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 .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 February 17, 2026, has been entered.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 103
Claims 1-3, 5, 6, 9, 10, 11 are under 35 U.S.C. 103 as being unpatentable over Zhao et al. (US 2021/0130963), in view of KR 20030049702 (hereinafter KR ‘702. Regarding claims 1, 5, 6, 10, and 11, Zhao et al. disclose coated carbon fiber reinforced polymeric composites (CFRP) (abstract). An assembly for a vehicle having reduced galvanic corrosion includes a first component defining at least one interface region that includes a carbon-fiber reinforced polymeric composite (CFRP) and a first material present in the at least one interface region and having a first electrochemical potential. A second component has a second material and is in contact with the at least one interface region of the first component. The second material has a second electrochemical potential different than the first electrochemical potential. In this manner, in the presence of an electrolyte the first material may be either less noble than the second material and serve as a sacrificial material or alternatively more noble to the second material reducing a driving force for corrosion (abstract). In certain aspects, the polymeric composite includes a layer defining the at least one interface region that includes the first material, a second polymer, and a second plurality of carbon fibers (0012). The assembly includes a first component defining at least one interface region that includes a polymeric composite including a polymer and a plurality of carbon fibers coated with a first material selected from the group consisting of: titanium, copper, zinc, and nickel (0019). Suitable carbon fiber-reinforced composite materials comprise a polymer reinforced with a carbon fiber material. Regarding claim 5, the polymer may be a polycarbonate resin (0047). The carbon fibers may be continuous filaments or may be chopped carbon fibers that may be thousands of micrometers (m) or millimeters (mm) in length. The carbon fibers within the composite may be configured to have a directional (e.g., anisotropic) orientation. In certain variations, a fiber mat comprising carbon fibers may be used with highly planar oriented or uni-directional oriented fibers (0048). Each of the carbon fiber reinforced composite materials forming the first CFRP panel 20 or the second CFRP panel 22 may comprise a polymeric matrix and a plurality of carbon fibers as a reinforcement phase (0052). The carbon fibers having a galvanically protective material coating may be incorporated into the polymeric matrix. In certain variations, all of the carbon fibers in the polymeric composite may be coated with a galvanically protective material. In other aspects, only a portion of the carbon fibers used as a reinforcement phase may comprise the carbon fibers coated with the galvanically protective material. In certain variations, the carbon fibers may be selectively woven into the polymeric composite component in select regions that will define the one or more interface regions, so that a local concentration of the coated carbon fibers is high in the one or more interface regions, but regions outside the one or more interface regions may have conventional carbon fibers (0067). The Examiner is equating this teaching of both conventional carbon fibers selectively woven with coated carbon fibers to Applicant’s teaching of a nickel-plated first carbon and a non-plated second carbon fiber with a first thermoplastic resin. Furthermore, in the interface regions, greater than or equal to about 95% up to about 100% by weight of the carbon fibers present are coated with the galvanically protective material coating, optionally greater than or equal to about 97% to greater up to about 100% by weight, optionally greater than or equal to about 98% up to about 100% by weight, and in certain variations, optionally greater than or equal to about 99% up to about 100% by weight of the carbon fibers present in the interface regions are coated with the galvanically protective material. However, in certain aspects, greater than or equal to about 1% to less than or equal to about 50% of an overall area of a surface of the component comprises the coated carbon fibers, optionally greater than or equal to about 5% to less than or equal to about 40% of the surface area, in certain variations, greater than or equal to about 10% to less than or equal to about 30%, and in still further variations, greater than or equal to about 15% to less than or equal to about 25% of the surface area comprises the carbon fibers having the galvanically protective material (0068). A plurality of sheets 202 of carbon fiber material may be stacked together to define a stack 204 and optionally may have different orientations within the stack 204. A first sheet 210 includes the galvanically protective first material and a first plurality of carbon fibers (whether as a coating formed over a portion of the individual carbon fibers or as a coating formed on a mat or fabric of the preassembled carbon fibers, as described above). A second sheet 220 comprises a second plurality of carbon fibers and a third sheet 222 comprises a third plurality of carbon fibers. Notably, the second and third pluralities of carbon fibers lack the first material (0086). During pressing, the components are pressed together between the upper and lower dies and shaped by application of heat and pressure (0085). Zhao et al. disclose the claimed invention except for the newly added limitation wherein “the first thermoplastic carbon fiber comprises the first carbon fiber and the second carbon fiber mixed in a mass ratio of about 3:7 to 7:3” and the teaching of the specific plating solution and the molding temperature and pressure.
