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 December 9, 2025 are acknowledged.
Examiner acknowledges amended claims 1, 7-8, 13-14 and 17.
The rejection of claims 7-8 and 17 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph is overcome by Applicant’s amendment.
The rejection of claims 1-6 and 9-16 under 35 U.S.C. 102(a)(1) & (a)(2) as being anticipated by Kunal et al., U.S. Pre Grant Publication 2014/0051310 is overcome by Applicant’s amendment.
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.
Claims 1-6, 8, 10 and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Draxler et al., EP2871052.
Regarding claims 1-6, 8 and 14, Draxler discloses an automobile interior component made of a fiber composite material comprising a matrix of a thermoplastic polymer in which first fibers are oriented in one direction and can include natural fibers [0001, 0009 and 0011]. Paragraph 0014 discloses that the first fibers may be needled. Paragraph 0023 discloses that the automotive interior component has a first layer and a second layer. Additionally, paragraph 0023 discloses a middle layer is formed between the first layer and the second layer. Paragraph 0024 discloses that the layers are made of a fiber composite material including a matrix with embedded fibers with the first fibers being embedded in the first and second layers with further fibers such as plastic [synthetic fibers] [0028]. Paragraph 0025 discloses that the thermoplastic material can include polypropylene. Applicant discloses in the present published specification [US Pre Grant Publication 2024/0262075] in paragraph 0012 that polypropylene is a solidified matrix. Paragraph 0029 discloses that the second fibers can include plastic and natural fibers wherein the synthetic fibers [plastic fibers] can include PET fibers, polyester fibers or polypropylene fibers. Paragraph 0031 discloses that the natural fibers are cotton fibers, recycled cotton fibers, hemp fibers, kenaf fibers and flax fibers. Paragraph 0034 discloses that the intermediate layer can contains no fibers only the thermoplastic matrix. Paragraph 0046 discloses that the first fibers can form a non-woven [structured]. It is disclosed in paragraph 0072 that first fibers extend [protrusions] into the core[ middle layer]. Examiner is corresponding the core/middle layer formed of only thermoplastic resin on the first and second layer as the core layer is disposed between the first and second layer. The manner in which the core layer formed of only thermoplastic resin is placed onto the layers does not make it a different product. See MPEP 2113.
Regarding claim 10, paragraph 0023 discloses a decorative layer on the automotive trim component comprising two (2) outer layers wherein the decorative layer can be a felt [fabric].
Regarding claims 15-16, paragraph 0046 discloses using a molding press to heat and pressurized the layers.
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 9 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Draxler et al., EP2871052 in view of Kunal et al., U.S. Pre Grant Publication 2014/005130.
Regarding claim 9, Draxler is silent to the first layer and/or the second layer being colored, textured and or grained. Kunal discloses composites that can be molded and formed into an automotive structural component of interior and exterior trim parts [0047]. Paragraphs 0004 and 0049 discloses a composite article comprising a core wherein the core includes reinforcing fibers being arranged parallel [uni-directional] to each other and a high melt flow thermoplastic resin [thermoplastic binder]. Paragraph 0005 discloses that the reinforcing fibers can include natural fibers. Paragraph 0007 discloses that the composite article also discloses a surface layer disposed on a surface of the fiber reinforced thermoplastic polymer core layer. It is disclosed in paragraph 0008 that the surface layer comprises a scrim [nonwoven]. Paragraph 0061 of Kunal also discloses that the surface layer can include a nonwoven fabric or scrim. Paragraph 0062 of Kunal discloses that the surfacing layer can include reinforcing material present in the core layer [natural fibers (see 0005)]. Paragraph 0009 discloses that the surface layer comprises a resin [see also 0010]. Paragraph 0043 discloses that the high melt flow resin is cured [solidified]. Paragraph 0077 discloses that the high melt flow resin can include polypropylene powder. Paragraph 0061 discloses that the surface layer is disposed on the core layer subsequent to the formation of the core layer and may be laminated, bonded or otherwise attached to the core layer. Kunal discloses in paragraph 0043 that the high melt flow resin can include a colorant. Paragraph 0077 of Kunal discloses that the high melt flow resin can include polypropylene powder. The abstract of Kunal discloses that the composite can be used for vehicle components. Figure 3 of Kunal illustrate a core/middle layer disposed between two (2) outer layers. Paragraph 0043 of Kunal discloses that colorants can be added to the high melt flow resin that can impart desired physical properties. Draxler and Kunal are analogous art in that both references are directed to vehicle components formed from a composite that includes a core/middle layer sandwiched between outer layers comprising natural fibers embedded in a thermoplastic matrix such as polypropylene resin. One of ordinary skill in the art before the effective filing date of the invention would include colorants in the polypropylene resin of Draxler for enhanced desired properties.
