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 .
Applicant’s amendment and accompanying remarks filed July 20, 2026 are acknowledged.
Examiner acknowledges amended claim 1, 6, 8 and 20.
Examiner acknowledges cancelled claims 21-31.
The rejection of claims 1-20 under 35 U.S.C 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph is overcome by Applicant’s amendment.
The rejection of claims 1-5 and 9-10 under 35 U.S.C. 102(a)(1) & (a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Conover et al., U.S. Pre Grant Publication 2007/0238378 is overcome by Applicant’s amendment.
The rejection of claims 1, 6-13 and 18-20 under 35 U.S.C. 102(a)(1) & (a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Park et al., U.S. Pre Grant Publication 20170050408 is overcome by Applicant’s amendment.
The rejection of claims 2-5 and 14-17 are rejected under 35 U.S.C. 102(a)(1) & (a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Park et al., U.S. Pre Grant Publication 2017/0050408 and in view of Conover et al., U.S. Pre Grant Publication 2007/0238378 is overcome by Applicant’s amendment.
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.
Claims 1-5 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Conover et al., U.S. Pre Grant Publication 2007/0238378 in view of Cavaliere et al., U.S. Patent Number 11,458,719.
Regarding claims 1-5, Conover discloses a multi-layered fiber reinforced sheet comprising a fiber reinforced thermoplastic core having a first reinforcing skin applied to the first surface of the core and a second reinforcing skin applied to the second surface of the core [abstract and 0004]. Paragraph 0011 discloses a porous core. Paragraph 0012 discloses that the core includes a web of open cell structures. Paragraph 0004 discloses that each of the first and second reinforcing skin includes reinforcing fibers and thermoplastic resin wherein the fibers are arranged in a bi-directional orientation. Reference claim 9 discloses that the reinforcing fibers in any one reinforcing skin can include a unidirectional orientation or bidirectional orientation. Reference claim 12 discloses that fibers in the first and second reinforcing fibers can include metal fibers, metalized inorganic fibers, glass fibers, ceramic fibers, carbon fibers, mineral fibers, natural fibers, graphite fibers, inorganic fibers.
Conover is silent to the second skin comprising a matrix comprising a plurality of arranged fibers held in place by an amorphous thermoplastic material, wherein the amorphous thermoplastic material is amorphous polyethylene, amorphous polypropylene, amorphous polyethylene terephthalate, amorphous polystyrene, amorphous polycarbonate, amorphous polysulfone, amorphous polyetherimide, amorphous polymethyl methacrylate, amorphous acrylonitrile butadiene styrene and combinations and blends thereof. Cavaliere discloses a sandwich panel comprises a core material bonded to two skins made of composite material wherein the core material has a cellular structure [porous] and each skin is formed of a fibrous reinforcement embed in a thermoplastic matrix [column 12, lines 1-9]. Cavaliere discloses that each skin is made of a composite material with fibrous reinforcement embedded in a thermoplastic matrix comprising an amorphous film all or part of an outer surface [column 4, lines 28-34]. It is disclosed in column 4, lines 10-13 of Cavaliere that the amorphous thermoplastic is polyetherimide, polyether sulfone, polysulfone and polyvinylidene fluoride. Applicant’s claim 1 is not specific to the first skin. Applicant’s claim 1 does not exclude the first skin from being made of a composite material with fibrous reinforcement embedded in a thermoplastic matrix comprising an amorphous film all or part of an outer surface. It is disclosed In column 12, lines 60-61 that the composite has good mechanical strength. Conover and Caviliere are analogous art in that both references are directed to a composite structure including a porous core sandwiched between two skin layers comprising a thermoplastic matrix. One of ordinary skill in the art before the effective filing date of the invention would utilize the amorphous thermoplastic resin in Caviliere as the thermoplastic resin in Conover for the benefit of obtain a composite structure having enhanced mechanical strength.
The combination of Conover and Caviliere teach the claimed invention but fails to teach wherein the second skin provides impact resistance to the thermoplastic composite article to permit the thermoplastic composite article to pass a gravelometer test as specified in SAE Standard J400 dated October 23, 2012, wherein the thermoplastic composite article can withstand fifty or more individual impacts under the gravelometer test without damage to the thermoplastic composite article. It is reasonable to presume that thereof, and wherein the second skin provides impact resistance to the thermoplastic composite article to permit the thermoplastic composite article to pass a gravelometer test as specified in SAE Standard J400 dated October 23, 2012, wherein the thermoplastic composite article can withstand fifty or more individual impacts under the gravelometer test without damage to the thermoplastic composite article is inherent to the combination of Conover and Caviliere. Said presumption is based upon the disclosure of Conover and Caviliere above. Burden is upon Applicant to prove otherwise. Fitzgerald, In re, 619 F.2d 67, 205 USPQ 594 (CCPA 1980).
