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 .
Response to Amendment
The Amendments filed 02/03/2026 responsive to the Office Action filed 12/15/2025 has been entered. Specification and Claims 1, 3, 6, 7, 10-14 and 16-18 have been amended. Claims 5, 19 and 20 have been canceled. Claims 1-4 and 6-18 remain pending in this application.
Response to Arguments
Claim 12 has been amended to address the indefiniteness, thus the rejection of claim 12 under 112(b) has been withdrawn.
Applicant's arguments, filed 02/03/2026 in pages 7-8, with respect to claim 1 under 103 rejection, have been considered but are moot because the new ground of rejection does not rely on the combination applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4 and 6-18 are rejected under 35 U.S.C. 103 as obvious over Heikkila et al. (US2019/0389097A1- of record) in view of Rodilla Gardo et al. (EP4186671A1- of record) and Homburg, JR. et al. (US2011/0214803A1).
With respect to claim 1, Heikkila teaches a method of making an injection molded part having back injection molded features (“method of making a trim component having a fibrous decorative covering”, Pa [0070] and Figs. 4A-4D), the method comprising:
heating a substrate (“a natural fiber, plastic composite sheet or substrate”, Pa [0123]) to a temperature (“The composite sheet 40 is heated in an oven (now shown) while on a conveyor 46 to a first softening temperature.”, Pa [0124]);
transferring the substrate to a tool and laying the substrate evenly on a surface of the tool after heating the substrate (“The heated composite sheet 40 is transferred or conveyed by a conveyor 46 to a position between mold halves 52 and 54 of a compression mold, generally indicated at 56.”, Pa [0124]);
placing a cover material (“The laminated sheet 50”) on the heated substrate after transferring the substrate to the tool (“The laminated sheet 50 overlies the outer surface 44 of the composite sheet 40 after the sheet 40 is in its …unmolded condition.”, Pa [0125]);
closing the tool (Fig. 4B);
injecting resin onto a surface of the substrate to form runners (the structures which the stiffening ribs 32 are connected along in Fig. 3) and attachment features (“receptacles 34”) (“the lower mold half 54 may include passages 80 for molding a plastic injected by a nozzle 83 into the lower mold half 54. The plastic is compatible with the plastic of the composite sheet 40 to bond the plastics together and is molded around the composite sheet 40 to form at least one component such as the components 24, 26, 28, 32, 34 and 36 at the inner surface 42 of the composite sheet 40 at the first molding station.”, Pa [0135]; “stiffening ribs 32, receptacles 34 and posts 36 to provide attachment locations”, Pa [0122]);
keeping the tool closed until the resin has cross-linked (“Injection/Filling Stage”, “Packing/Compression Stage”, “Holding Stage”, Pa [0035]-[0037]);
cooling the injected resin after the resin has cross-linked (“Cooling Stage”, Pa [0038]); and
opening the tool and removing the injection molded part after cooling the injected resin (“The bonded sheets 40 and 50, alternatively, may be transferred by a conveyor 87 to one or more trim, edge fold, finish stations after injection molding of the plastic components 24, 26, 28, 32, 34 and 36 as shown in the lower right portion of FIG. 4D.”, Pa [0136]).
Heikkila teaches that the composite sheet 40 is heated in an oven (now shown) while on a conveyor 46 to a first softening temperature (Pa [0124]), the composite sheet 40 typically includes a thermoplastic resin, the thermoplastic resin of the composite sheet 40 is preferably polypropylene (Pa [0133]), and tool temperature control is required to maintain a temperature differential ΔT between the tool and the polymer melt (Pa [0038]), but is silent to heating the substrate to a temperature in a range of about 340° F. to 420° F. (171.1°C to 215.5°C); placing a buffer layer over the cover material after placing the cover material on the substrate, wherein the buffer layer is grain in a second surface of the tool; keeping the tool closed until the substrate and cover material are cooled to the range of about 80° F. to 120° F. (26.7°C to 48.9°C); and cooling the injected resin to a range of 80° F. to 120° F.
