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 .
This Final Rejection is in response to the Applicant’s argument received on 07/31/2026, in response to the Non-Final Rejection that was mailed on 5/12/2026.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-5 and 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over Asahi Chemical Ind (JPS 6166615 A, as provided by the Applicant’s IDS with translation; herein after Asahi Chemicals) in view of Reiter et al. (US 2013/0209724 A1).
Regarding claim 1, Asahi Chemical teaches a method for producing a carbon fiber bundle composite comprising: forming a carbon fiber bundle containing a bundling liquid by agglomerating discontinuous carbon fibers with the bundling liquid (see abstract; page 2, starting lines 63 which discloses forming short carbon fiber chips using a binder, containing a main component, an epoxy compound, bisphenol type, and also discloses with a curing agent), the bundling liquid being a resin composition containing an uncured thermosetting resin and a curing agent (see page 2, lines 63 – lines 84 discloses using epoxy bisphenol type resin with a curing agent, additionally see page 2, lines 102 to page 3 lines 140 regarding use of additional materials).
However, Asahi Chemical fails to teach positions of the discontinuous carbon fibers being uneven at each end thereof.
In the same field of endeavor, pertaining to composite with fiber, Reiter et al. teach positions of the discontinuous carbon fibers being uneven at each end thereof (see Fig 1A-1B item 2 fiber bundles where bundles have uneven fiber length as shown; [0032] discloses foreign fibers with different lengths in comparison with carbon fibers, [0061]-[0073][0029]). It would have been obvious to modify a method for producing a carbon fiber bundle composite as taught by Asahi Chemical with having discontinuous carbon fibers being uneven at each end thereof, as taught by Reiter et al., for the benefit of achieving desired quality and strength into which it is integrated (see [0015]).
As for claim 2, Asahi Chemical further teaches wherein the uncured thermosetting resin contains at least one selected from the group consisting of epoxy resin, vinyl ester resin, unsaturated polyester resin, resol type phenolic resin, (meth)acrylate other than epoxy vinyl ester, and diallyl phthalate (see page 2 lines 63 to 95 which discloses use of epoxy resin).
As for claim 3, Asahi Chemical further teaches wherein the bundling liquid further contains a reactive diluent (see page 3 lines 1-4 which discloses use of various other polymers which is considered as reactive diluents, unless otherwise specified in claim).
As for claim 4, Asahi Chemical further teaches wherein the bundling liquid further contains a thickening agent (see page 3, lines 1-4 incudes various other materials such as epoxy hardener or adhesives which may act as thickening agent).
As for claim 5, Asahi Chemical further teaches further discloses that short fibers are bundled together and a binder is used to form the short fiber chip (see page 2 lines 63 to 101), claim limitation of using thickeners after forming the fiber bundle also exist in Asahi Chemical (see page 2 lines 63 to 101).
As for claim 8 - 9, Asahi Chemical further teaches wherein all or at least 99% by weight of the discontinuous carbon fibers have a fiber length of 60 mm or less (see abstract discloses cutting length 1-10 mm), therefore, the bundle length would also be between the claim ranges 3-10mm (see abstract).
As for claims 10-12, Asahi Chemical further teaches wherein the carbon fiber bundle contains carbon fiber length of 6 mm (see page 4 lines 105 -114). The additional limitation pertaining to “even when such carbon fiber is contained therein, its content is less than 5wt% based on the total carbon fibers contained in the carbon fiber bundle” is not required as part of the claim, and furthermore, Asahi Chemical already teaches a larger length as claimed.
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Asahi Chemical Ind (JPS 6166615 A, as provided by the Applicant’s IDS with translation; herein after Asahi Chemicals) in view of Kia et al. (US 2019/0276617 A1).
Regarding claim 6, Asahi Chemical and Nabeshima et al. teach all the limitations to the claim invention as discussed above, however, fail to teach the discontinuous carbon fibers contain recycled carbon fibers.
In the same field of endeavor, pertaining to reinforced composite, Kia et al. teach a thermoplastic FRP sandwich structure application, the core layer 20 may comprise a combination of virgin thermoplastic polymer materials and recycled CFRTP materials supplemented with a suitable filler material. For instance, the core sheet 20A may be formed from approximately 30% recycle CFRTP and approximately 20% virgin polymer (e.g., nylon 6), with 50% by volume hollow glass microspheres. The recycled CFRTP composition may have short chopped carbon fibers (e.g., around 1 or 2 mm) (see [0024]).
It would have been obvious to one ordinary skilled in the art at the time of the Applicant’s invention to modify the materials (chopped fibers), as taught by Asahi Chemicals, with further including recycled version of short fibers (carbon fibers), as taught by Kia et al., for the benefit of reducing cost.
