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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-12 in the reply filed on 24 October 2025 is acknowledged.
Claim Objections
Claim 11 is objected to because of the following informalities: claim 11 recites: (1) in lines 2-3, “the coating layer comprises at least one of a painted layer, a scratch resistant coating layer;” and (2) in lines 1-3, “arranged on the over-molding resin” with regards to the location of the coating layer twice in the claim. Regarding (1), this appears to be a typographical error where the examiner suspects the intent of the applicant was to recite this portion of the claim as “the coating layer comprises at least one of a painted layer, and a scratch resistant coating layer” and will be examined on the merits as such. Regarding (2), the recitation in question is redundant, the examiner recommends deleting one of these recitations to ensure more concise claim language. Appropriate correction is required.
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.
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 1-9, 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Number 11,331,890 (hereinafter “Zhao”), in view of United States Patent Application Publication No. US 2013/0142988 (hereinafter “Grelin”), and further in view of United States Patent Application Publication No. US 2016/0176153 (hereinafter “Dietz”).Regarding claim 1 Zhao teaches a polymeric sandwich structure, which undergoes a molding process, comprising fibers and a polymer matrix (molded part comprising a composite sandwich structure) (abstract and column 6, lines 44-47). Zhao teaches the polymeric sandwich structure (composite sandwich structure) 10 comprises a first layer (first substrate) 12 including a first fiber reinforcing sheet (first reinforcing fiber) 16, a third layer (resin layer) 24 formed from a third polymer matrix 26 arranged adjacent to the first layer (first substrate) 12, and a second fiber reinforcing sheet (second reinforcing fiber) 22 arranged adjacent to the first layer (first substrate) 12 (abstract; column 4, lines 22-40; and Figures 1-2). Zhao does not explicitly teach the first reinforcing fiber is attached to the first layer (first substrate) 12 using thread. Grelin teaches a method of making a preform, the preform comprising one or several layers of reinforcement fibers 3 sewn on a support (substrate) 2 by means of at least one attachment yarn (thread) 4 (abstract and Figures 1-3). Grelin teaches the reliability and the reproducibility of this method is based on a controlled distribution of the resin and of the fibers, where good localization of the fibers and of the resin leads to a volume level and acceptable impregnation, and therefore to known and controlled mechanical properties (paragraphs [0050] – [0051]). Grelin also teaches the method results in parts with a thermoplastic matrix with controlled and flexible draping in terms of fiber orientation, and the method may be automated (paragraphs [0052] – [0053]). Zhao and Grelin are analogous inventions in the field of fiber reinforced composites. It would have been obvious to a person having ordinary skill in the art at the time of the invention to modify the first layer (first substrate) 12 of Zhao with the reinforcement fibers 3 sewn thereon by an attachment yarn (thread) 4 to provide a controlled distribution of the resin and of the fibers, resulting in acceptable impregnation, and the formed product having known and controlled mechanical properties. Zhao does not explicitly teach an over-molding resin encapsulating at least one side of the polymeric sandwich structure (composite sandwich structure) 10. Dietz teaches a sandwich component with a class-A surface without cumbersome reworking of the visible surface of the sandwich component (abstract). Dietz teaches the class-A surface (surface lining or RIM (Reaction Injection Molding) layer 5) is applied to the visible side and/or around the outer edges (encapsulating at least one side of the sandwich structure), where no disturbing undulation, such as is otherwise conventional, remains on the surface of the component (paragraphs [0008], [0020], [0073] and [0076], and Figure 3). Dietz also teaches the sandwich component is compressed and hardened in a compression molding tool to form a component, and the class-A surface, in the form of the RIM layer (over-molding resin) 5, is subsequently applied to the component in a Reaction Injection Molding (RIM) process (paragraph [0008]). Dietz teaches a “class-A surface” is to be understood to mean that unevennesses, in particular undulations, on the surface of the component owing to the face-side edges of the honeycomb core are eliminated to such an extent that painting of the component without subsequent removal of such unevennesses is possible (paragraph [0009]). Zhao and Dietz are analogous inventions in the field of composite sandwich structures. It would have been obvious to a person having ordinary skill in the art at the time of the invention to modify the polymeric sandwich structure (composite sandwich structure) 10 with the RIM layer (over-molding resin) 5 of Dietz to form a class-A surface without cumbersome reworking of the visible surface of the sandwich component to remove unevenness