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 .
STATUS OF CLAIMS
Claims 1-7 are pending in the application.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in this application on 4 March 2024.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 4, and 7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Browning et al. (US 2021/0376405 A1).
Regarding Claim 1: Browning teaches a thermal barrier composite material comprising a porous core layer between a first flame barrier/retardant layer and a second flame barrier/retardant layer, and a radiant barrier disposed between the porous core layer and the first flame barrier layer (figure 6 and [0023] of Browning). Browning also teaches that the porous core layer can be a thermally expandable layer comprising a nonwoven or woven mat embedded with an thermally expandable substance dispersed therein, and can further include an organic or inorganic binder, an intumescent material, or a combination thereof, wherein the intumescent material that expands when exposed to high heat can be an expandable graphite ([0032]-[0035] of Browning). It is also taught by Browning that the second flame/retardant barrier layer can comprise a polytetrafluoroethylene coated fabric or nonwoven of fiberglass ([0038] of Browning). (Note: The thermally expandable porous core layer comprising a binder and expandable graphite of Browning is considered equivalent to the claimed "fire-resistant layer comprising a thermally expandable graphite". The second flame/retardant barrier layer of a polytetrafluoroethylene coated fabric or nonwoven of fiberglass of Browning is considered equivalent to the claimed "fiber-reinforced plastic layer".)
Regarding Claim 2: Browning teaches that reinforcing fibers contained in the fiber-reinforced plastic layer are at least one kind selected from the group consisting of glass fibers (e.g., fiberglass) ([0038] of Browning).
Regarding Claim 4: Browning teaches that the fire-resistant layer further comprises a binder ([0032] of Browning).
Regarding Claim 7: Browning teaches that the laminated body further comprises at least one of a resin layer (e.g., "radiant layer") and an adhesive layer ([0023], [0031], and [0041] of Browning).
Claims 1, 2, and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toyokazu et al. (JP 2000-108214 A).
Regarding Claim 1: Toyokazu teaches a fiber-reinforced plastic (FRP) fire-resistant member (ref. #1) comprising an FRP material (ref. #2) and a layer of low-temperature foaming fire-resistant material (ref. #3) fixed to one side of the FRP material, wherein the foaming fire-resistant material comprises a foaming graphite having a foaming initiation temperature of 90 to 250°C (figure 1, [0006], [0007], [0010]-[0012], and [0018] of Toyokazu).
Regarding Claim 2: Toyokazu teaches that reinforcing fibers contained in the fiber-reinforced plastic layer are at least one kind selected from the group consisting of glass fibers and carbon fibers ([0020] of Toyokazu).
Regarding Claim 7: Toyokazu teaches that the laminated body further comprises at least one of a base material layer (ref. #4; thin metal film) (figure 1 and [0018] Toyokazu).
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Browning et al. (US 2021/0376405 A1) as applied to claim 1 above.
Browning is relied upon as stated above.
Regarding Claim 3: Browning discloses that the laminated body can have a thickness ranging from 0.5 to 5.0 mm, and includes a fire-resistant layer (core layer), two fiber-reinforced plastic layers (flame retardant/barrier layers) having thicknesses between 0.05 mm and 2.5 mm, and a radiant barrier layer with a thickness of between 0.036 mm and 0.2 mm (figure 6, [0036], [0037], [0044], and [0098] of Browning), but does not explicitly recite --the laminated body has an expansion height after a fire resistance test of 5 mm or higher--. However, given the aforementioned thicknesses and that the fire-resistant layer (core layer) has an expansion factor in the range of 5 times to 3 times compared to the original thickness, a person having ordinary skill in the art at the time the invention was made could have calculated the thickness of the fire-resistant layer to range from at most 0.364 mm [=(0.5 mm) - ((0.05 mm)+(0.036 mm)+(0.05 mm))] to 4.864 mm [=(5.0 mm) - ((0.05 mm)+(0.036 mm)+(0.05 mm))], and subsequently calculated the expansion height of the laminated body, for an expansion factor of 3, to range from 1.228 mm [=(0.05 mm)+(0.036 mm)+(3 x (0.364 mm))+(0.05 mm)] to 14.728 mm [=(0.05 mm)+(0.036 mm)+(3 x (4.864 mm))+(0.05 mm)]; which overlaps the presently claimed range of --5 mm or higher--. Browning differs from the claims by failing to disclose an anticipatory example or a range that is sufficiently specific to anticipate the claimed range. However, it has been held that overlapping ranges are sufficient to establish prima facie obviousness. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have selected from the overlapping portion of the range taught by Browning, because overlapping ranges have been held to establish prima facie obviousness. See MPEP §2144.05.
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Browning et al. (US 2021/0376405 A1) as applied to claims 1 and 4 above, and further in view of Sugawara et al. (US 4,931,507 A).
Browning is relied upon as described above.
Regarding Claims 5 and 6: Browning failed to disclose --the binder has at least one functional group selected from the group consisting of a chloro group, a bromo group, a cyano group, an ester group, an acetyl group, and an ether group-- {instant claim 5} or --the binder has at least one functional group selected from the group consisting of a chloro group and a bromo group -- {instant claim 6}.
Sugawara discloses a thermosetting resin composition and a prepreg and a laminated sheet which can use the resin composition, the thermosetting resin composition comprises three components represented by general formulas (I), (II), and (III), wherein general formula (I) includes a halogen group and can include brominated products, wherein the proportions can be varied depending upon necessity (i.e., an increased amount of general formula (I) increases the flame resistance and mechanical strength) ([Col. 1: li. 9-11], [Col. 1: li. 65 to Col. 4: li. 2], [Col. 4: li. 11-20 and 63-67], and [Col. 5: li. 52 to Col. 6: li. 6] of Sugawara). (Note: In the instant case, the composition when set (cured) would comprise at least one segment represented by general formula (I) which comprises halogen groups (i.e., Chlorine, Bromine, Fluorine, Iodine, Astatine, Tennessine.) (e.g., Bromine) ([Col. 2: li. 3 to Col. 4: li. 2] and [Col. 4: li. 14-18] of Sugawara); which would result in a binder having functional groups of chloro groups and bromo groups as claimed.)
It would have been obvious to one of ordinary skill in the art at the time of the invention to have incorporated the thermosetting resin composition of Sugawara as the binder of the laminated body disclosed by Browning in order to have --the binder has at least one functional group selected from the group consisting of a chloro group and a bromo group -- {instant claims 5 and 6}. One of ordinary skill in the art would have been motivated to have incorporated the thermosetting resin composition of Sugawara as the binder of the laminated body disclosed by Browning, from the stand-point of having a cured composition for prepregs and laminates that can have an increased amount of flame resistance ([Col. 1: li. 9-11] and [Col. 5: li. 52-65] of Sugawara).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Donald M. Flores, Jr. whose telephone number is (571) 270-1466. The examiner can normally be reached 7:30 to 17:00 M-F; Alternate Fridays off.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frank Vineis can be reached at (571) 270-1547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DONALD M FLORES JR/
Donald M. Flores, Jr.Examiner, Art Unit 1781