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 Group I, claims 1-9 and 20, in the reply filed on 12/8/2025 is acknowledged.
Claims 10-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/8/2025.
Claim Rejections - 35 USC § 103
Claim(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kleinschmidt (US 2014/0178633).
Regarding claims 1-2 and 5:
Kleinschmidt discloses a composite material comprising at least one metal layer and at least one fiber-reinforced plastic layer [abstract; 0001]. The fiber-reinforced plastic layer comprises polyamide matrix [0005; 0014-0015]. The fiber-reinforced plastic layer comprises up to 65 vol% of fiber to provide good strength, rigidity and/or processability [0018-0019]. The fiber is provided as a unidirectional layer (i.e., continuous reinforcing fibers arranged parallelly in one direction) [0020]. The metal layer has a tensile strength of 700 MPa or less [0022]. Specific metals have tensile strengths equal to 320, 410, and 600 MPa [0030].
Although Kleinschmidt is silent with regard to the relative mass of continuous reinforcing fibers to polyamide, the reference discloses a range of volume percentage that overlaps with the presently claimed content (claim 5) and so is expected to overlap the claimed range of relative mass. As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to vary the content of the fibers, including over amounts resulting in a relative mass falling within the claimed range, to provide the desired strength, rigidity, and other properties for a given end use.
Regarding claim 3:
Kleinschmidt teaches carbon or glass fibers [0019].
Regarding claim 4:
Kleinschmidt teaches a thickness of 0.1-1 mm [0023].
Claim(s) 6-8 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kleinschmidt (US 2014/0178633) in view of Matsumoto (JP 2016-043526).
Note: citations refer to the machine translation of JP ‘526 filed by Applicant on 8/26/2024.
Regarding claim 6:
Kleinschmidt discloses a composite material comprising polyamide as previously explained.
Kleinschmidt is silent with regard to a polyamide comprising constitutional units as presently claimed.
Such polymers were known in the art to have utility. For example, Matsumoto discloses a laminated body comprising a metal layer and a carbon-fiber containing polyamide resin layer [abstract; 0001; 0008]. The polyamide comprises diamine units and dicarboxylic acid units, wherein at least 70 mol% of the diamine units comprise xylylenediamine and at least 70 mol% of the dicarboxylic acid units comprise sebacic acid [0008]. The polyamide provides excellent adhesion and other properties [0008; 0013].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to use a polyamide according to Matsumoto to provide improved adhesion and other properties.
Regarding claim 7:
As discussed above, Kleinschmidt teaches: carbon or glass fibers [0019]; the use of up to 65 vol% of fiber to provide good strength, rigidity and/or processability [0018]; and a metal thickness of 0.1-1 mm [0023]. Kleinschmidt is silent with regard to a polyamide comprising constitutional units as presently claimed.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to vary the content of the fibers, including over amounts falling within the claimed range, to provide the desired strength, rigidity, and other properties for a given end use. Additionally, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to use a polyamide according to Matsumoto to provide improved adhesion and other properties.
Regarding claim 8:
Kleinschmidt discloses a composite material as previously explained.
Kleinschmidt is silent with regard to heat welding the polyamide layer and the metal layer.
Such methods of joining the layers were known in the art. For example, Matsumoto discloses heat fusing the polyamide material and the metal plate [0066].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to use known techniques of joining the layers, including heat fusing as taught by Matsumoto, to provide the composite.
Regarding claim 20:
Kleinschmidt discloses a composite material comprising at least one metal layer and at least one fiber-reinforced plastic layer as explained above. The description of “at least” one fiber-reinforced plastic layer suggests the presence of more than one such layer, and examples use two such layers [0029]. Additionally, the reference teaches the presence of additional layers of polyamide [0014]. Specific embodiments have a structure comprising metal layer 2, additional polyamide layer 5, and fiber-reinforced polyamide layer 4, 7 in order [0035-0036; Figs. 1-2].
Kleinschmidt is silent with regard to a polyamide comprising constitutional units as presently claimed. Matsumoto discloses a laminated body comprising polyamide as explained above. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to use a polyamide according to Matsumoto to provide improved adhesion and other properties.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kleinschmidt (US 2014/0178633) in view of Furukawa et al. (US 2020/0001546).
Regarding claim 9:
Kleinschmidt discloses a composite material as previously explained.
Kleinschmidt is silent with regard to welding the polyamide layer and the metal layer.
Such methods of joining the layers were known in the art. For example, Furukawa discloses a composite comprising a fiber-reinforced thermoplastic material and a metal member, wherein conventional methods of joining the layers including vibration welding, ultrasonic welding, and laser welding [abstract; 0001; 0096].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to use known techniques of joining the layers, including vibration welding, ultrasonic welding, and laser welding as taught by Furukawa, to provide the composite material.
Conclusion
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/JOHN D FREEMAN/Primary Examiner, Art Unit 1787