Regarding claim 9, paragraph 0019 of Conover discloses that the thermoplastic material used to form the core includes polyolefins such as polyethylene or polypropylene, polyesters, polybutadiene, acrylonitrylstyrene, polystyrene, polyethylene terephthalate.
Regarding claim 10, paragraph 0013 of Conover discloses that fibers of the core can include glass fibers, natural fibers, mineral fibers, metal fibers, natural fibers, ceramic fibers. Paragraph 0012 discloses a porous core.
4. Claims 1, 6-13 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al., U.S. Pre Grant Publication 2017/0050408 in view of Cavaliere et al., U.S. Patent Number 11,458,719.
Regarding claim 1, Park discloses a thermoplastic article comprising a plurality of porous layers coupled to each other wherein the article may comprise a core layer, a first layer [skin] disposed one surface of the core layer and a second layer [skin] disposed on another surface of the core layer [abstract, 0005 and Figures 1-3]. Applicant's claim does not exclude all layers from being porous. Paragraph 0005 discloses that the first layer comprises a web of opened cell structures formed by a plurality of reinforcing materials bonded together with a thermoplastic material. Additionally, paragraph 0005 discloses that the second layer comprises a web of open celled structures formed by a plurality of reinforcing materials bonded together with a thermoplastic material.
Park is silent to the second skin comprising a matrix comprising a plurality of arranged fibers held in place by an amorphous thermoplastic material, wherein the amorphous thermoplastic material is amorphous polyethylene, amorphous polypropylene, amorphous polyethylene terephthalate, amorphous polystyrene, amorphous polycarbonate, amorphous polysulfone, amorphous polyetherimide, amorphous polymethyl methacrylate, amorphous acrylonitrile butadiene styrene and combinations and blends thereof. Cavaliere discloses a sandwich panel comprises a core material bonded to two skins made of composite material wherein the core material has a cellular structure [porous] and each skin is formed of a fibrous reinforcement embed in a thermoplastic matrix [column 12, lines 1-9]. Cavaliere discloses that each skin is made of a composite material with fibrous reinforcement embedded in a thermoplastic matrix comprising an amorphous film all or part of an outer surface [column 4, lines 28-34]. It is disclosed in column 4, lines 10-13 of Cavaliere that the amorphous thermoplastic is polyetherimide, polyether sulfone, polysulfone and polyvinylidene fluoride. Applicant’s claim 1 is not specific to the first skin. Applicant’s claim 1 does not exclude the first skin from being made of a composite material with fibrous reinforcement embedded in a thermoplastic matrix comprising an amorphous film all or part of an outer surface. It is disclosed In column 12, lines 60-61 that the composite has good mechanical strength. Park and Caviliere are analogous art in that both references are directed to a composite structure including a porous core sandwiched between two skin layers comprising a thermoplastic matrix. One of ordinary skill in the art before the effective filing date of the invention would utilize the amorphous thermoplastic resin in Caviliere as the thermoplastic resin in Park for the benefit of obtain a composite structure having enhanced mechanical strength.
The combination of Park and Caviliere teach the claimed invention but fails to teach wherein the second skin provides impact resistance to the thermoplastic composite article to permit the thermoplastic composite article to pass a gravelometer test as specified in SAE Standard J400 dated October 23, 2012, wherein the thermoplastic composite article can withstand fifty or more individual impacts under the gravelometer test without damage to the thermoplastic composite article. It is reasonable to presume that thereof, and wherein the second skin provides impact resistance to the thermoplastic composite article to permit the thermoplastic composite article to pass a gravelometer test as specified in SAE Standard J400 dated October 23, 2012, wherein the thermoplastic composite article can withstand fifty or more individual impacts under the gravelometer test without damage to the thermoplastic composite article is inherent to the combination of Park and Caviliere. Said presumption is based upon the disclosure of Park and Caviliere above. Burden is upon Applicant to prove otherwise. Fitzgerald, In re, 619 F.2d 67, 205 USPQ 594 (CCPA 1980).
Regarding claims 6 and 18, paragraph 0006 of Park discloses that the basis weight of the core ranges from 500 gsm to about 1600 gsm.
Regarding claims 7 and 19, paragraph 0006 of Park discloses a scrim layer on the first layer. Examiner is corresponding Applicant's skin layer as Parks' first layer having a scrim layer. Park is silent to the scrim layer having a basis weight ranging from 15 gsm to 110 gsm. This is an optimizable feature. Paragraph 0050 discloses that the scrim may comprise a limiting oxygen index of greater than 22. One of ordinary skill in the art before the effective filing date of the invention would optimize the basis weight of the scrim to15 gsm to 110 gsm for the benefit of having an enhanced limiting oxygen index.