and permit painting of the component.Regarding claim 2 In addition, Zhao teaches the polymeric sandwich structure (molded part comprising a composite sandwich structure) 10 further comprises a second layer (second substrate) 18 formed of a second polymer matrix 20 (column 4, lines 22-40; and Figures 1-2). Zhao teaches each of the first, second and third polymer matrices may include a thermoplastic polymer (column 2, lines 1-3). Zhao also teaches the first, second and third polymer may be made of the same material as each other (column 2, lines 12-13). Zhao does not explicitly teach: the second fiber reinforcing sheet (second reinforcing fiber) 22 is attached to the second layer (second substrate) 18 using thread; the first reinforcing fiber is commingled with a first fiber comprising thermoplastic resin; the second reinforcing fiber is commingled with a second fiber comprising the thermoplastic resin; and the first substrate and second substrate comprise the thermoplastic resin. As previously mentioned, Grelin teaches a method of making a preform, the preform comprising one or several layers of reinforcement fibers 3 sewn on a support (substrate) 2 by means of at least one attachment yarn (thread) 4 (abstract and Figures 1-3). Grelin also teaches the layers of resin and of fibers are alternately deposited until the desired number of layers are obtained (paragraph [0041]). Grelin teaches the reliability and the reproducibility of this method is based on a controlled distribution of the resin and of the fibers, where good localization of the fibers and of the resin leads to a volume level and acceptable impregnation, and therefore to known and controlled mechanical properties (paragraphs [0050] – [0051]). Grelin also teaches the method results in parts with a thermoplastic matrix with controlled and flexible draping in terms of fiber orientation, and the method may be automated (paragraphs [0052] – [0053]). Zhao and Grelin are analogous inventions in the field of fiber reinforced composites. It would have been obvious to a person having ordinary skill in the art at the time of the invention to modify the second layer (second substrate) 18 of Zhao with the reinforcement fibers 3 sewn thereon by an attachment yarn (thread) 4 to provide a controlled distribution of the resin and of the fibers, resulting in acceptable impregnation, and the formed product having known and controlled mechanical properties. Grelin teaches depositing a thermoplastic resin layer 5a, 5b on the support (substrate) 2 or on the reinforcement fibers 3 (abstract and paragraph [0041]). Grelin teaches the resin layer may be a layer of thermoplastic yarns (first reinforcing fiber is commingled with a first fiber comprising thermoplastic resin and second reinforcing fiber is commingled with a second fiber comprising the thermoplastic resin) 5b which are also sewn in place (Figure 3; and paragraphs [0041] – [0044]). Grelin teaches good localization of the carbon fibers and of the resin in the form of yarns 5b or films leads to a volume level and acceptable impregnation (paragraph [0051]). Therefore, it would have been obvious to a person having ordinary skill in the art at the time of the invention to modify each of the first reinforcing fibers sewn on the first layer (first substrate) 12 and the second reinforcing fibers sewn on the second layer (second substrate) 18 from the combination of Zhao and Grelin with the layer of thermoplastic yarns (first fiber comprising thermoplastic resin and second fiber comprising the thermoplastic resin) 5b to ensure acceptable impregnation of the sewn reinforcing fibers. Grelin also teaches to have perfect compatibility, the thermoplastic resin used should be the same throughout different components (paragraph [0047]). Therefore, it would have been obvious to a person having ordinary skill in the art at the time of the invention to modify the thermoplastic resins used for: the layer of thermoplastic yarns (first fiber comprising thermoplastic resin and second fiber comprising the thermoplastic resin) 5b (from Grelin); the first layer (first substrate) 12 (from Zhao); and the second layer (second substrate) 18 (from Zhao) to all be the same thermoplastic resin to ensure perfect compatibility between these components. Regarding claim 3 In addition, Zhao teaches the polymeric sandwich structure (composite sandwich structure) 10 is compression molded (column 6, lines 44-47). Dietz teaches the sandwich component is compression molded prior to the application of the class-A surface in a Reaction Injection Molding process (over-molding process) (paragraph [0008]), which corresponds to a compression molding process being performed prior to encapsulation in the over-molding resin. Dietz does not explicitly teach the RIM layer (over-molding resin) 5 comprises the thermoplastic resin (same thermoplastic resin as the first substrate, the second substrate, the first fiber, and the second fiber from claim 2). As previously noted, Zhao also teaches the first, second and third polymer may be made of the same material as each other (column 2, lines 12-13). Moreover, Grelin teaches to have perfect compatibility, the thermoplastic resin used should be the same throughout different components (paragraph [0047]). Therefore, it would