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 .
Examiner acknowledges pending claims 3-13, 15-31.
Examiner acknowledges amended claims 3-10.
Examiner acknowledges cancelled claims 1-2 and 14.
Examiner acknowledges withdrawn claims 3-7, 10-13 and 23-31.
Applicant’s election, with traverse, of Group II, claims 8-9 and 15-22 is acknowledged. Applicant has amended the claims such that all claims depend on claim 8. Applicant’s argument is persuasive. Claims 3-13 and 15-31 will be examined at this time.
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.
Claims 3-13, 15-22, 26-27 and 29-31 are rejected under 35 U.S.C. 102(a)(1) & (a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Ichikawa et al., U.S. Pre Grant Publication 2018/0346668,
Regarding claim 3, Ichikawa teaches the claimed invention the claimed invention but fails to teach wherein the resin composition (B) undergoes a dehydration condensation reaction, and a thermal mass reduction rate defined by the following equation (1) in the reaction is 5% to 50% by mass: Thermal mass reduction rate (% by mass) = [(W1 - W2)/W1] X 100 (1) wherein, W1 is a sample mass (mg) after the temperature is raised from room temperature to 100°C at 10°C/min and further held isothermally for 30 minutes, and W2 is a sample mass (mg) when the temperature is then raised at 10°C/min and reaches 250°C. It is reasonable to presume that wherein the resin composition (B) undergoes a dehydration condensation reaction, and a thermal mass reduction rate defined by the following equation (1) in the reaction is 5% to 50% by mass: Thermal mass reduction rate (% by mass) = [(W1 - W2)/W1] X 100 (1) wherein, W1 is a sample mass (mg) after the temperature is raised from room temperature to 100°C at 10°C/min and further held isothermally for 30 minutes, and W2 is a sample mass (mg) when the temperature is then raised at 10°C/min and reaches 250°C. Said presumption is based on Ichikawa’s disclosure of a prepreg [0001 and 0020]. Paragraph 0033 discloses that the prepreg includes impregnating a sizing agent coated carbon fiber with a thermoplastic resin. It is disclosed in paragraph 0093 that the sizing agent is polyamic acid. Paragraph 0155 discloses that the thermoplastic resin can include PEEK, PEKK or PEK. Paragraph 0194 discloses that the continuous carbon fiber can be processed into the form of a nonwoven fabric or felt. Burden is upon Applicant to prove otherwise. Fitzgerald, In re, 619 F.2d 67, 205 USPQ 594 (CCPA 1980).
Regarding claim 4, Ichikawa teaches the claimed carbon fiber substrate but fails to teach wherein a tensile strength ratio (Ta/Tb), determined by dividing a tensile strength (Ta) in an optional direction of the carbon fiber substrate measured at room temperature after heating at 300°C for 5 minutes by a tensile strength (Tb) in an orthogonal direction thereof, is 0.6 to 1.7. It is reasonable to presume that [[1,]] 8, wherein a tensile strength ratio (Ta/Tb), determined by dividing a tensile strength (Ta) in an optional direction of the carbon fiber substrate measured at room temperature after heating at 300°C for 5 minutes by a tensile strength (Tb) in an orthogonal direction thereof, is 0.6 to 1.7. Said presumption is based on Ichikawa’s disclosure of a prepreg [0001 and 0020]. Paragraph 0033 discloses that the prepreg includes impregnating a sizing agent coated carbon fiber with a thermoplastic resin. It is disclosed in paragraph 0093 that the sizing agent is polyamic acid. Paragraph 0155 discloses that the thermoplastic resin can include PEEK, PEKK or PEK. Paragraph 0194 discloses that the continuous carbon fiber can be processed into the form of a nonwoven fabric or felt. Burden is upon Applicant to prove otherwise. Fitzgerald, In re, 619 F.2d 67, 205 USPQ 594 (CCPA 1980).
Regarding claim 5, paragraph 0211 discloses that the length of the carbon fiber is 1 to 50 mm.
Regarding claim 6, paragraph 0164 discloses that the matrix resin is present in the amount of 20 to 99 mass% of matrix resin.
Regarding claim 7, Ichikawa is silent to the mass ratio of the carbon fibers in the carbon fiber substrate is 90% or more and 97% or less. Paragraph 0002 discloses that carbon fiber has excellent strength and elasticity. One of ordinary skill in the art before the effective filing date of the invention would optimize the carbon fiber mass ratio of 90% or more and 97% or less for the benefit of obtaining a carbon fiber substrate having enhanced strength and elasticity.
