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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-8 and 10-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beck (DE 10 2017 115 142 A1) with machine translation in view of Goedecke (US 2013/0009332 A1).
Regarding Claim 1, Beck discloses a method for forming a composite sandwich structure by compression molding (abs, paragraphs [0001] [0032] multi-layer composited component; pressing process), the method comprising:
(a) providing a compression molding tool (Fig. 1 paragraph [0044] device – 1 comprises a shaping tool – 6) having at least a first mold portion and a second mold portion (Fig. 1 paragraph [0045] first tool element (first tool half) – 8; second tool element (second tool half) – 10), wherein the first and second mold portions have opposing molding surfaces that cooperate to define a mold gap or mold cavity when the compression molding tool is in a closed position (Fig. 1 paragraph [0045] first shaping tool surface – 7 or contour and a second shaping tool surface – 9 or contour);
(b) placing a stack of two composite skins (Fig. 3 paragraphs [0044] [0053] cover layer elements – 3, 4) separated by a non-adherent layer on the molding surface of the first or second mold portion when the tool is in an open position (Fig. 3 paragraph [0053] a core element – 19 which is a dummy element – 19 with shape-giving dummy element surfaces – 19a, 19b), wherein each composite skin comprises reinforcement fibers (paragraphs [0071] [0072] cover layer elements can be an organosheet, which is a textile structure embedded in a thermoset polymer matrix where the cover layer elements can be a fiber structure formed in a layered, fiber arrangement)
(c) closing the compression molding tool to compress the stack of composite skins and non-adherent layer between the molding surfaces of the first and second mold portions (Fig. 4 paragraph [0057] the forming of the two cover layer elements – 3, 4 is carried out using the dummy element – 19 arranged between them in one or more forming steps)
(d) opening the compression molding tool, wherein each composite skin remains adhered to the adjacent molding surface (Fig. 5 paragraph [0062] before dummy element – 19 is removed, the tool – 6 is transferred from its closed position to its open position by a relative movement (opening movement);
(e) removing the non-adherent layer from the compression molding tool (Fig. 5 paragraph [0062] removal of dummy element – 19 from the tool – 6 is carried out);
(f) placing a core layer in the compression molding tool while the tool is in the open position such that the core layer is on one of the composite skins adhered to the molding surfaces (Fig. 6 paragraph [0063] core element – 5 is inserted into the tool – 6 between the formed cover layer elements – 3, 4);
(g) closing the compression molding tool to compress the core layer between the first and second mold portions while applying heat to the tool wherein compression of the core layer is carried out until the core layer is bonded to the composite skins (Fig. 7 paragraphs [0064] [0065] core element – 5 is irrevocably arranged between the two cover layer elements – 3, 4 by connecting the two cover layer elements – 3, 4and the core element – 5 resulting in a sandwich-like structure or sandwich -like characteristics of the composite component – 2 which can be achieved by the input of thermal energy)
(h) opening the compression molding tool (Fig. 8 paragraph [0070] before the composite component – 2 is removed from the tool – 6, the tool – 6 is transferred from its closed position to its open position by a relative movement (opening movement) of the tool elements – 8, 10); and
(i) removing the shaped sandwich structure from the compression molding tool (Fig. 8 paragraph [0070] the composite component – 2 is removed from the tool – 6).
However, Beck teaches that the curing steps occur by separately heating the core and skin components and does not teach or disclose that its method comprises composite skins (cover layer elements) having a thermoset resin such that it is cured while the mold is closed and that the thermoset resin in each composite skin is fully cured forming a shaped sandwich structure, nor that the non-adherent layer is formed of a thermally deformable material selected from silicone, rubber, hydrophobic fluoropolymers, and combinations thereof
In the same field of endeavor, Goedecke disclose a similar method for producing a multi-layer sandwich component (abs), where by two SMC (Sheet Moulding Compound) cover layers which comprise continuous fibers or long fibers (claim 13) are placed into a mold and cured while a release layer separates them (Fig. 1, paragraph [0009]) and after opening the mold a core layer is placed between theme and the mold is closed again (paragraph [0034] release films placed between the two SMC cover layers during and after the shaping – or curing process so that they cannot directly connect with each other where it is implicit and obvious that the SMC cover layers are cured). As soon as the SMC cover layers are formed and cured foamable materials can be introduced between).