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Asahi Chemical Ind (JPS 6166615 A, as provided by the Applicant’s IDS with translation; herein after Asahi Chemicals) in view of Reiter et al. (US 2013/0209724 A1) in view of Kia et al. (US 2019/0276617 A1) and in further view of Maxey (US 2019/0112446 A1).
Regarding claim 7, Asahi Chemical and Kia et al. teach all the limitations to the claim invention as discussed above, however, fail to teach wherein the recycled carbon fibers include thermally degraded carbon fibers.
In the same field of endeavor, pertaining to carbon fibers, Maxey teaches recovery of reinforcing fibers (carbon fibers), including removal of residual solvent including matrix material (see [0008]), which then the fibers are used for prepreg form (see [0008]), in which fibers are held in uncured thermoset resin matrix (see [0008]). These recycled fibers, are thermally degraded (due to removal of matrix material), similar to instant specification, and are reused in prepreg. It would have been obvious to one ordinary skilled in the art at the time of the Applicant’s invention to modify the materials (chopped fibers), as taught by Asahi Chemicals, with further including recycled version of short fibers (carbon fibers), as taught by Kia et al., that are thermally degraded, as taught Maxey, for providing using as material for composite shaping, with reduced cost, and also achieving desired mechanical properties in the article made.
Claim(s) 12 – 18, 21 – 24, and 26 – 30 are rejected under 35 U.S.C. 103 as being unpatentable over Asahi Chemical Ind (JPS 6166615 A, as provided by the Applicant’s IDS with translation; herein after Asahi Chemicals) in view of Reiter et al. (US 2013/0209724 A1) in view of Nabeshima et al. (US 2019/0366681 A1).
As for claims 12 -14, Asahi Chemical teaches cutting the continuous carbon fiber to length 1-10 mm (see abstract), and in a different embodiment (example) discloses cutting carbon fibers into 6 mm (see page 4 lines 105-114), and further discloses optimizing the carbon fiber content in relation to epoxy resin and (see page 4, lines 109 – 114).
However, Asahi Chemical failed to explicitly teach wherein the carbon fiber bundle contains no carbon fiber having a fiber length of less than 10 mm or even when such a carbon fiber is contained therein, its content is less than 5 wt% based on the total carbon fibers contained in the carbon fiber bundle; and wherein the fiber weight content of the carbon fiber bundle is 20 wt% or more as claimed.
In the same field of endeavor, pertaining to Nabeshima et al. teach producing fiber-reinforced composite including carbon fiber having length equal to or greater than 5 mm or reinforcing fiber is a carbon fiber having a length equal to or greater than 5 mm and equal to or smaller than 50 mm ([0021]-[0023][0048], [0049][0068]). Additionally, Nabeshima et al. teach a total of a content rate of the reinforcing fiber (a1) and a content rate of the reinforcing fiber (b1) with respect to a total mass of the fiber-reinforced composite material molded article is equal to or greater than 30% by mass and equal to or smaller than 70% by mass (see [0026]).
Thus, based on the different embodiment provided by Asahi Chemical, and depending on specific type of article being produced as suggested by Nabeshima et al., it would have been obvious to one ordinary skilled in the art at the time of the effective filing of the instant application to modify the content/amount of carbon fibers based on other parameters including length of the carbon fibers in the thermosetting resin as taught by Asahi chemical and Nabeshima et al. (see Asahi Chemical page 4 lines 192-115; also see Nabeshima et al. [0049][0068][0090] [0144] discloses use of carbon fiber at desired quantity), for the benefit of obtaining short fiber chip with high strength, rigidity, specific gravity and high electrical conductivity (see page 1, [0001] of Asahi and [0014] of Nabeshima et al.), and further use in composite shaping.
As for claim 15, Asahi Chemical fails to teach a carbon fiber bundle composite produced as claimed, however, in the same field of endeavor, pertaining to carbon fiber composite, Nabeshima et al. discloses using carbon fiber bundle for carbon fiber composite (see [0019]-[0098]) and molding the laminated material ([110]-[0115), for the benefit of achieving desired strength. Therefore, it would have been obvious to one ordinary skilled in the art at the time of the Applicant’s invention was effectively filed to further modify Asahi Chemical with including the short fibers in composite (prepreg) and molding it, as suggested by Nabeshima et al. for the benefit of forming a molded article with high strength, high specific elastic modulus (see [0014]).
