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 .
Response to Arguments
Applicant’s arguments and remarks, see (Pg. 8), filed on (9 – 3 – 2025), with respect to the amended feature(s) of claim(s) 1 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Fritze et al. (WO 2016144971 A1) in view of Huffa et al. (US 20160206939 A1). Claim Objections
Claim(s) 100 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 101 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Currently, claims 101 recite hardware stress or strain. Highlighting that there is no mention of hardware stress or strain within the body of the instant application until the most recent claim set. For the purpose of examination, it will be understood to be the stress / strain of hardware fabricated from the fiber-reinforced polymer composite panel.
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:
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.
A.) Claim(s) 67 – 71, 72 – 79, 81 – 95 is/are rejected under 35 U.S.C. 103 being unpatentable over Fritze et al. (WO 2016144971 A1, hereinafter Fritze) in view of Huffa et al. (US 20160206939 A1, hereinafter Huffa)Regarding claim 67,
A method of manufacturing at least a portion of a fiber-reinforced polymer composite panel comprising one or more reinforcing structure portions, wherein the at least a portion of the fiber-reinforced polymer composite panel is configured to have performance characteristics associated with use of the at least a portion of the fiber-reinforced polymer composite panel, the method comprising:
forming a main portion of the at least a portion of the fiber-reinforced polymer composite panel; and
sequentially forming the one or more reinforcing structure portions of the at least the portion of a fiber-reinforced polymer composite panel, by connecting a first reinforcing structure portion leading edge to a second reinforcing structure portion leading edge with a pull strand,
wherein the one or more reinforcing structure portions includes a material selected from one or more of the following materials: carbon, glass, ceramic, metal, boron, basalt, aramid, para-aramid, flax, hemp, jute, fiber optics, thermo-coupling wires, silicon rubber, UHMWPE, and synthetics,
wherein the one or more reinforcing structure portions include a functional configuration across the at least a portion of the fiber-reinforced polymer composite panel,
wherein the functional configuration of the one or more reinforcing structure portions is configured to optimize performance characteristics associated with performance of the at least a portion of the fiber-reinforced polymer composite panel,
wherein the functional configuration of the one or more reinforcing structure portions is further configured to reinforce the at least a portion of the fiber-reinforced polymer composite panel upon subjection to one or more loads during performance of the at least a portion of the fiber-reinforced polymer composite panel,
wherein the one or more loads during performance of the at least a portion of the fiber-reinforced polymer composite panel include one or more load types: friction, tensile stress, shear stress, heat, vibration, impact, weight, wear, and stretch, and
wherein the functional configuration of the one or more reinforcing structure portions further includes a geometrically and proportionally reinforcement configuration across the at least a portion of the fiber-reinforced polymer composite panel,
wherein the geometrically and proportionally reinforcement configuration is configured to respond to the subjection to the one or more loads onto the at least a portion of the fiber-reinforced polymer composite panel during the performance of the at least a portion of the fiber-reinforced polymer composite panel;.
Fritze teaches the following:
& b.) ([0049]) teaches although illustrated as a single wall 206 in FIG. 5A, at least a portion of preform 200 preferably has two layers of knit (see walls or layers 206a, 206b as shown in FIG. 5B). Where the two-layers of knit provides for a reinforced portion of the preform.
([0050]) teaches that for example, two or more seamless knitted preforms may be individually knit and one preform may subsequently be inserted into another preform.
([0071]) teaches the preform may be knit using various types of yarns including d.) SGL carbon fiber. ([0071]) adds that the preform may be knit using yarn comprising Kevlar, tangled carbon and hemp fibers, the preform may be knit using any type of aramid or para-aramid fiber known in the art.
& h.) ([0050]) teaches that a second preform 200b may be inserted into first preform 200a and both preforms 200a and 200b are formed into a composite product 100. This results in composite product 100 having a double layer structure in the generally tubular shaped sections 220a, 220b and a single layer structure in the perpendicular tube 224. Where the reinforcement structures/ double layering is found at the tubular shaped sections.
, f.), g.) & i.) ([0049]) teaches that the two-layer construction of preform 200 may increase strength and stiffness of composite product 100. Where optimized performance characteristics are understood to be the strength and stiffness of composite product. Where, the stiffness is understood to be equivalent to the tensile strength, and an increase in stiffness is understood to be an increase in resistance to tensile stress. Accordingly, utilizing a two-layer construction is understood to provide for an increase in strength, stiffness and stitch density, thus impacting several attributes that are passive until acted upon by a load type such as tensile stress, stretch, weight and air /wind resistance.
