RESPONSE TO AMENDMENT
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 .
WITHDRAWN REJECTIONS
The 35 U.S.C. §102 and §103 rejections of the claims made of record in the office action mailed on 03/25/2026 have been withdrawn due to Applicant’s amendment in the response filed 07/07/2026.
REJECTIONS
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 102
Claims 1-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schaube et al. (U.S. App. Pub. No. 2018/0208302).
Regarding claim 1, Schaube et al. discloses a plastic composite including a thin hard plastic outer layer (12), at least one elastomer layer (14) and at least one metal and/or plastic carrier layer next to the elastomer layer (16). (Abstract and Fig. 1). Both he thin hard plastic outer layer and the carrier layer may be fiber reinforced plastic materials (par. [0068]-[0069] and par. [0099]]). Therefore, either of layers (12) or (16) meet the limitation of a “first member containing a fiber reinforced plastic” as presently claimed. The elastomer layer (14) includes rubber materials (par. [0100]) and is in direct contact with layer (12) and (16) (see Fig. 1). The elastomer and plastic layers are jointly assembled in a single processing step and cure or vulcanized jointly under heat or hot press which allows them to form a chemical network to bond to one another. (par. [0014]). As such, the layers would be “integrated” as presently claimed.
With respect to the limitations “wherein a surface portion of the fiber reinforced plastic…so as to form a bonding part where the first member is bonded to the second member”, Schaube et al. teaches jointly assembling the plastic and elastomer layer in a single processing the layers together under the influence of an autoclave or hot press. (par. [0014]). Schaub et al. teaches that the elastomer layer resin and plastic outer layer crosslink with one another to form an integrated laminate structure. (par. [0009] and [0157]). This crosslinking between the layers results from the loading of the mold with the raw components (i.e. precursors) of the individual layers and curing the layers together in the mold. (par. [0016]-[0017]). Based on the explicit teachings of co-curing and crosslinks between the material layers, this would imply a resulting structure as claimed wherein a surface portion of the plastic outer layer would penetrate at least a portion of the neighboring rubber material during the curing process and vice versa due to the uncured components in the mold migrating/reacting with one another and solidifying after being cured.
Regarding claim 2, no adhesive member is interposed between the elastomer layer and the plastic outer layer or plastic carrier layer. (Fig. 1).
Regarding claims 3-4, the plastic composite has a sheet-like shape as shown in Fig. 1 with a laminate structure.
Regarding claims 5-8, the elastomer includes an ethylene-propylene diene rubber, butyl rubber, hydrogenated nitrile rubber and silicone rubber. (par. [0100]).
Regarding claims 9-10, the reinforcing fiber materials include carbon fibers to make carbon-fiber reinforced layers for layers (12) and (16). (par. [0021], [0048] and [0071]).
Regarding claims 13-14, the layers (12) and (16) may be the outer surface of the composite. (Fig. 1).
Regarding claims 15-16, as shown in Fig. 9, the lateral surfaces of the elastomer material (14) may be outer surfaces. In Fig. 12-13, the elastomer may further be present on the outer surface (elements 142, 144 and 146)
Regarding claims 17-18, the composite has a plate or cylindrical shape. (Fig. 1 and Fig. 6)
Claim Rejections - 35 USC § 103
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Schaube et al. (U.S. App. Pub. No. 2012/0034833) (cited in the IDS filed 06/11/2024) in view of Lewis (U.S. Pat. No. 5,120,599)
Schaube et al. is relied upon as described in the rejection of claims 1-2, above.
Schaube et al. does not disclose a multilayer structure wherein a first layer includes a first fiber orientation angle and a second layer including a second fiber orientation different from the first. Schaube et al. discloses that the outer hard plastic layer and carrier structures includes multiple layers. Fig. 1).
Lewis teaches a lightweight high strength fabric of a unitary stacked matrix elastomeric material having a fiber reinforcing material therein. (Abstract). Lewis teaches that each layer includes a fiber orientation that is different than the other layers containing the fiber reinforcing material. (col. 2, lines 53-56). Lewis teaches that this arrangement prevents the layers from stretching in the length direction of the fibers. (col. 2, lines 56-60).
It would have been obvious to one of ordinary skill in the art to form a multi-layered fiber reinforced composite wherein the layers are arranged such that the orientation of the fibers in each layer is different, as taught in Lewis.
One of ordinary skill in the art would have found it obvious to form multiple layers having different fiber orientations in order to prevent unwanted stretching of the composite in the fiber length direction, thereby preventing impairing of the physical properties of the composite.
ANSWERS TO APPLICANT’S ARGUMENTS
Applicant’s arguments in the response filed 07/07/2026 regarding the prior art rejections made of record in the office action mailed on 03/25/2026 have been considered but are moot due to the new grounds of rejection.
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.
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/ALEXANDRE F FERRE/Primary Examiner, Art Unit 1788 07/22/2026
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