have been obvious to a person having ordinary skill in the art at the time of the invention to modify the resin in the RIM layer (over-molding resin) 5 of Dietz with the same resin of the components (first fiber comprising thermoplastic resin, second fiber comprising the thermoplastic resin, first substrate, and second substrate) from the combination of Zhao and Grelin to achieve perfect compatibility between these components. Alternatively, the use of product-by-process limitations has been noted in claim 3, for example, "the first substrate and the second substrate including the second reinforcing fiber are compression molded prior to encapsulation in the over-molding resin". "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process", In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). Further, "although produced by a different process, the burden shifts to applicant to come forward with evidence establishing an unobvious difference between the claimed product and the prior art product", In re Marosi, 710 F.2d 798, 802, 218 USPQ 289, 292 (Fed. Cir.1983). See MPEP § 2113. Regarding claim 4 The limitations for claim 1 have been set forth above. In addition, Zhao teaches the polymeric sandwich structure (molded part comprising a composite sandwich structure) 10 further comprises a second layer (second substrate) 18 formed of a second polymer matrix 20 (column 4, lines 22-40; and Figures 1-2). Zhao teaches the first layer (first substrate) 12 comprises a first fiber reinforcing sheet 16, and the second layer (second substrate) 18 comprises a second fiber reinforcing sheet 22, where each of the first and second reinforcing sheets 16, 22 comprise reinforcing fibers, and the reinforcing fibers include glass fibers (column 1, lines 43-44, column 2, lines 3-4, and column 4, lines 24-29), which corresponds to the first layer (first substrate) 12 and the second layer (second substrate) 18 each comprise a glass mat fabric. Zhao teaches each of the first, second and third polymer matrices may include a thermosetting polymer (column 2, lines 1-3). Zhao also teaches the first, second and third polymer may be made of the same material as each other (column 2, lines 12-13). Zhao does not explicitly teach: the second fiber reinforcing sheet (second reinforcing fiber) 22 is attached to the second layer (second substrate) 18 using thread; the first reinforcing fiber comprises a dry reinforcing fiber; and the second reinforcing fiber comprises a dry reinforcing fiber. As previously mentioned, Grelin teaches a method of making a preform, the preform comprising one or several layers of reinforcement fibers 3 sewn on a support (substrate) 2 by means of at least one attachment yarn (thread) 4 (abstract and Figures 1-3). Grelin also teaches the layers of resin and of fibers, which are dry fibers, are alternately deposited until the desired number of layers are obtained (paragraph [0041]). Grelin teaches the reliability and the reproducibility of this method is based on a controlled distribution of the resin and of the fibers, where good localization of the fibers and of the resin leads to a volume level and acceptable impregnation, and therefore to known and controlled mechanical properties (paragraphs [0050] – [0051]). Grelin also teaches the method results in parts with a thermoplastic matrix with controlled and flexible draping in terms of fiber orientation, and the method may be automated (paragraphs [0052] – [0053]). Zhao and Grelin are analogous inventions in the field of fiber reinforced composites. It would have been obvious to a person having ordinary skill in the art at the time of the invention to modify the second layer (second substrate) 18 of Zhao with the reinforcement fibers 3 sewn thereon by an attachment yarn (thread) 4 to provide a controlled distribution of the resin and of the fibers, resulting in acceptable impregnation, and the formed product having known and controlled mechanical properties.Regarding claim 5 In addition, Zhao teaches the various polymer matrices 14, 20, 26 and fibers that may be used in the first, second and third layers 12, 18, 24, each of the first and second polymer matrices 14, 20 may include a thermoset resin matrix 48, wherein each of the first and second fiber reinforcing sheets 16, 22 (the first substrate 12 including the first reinforcing fiber 16 and the second substrate 18 including the second reinforcing fiber 22) is a prepreg 50 impregnated (infused) with the thermoset resin matrix 48 (column 7, lines 13-21 and Figures 1-2).Regarding claim 6 In addition, Zhao teaches the third layer (resin layer) 24 is formed from a third polymer matrix having graphene nanoplatelets interspersed therein (solid resin layer being a particle filled polymer) (abstract and Figures 1-3). Zhao also teaches the third layer (resin layer) 24 may also include hollow glass microspheres (solid resin layer being a glass bubble filled polymer) (column 1, line 63 through column 2, line 3, and column 6, line 66 through column 7, line 4).Regarding claim 7 In addition, Zhao teaches the reinforcing fibers may include carbon fibers, glass fibers, basalt fibers, and combinations thereof (column 2,lines 1-5, and claim 9). Regarding claim 8 In addition, Grelin teaches the reinforcement fiber 3 (at least one of the