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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-14 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 preambles of independent claims 1 and 8 recite “A laser welding structure for thermosetting resin including a glass fiber, which couples a transmission layer made of a laser beam transmission material and a non-transmission layer made of a non-transmission material to each other by laser welding, the structure comprising…” The claim is not clear, specifically “A laser welding structure for thermosetting resin including a glass fiber…” The instant specification discloses the transmission layer and the non-transmission layer comprising polyphenylene sulfide which is known in the art as a thermoplastic resin, the specification not disclosing that the resin is modified to become thermosetting. The Examiner interpreted the claims according to the specification.
Additionally, “A laser welding structure…” in claims 1 and 8 is not clear. It is not clear if the structure is to be welded using a laser or it is used to weld.
Claim 1 recites the limitation “the other surface” in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation “the other surface” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 is indefinite as it depends indirectly from claim 1, wherein claim 1 recites the thickness of the transmission layer is 1.5 mm or less, and claim 3 recites in lines 1-2 that the transmission layer has a maximum thickness of more than 1.5 mm.
Claim 3 recites the limitation “the other surface” in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation “the other surface” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites “the weld mound and the welding groove…are formed at the welding layer.” Claim 4 depends indirectly from claim 2, wherein claim 2 recites “the non-transmission layer includes a weld mount protruding from the one surface to one side”, thus, claim 4 is confusing.
Claim 6 is confusing, first it provides a condition “when the transmission layer has a maximum thickness of more than 1.5 mm” and then in the last two lines “the laser beam is transmitted to implement a thickness of 1.5 mm or less.” It is not clear what element is to have the thickness of 1.5. mm or less.
Claim 8 recites the limitation “the other surface” in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation “the other surface” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation “the other surface” in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation “the other surface” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 is confusing and not clear, first it provides a condition “when the transmission layer has a thickness more than the thickness enabling the laser beam transmittance of 20% or more” and then in the last two lines “for the transmittance of the laser beam transmitted through the transmission layer to be 20% or more.”
Claim 13 is not clear. The claim recites “wherein the transmission layer has an amount of welding by the laser beam of 0.05 mm to 0.2 mm.” Specifically, the phrase “amount of welding” is not 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, 5-7, 13, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mori et al. (US 2006/0283544 A1) (“Mori”), in view of Kihara et al. (US 2019/0351623 A1) (“Kihara”).
With respect to claim 1, Mori discloses a structure comprising a transmission layer made of a laser beam transmission material and a non-transmission layer made of a non-transmission material, the layers coupled to each other by laser welding (abstr., 0012, 0013), wherein the transmission layer is made of a resin material including glass fiber (0036, 0037), and the non-transmission layer is made of a resin material (0039), having a first surface coupled to a second surface of the transmission layer (0029), wherein the transmission layer through which a laser beam is transmitted has a thickness of about 0.5 mm to 4 mm. The range of thickness overlaps the range recited in claim 1; overlapping ranges have been held to establish prima facie obviousness (MPEP 2144.05).
Mori is silent as to the resin material of the non-transmission layer being the same resin material as that of the transmission layer, including glass fiber.
Kihara discloses a laser welded structure comprising two resin layers wherein both include a thermoplastic resin such as polyphenylene sulfide (0016-0022, 0042), the laser-absorptive layer – element 2 – including glass fiber for reinforcement (0042, 0128). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to form Mori’s non-transmission layer of the same material as the transmission layer, including glass fiber for reinforcement. It has been held to select a known material based on its suitability for its intended use to be an obvious design choice. In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960).
Regarding claim 5, Mori and Kihara teach the structure of claim 1. Mori discloses the transmission layer having a thickness of 0.5 mm to 4.0 mm (0040). The range of thickness overlaps the range recited in claim 5; overlapping ranges have been held to establish prima facie obviousness (MPEP 2144.05).
Regarding claim 6, Mori and Kihara teach the structure of claim 1. Mori discloses the thickness of the transmission layer of about 0.5 mm to 4 mm (0040). The claim recites how the structure is formed, thus, claim 6 is a product-by-process claim. For purposes of examination product-by-process claims are not limited to the manipulation of the recited steps only the structure implied by the steps (MPEP 2113). In the instant case the recited steps imply the structure of claim 6. The references disclose the structure.
As to claim 7, Mori and Kihara teach the structure of claim 1. Mori discloses the thickness of the transmission layer that overlaps the recited thickness (0040). The claim recites the method of measuring the thickness of the transmission layer, it does not provide an additional structural limitation to the structure.
With respect to claim 13, Mori and Kihara teach the structure of claim 1. Mori discloses the transmission layer is made from PPS and includes glass fiber (0037). Kihara discloses the transmission layer and the non-transmission layer are made of PPS (0022) and each layer has a glass fiber content of 5 to 120 parts by mass with respect to 100 parts by mass of each layer (0128). The range of the glass fiber content overlaps the range recited in claim 13; overlapping ranges have been held to establish prima facie obviousness (MPEP 2144.05).
Regarding claim 14, Mori and Kihara teach the structure of claim 1. Kihara discloses that the bonding strength is a result of the correct melting amount at the time of welding (0078), thus, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to optimize the amount of welding by the laser beam in the transmission layer of the structure of Mori and Kihara.
Claim(s) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mori, in view of Kihara, and further in view of Cheol et al. (KR20160016348 A1) (“Cheol”), as understood from the provided translation of the abstract and the drawings.
With respect to claim 2, Mori and Kihara teach the structure of claim 1, but are silent with respect to the non-transmission layer including a weld mound protruding from the first surface to one side as recited in the claim. Cheol discloses a welded structure wherein one of the layers includes a weld mound – element 210 – protruding from one surface to be melted by the laser beam and welded to the surface of the other layer (abstr., Figs. 6-8). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the non-transmission layer of Mori with a weld mound for welding it to the surface of the transmission layer, as weld mounds are known in the art of laser welding structures.
