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 1 – 20 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. The Examiner relies on ACT – Test Panels website: Gravelometer Testing: Purpose, Benefits, and Procedure as evidence.
Claim 1 recites the limitation of “…and wherein the second skin provides impact
resistance to the thermoplastic composite article to permit the thermoplastic composite article to pass a gravelometer test.” While the Specification provides examples of various gravelometer tests and potential criteria for passing some tests, the metes and bounds of passing a gravelometer test is not clearly defined. For example, as shown on ACT – Test Panels website: Gravelometer Testing: Purpose, Benefits, and Procedure, the results of a gravelometer can be a rating number that is equivalent to a certain number or range of chips. However, depending on the desired end use or other criteria, passing for one user may not be considered passing for another user. As the test is not clearly defined and the determination of passing is not clearly defined, this is considered to be akin to reference to an object (e.g. gravelometer test) that is variable which would render the claim indefinite. For purposes of examination, the Examiner will interpret any material meeting the claimed limitations could be tested with any gravelometer test and considered passing.
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. 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.
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 teaches 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. It is reasonable to presume that the second skin provides impact resistance to the thermoplastic composite article to permit the thermoplastic composite article to pass a gravelometer test is inherent to Conover. Said presumption is based upon Conover’s disclosure of 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 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. Burden is upon Applicant to prove otherwise. Fitzgerald, In re, 619 F.2d 67, 205 USPQ 594 (CCPA 1980).
Regarding claim 9, paragraph 0019 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 discloses that the fibers of the core can include glass fibers, natural fibers, mineral fibers, metal fibers, natural fibers, ceramic fibers. Paragraph 0012 discloses a porous core.
Claims 1, 6-13 and 18-20 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.
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 teaches 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. It is reasonable to presume that the second skin provides impact resistance to the thermoplastic composite article to permit the thermoplastic composite article to pass a gravelometer test is inherent to Park. Said presumption is based upon Park’s disclosure of 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. 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 discloses that the basis weight of the core ranges from 500 gsm to about 1600 gsm.
Regarding claims 7 and 19, paragraph 0006 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 discloses that the second layer has a basis weight of about 500 gsm to about 3000 gsm. Additionally, paragraph 0006 discloses that the second layer can include polypropylene.
Regarding claim 9, paragraph 0006 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 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 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 discloses that the adhesive layer can include a thermoplastic material.
Regarding claim 13, paragraph 0053 discloses that the adhesive can include a polyolefin such as polyethylene or polypropylene.
, 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.
Park, above, remains relied upon for claim 1.
Regarding claims 2-3 and 14-15, Park is 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 automotive vehicle 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.
Regarding claims 4-5 and 16-17, Park is silent to a second skin comprising a bi-directional 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 automotive vehicle structural components. One of ordinary skill in the art before the effective filing date of the invention would orient the fibers bi-directionally in the second skin [layer] of Park to obtain enhanced load floor deflection.
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
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