Regarding claim 16, Asahi Chemical teaches a method for producing a carbon fiber bundle composite comprising: forming a carbon fiber bundle containing a bundling liquid by agglomerating discontinuous carbon fibers with the bundling liquid (see abstract; page 2, starting lines 63 which discloses forming short carbon fiber chips using a binder, containing a main component, an epoxy compound, bisphenol type, and also discloses with a curing agent), the bundling liquid being a resin composition containing an uncured thermosetting resin and a curing agent (see page 2, lines 63 – lines 84 discloses using epoxy bisphenol type resin with a curing agent, additionally see page 2, lines 102 to page 3 lines 140 regarding use of additional materials).
However, Asahi Chemical fails to teach positions of the discontinuous carbon fibers being uneven at each end thereof.
In the same field of endeavor, pertaining to composite with fiber, Reiter et al. teach positions of the discontinuous carbon fibers being uneven at each end thereof (see Fig 1A-1B item 2 fiber bundles where bundles have uneven fiber length as shown; [0032] discloses foreign fibers with different lengths in comparison with carbon fibers, [0061]-[0073][0029]). It would have been obvious to modify a method for producing a carbon fiber bundle composite as taught by Asahi Chemical with having discontinuous carbon fibers being uneven at each end thereof, as taught by Reiter et al., for the benefit of achieving desired quality and strength into which it is integrated (see [0015]).
Asahi fails to teach carbon fiber composite sheet as claimed.
In the same field of endeavor, pertaining to use of carbon fiber with thermosetting resin, Nabeshima et al. teach using short carbon fibers with thermosetting resins to produce composite molded article (see [0022]-[0027],[0042]-[049] discloses specific carbon fiber type, including PAN based carbon fiber, similar to instant application; [0056]-[0061] molded composite article from these reinforced short carbon fiber material; [0063] discloses use of carbon fiber as reinforcing fiber with epoxy resin, also similar to instant application; additionally see [0067]-[0068] discloses use of short fiber tow as carbon fiber which is carbon fiber bundle).
It would have been obvious to one ordinary skill in the art at the time of the Applicant’s invention to combine the teachings of forming carbon fiber bundles with thermosetting resins, as taught by Asahi Chemical with molding/shaping into forming composite, as taught by Nabeshima et al., for the benefit of producing a molded part having high strength (see [0014]).
As for claim 17, Asahi Chemical and Nabeshima et al., further teach wherein the uncured thermosetting resin contains at least one selected from the group consisting of epoxy resin, vinyl ester resin, unsaturated polyester resin, resin type phenolic resin, (meth)acrylate other than epoxy vinyl ester, and diallyl phthalate (see page 2 lines 63 to 95 which discloses use of epoxy resin; Nabeshima et al. [0033]-[00339], [0075] discloses uncured composition material containing reinforcing fiber and a vinyl ester resin for specific strength, high stiffness, and high lightening effect).
As for claim 18, Asahi Chemical in view of Nabeshima et al., further teach wherein the bundling liquid further contains a reactive diluent (see page 3 lines 1-4 which discloses use of various other polymers which is considered as reactive diluents, unless otherwise specified in claim; also see Nabeshima et al. [0075] discloses use of reactive diluent).
As for claim 21-24, Asahi Chemical and Nabeshima et al., further teach wherein all or at least 99% by weight of the discontinuous carbon fibers have a fiber length of 60 mm or less, 50 mm or less, 40 mm or less, 30 mm or less, or 20 mm or less and wherein the carbon fiber composite sheet contains no carbon fiber having a fiber length of less than 3 mm or less than 10 mm, or even when such a carbon fiber is contained therein, its content is less than 5 wt% based on the total carbon fibers contained in the carbon fiber composite sheet. (see abstract of Asahi Chemical discloses cutting length 1-10 mm; also see Nabeshima [0069])), therefore, the bundle length would also be between the claim ranges 3-10mm or more (see abstract Asahi or Nabeshima [0069]).
As for claim 26-30, Asahi Chemical fails to explicitly teach wherein the fiber weight content of the carbon fiber composite sheet is 20 wt% or more and less than 30 wt%, 30 wt% or more and less than 40 wt%, 40 wt% or more and less than 50 wt%, 50 wt% or more and less than 60 wt%, 60 wt% or more and less than 70 wt%, or 70 wt% or more and 80 wt% or less…as claimed.
In the same field of endeavor, pertaining to use of carbon fiber with thermosetting resin, Nabeshima et al. teach using short carbon fibers with thermosetting resins to produce composite molded article (see [0022]-[0027],[0042]-[049] discloses specific carbon fiber type, including PAN based carbon fiber, similar to instant application; [0056]-[0061] molded composite article from these reinforced short carbon fiber material; [0063] discloses use of carbon fiber as reinforcing fiber with epoxy resin, also similar to instant application; additionally see [0067]-[0068] discloses use of short fiber tow as carbon fiber which is carbon fiber bundle).
