with insulation 30 (not connected to wear layer 20) removed from tool 200 and cut; Para. 0089).
However, Abe teaches subsequently, the at least one material structure wear layer is placed over and the forming tool closes and opens after a defined form closing time (Abe: Wear layer 13 placed over felt layer 15 in forming tool 1; Para. 018-0020; Fig. 1); and then, the at least one material structure wear layer with connected nonwoven insulation is removed and subsequently trimmed (Abe: Wear layer 13 with connected felt layer 15 removed from tool 1 and moved to trim mold; Para. 0021; Fig. 2). Abe and Taniguchi et al. are in similar fields comprising vehicle floor paneling. Modifying Taniguchi et al. with teachings of Abe would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention wherein subsequently, the at least one material structure wear layer is placed over and the forming tool closes and opens after a defined form closing time for the purpose of preventing deformity of the adjoined layer (Abe: Para. 0010); and then, the at least one material structure wear layer with connected nonwoven insulation is removed and subsequently trimmed for the purpose of conforming to a desired shape.
Regarding Claim 2, please note the rejection as set forth above with respect to claim 1. Claim 2 is rejected for similar reasons as claim 1; detailed discussion is omitted for brevity.
Regarding Claim 3, Taniguchi et al. as modified by Abe disclose the method according to claim 1, wherein the nonwoven pads are positioned in 2D board form or in 3D preformed form (Nonwoven pads 40 positioned in 3D form of 31; Fig. 2).
Regarding Claim 5, Taniguchi et al. as modified by Abe disclose the method according to claim 1, wherein the nonwoven insulation has a density distributionor weight per unit area distributionnonwoven insulation’s entire surface or partially towards the at least one material structure wear layer (Insulation 30 comprises 40 having a different density along length and width; Para. 0039,0062,0073. 40 with fibers 44 oriented in direction D3 partially towards wear layer 20; Para. 0059; Fig. 2).
Regarding Claim 6, Taniguchi et al. as modified by Abe disclose the method according to claim 1, wherein the nonwoven insulation comprises a base nonwoven with nonwoven pads partially distributed over the surface in a predetermined manner (Nonwoven 30 as a base comprises nonwoven pads 40; Para. 0063,0067. 31 formed/predetermined for inserting 40; Para. 0058; Fig. 2).
Regarding Claim 9, Taniguchi et al. as modified by Abe disclose the method according to claim 1, wherein the wear layer and the nonwoven insulation are positioned in the forming tool following s of the forming tool (Materials arranged according to positional relation to be laid in vehicle before press molding; Para. 0084).
Regarding Claim 10, Taniguchi et al. as modified by Abe disclose the method according to claim 1, wherein the sound insulation paneling is used for an interior of the vehicle(Paneling 1 installed in floor, side wall, veiling, dashboard of interior; Para. 0030,0032; Fig. 1).
Claim(s) 4 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Taniguchi et al. (US 2017/0008462 A1) in view of Abe (JP-H06227305 A) and Al Sayed et al. (DE-102018114125-A1).
Regarding Claim 4, Taniguchi et al. as modified by Abe disclose the method according to claim 1, wherein the nonwoven insulation are heated, wherein the nonwoven insulation being heated in a heating station with hot air flow and/or by (Fibers of nonwoven 30/40 heated by hot air circulation or infrared radiation; Para. 0081).
Taniguchi et al. as modified by Abe fail to explicitly disclose wherein the wear layer with underlying sublayers (Wear layer 20 with sublayers 25 and backing; Para. 0053; Fig. 2) and the nonwoven insulation are heated in separate process steps, wherein the nonwoven insulation being heated in a heating station with hot air flow and/or by radiation and/or the at least one material structure wear layer being heated in a heating station with an IR radiation field or in a contact heating field.
