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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-18 in the reply filed on 01/27/2026 is acknowledged.
Claims 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-4 and 5-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schaube et al. (U.S. App. Pub. No. 2012/0034833) (cited in the IDS filed 06/11/2024).
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. [0069] and par. [0100]). 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. [0097]) 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. [0013]). As such, the layers would be “integrated” as presently claimed.
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. [0097]).
Regarding claims 9-10, the reinforcing fiber materials include carbon fibers to make carbon-fiber reinforced layers for layers (12) and (16). (par. [0047], [0069] and [0095]).
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
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDRE F FERRE whose telephone number is (571)270-5763. The examiner can normally be reached M-F: 8 am to 4 pm ET.
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/ALEXANDRE F FERRE/Primary Examiner, Art Unit 1788 03/19/2026