Regarding claims 8 and 20, paragraph 0006 of Park discloses that the second layer has a basis weight of about 500 gsm to about 3000 gsm. Claim 8 is dependent upon claim 1 which recites that the amorphous thermoplastic an include amorphous polyethylene, amorphous polypropylene, amorphous polyethylene terephthalate, amorphous polystyrene, amorphous polycarbonate, amorphous polysulfone, amorphous polyetherimide, amorphous polymethyl methacrylate, amorphous acrylonitrile butadiene styrene and combinations and blends thereof. The combination of Park and Caviliere provides for amorphous thermoplastic being polyetherimide, polyether sulfone, polysulfone and polyvinylidene fluoride which is encompassed in claim 1 which encompasses the limitations of claim 8.
Regarding claim 9, paragraph 0006 of Park discloses that the core can include polypropylene. Also, paragraph 0008 discloses that the core layer can include a butadiene polymer, a polyester, a polycarbonate, a polystyrene, an acrylonitrylstyrene, polyphenylene sulfide.
Regarding claim 10, paragraph 0006 of Park discloses that the reinforcing materials of the porous core layer can include glass fibers, carbon fibers, metal fibers, metalized inorganic fibers, metalized organic fibers, inorganic fibers, natural fibers, graphite fibers, ceramic fibers, synthetic organic fibers, mineral fibers.
Regarding claim 11, paragraph 0006 of Park discloses an adhesive disclosed on the on the second surface of the core layer [between the second layer and the core].
Regarding claim 12, paragraph 0053 of Park discloses that the adhesive layer can include a thermoplastic material.
Regarding claim 13, paragraph 0053 of Park discloses that the adhesive can include a polyolefin such as polyethylene or polypropylene
5. Claims 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al.,
U.S. Pre Grant Publication 2017/0050408 in view of Cavaliere et al., U.S. Patent Number 11,458,719 and in further view of Conover et al., U.S. Pre Grant Publication 2007/0238378.
Park in view of Caviliere, remain relied upon for claim 13.
Park and Caviliere are silent to a second skin comprising a unidirectional arrangement of fibers in a single ply or in at least two plies wherein the fibers in the second skin can include glass fibers, carbon fibers, organic fibers, inorganic fibers, bicomponent fibers, and combinations and blends thereof. Park does disclose in paragraph 0042 that the orientation of the fibers may depend on the desired properties. Paragraphs 0007 and 0033 of Park discloses that the composite can be used for a vehicle load floor that deflects less than 25 mm at a weight of no more than 220 kg. Conover discloses a multi-layered fiber reinforced sheet comprising a fiber reinforced thermoplastic core having a first reinforcing skin applied to the first surface of the core and a second reinforcing skin applied to the second surface of the core wherein the sheet can be used for an automotive vehicle interior structural component [abstract and 0004]. Paragraph 0011 discloses a porous core. Paragraph 0004 discloses that each of the first and second reinforcing skin includes reinforcing fibers and thermoplastic resin wherein the fibers are arranged in a bi-directional orientation. Reference claim 9 discloses that the reinforcing fibers in any one reinforcing skin can include a unidirectional orientation or bidirectional orientation. Reference claim 12 discloses that fibers in the first and second reinforcing fibers can include metal fibers, metalized inorganic fibers, glass fibers, ceramic fibers, carbon fibers, mineral fibers, natural fibers, graphite fibers, inorganic fibers. Park and Conover are analogous art in that both references disclose a composite material including a porous core material formed of a fiber reinforced thermoplastic composite having two (2) layers opposite of each other on the core wherein the first and second layers include reinforcing fibers and a thermoplastic resin wherein the composite material can be used for structural components. One of ordinary skill in the art before the effective filing date of the invention would orient the fibers unidirectionally in the second skin [layer] of Park to obtain enhanced load floor deflection.
Response to Arguments
Applicant’s arguments with respect to the present claims 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.
Applicant has amended the claims to recite that the thermoplastic matrix in the second skin is an amorphous thermoplastic including amorphous polyethylene, amorphous polypropylene, amorphous polyethylene terephthalate, amorphous polystyrene, amorphous polycarbonate, amorphous polysulfone, amorphous polyetherimide, amorphous polymethyl methacrylate, amorphous acrylonitrile butadiene styrene and combinations and blends thereof. Caviliere was brought in to show that a composite having the composite structure of Applicant’s claim has a composite structure having good mechanical strength when the second skin can include an amorphous thermoplastic. Conover, Park and Caviliere are analogous art in that the references discloses a composite material including a porous core material formed of a fiber reinforced thermoplastic composite having two (2) layers opposite of each other on the core wherein the first and second layers include reinforcing fibers and a thermoplastic resin wherein the composite material can be used for structural components. The combination is not without motivation.
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.
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