However, Al Sayed et al. teaches wherein the wear layer with underlying sublayers and the nonwoven insulation are heated in separate process steps, wherein the nonwoven insulation being heated in a heating station with hot air flow and/or by radiation and/or the at least one material structure wear layer being heated in a heating station with an IR radiation field or in a contact heating field (Al Sayed: Individual layers heated independently; Para. 0017,0019; Carpet/wear layer be radiation field; 0024-0025). Al Sayed et al., Abe, and Taniguchi et al. are in similar fields comprising vehicle floor paneling. Modifying Taniguchi et al. as modified by Abe with teachings of Al Sayed et al. would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention wherein the wear layer with underlying sublayers and the nonwoven insulation are heated in separate process steps, wherein the nonwoven insulation being heated in a heating station with hot air flow and/or by radiation and/or the at least one material structure wear layer being heated in a heating station with an IR radiation field or in a contact heating field for the purpose of temperature and time settings of each layer (Al Sayed: Para. 0027).
Regarding Claim 8, Taniguchi et al. as modified by Abe disclose the method according to claim 1. Taniguchi et al. as modified by Abe fail to explicitly disclose wherein the at least one material structure wear layer is stretched before the forming tool and is stretchedina transverse direction and/ora longitudinal direction. However, Al Sayed et al. teaches wherein the at least one material structure wear layer is stretched before the forming tool and is stretched in a transverse direction and/or in a longitudinal direction (Al Sayed: Composite layers stretched before forming tool in transversely and longitudinally; Para. 0019,0030-0032). Al Sayed et al., Abe, and Taniguchi et al. are in similar fields comprising vehicle floor paneling. Modifying Taniguchi et al. as modified by Abe with teachings of Al Sayed et al. would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention wherein the at least one material structure wear layer is stretched before the forming tool and is stretched in a transverse direction and/or in a longitudinal direction for the purpose of saving material (Al Sayed: Para. 0022).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Taniguchi et al. (US 2017/0008462 A1) in view of Abe (JP-H06227305 A) and Wei et al. (US 2020/0130611 A1).
Regarding Claim 7, Taniguchi et al. as modified by Abe disclose the method according to claim 1, wherein the nonwoven insulation comprises a recycled sandwich nonwoven, having fiber scattering material (Fibers of insulation 30 may be reclaimed wool fibers or regenerated cotton fibers; Para. 0068; Fig. 2. Reclaimed/regenerated is recycled). Taniguchi et al. as modified by Abe fail to explicitly disclose wherein the nonwoven insulation comprises a recycled sandwich nonwoven with a nonwoven in a core layer, having fiber scattering material with different scattering amounts over the length and width of the nonwoven in the core layer.
However, Wei et al. teaches wherein the nonwoven insulation comprises a sandwich with a core layer, having fiber scattering material with different scattering amounts over the length and width of the in the core layer (Wei: Sandwich panel with core layer 100 varies its basis weight along directions d1 and d2; Para. 0074-0076; Fig. 1. Basis weight of core varied by addition of fibers; Para. 0093,0096). Wei et al., Abe, and Taniguchi et al. are in similar fields comprising multi-layered composites. Modifying Taniguchi et al. as modified by Abe with teachings of Wei et al. would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention wherein the nonwoven insulation comprises a recycled sandwich nonwoven with a nonwoven in a core layer, having fiber scattering material with different scattering amounts over the length and width of the nonwoven in the core layer for the purpose of varying the basis weight across the core layer (Wei: Para. 0093).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US-7182172-B2, US-7682681-B2, US-7837009-B2, US-8091684-B2, WO-2013007489-A2, US-4378265-A, US-20070065644-A1, US-5868890-A, US-8216501-B2, US-20080026177-A1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER B OLSON whose telephone number is (571)272-3041. The examiner can normally be reached Monday - Friday, 8:00am -4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dedei Hammond can be reached at (571)270-7938. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER B OLSON/Examiner, Art Unit 2837
/DEDEI K HAMMOND/Supervisory Patent Examiner, Art Unit 2837