Regarding claim 8, Ichikawa discloses a prepreg [0001 and 0020]. Paragraph 0033 discloses that the prepreg includes impregnating a sizing agent coated carbon fiber with a thermoplastic resin. It is disclosed in paragraph 0093 that the sizing agent is polyamic acid. Paragraph 0155 discloses that the thermoplastic resin can include PEEK, PEKK or PEK. Paragraph 0194 discloses that the continuous carbon fiber can be processed into the form of a nonwoven fabric or felt.
Ichikawa teaches the claimed invention but fails to teach a tensile strength of the carbon fiber after heating at 300 ºC for 5 minutes is 110% or more of that before the heating. It is reasonable to presume that a tensile strength of the carbon fiber after heating at 300 ºC for 5 minutes is 110% or more of that before the heating is inherent to Ichikawa. Said presumption is based upon Ichikawa’s disclosure of a prepreg [0001 and 0020]. Paragraph 0033 discloses that the prepreg includes impregnating a sizing agent coated carbon fiber with a thermoplastic resin. It is disclosed in paragraph 0093 that the sizing agent is polyamic acid. Paragraph 0155 discloses that the thermoplastic resin can include PEEK, PEKK or PEK. Paragraph 0194 discloses that the continuous carbon fiber can be processed into the form of a nonwoven fabric or felt. Burden is upon Applicant to prove otherwise. Fitzgerald, In re, 619 F.2d 67, 205 USPQ 594 (CCPA 1980).
Regarding claim 9, Ichikawa teaches the claimed invention but fails to teach or suggest the binder resin composition has a glass transition temperature of 120°C or higher and 450°C or lower, a melting point of the matrix resin (C) is 250°C or higher and 400°C or lower, the binder resin composition is present at an interface between the carbon fiber (A) and the matrix resin (C), and the prepreg satisfies the following conditions (i) and (ii): (i) A minimum value of a tensile strength is 100 MPa or more; (ii) A thickness variation at 400°C is 10% or less. It is reasonable to presume that the binder resin composition has a glass transition temperature of 120°C or higher and 450°C or lower, a melting point of the matrix resin (C) is 250°C or higher and 400°C or lower, the binder resin composition is present at an interface between the carbon fiber (A) and the matrix resin (C), and the prepreg satisfies the following conditions (i) and (ii): (i) A minimum value of a tensile strength is 100 MPa or more; (ii) A thickness variation at 400°C is 10% or less is inherent to Ichikawa. Said presumption is based on Ichikawa’s disclosure of a prepreg [0001 and 0020]. Paragraph 0033 discloses that the prepreg includes impregnating a sizing agent coated carbon fiber with a thermoplastic resin. It is disclosed in paragraph 0093 that the sizing agent is polyamic acid. Paragraph 0155 discloses that the thermoplastic resin can include PEEK, PEKK or PEK. Paragraph 0194 discloses that the continuous carbon fiber can be processed into the form of a nonwoven fabric or felt. Burden is upon Applicant to prove otherwise. Fitzgerald, In re, 619 F.2d 67, 205 USPQ 594 (CCPA 1980).
Regarding claim 10, Ichikawa discloses a resin composition including cyanate ester resin and bismaleimide [0158]. Paragraph 0130 discloses chopped carbon fiber. Ichikawa teaches the claimed invention but fails to teach the binder resin composition (D) has a glass transition temperature of 120°C or higher and 450°C or lower, a melting point of the matrix resin (C) is 250°C or higher and 400°C or lower, the binder resin composition (D) is present at an interface between the carbon fiber (A) and the matrix resin (C), and the prepreg satisfies the following conditions (i) and (ii): (i) A minimum value of a tensile strength is 100 MPa or more; (ii) A thickness variation at 400°C is 10% or less. It is reasonable to presume that the binder resin composition (D) has a glass transition temperature of 120°C or higher and 450°C or lower, a melting point of the matrix resin (C) is 250°C or higher and 400°C or lower, the binder resin composition (D) is present at an interface between the carbon fiber (A) and the matrix resin (C), and the prepreg satisfies the following conditions (i) and (ii): (i) A minimum value of a tensile strength is 100 MPa or more; (ii) A thickness variation at 400°C is 10% or less is inherent to Ichikawa. Said presumption is based upon Ichikawa’s disclosure of prepreg [0001 and 0020]. Paragraph 0033 discloses that the prepreg includes impregnating a sizing agent coated carbon fiber with a thermoplastic resin. It is disclosed in paragraph 0093 that the sizing agent is polyamic acid. Paragraph 0155 discloses that the thermoplastic resin can include PEEK, PEKK or PEK. Paragraph 0194 discloses that the continuous carbon fiber can be processed into the form of a nonwoven fabric or felt. Ichikawa discloses a resin composition including cyanate ester resin and bismaleimide [0158]. Paragraph 0130 discloses chopped carbon fiber. Burden is upon Applicant to prove otherwise. Fitzgerald, In re, 619 F.2d 67, 205 USPQ 594 (CCPA 1980).