Zhao et al. disclose that the carbon fibers having a galvanically protective material coating may be incorporated into the polymeric matrix. In certain variations, all of the carbon fibers in the polymeric composite may be coated with a galvanically protective material. In other aspects, only a portion of the carbon fibers used as a reinforcement phase may comprise the carbon fibers coated with the galvanically protective material. In certain variations, the carbon fibers may be selectively woven into the polymeric composite component in select regions that will define the one or more interface regions, so that a local concentration of the coated carbon fibers is high in the one or more interface regions, but regions outside the one or more interface regions may have conventional carbon fibers. It should be noted that carbon fibers in the interface regions of the carbon-fiber reinforced composite may have different coatings. For example, one portion of the carbon fibers may have a coating of a first material, while another portion of the carbon fibers may have a coating of a second material. In this manner, different metals providing galvanic protection can be incorporated into the composite (0067). In addition, the patch comprises the first material and further comprises a second polymer and a second plurality of carbon fibers. In certain variations, the patch may comprise carbon fibers having a coating of the galvanically protective first material that are formed into a fabric or mat. The polymeric matrix may be disposed within the openings or pores in the fabric or mat. Of the carbon fibers present in the composite material defining the patch, greater than or equal to about 85% up to about 100% are the coated carbon fibers with the first material. In other aspects, a mat or fabric having the patch dimensions and comprising uncoated carbon fibers may be exposed to a plating medium, as discussed above, where surfaces and optionally the interior body region is coated with the galvanically protective first material (0082). Therefore, it would have been obvious to the first thermoplastic carbon fiber comprises the first carbon fiber and the second carbon fiber mixed in a mass ratio of about 3:7 to 7:3 in the CFRP of Zhao et al, motivated by the desire to have the galvanically protective first material in preferred areas of the panel.
Regarding claims 2, 3, and 9, KR ‘702 disclose a method of preparing nickel-plated carbon fiber is provided to make the carbon fiber exert higher surface energy, and when added to a resin matrix, be well adhered to the matrix with improved interlaminar shear strength, impact strength and ductility (abstract). Carbon fiber-reinforced composites, which began to develop rapidly with the development of the aviation and aerospace industry, are used today in various fields such as electric and electronic materials, civil engineering and building materials, automobiles, and ships. In a method of preparing nickel-plated carbon fiber, carbon fiber is dipped in an electroless plating solution containing nickel salt, a reducing agent and a complexing agent. The nickel salt is NiCl2 or NiSO4, and the concentration thereof is in the range of 12-220g/l. The complexing agent is NaH2PO2, and the concentration thereof is in the range of 40-150g/l. The reducing agent is Na3C6H5O7 or NaCO2CH3, and the concentration thereof is 40-150g/l. The plating solution further contains a stabilizer, and the pH thereof is in the range of 4-10.. In the method of the present invention, the plating bath exposure time of the carbon fibers is preferably 5 to 120 minutes. In this process, Sn / Pd nuclei are formed on the surface of the carbon fiber, and the Sn / Pd nuclei formed on the surface of the carbon fiber can promote the deposition of metal nickel. The prepreg was laminated and the resin mixture was molded by applying a pressure of 7.35 Mpa (73.5 bars) and cured at 150 C (34). It would have been obvious to one having ordinary skill in the art at the time the invention was made to have used the plating solution KR ‘702 along with the composite of Zhao et al., motivated by the desire to create a composite with excellent interlaminar shear strength, impact strength, and ductility.