Moreover, while applying heat to the tool, Goedecke further discloses that compression of the stack is carried out until each composite skin conforms to and adheres to the molding surface adjacent to it but the thermoset resin in said composite skin is not fully cured (paragraph [0028] the SMC material cures due to the thermal effect of the heated tool but does not have to be fully completed here but be sufficient to harden the SMC cover layers only to such an extent that they survive the opening and introduction of the foamable material).
After the SMC cover layers are formed and cured and the injection foamable material permanently adheres during the foaming process, this material is permanently connected to the SMC cover layers (skins) whereby the component can be removed and it is implicit that the cover layer are thermoset in nature in order to form these permanent bonds (paragraph [0034]).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to have modified the disclosure Beck with the teachings of Goedecke whereby a method for forming a composite sandwich structure by compression molding whereby the formed composite structure comprising a stack of two composite skins and a non-adherent layer during curing and placing a core layer so that compression is carried out to fully bond the core layer to the composite skins forming a shaped sandwich structure, as disclosed by Beck,
would further include that the composite skins (cover layers) would comprise a curable thermoset resin and that the resin is cured while the mold is closed, as taught by Goedecke. The skilled artisan would consider this inclusion in the method of Beck because having the composite skins be thermosetting provides for a method that simplifies a production process while affording a finished composite product with a direct final geometry with existing thermosetting composite skins without added steps of removal and separating heating as in Beck, because the thermosetting skins or cover layers of Goedecke cures completely due to the thermal effects of the heated tool and will allow for incomplete curing to introduce the core, in this case foamable material, followed by final curing (paragraph [0028]).
Additionally, while Beck discloses that each skin (cover layer element) can be plastically deformable, particularly through pressure and/or temperature (paragraph [0007])
neither Beck nor Goedecke explicitly disclose the non-adherent layer is formed of a thermally deformable material selected from silicone, rubber, hydrophobic fluoropolymers, and combinations thereof,
Goedecke does disclose in at least one alternative method (paragraph [0018] that the release films constitute a non-adherent layer which prevent the cover layer (skins) from connecting and that the two release film layer will have a fusion temperature above the temperature required for carrying out the shaping of the shaping of the first and second skins (semifinished SMC product cover layers).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to use a thermally deformable material selected from silicone, rubber, hydrophobic fluoropolymers, and combinations thereof for the non-adherent material since it have held to be within the ordinary skill of a worker in the art to select a known material on the basis of its suitability for the intended use. One would have been motivated to use a material selected from this group of materials because this non-adherent layer must have a fusion temperature above the temperature required for carrying out the shaping of the first and second skins (paragraph [0018] semifinished SMC product cover layers).
Regarding Claim 2, the combination of Beck and Goedecke disclose all the limitations of claim 1 and Goedecke further discloses that the core layer has two opposing surfaces, and an adhesive film applied on each of its opposing surfaces, and
wherein one of the adhesive films is facing one of the composite skins when the core layer is placed in the compression molding tool at (f) (paragraphs [0016] [0034] the foaming material fills the space between the two release film layers, which are connected with the SMC cover layers and during the cure process after shaping of the same permanently adhere to the SMC material).