Nabeshima et al. further teach the molding properties of the composite material (A) or the composite material (B), and the lightening of the molded article, the content rate of the reinforcing fiber in the fiber-reinforced composite material molded article of the present invention with respect to the total mass of the fiber-reinforced composite material molded article is preferably equal to or higher than 30% by mass and equal to or lower than 70% by mass, and more preferably equal to or higher than 40% by mass and equal to or lower than 60% by mass In a case where the content rate of the reinforcing fiber is equal to or higher than the lower limit of the above range, the strength or the stiffness of the molded article is sufficiently improved (see [0090] – Nabeshima et al.).
Additionally, Nabeshima et al. further teach the method for producing the fiber-reinforced composite material molded article of the present invention is a method of producing a fiber-reinforced composite material molded article having a thick portion with a thickness equal to or greater than 10 mm by compression-molding an uncured fiber-reinforced composite material ([0110]). Nabeshima et al. teach appropriate amount of fiber-reinforced composite material is put into a die (a lower die and an upper die) mounted on a press machine, by using the press machine, the die controlled (heated) to be determined temperature is clamped (see [0121]).
It would have been obvious to one ordinary skill in the art at the time of the Applicant’s invention to combine the teachings of forming carbon fiber bundles with thermosetting resins, as taught by Asahi Chemical with having specific amount/content of reinforced fibers, and compressing molding, as taught by Nabeshima et al., for the benefit of producing a molded part having high strength (see [0090]).
Claim(s) 19 is rejected under 35 U.S.C. 103 as being unpatentable over Asahi Chemical Ind (JPS 6166615 A, as provided by the Applicant’s IDS with translation; herein after Asahi Chemicals) in view of Reiter et al. (US 2013/0209724 A1) in view of Nabeshima et al. (US 2019/0366681 A1) in further view of Kia et al. (US 2019/0276617 A1).
Regarding claim 19, Asahi Chemical and Nabeshima et al. teach all the limitations to the claim invention as discussed above, however, fail to teach the discontinuous carbon fibers contain recycled carbon fibers.
In the same field of endeavor, pertaining to reinforced composite, Kia et al. teach a thermoplastic FRP sandwich structure application, the core layer 20 may comprise a combination of virgin thermoplastic polymer materials and recycled CFRTP materials supplemented with a suitable filler material. For instance, the core sheet 20A may be formed from approximately 30% recycle CFRTP and approximately 20% virgin polymer (e.g., nylon 6), with 50% by volume hollow glass microspheres. The recycled CFRTP composition may have short chopped carbon fibers (e.g., around 1 or 2 mm) (see [0024]).
It would have been obvious to one ordinary skilled in the art at the time of the Applicant’s invention to modify the materials (chopped fibers), as taught by Asahi Chemicals and Nabeshima et al., with further including recycled version of short fibers (carbon fibers), as taught by Kia et al., for the benefit of reducing cost.
Claim(s) 20 is rejected under 35 U.S.C. 103 as being unpatentable over Asahi Chemical Ind (JPS 6166615 A, as provided by the Applicant’s IDS with translation; herein after Asahi Chemicals) in view of Reiter et al. (US 2013/0209724 A1) in view of Nabeshima et al. (US 2019/0366681 A1) in further view of Kia et al. (US 2019/0276617 A1) and in further view of Maxey (US 2019/0112446 A1).
Regarding claim 20, Asahi Chemical and Nabeshima et al., and Kia et al. teach all the limitations to the claim invention as discussed above, however, fail to teach wherein the recycled carbon fibers include thermally degraded carbon fibers.
In the same field of endeavor, pertaining to carbon fibers, Maxey teaches recovery of reinforcing fibers (carbon fibers), including removal of residual solvent including matrix material (see [0008]), which then the fibers are used for prepreg form (see [0008]), in which fibers are held in uncured thermoset resin matrix (see [0008]). These recycled fibers, are thermally degraded, similar to instant specification, and are reused in prepreg. It would have been obvious to one ordinary skilled in the art at the time of the Applicant’s invention to modify the materials (chopped fibers), as taught by Asahi Chemicals and Nabeshima et al., with further including recycled version of short fibers (carbon fibers), as taught by Kia et al., that are thermally degraded, as taught Maxey, for providing material for composite shaping, with reduced cost, and also achieving desired mechanical properties in the article made.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-30 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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NAHIDA SULTANA
Primary Examiner
Art Unit 1743
/NAHIDA SULTANA/ Primary Examiner, Art Unit 1743
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