Regarding claim 3, Mori, Kihara and Cheol teach the structure of claim 2. Mori discloses the transmission layer including a welding layer protruding radially outward from a side – element 316 (Fig. 10A), the welding transmission layer having a second surface in contact with the first surface of the non-transmission layer – element 318, the welding transmission layer has a thickness that satisfies the range of 1.5 mm or less as the transmission layer has a thickness of 0.5 mm to 4 mm (0040).
Regarding the transmission layer having a maximum thickness of more than 1.5 mm, that limitation has been addressed in 35 USC 112(b) rejections section of this Office Action. Mori discloses the thickness of 0.5 mm to 4 mm for the thickness of the transmission layer (0040), as discussed above.
With respect to claim 4, Mori, Kihara and Cheol teach the structure of claim 3. Cheol discloses a welding groove disposed outside the weld mound in a width direction and recessed from the first surface of the layer to the second surface (Figs. 6-8), and a welding layer protruding radially outward from the side (Figs. 6-8), thus, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention that the welding layer would be in contact with the first surface of the welding transmission layer. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the non-transmission layer of Mori with a weld mound for welding it to the second surface of the transmission layer, and a welding groove, as these are known in the art of laser welding structures. It would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention that the welding layer would have a thickness greater than a depth of the welding groove to accommodate the welding groove.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mori et al. (US 2006/0283544 A1) (“Mori”), in view of Kihara et al. (US 2019/0351623 A1) (“Kihara”).
With respect to claim 8, Mori discloses a structure comprising a transmission layer made of a laser beam transmission material and a non-transmission layer made of a non-transmission material, the layers coupled to each other by laser welding (abstr., 0012, 0013), wherein the transmission layer is made of a resin material including glass fiber (0036, 0037), and the non-transmission layer is made of a resin material (0039), having a first surface coupled to a second surface of the transmission layer (0029), wherein the transmission layer has a thickness enabling a transmittance of a laser beam transmitted through the transmission layer of 25% or less (0028, 0037), or greater than 25% (0038).
The range of transmission percentage overlaps the range recited in claim 8; overlapping ranges have been held to establish prima facie obviousness (MPEP 2144.05).
Mori is silent as to the resin material of the non-transmission layer being the same resin material as that of the transmission layer, and including glass fiber.
Kihara discloses a laser welded structure comprising two resin layers which both include a thermoplastic resin such as polyphenylene sulfide (0016-0022, 0042), the laser-absorptive layer – element 2 – including glass fiber for reinforcement (0042, 0128). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to form Mori’s non-transmission layer of the same material as the transmission layer, including glass fiber for reinforcement. It has been held to select a known material based on its suitability for its intended use to be an obvious design choice. In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960).
Claim(s) 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mori, in view of Kihara, and further in view of Cheol et al. (KR20160016348 A1) (“Cheol”), as understood from the provided translation of the abstract and the drawings.
With respect to claim 9, Mori and Kihara teach the structure of claim 8, but are silent with respect to the non-transmission layer including a weld mound protruding from the first surface to one side as recited in the claim. Cheol discloses a welded structure wherein one of the layers includes a weld mound – element 210 – protruding from a first surface to be melted by the laser beam and welded to the surface of the other layer (abstr., Figs. 6-8). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the non-transmission layer of Mori with a weld mound for welding it to the second surface of the transmission layer, as weld mounds are known in the art of laser welding structures.
As to claim 10, Mori, Kihara and Cheol teach the structure of claim 9. The claim recites how the structure performs when the transmission layer has a thickness of more than the thickness enabling the transmittance of the laser beam transmitted through the transmission layer to be 20% or more. Mori discloses the transmission layer including a welding layer protruding radially outward from a side – element 316 (Fig. 10A), the welding transmission layer having a second surface in contact with the first surface of the non-transmission layer – element 318. As the transmission layer has a thickness of 0.5 mm to 4 mm (0040), the range of the thickness enables the laser beam transmittance in the range overlapping the range recited in the claim (0036, 0037).
With respect to claim 11, Mori, Kihara and Cheol teach the structure of claim 10. Cheol discloses a welding groove disposed outside the weld mound in a width direction and recessed from the first surface of the layer to the second surface (Figs. 6-8), and a welding layer protruding radially outward from the side (Figs. 6-8), thus it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention that the welding layer would be in contact with the first surface of the welding transmission layer. The welding layer comprises a weld mound and a welding groove (Cheol, Figs. 6-8), thus, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the non-transmission layer of Mori with a weld mound for welding it to the first surface of the transmission layer, and a welding groove as these are known in the art of laser welding structures. It would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention that the welding layer would have a thickness greater than a depth of the welding groove to accommodate the welding groove.
Regarding claim 12, Mori, Kihara and Cheol teach the structure of claim 8. The claim recites how the structure performs when the transmission layer has a thickness of more than the thickness enabling the transmittance of 20% or more. Mori discloses the transmission layer having the laser beam transmission of 25% or less (0037). Mori discloses a welding surface which is the first surface of the non-transmission layer and a side of the transmission layer (Fig. 10a), thus, it would be obvious to one of ordinary skill in the art that the structure of Mori, Kihara, and Cheol is capable to perform as intended.
Information Disclosure Statement
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOANNA PLESZCZYNSKA whose telephone number is (571)270-1617. The examiner can normally be reached M-F ~ 11:30-8.
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/Joanna Pleszczynska/
Primary Examiner, Art Unit 1783