Regarding claims 11-12, paragraph 0155 discloses that the thermoplastic resin can include at least one of polyetherimide, polyimide phenolic Additionally, paragraph 0158 that that the composition can include cyanate ester resin and bismaleimide.
Regarding claim 13, Ichikawa teaches the claimed invention but fails to teach wherein the binder resin composition (D) has a thermal mass reduction rate of 400 º C 0f 5% by mass or less. It is reasonable to presume that the binder resin composition (D) has a thermal mass reduction rate of 400 º C 0f 5% by mass or less is inherent to Ichikawa. Said presumption is based upon Ichikawa’s disclosure of a composition that can include cyanate ester resin and bismaleimide resin. Burden is upon Applicant to prove otherwise. Fitzgerald, In re, 619 F.2d 67, 205 USPQ 594 (CCPA 1980).
Regarding claim 15, paragraph 0164 discloses that the matrix resin is present in the amount of 20 to 99 mass% of matrix resin.
Regarding claim 16, paragraph 0211 discloses that the length of the carbon fibers ranges from 1 to 50 mm.
Regarding claim 17, Ichikawa is silent to the thickness of the prepreg ranging from 0.1 mm or more and 5 mm or less at 400 ºC. Paragraph 0001 discloses that the composite has excellent insulation properties. One of ordinary skill in the art before the effective filing date of the invention would optimize the thickness of the composite material to 0.1 mm or more and 5 mm or less at 400 ºC for the benefit of enhanced insulation properties.
Regarding claim 18, Ichikawa teaches the claimed invention but fails to teach an in-plane tensile strength variation of 20% or less. It is reasonable to presume that an in-plane tensile strength variation of 20% or less is inherent to Ichikawa. Said presumption is based on Ichikawa’s disclosure of a prepreg [0001 and 0020]. Paragraph 0033 discloses that the prepreg includes impregnating a sizing agent coated carbon fiber with a thermoplastic resin. It is disclosed in paragraph 0093 that the sizing agent is polyamic acid. Paragraph 0155 discloses that the thermoplastic resin can include PEEK, PEKK or PEK. Paragraph 0194 discloses that the continuous carbon fiber can be processed into the form of a nonwoven fabric or felt. Burden is upon Applicant to prove otherwise. Fitzgerald, In re, 619 F.2d 67, 205 USPQ 594 (CCPA 1980).
Regarding claim 19, Ichikawa teaches the claimed invention but fails to teach a maximum value of tensile strength is 260 MPa or more. It is reasonable to presume that a maximum value of tensile strength is 260 MPa or more is inherent to Ichikawa. Said presumption is based on Ichikawa’s disclosure of a prepreg [0001 and 0020]. Paragraph 0033 discloses that the prepreg includes impregnating a sizing agent coated carbon fiber with a thermoplastic resin. It is disclosed in paragraph 0093 that the sizing agent is polyamic acid. Paragraph 0155 discloses that the thermoplastic resin can include PEEK, PEKK or PEK. Paragraph 0194 discloses that the continuous carbon fiber can be processed into the form of a nonwoven fabric or felt. Burden is upon Applicant to prove otherwise. Fitzgerald, In re, 619 F.2d 67, 205 USPQ 594 (CCPA 1980).
Regarding claim 20, Ichikawa teaches the claimed invention but fails to teach a ratio of a maximum value of the tensile strength to a minimum value of the tensile strength is 1 to 3. It is reasonable to presume that a ratio of a maximum value of the tensile strength to a minimum value of the tensile strength is 1 to 3 is inherent to Ichikawa. Said presumption is based on Ichikawa’s disclosure of a prepreg [0001 and 0020]. Paragraph 0033 discloses that the prepreg includes impregnating a sizing agent coated carbon fiber with a thermoplastic resin. It is disclosed in paragraph 0093 that the sizing agent is polyamic acid. Paragraph 0155 discloses that the thermoplastic resin can include PEEK, PEKK or PEK. Paragraph 0194 discloses that the continuous carbon fiber can be processed into the form of a nonwoven fabric or felt. Burden is upon Applicant to prove otherwise. Fitzgerald, In re, 619 F.2d 67, 205 USPQ 594 (CCPA 1980).
