Claims 1-8, and 10-18 are rejected. Claim 9 has been canceled.
All of the rejections have been maintained.
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.
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.
Claims 1-8, 10-16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0002654 to Shinohara et al. (hereinafter “Shinohara”) in view of WO 2019/049816 or US 2021/0147664 to Yoshihiro et al. (hereinafter “Yoshihiro”).
Shinohara discloses a porous structure comprising a resin, reinforcing fibers and voids with a void content ranging from 10 to 97% by volume (abstract). In particular, the porous structure comprises a void content of 66.7% by volume (table 3, sample 1). This is within the claimed range. The reinforcing fibers comprise a combination of carbon fibers and organic fibers (paragraph 40). The organic fibers include aramid fibers, polyester fibers, polyphenylene sulfide fibers, nylon fibers and polyethylene fibers (paragraph 40). Shinohara also mentions that the reinforcing fibers comprise a combination of carbon fibers and aramid fibers in view of a balance between mechanical properties and impact absorbing performance (paragraph 40). The reinforcing fibers are discontinuous and dispersed in a monofilament form and in random manner (paragraph 41).
Shinohara also discloses that the reinforcing fibers including carbon fibers and organic fibers, each have an average fiber length of 1 to 15 mm (paragraph 54), particularly 6 mm (and table 5).
Shinohara does not explicitly disclose the porous structure comprising (i) 50-99 wt% of the carbon fibers, and 1-50 wt% of the organic fibers wherein the organic fibers has a tensile elongation break is in a range of 2.5% to 100%.
Yoshihiro, however, discloses a fiber reinforced thermoplastic resin molded article comprising 5-45 parts by weight of a carbon fiber, 1-45 parts by weight of an organic fiber having a strand strength of 1500 MPa or more, and 20-94 parts by weight of thermoplastic resin, based on 100 parts by weight of the carbon fiber, the organic fiber and the thermoplastic resin (abstract). In particular, the molded article comprises 20 parts by weight of the carbon fiber, 4 parts by weight of the organic fiber, and 76 parts by weight of the thermoplastic resin (table 1, example 1). The carbon fiber and the organic fiber are present in an amount of 83 wt% and 17 wt%, respectively, based on the total weight of the carbon and organic fibers.
Yoshihiro also discusses that the organic fiber includes:
polyester fiber available under the trade name of TETORON 1700T-288-702 C, manufactured by Toray Industries, Inc., single fiber diameter of 23 µm (paragraph 186);
para-aramid fiber available under the trade name of KEVLAR 29, manufactured by Du Pont-Toray, Co., Lit., Inc., single fiber diameter of 12 µm (paragraph 196).
In view of the specification of the claimed invention, the TETORON polyester fiber and the KEVLAR para-aramid fiber has an elongation at break of 14% and 3.6%, respectively (see paragraphs 74 and 79 of the published application).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include the carbon fibers and the organic fibers disclosed in Shinohara in the amounts disclosed in Yoshihiro, motivated by the desire to impart good fiber dispersion while maintaining a great balance of between mechanical properties and impact absorbing performance.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the organic fibers disclosed in Shinohara having an elongation at break disclosed in Yoshihiro, motivated by the desire to provide a great balance of between mechanical properties and impact absorbing performance.
As to claim 2, Shinohara discloses that the reinforcing fibers are uniformly dispersed in the resin (paragraph 49).
As to claim 3, Shinohara discloses that intersections of the reinforcing fibers are bonded by the resin and voids of the porous structure are formed as parts where neither the reinforcing fibers nor the resin are present (figure 1).
As to claims 4 and 5, Shinohara discloses that intersections are formed crossing of monofilaments of the reinforcing fibers including carbon fibers, aramid fibers and fibers other than carbon fibers and aramid fibers (figure 1; and paragraph 40-42).
As to claim 6, Shinohara discloses that the reinforcing fibers constituting the intersections form an average two-dimensional orientation angel of 13.49o (table 3, example no. 3). This is within the claimed range.
As to claim 7, Shinohara does not explicitly disclose the porous structure comprising 10-95 parts by weight of the resin with respect to 5-90 parts by weight of the combination of the carbon fibers and the organic fibers.
Yoshihiro, however, discloses a fiber reinforced thermoplastic resin molded article comprising 5-45 parts by weight of a carbon fiber, 1-45 parts by weight of an organic fiber having a strand strength of 1500 MPa or more, and 20-94 parts by weight of thermoplastic resin, based on 100 parts by weight of the carbon fiber, the organic fiber and the thermoplastic resin (abstract). In particular, the molded article comprises 20 parts by weight of the carbon fiber, 4 parts by weight of the organic fiber, and 76 parts by weight of the thermoplastic resin (table 1, example 1). The carbon fiber and the organic fiber are present in an amount of 83 wt% and 17 wt%, respectively, based on the total weight of the carbon and organic fibers.
Yoshihiro also discusses that the organic fiber includes:
polyester fiber available under the trade name of TETORON 1700T-288-702 C, manufactured by Toray Industries, Inc., single fiber diameter of 23 µm (paragraph 186);
para-aramid fiber available under the trade name of KEVLAR 29, manufactured by Du Pont-Toray, Co., Ltd., single fiber diameter of 12 µm (paragraph 196).