In the same field of endeavor, a method for manufacturing a trim element of a vehicle, Rodilla Gardo teaches that the method comprises hot calibration 120 of the mat; shaping 130 of the calibrated mat into a trim part; and back-injection 140 of additional elements on the trim part to form the trim element (Pa [0011]), the mat is made of the mixture of wood fibres, polypropylene (PP) fibres and polyethylene terephthalate (PET) fibres (Pa [0012]), the mat is very soft after the calibration step, as it is still hot, for example at a temperature above 200°C (Pa [0069]), during shaping, the mould 10 is at a temperature strictly below 70°C, more particularly between 30°C and 50°C (Pa [0079]), the mould 10 is maintained at said temperature during the shaping, the mould 10, for example, comprises a cooling circuit to dissipate the heat provided by the hotter mat (Pa [0080]), the mat arrives in the mould at higher temperature, such as 160°C to 220°C, as it was heated during the calibration step (Pa [0081]), the back-injected product is injected for example at a temperature higher than 200°C, for example from 210°C to 250°C (Pa [0099]), and the mould 10 is still substantially at the shaping temperature (Pa [0100]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Heikkila with the teachings of Rodilla Gardo and substitute Rodilla Gardo’s mat for Heikkila’s substrate in order to provide the substrate for the trim element of a vehicle and perform heating the mat to a temperature in a range of 200°C to 220°C in order to make the mat very soft; perform cooling the mold at a temperature between 30°C and 50°C and keeping the mold at the temperature during shaping and back-injection molding in order to dissipate the heat provided by the hotter mat. It has been held that Prior art which teaches a range within, overlapping or touching the claimed range anticipated if the prior art range discloses the claimed range with “sufficient specificity”. (See MPEP 2131.03); and In the case where claimed ranges “overlap or lie inside ranges disclosed by prior art” a prima facie case of obviousness exists. (See MPEP 2144.05 (I)).
Furthermore, in the same field of endeavor, a method for manufacturing vehicle interior panels, such as door panels, dashboard panels, and headliner panels, having decorative inserts, Homburg, JR. teaches that the mold tool 10 has a surface 20 which gives the overall shape and contour to the preformed thermoplastic sheet 12, the surface 20 can be designed and constructed to impart a textured or grain-like appearance to the surface of the preformed thermoplastic sheet 12, which in some cases mimics leather, wood, and other materials, or furnishes surface qualities like softness, matte, and the like (Pa [0012]) to give a continuous and uninterrupted textured or grain-like appearance to the show surface 50 of the preformed thermoplastic sheet 12 without witness lines (Pa [0020]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Heikkila with the teachings of Homburg, JR. and provide a textured or grain-like appearance with the surface of the mold half 52 in order to impart the textured or grain-like appearance to the covering of the trim component without witness lines.
With respect to claim 2, Heikkila as applied to claim 1 above further teaches that the method is performed at a single injection molding station (“the composite sheet 40 is pressed against the laminated sheet 50 after the steps of providing and the steps of heating to bond the plastic cushioning layer 68 to the plastic composite sheet 40.”, Pa [0128]; “The bonded sheets 40 and 50, alternatively, may be transferred by a conveyor 87 to one or more trim, edge fold, finish stations after injection molding of the plastic components 24, 26, 28, 32, 34 and 36 as shown in the lower right portion of FIG. 4D.”, Pa [0136]).
With respect to claim 3, Heikkila as applied to claim 1 above further teaches that the step of heating the substrate is performed by one of infrared, or radiant heating processes (“The composite sheet 40 is heated in an oven”, Pa [0124]).
With respect to claim 4, Heikkila as applied to claim 1 above further teaches that the runners and the attachment features are connected and inherently provide rigidity to the substrate (Fig. 3).
With respect to claim 6, Heikkila as applied to claim 1 above further teaches that the cover material is a decorative layer, carpet, or felt (“instead of skin/foam a different cover stock is utilized (i.e. a decorative fibrous fabric such as a carpet)”, Pa [0147]).
With respect to claim 7, Heikkila as applied to claim 1 above further teaches after closing the tool, maintaining press tonnage to form and trim the substrate and the cover material to a desired shape (“the composite sheet 40 is pressed against the laminated sheet 50 after the steps of providing and the steps of heating to bond the plastic cushioning layer 68 to the plastic composite sheet 40.”, Pa [0128]; “outer peripheral portions of the cushioning layer 68 are removed by trimming or cutting blades 81 as shown in FIGS. 6A and 6C supported in the lower mold half 54 and actuated by a blade actuator. The resulting trimmed laminated sheet 50 is then folded over the composite sheet 40 as shown in FIG. 8 wherein the support layer 62 is bound to the inner surface 42 of the composite sheet 40.”, Pa [0134]).
With respect to claim 8, Heikkila as applied to claim 1 above further teaches that the runners serve as pathways for the injected resin to flow (Fig. 4C).
