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 Objections
Claims 14 and 15 objected to because of the following informalities: Claim 13 appears to be missing. If there are several claims, they shall be numbered consecutively in Arabic numerals, See 37 C.F.R. 1.75. Appropriate correction is required.
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) 1-12 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over USPN. 10,066,065 to Hsiao.
Regarding Claims 1-4, 6-8, 10-11 and 14-15
Hsiao teaches a continuous process for production of z-threaded fiber reinforced polymer composites comprising providing a pre-formed fiber fabric comprising a plurality of fibers oriented in parallel or crossing such as unidirectional (weft removed) woven or nonwoven fabric and wherein the fibers may be carbon fibers (Hsiao, abstract, fig. 8, column 6, line 62-col 7, line 12, column 12, lines 59-63).
Hsiao teaches then providing a pre-formed solidified film having a film thickness dimension, a heat-meltable base matrix material such as a thermoplastic resin in combination with a plurality of z-aligned nanofibers having a diameter between 0.001 and 1 micrometer (Id., fig. 7, column 3, lines 13-23 column 4, line 4). Hsiao teaches that the length is greater than 5 times the diameter which overlaps the claimed range of between 10 and 1500 or between 100 and 500 micrometers (Id.). Hsiao teaches delivering the solidified film into juxtaposed relation across one face of the fiber fabric (Id., column 11, line 43- column 12, line 7-55).
Hsiao teaches advancing the film and fiber fabric in layered relation through a constricting matrix transfer station, heated to a temperature at or above the melting point of the matrix wherein the fibers and matrix flow into the fabric, the matrix transfer station comprising a constricting processing gap urging the film towards the fiber fabric (Id.). Hsiao teaches that the matrix transfer station may comprise a top plate and a bottom plate defining a channel for passage of the film and fiber fabric in stacked relation during processing, a cooling element disposed in operative relation to the top plate to maintain the top plate at a temperature below the melting point (maintain a solid state), one or more heating elements disposed in operative relation to the bottom plate to maintain the bottom plate at a temperature at or above the melting point, and or a vacuum applied across the face of the fiber fabric facing away from the film within the matrix transfer station (Id.). Hsiao teaches chemical surface treatments (surfactant, chemical reaction agents) may be applied to the film prior to the matrix transfer station (Id., column 7, lines 13-30).
Hsiao teaches that the at least one of the pre-formed fabric or film are monitored by a sensor upstream from the matrix transfer station (Id., col 7, lines 53-65). Hsiao teaches that the resulting composite is removed from the matrix transfer station and permitted to cool (Id.).
In the event it is shown that Hsiao does not disclose the claimed invention, including the claimed ranges, with sufficient specificity, the invention is obvious because Hsiao discloses the claimed constituents and discloses that they may be used alternatively or in combination, and Hsiao discloses each of the ranges which substantially overlap with the claimed ranges, to successfully practice the invention of Hsiao based on the totality of the teachings of Hsiao. It should be noted that in the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art, a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). The existence of overlapping or encompassing ranges shifts the burden to Applicant to show that his invention would not have been obvious. In re Peterson, 315 F.3d 1325, 1330 (Fed. Cir. 2003).
Regarding Claim 5
Hsiao does not specify the thickness of the film component. However, it should be noted that the thickness of the film is a result effective variable. As the thickness increases, the resulting composite possesses higher amounts of matrix resin at the expense of cost, bulk, weight and potentially melting time or energy input costs. Absent unexpected results, it would have been obvious to one of ordinary skill in the art at the time the invention was made to optimize the thickness of the film since it has been held that where general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 105 USPQ 233 (CCPA 1955). In the present invention one would have been motivated to optimize the thickness of the film in order to provide the desired amount of matrix resin for the intended application while minimizing waste, cost and difficulty in processing.
Regarding Claim 9
Hsiao does not appear to teach at least a majority of nanofibers having lengths in the range of 100 to 500 nm are aligned in the thickness dimension such that the ends of those fibers have a difference in elevation measured in the thickness dimension between 55% and 100% of the fiber length. However, Hsiao teaches that the average angle of alignment of the nanofibers has a standard deviation of less than 20 degrees which would necessarily result in a majority of the fibers meeting the claimed limitation (Hsiao, abstract, column 8, line 55- column 9, line 65).
Regarding Claim 12
Hsiao teaches the matrix transfer station may comprise tapered-die-pultrusion but does not specifically teach the ratio between the inlet spacing to outlet spacing between the top and bottom plate (Hsiao, column 11, lines 43-52). It should be noted that the ratio between the two openings is a result effective variable. As the difference between the sizes of the two openings increases, the material exhibits greater compaction and consolidation at the expense of higher pressure within the system. Absent unexpected results, it would have been obvious to one of ordinary skill in the art at the time the invention was made to optimize the size of the outlet opening relative to the inlet opening since it has been held that where general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 105 USPQ 233 (CCPA 1955). In the present invention one would have been motivated to optimize the ratio of openings in order to maximize compaction and consolidation without resulting in pressures which would adversely affect the processing apparatus.
Conclusion
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/VINCENT TATESURE/Primary Examiner, Art Unit 1786