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 § 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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sang et al. (WO 2019/133405). It is noted that when utilizing WO 2019/133405, the disclosures of the reference are based on US 2020/0316823 which is an English language equivalent of the reference. Therefore, the column and line numbers cited with respect to WO 2019/133405 are found in US 2020/0316823.
Regarding claim 1, Sang discloses a surfacing material (abstract) comprising a UV blocking layer 22 comprising thermoplastic polymer, i.e. UV resistant polymer layer, (figs. 3-4, 0019), a curable resin layer 21 cured by heating at elevated temperature, i.e. thermocurable resin layer, (figs. 3-4, 0031, 0033) and a textile carrier 23, i.e. a fibrous support, (figs. 3-4, 0015) wherein a first surface of the UV resistant polymer layer forms an outermost surface of the surfacing material and the second surface of the UV resistant polymer layer contacts a first surface of the thermocurable resin layer and the second surface of the thermocurable resin layer contacts a first surface of the fibrous support (figs. 3-4) and further comprising electrically conductive metal screen, i.e. electrically conductive metal mesh layer, (0029-0030). From figs. 3-4 of Sang, it is clear that the UV resistant layer is attached to the thermocurable resin layer, i.e. non-removable and forms a permanent part.
In light of the overlap between the claimed surfacing material and the surfacing material disclosed by Sang, it would have been obvious to one of ordinary skill in the art to use a surfacing material that is both disclosed by Sang and encompassed within the scope of the present claims, and thereby arrive at the claimed invention.
Claim(s) 2-14 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sang (US 2020/0316823) in view of Collette et al. (US 2020/0276795).
Regarding claims 2-8, Sang in view of Collette discloses the surfacing material of claim 1, wherein the UV resistant layer comprises thermoplastic polyurethane (0023) and the thickness of the UV resistant layer is 10 to 250 microns (0028).
Sang does not disclose polyurethane properties.
Collette discloses multilayer film used in automobiles (0039) wherein the thermoplastic polyurethane polymer film is used to protect surface from adverse environmental condition (0002) wherein the polyurethane is Argotec 49510 (0020). Given that Collette discloses the same polyurethane as disclosed in the present specification, it is clear that the polyurethane of Collette would have the same properties as claimed in present claims.
It would have been obvious to one of ordinary skill in the art to use the specific polyurethane of Collette in the polyurethane layer of Sang to obtain surface protection from adverse environmental condition.
Regarding claims 9-14, Sang in view of Collette discloses thermocurable resin comprises epoxy resin (0034) and the fibrous support is a continuous nonwoven material (0015, 0069). However, Sang in view of Collette does not disclose an areal weight of the thermocurable resin and an areal density of the fibrous support.
Since the instant specification is silent to unexpected results, the specific areal weight and areal density of thermocurable resin and fibrous support are not considered to confer patentability to the claims. As the weight and thickness of the surface material is a variable that can be modified, among others, by adjusting the areal weight and areal density of thermocurable resin and fibrous support, the precise areal weight and areal density would have been considered a result effective variable by one having ordinary skill in the art at the time the invention was made. As such, without showing unexpected results, the claimed areal weight and areal density cannot be considered critical. Accordingly, one of ordinary skill in the art at the time the invention was made would have optimized, by routine experimentation, the areal weight and areal density of thermocurable resin and fibrous support in surfacing material to obtain the desired weight and thickness (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223). Given that the continuous nonwoven fibrous support of Sang in view of Collette is the same as claimed in present claim, it is clear that the continuous nonwoven fibrous support of Sang in view of Collette would have the same properties as presently claimed.
Regarding claim 16, Sang in view of Collette discloses the surfacing material of claim 1, wherein the fibrous support is a layups impregnated by thermocurable resin, i.e. a second layer of fibrous reinforcement is impregnated by thermocurable resin (0007, 0067-0068).
Response to Arguments
Applicant's arguments filed 5/29/2026 have been fully considered but they are not persuasive.
Applicant points to 0014 of Sang and argues that UV layer 22 of Sang can be removed from the underlying cured layer 21 to reveal a surface that is ready for painting without requiring any intervening re-finishing or surface treatment such as sanding and filling. However, given that it is noted that paragraph 0014 discloses the UV resistant layer “can be removed”, it is clear that it is just one of the possibilities. Therefore, if the layer is not removed, it clearly meets the present claim limitations.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMIR SHAH whose telephone number is (571)270-1143. The examiner can normally be reached 8:00am - 5:00pm.
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/SAMIR SHAH/Primary Examiner, Art Unit 1787
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