In view of the specification of the claimed invention, the TETORON polyester fiber and the KEVLAR para-aramid fiber has an elongation at break of 14% and 3.6%, respectively (see paragraphs 74 and 79 of the published application).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include the resin, the carbon fibers and the organic fibers disclosed in Shinohara in the amounts disclosed in Yoshihiro, motivated by the desire to impart good fiber dispersion while maintaining a great balance of between mechanical properties and impact absorbing performance.
As to claim 8, Shinohara discloses that the porous structure has a density in the range of 0.18 to 0.54 g/cc (table 1).
As to claim 10, Shinohara discloses that the reinforcing fibers including carbon fibers and organic fibers, each have an average fiber length of 1 to 15 mm, particularly 6 mm (paragraph 54; and table 5).
As to claim 11, Shinohara discloses that the reinforcing fibers include organic fibers made from a polyester resin, or a polyphenylene sulfide resin (paragraph 40).
As to claims 12-14, Shinohara does not explicitly disclose the organic fibers having a diameter of 15 to 50 µm, a tensile strength of 1 to 6 GPa, and a tensile elongation at break of 2.5 to 30%.
Yoshihiro, however, discloses a fiber reinforced thermoplastic resin molded article comprising 5-45 parts by weight of a carbon fiber, 1-45 parts by weight of an organic fiber having a strand strength of 1500 MPa or more, and 20-94 parts by weight of thermoplastic resin, based on 100 parts by weight of the carbon fiber, the organic fiber and the thermoplastic resin (abstract). In particular, the molded article comprises 20 parts by weight of the carbon fiber, 4 parts by weight of the organic fiber, and 76 parts by weight of the thermoplastic resin (table 1, example 1). The carbon fiber and the organic fiber are present in an amount of 83 wt% and 17 wt%, respectively, based on the total weight of the carbon and organic fibers.
Yoshihiro also discusses that the organic fiber includes:
polyester fiber available under the trade name of TETORON 1700T-288-702 C, manufactured by Toray Industries, Inc., single fiber diameter of 23 µm (paragraph 186);
In view of the specification of the claimed invention, the TETORON polyester fiber has a tensile strength of 1.1 GPa, a tensile elongation at break of 14% (see paragraph 74 of the published application).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use TETORON polyester fibers disclosed in Yoshihiro for the organic fibers disclosed in Shinohara, motivated by the desire to enhance impact and flexural strength.
As to claim 15, Shinohara discloses that the resin selected from polyolefin, polyamide and polyphenylene sulfide (paragraph 37).
As to claim 16, Shinohara discloses that the porous structure has a Charpy impact strength of 15.2 to 22.5 kJ/m2 (table 5, examples 33-35).
As to claim 18, Shinohara discloses that the porous structure is used in an application including sporting goods, electronic device housings and building components (paragraph 222).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Shinohara in view of Yoshihiro as applied to claim 1 above, further in view of US 2016/0214346 to Hatanaka et al. (hereinafter “Hatanaka”).
Neither Shinohara nor Yoshihiro discloses a composite structure comprising a porous structure and a fiber-reinforced plastic adhered to the porous structure wherein the fiber-reinforced plastic contains continuous reinforcing fibers.
Hatanaka, however, discloses a sandwich structure comprising a core component and a skin component provided on each side of the core component (abstract). The core component comprises a discontinuous reinforcing fiber, a thermoplastic resin and voids. The skin component comprises a continuous reinforcing fiber and a matrix resin (abstract).
Therefore, it would have been obvious to one having ordinary skill in the art to provide a skin component disclosed in Hatanaka on each side of the porous structure disclosed in Shinohara/Yoshihiro before the effective filing date of the claimed invention motivated by the desire to enhance mechanical properties of the porous structure.
Response to Arguments
Applicant alleges that the claim is not rendered obvious in view of the combined disclosures of Shinohara and Yoshihiro because Yoshihiro discloses the carbon fibers having an average fiber length of greater than 0.5 mm, particularly 0.52 mm (paragraphs 115 and table 1). This is below the claimed range of 1 to 15 mm.
The examiner respectfully disagrees.
Shinohara discloses that the reinforcing fibers including carbon fibers and organic fibers, each have an average fiber length of 1 to 15 mm (paragraph 54), particularly 6 mm (and table 5). Yoshihiro is relied upon to supply the missing information regarding the contents of the carbon fibers and the organic fibers from Shinohara. The basis for the obviousness rejection is based on incorporating the carbon fibers and the organic fibers of Shinohara into the porous structure in the amounts disclosed in Yoshihiro; this is unrelated to the average fiber length of the carbon fibers, which was already addressed in the primary reference, Shinohara.
As there is a motivation to combine the teachings of Shinohara and Yoshihiro, a prima facie case of obviousness is said to exist. Accordingly, the rejection over Shinohara in view of Yoshihiro has been maintained.
Applicant has reiterated positions taken with respect to the rejection over Shinohara in view of Yoshihiro and Hatanaka, the examiner’s comments set forth above are equally pertinent in support of that rejection as well.
Conclusion
THIS ACTION IS MADE FINAL. 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 Hai Vo whose telephone number is (571)272-1485. The examiner can normally be reached M-F: 9:00 am - 6:00 pm with every other Friday off.
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/Hai Vo/
Primary Examiner
Art Unit 1788
Prosecution Insights