Regarding claim 11, Draxler is silent to the thermoplastic resin comprising a heat stabilizer. Kunal, above, remains relied upon. Paragraph 0042 of Kunal discloses the thermoplastic resin can include heat stabilizers. It is disclosed in paragraph 0042 that the use of heat stabilizers in the resin can reduce the likelihood that the resin may degrade when exposed to high temperatures. Draxler and Kunal are analogous art in that both references are directed to vehicle components formed from a composite that includes a core/middle layer sandwiched between outer layers comprising natural fibers embedded in a thermoplastic matrix such as polypropylene resin. One of ordinary skill in the art before the effective filing date of the invention would utilize a heat stabilizer in the thermoplastic matrix of Draxler for the benefit of enhanced reduction of resin degradation when the resin is exposed to high temperatures.
Regarding claim 12, Draxler is silent the first layer having a density in a range of 50-3000 g/m² and/or the second layer having a density in a range of 300- 3000g/m². Kunal, above, remains relied upon. Kunal discloses in paragraph 0057 that the layers can have a basis weight ranging from 150 gsm to 3000 gsm. Kunal discloses in paragraph 0051 that the basis weight affects mechanical properties such as improved flexural modulus. Draxler and Kunal are analogous art in that both references are directed to vehicle components formed from a composite that includes a core/middle layer sandwiched between outer layers comprising natural fibers embedded in a thermoplastic matrix such as polypropylene resin. One of ordinary skill in the art before the effective filing date of the invention would optimize the first and/or second layers of Draxler to 300- 3000g/m² for the benefit of enhanced flexural modulus of the composite.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Draxler et al., EP2871052.
Draxler, above, remains relied upon for claim 1.
Regarding claim 7, Draxler is silent to the ratio of natural fibers to a synthetic material is between 20:80 by weight and 80:20 by weight. Draxler discloses in paragraph 0007 that the composite has improved sound insulation. One of ordinary skill in the art before the effective filing date of the invention would optimize the ratio of natural fibers to synthetic fibers to 20:80 by weight and 80:20 by weight for the benefit of enhanced sound insulation.
Claims 13 and 17 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. Applicant claims a fiber composite product as recited in claim 1, further including the structured first layer comprising a woven structure. Additionally, Applicant claims a method of producing a fiber composite product for an automotive interior or exterior component as recited in claim 14, further comprising shredding and/or grinding of the fiber composite product after use as an automotive interior or exterior component, and adding of [[the]] a cut, shredded and/or ground fiber composite product in a forming of a non-woven mat or in an injection[[s]] onto one or more of a first layer and/or the a second layer of a new fiber composite product. The closest prior art, Draxler et al., EP2871052, teaches an automobile interior component made of a fiber composite material comprising a matrix of a thermoplastic polymer in which first fibers are oriented in one direction and can include natural fibers [0001, 0009 and 0011]. Paragraph 0014 discloses that the first fibers may be needled. Paragraph 0023 discloses that the automotive interior component has a first layer and a second layer. Additionally, paragraph 0023 discloses a middle layer is formed between the first layer and the second layer. Paragraph 0024 discloses that the layers are made of a fiber composite material including a matrix with embedded fibers with the first fibers being embedded in the first and second layers with further fibers such as plastic [synthetic fibers] [0028]. Paragraph 0025 discloses that the thermoplastic material can include polypropylene. Applicant discloses in the present published specification [US Pre Grant Publication 2024/0262075] in paragraph 0012 that polypropylene is a solidified matrix. Paragraph 0029 discloses that the second fibers can include plastic and natural fibers wherein the synthetic fibers [plastic fibers] can include PET fibers, polyester fibers or polypropylene fibers. Paragraph 0031 discloses that the natural fibers are cotton fibers, recycled cotton fibers, hemp fibers, kenaf fibers and flax fibers. Paragraph 0034 discloses that the intermediate layer can contains no fibers only the thermoplastic matrix. Paragraph 0046 discloses that the first fibers can form a non-woven [structured]. It is disclosed in paragraph 0072 that first fibers extend [protrusions] into the core[ middle layer]. Draxler fails to teach or suggest that the structured first layer comprises a woven structure. Additionally, Draxler fails to teach or suggest further comprising shredding and/or grinding of the fiber composite product after use as an automotive interior or exterior component, and adding of [[the]] a cut, shredded and/or ground fiber composite product in a forming of a non-woven mat or in an injection[[s]] onto one or more of a first layer and/or the a second layer of a new fiber composite product.
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'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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMIE S THOMPSON whose telephone number is (571)272-1530. The examiner can normally be reached 8:30 am - 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Boyd, can be reached at 571-272-7783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786
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