Regarding claim 21, paragraph 0164 discloses that the composition includes 1 to 80 mass% of the sizing agent coated carbon fiber.
Regarding claim 22, Ichikawa teaches the claimed invention but fails to teach wherein the prepreg expands at an average expansion rate of 150% to 1,000% in the out-of-plane direction when the matrix resin (C) is melted. It is reasonable to presume that the prepreg expands at an average expansion rate of 150% to 1,000% in the out-of-plane direction when the matrix resin (C) is melted is inherent to Ichikawa. Said presumption is based on Ichikawa’s disclosure of a prepreg [0001 and 0020]. Paragraph 0033 discloses that the prepreg includes impregnating a sizing agent coated carbon fiber with a thermoplastic resin. It is disclosed in paragraph 0093 that the sizing agent is polyamic acid. Paragraph 0155 discloses that the thermoplastic resin can include PEEK, PEKK or PEK. Paragraph 0194 discloses that the continuous carbon fiber can be processed into the form of a nonwoven fabric or felt. Burden is upon Applicant to prove otherwise. Fitzgerald, In re, 619 F.2d 67, 205 USPQ 594 (CCPA 1980).
Regarding claim 26, paragraph 0040 discloses a lamination prepreg.
Regarding claim 27, paragraph 0021 discloses carbon fiber reinforced molded article [0032]. Paragraph 0208 discloses heating and pressurizing.
Regarding claim 29, Ichikawa discloses the same method as claimed in claims 26-27, it would be expected that the fiber reinforced resin molded body would have a corrugated or honeycomb shape, absent any evidence to the contrary.
Regarding claim 30, paragraph 0231n discloses a sandwich structure with another substrate and the carbon fiber reinforced sheet is a core.
Regarding claim 31, paragraph 0001 discloses spacecraft [0232].
Claims 23-25 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Claim(s) is/are rejected under 35 U.S.C. 102(a)(1) & (a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Ichikawa et al., U.S. Pre Grant Publication 2018/0346668 in view of Imai et al., WO 2021/106651.
Ichikawa et al., U.S. Pre Grant Publication 2018/0346668, above, remains relied upon for claim 1.
Regarding claims 23, 25 and 28, Ichikawa is silent to a porous substrate. Imai discloses prepregs, preforms, fiber reinforced composite materials [0001]. Paragraph 0019 discloses a fiber substrate that include carbon fibers. Paragraph 0021 discloses that the reinforcing fibers are in the form of a nonwoven. Imai discloses that the thermoplastic resin can include polyether ether ketone or polyether ketone ketone. Paragraph 0042 discloses that the nonwoven includes discontinuous fibers. Paragraph 0051 of Imai discloses other resins present such as bismaleimide resins, cyanate ester resins, polyimide resin, bismaleimide resin. Paragraph 0076 discloses that one sheet of prepreg that is heated and expanded for 10 minutes using press molding wherein openings were formed with voids aligned in the plane direction and cooling which would solidify the matrix resin. Ichikawa discloses in paragraph 0230 that the prepreg is aligned in one direction in a mold and then press molded. Ichikawa and Imai are analogous art in that both reference disclose a carbon fiber reinforced resin composite wherein both references also disclose press-molding the prepreg. One of ordinary skill in the art before the effective filing date of the invention to utilize the method of Imai for the benefit of obtaining a porous structure.
Regarding claim 24, the combination of Ichikawa and Imai teach the claimed invention but fails to teach wherein the flexural strength at the time of heating to 140 º is 80% or more of flexural strength at 30 ºC. It is reasonable to presume that the flexural strength at the time of heating to 140 º is 80% or more of flexural strength at 30 ºC is inherent to the combination of Ichikawa and Imai. Said presumption is based on the disclosure of Ichikawa in combination with Imai above. Burden is upon Applicant to prove otherwise. Fitzgerald, In re, 619 F.2d 67, 205 USPQ 594 (CCPA 1980).
Conclusion
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CAMIE S. THOMPSON
/CAMIE S THOMPSON/
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