Regarding Claim 3, the combination of Beck and Goedecke disclose all the limitations of claim 1 and both Beck and Goedecke further disclose curable thermoset resin in each composite skin comprises one or more thermoset resin(s), and optionally, a curing agent (Beck – paragraph [0071] cover layer elements can be an organosheet, which is a textile structure embedded in a thermoset polymer matrix where the cover layer elements can be a fiber structure formed in a layered, fiber arrangement) (Goedecke - paragraph [0009] this is implicit in that the SMC cover layers are cured). Moreover, Goedecke also teaches that one alternative that the skins (SMC layers) can be formed by the foamable material which must be thermoset (paragraph [0012]).
Regarding Claims 4 and 5, the combination of Beck and Goedecke disclose all the limitations of claim 1 and while Goedecke discloses that the compression of the stack of composite skins and non-adherent layer at (c) is carried out paragraph [0028] first and the second SMC semi-finished product are shaped into the desired final geometry by making the SMC flow under pressure which cures due to the thermal effect of the heated tool followed by opening and introduction of the foamable material), however, Goedecke does not disclose that this is a duration of less than 20 minutes at compressive pressure in the range of 1,000 kPa to 10,000 kPa while applying heat at a temperature in the range of 120°C to 200°C and that the heating is carried out to achieve partially cured composite skins with a degree of cure of greater than 0% and less than 100%.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to use a duration of less than 20 minutes at compressive pressure in the range of 1,000 kPa to 10,000 kPa while applying heat at a temperature in the range of 120°C to 200°C and to achieve partially cured composite skins with a degree of cure of greater than 0% and less than 100%,
since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. One would have been motivated to use this duration, pressure and temperature values to optimize these result effective variables in order for the conditions (achieve partially cured composite skins with a degree of cure of greater than 0% and less than 100%) to be sufficient enough to harden the skins (SMC cover layers) to the extent that they survive the opening of the press mold and introduction of the core (foamable material) without damage (paragraph [0028]).
Regarding Claim 6, the combination of Beck and Goedecke disclose all the limitations of claim 1 and while Goedecke discloses that compression of the core layer at (g) can occur (paragraph [0034] the injected foamable material permanently adheres while the mold is moved to accommodate the core foamable material and is left to cure).
But Goedecke does not disclose that this is a duration of less than 20 minutes at a compressive pressure less than that at (c) while applying heat at a temperature in the range of 120°C to 200°C.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to use a duration of less than 20 minutes at a compressive pressure less than that at (c) while applying heat at a temperature in the range of 120°C to 200°C since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. The skilled artisan would use these parameters because the injected, foamable material permanently adheres during the foaming process to the release film layers, which are again permanently connected with the SMC cover layers. After the foam layer is left to cure the component can also be removed (paragraph [0034]).
Regarding Claim 7, the combination of Beck and Goedecke disclose all the limitations of claim 1 and Beck discloses that the non-adherent layer is formed of a material that does not form a permanent, chemical bond with the curable matrix resin in the composite skins and is a layer that is releasable from the composite skins (Fig. 5 paragraph [0062] before dummy element – 19 is removed, the tool – 6 is transferred from its closed position to its open position by a relative movement (opening movement)).
Regarding Claim 8, the combination of Beck and Goedecke disclose all the limitations of claim 1 and while Goedecke does not explicitly disclose the non-adherent layer is formed of a thermally deformable material selected from: polytetrafluoroethylene (PTFE), polyvinylidene fluoride (PVDF), polyvinylfluoride (PVF), fluorinated ethylene-propylene (FEP), polyethylenetetrafluoroethylene (ETFE), polyethylene-chlorotrifluoro-ethylene (ECTFE), perfluoropolyether (PFPE); and combinations thereof.
Goedecke does disclose in at least one alternative method that the release films constitute a non-adherent layer which prevent the cover layer (skins) from connecting and that the two release film layer will have a fusion temperature above the temperature required for carrying out the shaping of the shaping of the first and second skins (semifinished SMC product cover layers).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to use a thermally deformable material selected from polytetrafluoroethylene (PTFE), polyvinylidene fluoride (PVDF), polyvinylfluoride (PVF), fluorinated ethylene-propylene (FEP), polyethylenetetrafluoroethylene (ETFE), polyethylene-chlorotrifluoro-ethylene (ECTFE), perfluoropolyether (PFPE); and combinations thereof for the non-adherent material since it has been held to be within the ordinary skill of worker in the art to select a known material on the basis of its suitability for the intended use.