With respect to claim 9, Heikkila as applied to claim 1 above teaches that the runners inherently provide stiffness to the substrate allowing less substrate material to be used.
With respect to claim 10, Heikkila as applied to claim 1 above further teaches that the step of the injecting resin further includes making rib structures (“stiffening ribs 32”, Pa [0122]) that reinforce the injection molded part.
With respect to claim 11, Heikkila as applied to claim 1 above further teaches that the step of injecting resin further comprises injecting resin onto the surface of the substrate to generate location features (“posts 36”), wherein the location features fluidly connect with the runners and attachment features (“receptacles 34”) during the step of injecting resin (“the lower mold half 54 may include passages 80 for molding a plastic injected by a nozzle 83 into the lower mold half 54. The plastic is compatible with the plastic of the composite sheet 40 to bond the plastics together and is molded around the composite sheet 40 to form at least one component such as the components 24, 26, 28, 32, 34 and 36 at the inner surface 42 of the composite sheet 40 at the first molding station.”, Pa [0135]).
With respect to claim 12, Heikkila as applied to claim 1 above further teaches that panels are often attached to the structural vehicle element that they conceal, which may be achieved by one or more specifically-structured features of the panel that are integral with the side thereof opposite the visible surface, such features may be of the type generally referred to as a “dog house,” which may define a multi-walled structure extending from a surface of the panel to contact the feature to which the panel is to be attached, dog houses are generally configured to receive a mechanical fastener or to provide a surface on which adhesive can be applied to couple the dog house, and thus the panel, to the structural vehicle component (Pa [0039]). One would have found it obvious to form the dog house on the surface of the substrate and provide a mechanical fastener with the dog house after opening the tool and removing the injection molded part in order to couple the substrate to the structural vehicle component.
With respect to claim 13, Heikkila as applied to claim 1 above further teaches inherently installing the injection molded part in or on a vehicle (“vehicle trim component or upper interior door panel”, Pa [0122]).
With respect to claim 14, Heikkila as applied to claim 1 above further teaches that the injection molded part is at least one of: a panel, a side panel, a rear side panel, a door bolster (“vehicle trim component or upper interior door panel”, Pa [0122]).
With respect to claim 15, Heikkila as applied to claim 1 above further teaches that the method is performed at a single workstation from a beginning of a process to an end of the process (“the composite sheet 40 is pressed against the laminated sheet 50 after the steps of providing and the steps of heating to bond the plastic cushioning layer 68 to the plastic composite sheet 40.”, Pa [0128]; “The bonded sheets 40 and 50, alternatively, may be transferred by a conveyor 87 to one or more trim, edge fold, finish stations after injection molding of the plastic components 24, 26, 28, 32, 34 and 36 as shown in the lower right portion of FIG. 4D.”, Pa [0136]).
With respect to claim 16, Homburg, JR. as applied in the combination regarding claim 1 above further teaches that the buffer layer (a textured or grain-like appearance with the surface of the mold half 52) is operable to reduce witness lines on the cover material (“give a continuous and uninterrupted textured or grain-like appearance to the show surface 50 of the preformed thermoplastic sheet 12 without witness lines”, Pa [0020]). Even if the combination does not explicitly teach that the buffer layer absorbs pressure that is generated during the step of injecting resin, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.).
With respect to claim 17, Heikkila as applied to claim 1 above further teaches that the step of injecting resin further comprises forming location features (“posts 36”) that are connected to the runners (Fig. 3).
With respect to claim 18, Heikkila as applied to claim 1 above further teaches that the injection molded part has an A-Side and a B-Side (“The panel 10 has an inner “A” surface 12 and an outer “B” surface 14.”, Pa [0122]), wherein the A-Side is a finished side where the cover material is located, wherein the B-Side is an unfinished side where the runners and attachment features are located, and wherein the runners and attachment features are not visible on the A-Side (“The panel 10 includes a plurality of edge components 24, 26 and 28 which are made from plastic resin which initially flows from “drops” 30 (FIG. 3) to stiffening ribs 32, receptacles 34 and posts 36 to provide attachment locations for various automotive components including wiring harnesses, etc. on the “B” surface 14 of the panel 10.”, Pa [0122]).
Conclusion
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 YUNJU KIM whose telephone number is (571)270-1146. The examiner can normally be reached on 8:00-4:00 EST M-Th; Flexing Fri.
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/YUNJU KIM/Primary Examiner, Art Unit 1742