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 Arguments
Applicant’s arguments with respect to claims 1-3,5,7,9,11, and 14 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.
Claim Objections
Claim 1 is objected to because of the following informalities: currently the range is claimed as a value of 0.1 or higher and 15.0 or lower, the language as drafted is considered to be not immediately clear and has been treated as reading 0.1 -15.0 as this is more immediately clear.
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) 1-3,5,7 are rejected under 35 U.S.C. 103 as being unpatentable over Flack (US2009/0117801) in view of Krick (US2021002890).
With respect to claim 1 Flack discloses a composite molded body (see figure 2) comprising fibers and staple fibers (para 34) wherein the composite molded body has a surface density (see para 38 a surface layer 140 is formed, there will inherently be a density, and as described one of ordinary skill would understand the skins to have a higher density than the other fiber portions of the body due to the melting), and an air permeability resistance (see para 45-50 there is necessarily an air permeability to the structure given the function to be a noise reducing element and the permeability of the structure as described therein), wherein the staple fibers are composed of synthetic fibers (para 18) and the composite molded body includes staple fibers at 50% weight percentage based on the total weight of the composite molded body (see para 25).
Flack does not expressly disclose the use of fibrillated fibers.
It is known from at least Krick (abstract) to use fibrillated fibers in an acoustic body.
It would have been obvious to a person of ordinary skill in the art before the time of the effective filing to combine the teachings of Krick to use fibrillated fibers in the fibrous body of Flack so as to enhance the binding within the fibrous body.
As it regards the specific selection of the values of the structure it is considered to be within the skill of one in the art as a matter of tuning the response given the overall structure is taught. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
With respect to claim 2 Flack as modified further discloses (Krick para 34-35) wherein the fibrillated fibers are one or more types selected from the group consisting of cellulose fine fibers (fineness is taught in the from the thicknesses disclosed), polyacrylonitrile fibrillated fibers, aramid pulp, chitin nanofibers, chitosan nanofibers, and silk fibers.
With respect to claim 3 Flack as modified further discloses wherein the fibrillated fibers comprise cellulose fine fibers (Krick para 34-35) and the cellulose fine fibers have a mean fiber size including microfibrous portions up to fibrillated ends. While not expressly disclosing a mean fiber size in the range of 10nm to 1000 nm, it would have been an obvious matter to one of ordinary skill in the art to selecta nay fiber size based upon the desired properties of available fibers to achieve the desired results of he panel formed by the fibers. Further it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
With respect to claim 5 Flack as modified (see Krick para 65) further discloses a method of forming including a wet molding method of the slurry which results in a three dimensional product. While not expressly disclosing a pulp molding method, it is considered that the process taught is such that one of orinday skill in the art would select any known wet molding method for forming the material based upon the taught slurry and the desired shape to be formed.
With respect to claim 7 Flack as modified discloses a sound absorbing material comprising a composite molded body according to claim 1 (see Flack para 2).
2.Claims 9, 11, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Flack (US2009/0117801) in view of Krick (US2021002890) as applied to claim 1 above and in further view of Ogawa (EP2333766).
With respect to claim 9 Flack as modified by Krick discloses the invention as claimed except expressly the inclusion of a support having a thickness of 5mm or greater and the composite molded body layered on the support. Ogawa discloses a multilayered sound absorbing molded structure including a support layer (see para 32 and 33 surface layer is the support layer) It would have been an obvious matter before the time of the effective filing for a person having ordinary skill in the art to combine the teachings of Ogawa to provide for a support layer with the fibrous panel of Flack as modified by Krick to provides support to the panel which would retain the desired shape of the panel during use.
With respect to claim 11 Flack as modified further discloses wherein the support is a porous material (see again para 32 ands 33 of Ogawa).
With respect to claim Flack as modified further discloses the inclusion of the respective layers. As it regards the selection of their claimed properties this would have been an obvious matter to one of ordinary skill in the art to select based upon the desired acoustic properties of the panel. It has been held that that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
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 FORREST M PHILLIPS whose telephone number is (571)272-9020. The examiner can normally be reached Monday-Friday from 9:00-5:00.
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/FORREST M PHILLIPS/ Primary Examiner, Art Unit 2837