first reinforcing fiber and the second reinforcing fiber) is a continuous fiber (Figure 1). Grelin teaches good localization of the fibers and of the resin in the form of yarns 5b or films leads to a volume level and acceptable impregnation, which corresponds to the thermoplastic fiber 5b is commingled with the sewn reinforcing fibers 3 to ensure acceptable impregnation thereof (Figure 3; and paragraphs [0041] – [0042] and [0051]). Therefore, it would have been obvious to a person having ordinary skill in the art at the time of the invention to modify at least one of the first reinforcing fibers sewn on the first layer (first substrate) 12 and the second reinforcing fibers sewn on the second layer (second substrate) 18 (at least one of the first reinforcing fiber and the second reinforcing fiber) from the combination of Zhao and Grelin with the layer of thermoplastic yarns (thermoplastic fiber) 5b to ensure acceptable impregnation of the sewn reinforcing fibers.Regarding claim 9 In addition, Dietz teaches the RIM layer (over-molding resin) 5 preferably comprises polyurethane (PUR) (paragraphs [0013] and [0040]).Regarding claim 11 In addition, Dietz teaches the paintable class-A surface or RIM layer (over-molding resin) 5 may be painted (provided with a coating layer) (paragraphs [0020] and [0023]), which corresponds to a coating layer arranged on the RIM layer (over-molding resin) 5, the coating layer comprising a painted layer.Regarding claim 12 In addition, Zhao does not explicitly teach the third layer (resin layer) 24 and the second fiber reinforcing sheet (second reinforcing fiber) 22 are attached to the first layer (first substrate) 12 using thread. As previously mentioned, Grelin teaches a method of making a preform, the preform comprising one or several layers of reinforcement fibers 3 sewn on a support (substrate) 2 by means of at least one attachment yarn (thread) 4 (abstract and Figures 1-3). Grelin also teaches the layers of resin and of fibers are alternately deposited until the desired number of layers are obtained (paragraph [0041]), which corresponds to a plurality of layers sewn to each other. Grelin teaches the reliability and the reproducibility of this method is based on a controlled distribution of the resin and of the fibers, where good localization of the fibers and of the resin leads to a volume level and acceptable impregnation, and therefore to known and controlled mechanical properties (paragraphs [0050] – [0051]). Grelin also teaches the method results in parts with a thermoplastic matrix with controlled and flexible draping in terms of fiber orientation, and the method may be automated (paragraphs [0052] – [0053]). Zhao and Grelin are analogous inventions in the field of fiber reinforced composites. It would have been obvious to a person having ordinary skill in the art at the time of the invention to modify the third layer (resin layer) 24, the second fiber reinforcing sheet (second reinforcing fiber) 22, and the first layer (first substrate) 12 of Zhao with the attachment yarn (thread) 4 of Grelin to attach these components together to provide a controlled distribution of the resin and of the fibers, resulting in acceptable impregnation, and the formed product having known and controlled mechanical properties.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao, Grelin, and Dietz as applied to claim 1 above, and further in view of United States Patent Application Publication No. US 2021/0170701 (hereinafter “Huang”).Regarding claim 10 The limitations for claim 1 have been set forth above. In addition, Dietz teaches the RIM layer (over-molding resin) 5 comprises polyurethane (PUR) (paragraphs [0013] and [0040]). Zhao does not explicitly teach the third polymer matrix (resin) 26 in the third layer (resin layer) 24 is transparent, translucent, or semi-translucent. Dietz does not explicitly teach the RIM layer (over-molding resin) 5, that forms the class-A surface, is transparent, translucent, or semi-translucent. Huang teaches class-A components (CAC) (abstract). Huang teaches a class-A coating can be of any clear-curing (transparent, translucent, or semi-translucent) material ideally with high UV resistance and low viscosity during injection. For example, the Class-A finish coat precursor 170 can comprise one or more of a polyurethane, an epoxy, a polyester, or a vinyl ester (paragraph [0028]). Huang also teaches the class-A finish coat can be painted (Id). Dietz and Huang are analogous inventions in the field of class-A coatings. It would have been obvious to one skilled in the art at the time of the invention to modify the materials for the RIM layer (over-molding resin) 5, that forms the class-A surface, of Dietz with the clear-curing (transparent, translucent, or semi-translucent) material of Huang to impart high UV resistance to the formed product, and low viscosity of the material during manufacturing.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN HANDVILLE whose telephone number is (571)272-5074. The examiner can normally be reached Monday through Thursday, from 9 am to 4 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Veronica Ewald can be reached at (571) 272-8519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRIAN HANDVILLE/Primary Examiner, Art Unit 1783