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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5 and 7-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 is rendered indefinite because cellulose-based fibers, alginate viscose fibers and lyocell fibers are not synthetic fibers. For purposes of examination, Examiner is interpreting the claim to refer to the synthetic fibers being polylactic acid fibers, polypropylene fibers polyethylene terephthalate fibers and mixtures thereof.
Claim 7 is rendered indefinite because of the term “substantially” It is unclear if the basis weight is 120 g/m2 or a number relatively close to 120 g/m2. For purposes of examination, Examiner is interpreting the claim to refer to a basis weight of 120 g/m2.
Claim 8 is rendered indefinite because it is unclear as to what “expanded sublayer refers. It is unclear as to what the term “expanded” is describing in regards to the sublayer. It is unclear if the term “expanded” refers to the structure of the sublayer being an expanded polyurethane or if the term “expanded” refers to the location of the sublayer to the protective layer. For purposes of examination, Examiner is interpreting the claim to refer to the location of the sublayer to the protective layer.
Claim 9 is rendered indefinite because it is unclear as to what “expanded sublayer refers. It is unclear as to what the term “expanded” is describing in regards to the sublayer. It is unclear if the term “expanded” refers to the structure of the sublayer being an expanded polyurethane or if the term “expanded” refers to the location of the sublayer to the protective layer. For purposes of examination, Examiner is interpreting the claim to refer to the location of the sublayer to the protective layer.
Claim 9 is rendered indefinite because of the term “substantially”. It is unclear if the thickness is 0.35 mm or a number relatively close to 0.35 mm. For purposes of examination, Examiner is interpreting the claim to refer to a thickness of 0.35 mm.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-9 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schneider et al., EP 2943352.
Regarding claims 1, 3, 5 and 11, paragraph 0001 of Schneider discloses a nonwoven fabric as a carrier for a coating. Paragraphs 0018-0019 disclose a nonwoven fabric including a mixture of synthetic fibers and natural fibers wherein the synthetic fibers can include polyethylene terephthalate fibers and the natural fibers can include hemp fibers and flax fibers with the ratio of the natural fibers to the synthetic fibers ranges from 9:1 to 1:9. Paragraph 0016 discloses that the polyethylene terephthalate fibers are hydrophilic fibers. Paragraph 0020 discloses that the hydrophilic fibers are 20 wt% to 100 wt% based on the total weight of the nonwoven fabric. Paragraph 0030 discloses that the fibers have a length of 30 mm to 70 mm. Paragraphs 0069-0070 disclose a coating system applied to the nonwoven wherein the coating system can include polyurethane varnish. Paragraph 0076-0077 discloses an adhesive layer between the nonwoven carrier and the coating system. Paragraph 0076 discloses that the adhesive can include polyurethane. Applicant’s claim 1 is not specific to the protective layer. Examiner is interpreting the adhesive layer as Applicant’s protective layer.
Regarding claim 2, Schneider discloses a nonwoven [0001]. Claim 2 is a product-by-by process claim. "Even 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). See MPEP 2113. The manner in which the claimed product is manufactured does not make it a different product from the prior art if the claimed product and the prior art product have the same structural limitations.
Regarding claim 4, Applicant’s claim recites a mass content of residues of the natural fibers of less than 10% which can include 0%. Schneider does not disclose a mass content of residues of the natural fibers.
Regarding claims 6-7 paragraph 0062 discloses that the nonwoven has a basis weight of 10 to 200 g/m2.
Regarding claims 8-9, paragraphs 0069-0070 disclose a coating system applied to the nonwoven wherein the coating system can include polyurethane varnish. Paragraph 0076-0077 discloses an adhesive layer between the nonwoven carrier and the coating system. Paragraph 0076 discloses that the adhesive can include polyurethane. Applicant’s claims are not specific to the protective layer. Examiner is interpreting the adhesive layer including polyurethane as Applicant’s protective layer. Applicant’s claims 8-9 are not specific to the “expanded sublayer”. Examiner is interpreting Schneider’s polyurethane coating as Applicant’s sublayer. Paragraph 0073 discloses that the polyurethane coating system has a thickness ranging from 0.01 mm to 0.5 mm.
Claims 1-2, 4-5 and 10-11 are rejected under 35 U.S.C. 102(a)(1) & (a)(2) as being anticipated by Kim et al., U.S. Pre Grant Publication 2013/0210309.
Regarding claims 1 and 10-11, Kim discloses a multilayer structure [covering] for a vehicle interior material [rigid support] [abstract and 0002]. Paragraph 0012 discloses that the multilayer structure includes a reinforcement sheet including natural and synthetic fibers and a coating film on the outer side surface of the reinforcement sheet. Paragraph 0017 discloses that the natural fiber and the synthetic fiber are mixed at a ratio of 1:9 to 9:1. Paragraph 0018 discloses that the natural fiber and the synthetic fiber have a length ranging from 40 to 120 mm. Paragraph 0025 discloses that the reinforcement sheet is formed by needle punching [nonwoven]. Paragraph 0024 discloses that the coating can include urethane acrylic oligomer [polyurethane based].
Regarding claim 2, Kim discloses in paragraph 0025 that the reinforcement sheet is formed by needle punching [nonwoven]. Claim 2 is a product-by-by process claim. "Even 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). See MPEP 2113. The manner in which the claimed product is manufactured does not make it a different product from the prior art if the claimed product and the prior art product have the same structural limitations.
Regarding claim 4, Applicant’s claim recites a mass content of residues of the natural fibers of less than 10% which can include 0%. Kim does not disclose a mass content of residues of the natural fibers.
Regarding claim 5, paragraph 0021 discloses that the synthetic fibers include polyethylene terephthalate fibers, polypropylene fibers or polylactic acid fibers [0022].
Claim 12 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Applicant claims a method for producing a covering element as recited in claim 11, further including wherein the step of providing natural fibers comprises a prior step of refinement and defibrillation of the natural fibers so as to obtain a natural fiber composition having a mass content of residues of less than 10%. The closest prior art, Schneider et al., EP 2943352, teaches a nonwoven fabric as a carrier for a coating. Paragraphs 0018-0019 disclose a nonwoven fabric including a mixture of synthetic fibers and natural fibers wherein the synthetic fibers can include polyethylene terephthalate fibers and the natural fibers can include hemp fibers and flax fibers with the ratio of the natural fibers to the synthetic fibers ranges from 9:1 to 1:9. Paragraph 0016 discloses that the polyethylene terephthalate fibers are hydrophilic fibers. Paragraph 0020 discloses that the hydrophilic fibers are 20 wt% to 100 wt% based on the total weight of the nonwoven fabric. Paragraph 0030 discloses that the fibers have a length of 30 mm to 70 mm. Paragraphs 0069-0070 disclose a coating system applied to the nonwoven wherein the coating system can include polyurethane varnish. Paragraph 0076-0077 discloses an adhesive layer between the nonwoven carrier and the coating system. Paragraph 0076 discloses that the adhesive can include polyurethane. Schneider fails to teach or suggest wherein the step of providing natural fibers comprises a prior step of refinement and defibrillation of the natural fibers so as to obtain a natural fiber composition having a mass content of residues of less than 10%.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMIE S THOMPSON whose telephone number is (571)272-1530. The examiner can normally be reached 8:30 am - 5:30 pm.
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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786