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 .
Claim Rejections - 35 USC § 102/103
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.
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) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over DePue et al. (US 7014208 B2) (“DePue”).
With respect to claim 1, DePue discloses a structure comprising a first side comprising a thermoplastic material – element 32 - and a second side – element 26 - chemically bonded to the first side by injection molding, the second side comprising a resin material (abstr., col. 3, lines 3-54). It has been interpreted that the first and second sides are chemically bonded as DePue discloses that the materials of the sides are heated and melted to form bond therebetween (col. 5, lines 17-20).
Regarding claims 2 and 3, DePue teaches the structure of claim 1, wherein the thermoplastic material comprises a thermoplastic elastomer which comprises thermoplastic polyolefin (col. 3, lines 30-36).
As to claims 4 and 5, DePue teaches the structure of claim 1, wherein the resin material comprises a polyolefin, wherein the polyolefin comprises polypropylene (col. 3, lines 16-21).
With respect to claim 6, DePue teaches the structure of claim 1, wherein the thermoplastic material comprises a tear seam – element 20A (col. 5, lines 56-62, Fig. 2).
Regarding claim 7, DePue teaches the structure of claim 6, wherein the tear seam comprises a molded portion of the thermoplastic material that is thinner than a surrounding portion of the thermoplastic material – at 20A, Fig. 2 (col. 5, lines 56-62).
As to claim 8, DePue teaches the structure of claim 1, wherein the first side comprises a textured outer surface (col. 3, lines 37-38).
With respect to claim 9, DePue teaches the structure of claim 1, wherein the second side comprises a surface feature – elements 66 and 68 - configured to interface with a vehicle component – an airbag (col. 6, lines 3-25, Fig. 2).
Regarding claim 10, DePue teaches the structure of claim 9, wherein the vehicle component comprises an airbag – element 23 - housed by the surface feature of the second side (col. 6, lines 3-25, Fig. 2).
Claim(s) 11-18 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over DePue et al. (US 7014208 B2) (“DePue”).
With respect to claim 11, DePue discloses a method comprising injection molding a resin material – material forming element 26 - to a thermoplastic material – material forming element 32 (col. 3, lines 45-50, col. 5, lines 3-18), thereby chemically bonding the resin material to the thermoplastic material - the materials of the sides are heated and melted to form a bond therebetween (col. 5, lines 17-20), and forming a structure comprising a first side comprising the thermoplastic material – element 32 - and a second side comprising a resin material – element 26 – (col. 3, lines 3-54, Fig. 2).
Regarding claims 12 and 13, DePue teaches the method of claim 11, wherein the thermoplastic material comprises a thermoplastic elastomer which comprises thermoplastic polyolefin (col. 3, lines 30-36).
As to claims 14 and 15, DePue teaches the method of claim 11, wherein the resin material comprises a polyolefin, wherein the polyolefin comprises polypropylene (col. 3, lines 16-21).
As to claim 16, DePue teaches the method of claim 11, comprising forming a texture on an outer surface of the thermoplastic material (col. 3, lines 37-38).
With respect to claim 17, DePue teaches the method of claim 11, comprising forming a tear seam – element 20A - in the thermoplastic material (col. 1, lines 57-59, col. 2, lines 66-67, col. 5, lines 56-62, Fig. 2).
Regarding claim 18, DePue teaches the method of claim 17, wherein forming the tear seam comprises molding a portion of the thermoplastic material to be thinner than a surrounding portion of the thermoplastic material – at 20A, Fig. 2 (col. 3, lines 46-48, col. 5, lines 6-13, 56-62).
Claim(s) 20 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Schum et al. (US 2015/0367543 A1) (“Schum”).
With respect to claim 20, Schum discloses a method (abstr.) comprising loading a sheet of a thermoplastic material into a frame (0011-0017, 0022, 0026, 0027), heating the thermoplastic material (0016, 0054), placing the frame into an injection tool (0026), injecting a resin material onto one side of the thermoplastic material (0015, 0054), thereby chemically bonding the resin material to the thermoplastic material – it has been interpreted that the resin material is chemically bonded to the thermoplastic material as Schum discloses that a strong, form-fitting bond forms between the resin material and the thermoplastic material, the bond being manifested in the subsequent cooling or heating operation (0054), forming a structure comprising a first side comprising the thermoplastic material and a second side comprising the resin material (0018, 0054), and ejecting the structure from the injection tool (0054).
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) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over DePue, in view of Sapak et al. (US 2012/0104784 A1) (“Sapak”).
With respect to claim 19, DePue teaches the method of claim 11, but is silent regarding a step of trimming at least one of excess thermoplastic material and excess resin material after the molding. Sapak discloses a trim panel for a vehicle formed by injection molding, wherein the method includes trimming the excess material of the panel (0052, 0053). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to trim the excess thermoplastic material and/or excess resin material after the molding of the structure as disclosed in DePue as it is known in the art of vehicle structures formed by injection molding to trim excess materials.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOANNA PLESZCZYNSKA whose telephone number is (571)270-1617. The examiner can normally be reached M-F ~ 11:30-8.
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/Joanna Pleszczynska/
Primary Examiner, Art Unit 1783
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