One would have been motivated to use a material selected from this group of materials because this non-adherent layer must have a fusion temperature above the temperature required for carrying out the shaping of the first and second skins (paragraph [0018] semifinished SMC product cover layers).
Regarding Claim 10, the combination of Beck and Goedecke disclose all the limitations of claim 1 and while Goedecke disclose that the foaming material (core) fills the space between the two release layers connected to the SMC cover layers (skins) (paragraph [0016]), Goedecke does not disclose that this non-adherent layer of two release film layers has a thickness of greater than 0 and up to 20 mm.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made for the non-adherent layer to have a thickness of greater than 0 and up to 20 mm since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. The skilled artisan would be motivated because an optimum thickness is required to provide the space necessary for foaming of the core material until the desired thickness of the multi-layer component is achieved (paragraph [0011]).
Regarding Claim 11, the combination of Beck and Goedecke disclose all the limitations of claim 1 and Goedecke further discloses that the core layer comprises a foamed material or a honeycomb structure (abs, paragraph [0011] at least one foam material layer is embedded between two SMC cover layers; core material given necessary space for foaming).
Regarding Claims 12 and 13, the combination of Beck and Goedecke disclose all the limitations of claim 1 and Goedecke further discloses that the core layer is a foamed material formed from a foamable composition comprising one or more polymers selected from thermoplastic polymers and synthetic polymers and that the core layer is formed from a foamable composition comprising one or more thermoplastic polymers (paragraph [0015], claim 12 polyurethane).
Regarding Claim 14, the combination of Beck and Goedecke disclose all the limitations of claim 1 and Beck further discloses that the core layer is a thermoplastic honeycomb structure (paragraphs [0027] [0072] core element can be thermoplastic and a honeycomb structure).
Regarding Claim 15, the combination of Beck and Goedecke disclose all the limitations of claim 1 and Beck further discloses each composite skin is a prepreg ply or a multilayered laminate comprising two or more prepreg plies, each prepreg ply comprising reinforcement fibers embedded in a layer of curable matrix resin (paragraph [0071] where a textile structure is embedded in a thermoplastic or thermoset polymer matrix defined by a fiber structure formed in a layered fiber arrangement).
Regarding Claim 16, the combination of Beck and Goedecke disclose all the limitations of claim 15 and both Beck and Goedecke disclose that the reinforcement fibers in each prepreg ply is in the form of continuous unidirectional fibers or a woven fabric (Beck – paragraph [0071] textile structure with fibers) (Goedecke – paragraph [0017] product cover layer comprises continuous fibres).
Regarding Claim 17, the combination of Beck and Goedecke disclose all the limitations of claim 15 however, while both Beck and Goedecke teach that there are the reinforcement fibers in each prepreg ply and while Goedecke does disclose that reinforcement fibers can included glass fibers (paragraph [0017]), they are silent as to these fibers being carbon.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to use carbon fibers as reinforcement fibers in a prepreg ply because since it has been held to be within the ordinary skill of a worker in the art to select a known material on the basis of its suitability for the intended use.
The skilled artisan would be motivated to use a carbon fiber because if its contribution to light weight and strength which can be formed in a layered arrangement (Beck – paragraph [0007] Goedecke – paragraph [0017]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WAYNE K. SWIER whose telephone number is (571)272-4598. The examiner can normally be reached M-F generally 8:30 am - 5:30 pm PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abbas Rashid can be reached at 571-270-7457. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WAYNE K. SWIER/ Examiner, Art Unit 1748
/Abbas Rashid/ Supervisory Patent Examiner, Art Unit 1748