In addition, it would have been obvious to one having ordinary skill in the art to have modified the temperature and pressure of KR’ 702 in the composite of Zhao, because it has been held that differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (Claimed process which was performed at a temperature between 40°C and 80°C and an acid concentration between 25% and 70% was held to be prima facie obvious over a reference process which differed from the claims only in that the reference process was performed at a temperature of 100°C and an acid concentration of 10%.); see also Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382 ("The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages."); In re Hoeschele, 406 F.2d 1403, 160 USPQ 809 (CCPA 1969) (Claimed elastomeric polyurethanes which fell within the broad scope of the references were held to be unpatentable thereover because, among other reasons, there was no evidence of the criticality of the claimed ranges of molecular weight or molar proportions.). For more recent cases applying this principle, see Merck & Co. Inc. v. Biocraft Lab. Inc., 874 F.2d 804, 809, 10 USPQ2d 1843, 1848 (Fed. Cir. 1989), cert. denied, 493 U.S. 975 (1989)(Claimed ratios were obvious as being reached by routine procedures and producing predictable results); In re Kulling, 897 F.2d 1147, 1149, 14 USPQ2d 1056, 1058 (Fed. Cir. 1990)(Claimed amount of wash solution was found to be unpatentable as a matter of routine optimization in the pertinent art, further supported by the prior art disclosure of the need to avoid undue amounts of wash solution); and In re Geisler, 116 F.3d 1465, 1470, 43 USPQ2d 1362, 1366 (Fed. Cir. 1997)(Claims were unpatentable because appellants failed to submit evidence of criticality to demonstrate that that the wear resistance of the protective layer in the claimed thickness range of 50-100 Angstroms was "unexpectedly good"); Smith v. Nichols, 88 U.S. 112, 118-19 (1874) (a change in form, proportions, or degree "will not sustain a patent"); In re Williams, 36 F.2d 436, 438, 4 USPQ 237 (CCPA 1929) ("It is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions."). See also KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 416, 82 USPQ2d 1385, 1395 (2007) (identifying "the need for caution in granting a patent based on the combination of elements found in the prior art."). In the present invention, it would have been obvious to optimize the molding pressure and temperature motivated by the desire to create a composite with increased interlaminar strength.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (US 2021/0130963) and KR 20030049702 (hereinafter KR ‘702) as set forth above, in view of WO 2020/123334 (hereinafter WO’ 334). The combination of Zhao et al. and KR ‘702 disclose the claimed invention except for the teaching that the first and second fiber chips have a width of about 1.5 to 25 mm and a length of about 1-80 mm and that the carbon fibers are formed using an electromagnetic field. WO ‘334 disclose carbon fiber reinforced composites that can be used in automobiles (page 11, ln 1-3). The carbon fibers have a length of 1-15 mm and diameter of 100 micrometers to 10 cm (page 7, ln 1-30). A polycarbonate binder may be used to bind the carbon fibers (page 15, ln 25 to page 16, ln 1). Regarding claim 8, a magnetic field can be applied to manipulate the carbon fibers (which reads on the claimed electromagnetic field) (page 16, ln 15-16 and page 17, ln 22-23 and 32-33, page 18, ln 24-28). It would have been obvious to have used the teachings of the carbon fiber length/diameter and the disclosure of the magnetic field of WO ‘334 in the carbon fibers of Zhou et al., motivated by the desire to create a fiber reinforced composite that has optimal strength and modulus.
Response to Arguments
Applicant's arguments filed February 17, 2026 have been fully considered but they are not persuasive for the reasons set forth. Applicant argues that the Zhao reference fails to teach or suggest the newly added limitation wherein “the first thermoplastic carbon fiber comprises the first carbon fiber and the second carbon fiber mixed in a mass ratio of about 3:7 to 7:3. However, Zhao et al. disclose that the panel can comprise the first material and further comprises a second polymer and a second plurality of carbon fibers. In certain variations, the patch may comprise carbon fibers having a coating of the galvanically protective first material that are formed into a fabric or mat. The polymeric matrix may be disposed within the openings or pores in the fabric or mat. Of the carbon fibers present in the composite material defining the patch, greater than or equal to about 85% up to about 100% are the coated carbon fibers with the first material. In other aspects, a mat or fabric having the patch dimensions and comprising uncoated carbon fibers may be exposed to a plating medium, as discussed above, where surfaces and optionally the interior body region is coated with the galvanically protective first material. Furthermore, the carbon fibers having a galvanically protective material coating may be incorporated into the polymeric matrix. In certain variations, all of the carbon fibers in the polymeric composite may be coated with a galvanically protective material. In other aspects, only a portion of the carbon fibers used as a reinforcement phase may comprise the carbon fibers coated with the galvanically protective material. In certain variations, the carbon fibers may be selectively woven into the polymeric composite component in select regions that will define the one or more interface regions, so that a local concentration of the coated carbon fibers is high in the one or more interface regions, but regions outside the one or more interface regions may have conventional carbon fibers. It should be noted that carbon fibers in the interface regions of the carbon-fiber reinforced composite may have different coatings. For example, one portion of the carbon fibers may have a coating of a first material, while another portion of the carbon fibers may have a coating of a second material. In this manner, different metals providing galvanic protection can be incorporated into the composite (0067). Therefore, the claimed ratio would have been obvious, absent a showing of criticality, in the panel of Zhao to provide different areas of the panel with increased protection. In conclusion, the cited prior art, in combination, do disclose the claimed invention.
Conclusion
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/ULA C RUDDOCK/ Supervisory Patent Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729