Regarding Claim 67, Fritze is silent on sequentially forming the one or more reinforcing structure portions of the at least the portion of a fiber-reinforced polymer composite panel, by connecting a first reinforcing structure portion leading edge to a second reinforcing structure portion leading edge with a pull strand. In analogous art for fabricating textile material used to fabricate articles comprising multiple different sections joined with one another, or can be knitted, weaved or otherwise assembled on an automated assembly machine from strands, and/or can be formed as a unitary textile material having regions/sections with different physical and/or mechanical properties, (Abstract), Huffa suggests details regarding sequentially forming the one or more reinforcing structure portions of the at least the portion of a fiber-reinforced polymer composite panel, by connecting a first reinforcing structure portion leading edge to a second reinforcing structure portion leading edge with a pull strand, and in this regard, Huffa teaches the following:
([0329]) teaches that a strip of lacrosse pockets including first, second, third and more complete lacrosse pockets, each knitted, weaved or otherwise constructed in a manner similar to that described above. ([0331]) teaches that the controller and/or the automated assembly machine can access the lacrosse pocket data to thereby control the assembly machine and produce a strip of lacrosse pockets in a desired number and configuration. ([0332]) teaches when producing a strip 1390S of lacrosse pockets, the individual lacrosse pockets can be separated from one another in a variety of manners. In one example, the respective edges, for example, 1310L and 1310U′ can be joined with the edge interface 1360 in the form of a single pull stitch or strand. This pull stitch can be pulled by a machine or a human operator so that the respective edges separate from one another and/or the edge interface, thereby allowing the pocket 1310′ to be removed from or dissociated from the pocket 1310. ([0333]) teaches that in some cases, where the lower edge 1310L of one pocket is joined directly with the upper edge 1310U′ of another pocket, a pull strand at the edge interface 1360 can be pulled to separate the second pocket 1310′ from the first pocket 1310. Highlighting, the strip 1390s fabrication arrangement is best illustrated in (Fig. 51).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the production method for manufacturing a composite product made from a seamless knitted preform via a knitting machine, the preform is impregnated with resin and cured into a composite product of Fritze. By modifying the production method of knitting the preforms and / or weaving machine 1390 to include a producing a strip 1390S of lacrosse pockets / preforms, that the respective edges, for example, 1310L and 1310U′ can be joined with the edge interface 1360 in the form of a single pull stitch or strand, ([0329] – [0332]). Highlighting, one would be motivated to implement production method of knitting the preforms and / or weaving machine 1390 to include a producing a strip 1390S of lacrosse pockets / preforms, that the respective edges, for example, 1310L and 1310U′ can be joined with the edge interface 1360 in the form of a single pull stitch or strand as it provides for a means to fabricating any number of a plurality of lacrosse pockets / preform sequentially that are ultimately separated from one another in a variety of manners, that generally retain their predefined three dimensional shapes, ([0329] – [0332] & [0335]). Accordingly, the use of known technique to improve similar devices (methods, or products) in the same way and/or the application of a known technique to a known device (method, or product) ready for improvement to yield predictable results provides for "A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense." KSR int'l Co. v. Teleflex Inc., 127 S. Ct. 1727, 82 USPQ2d 1385 (2007), MPEP 2143. Regarding claim 68 as applied to claim 67,
Wherein the performance characteristics associated with performance of the at least a portion of the fiber-reinforced polymer composite panel includes one or more of: dynamic, stationary, aesthetic, and functional performance characteristics.
Fritze teaches the following:
([0053]) teaches that preform 200 may include any number and combination of details, including but not limited to, reinforced portions, raised portions, lowered portions, penetrating portions, voids (or holes), each of which may be continuously and seamlessly knit into preform 200. As such, the performance characteristics associated with performance include at least aesthetic, and functional performance characteristics.
Regarding claim 69 as applied to claim 67,
Wherein the at least a portion of the fiber-reinforced polymer composite panel is configured to have one or more stitch structures in one or more of the main portion and the one or more reinforcing structure portions.
Fritze teaches the following:
([0049]) teaches although illustrated as a single wall 206 in FIG. 5A, at least a portion of preform 200 preferably has two layers of knit (see walls or layers 206a, 206b as shown in FIG. 5B). Where the two-layers of knit provides for a reinforced portion of the preform. ([0049]) adds that the perform 200 has a weft knit structure. ([0076]) adds that in other embodiments a warp knit structure may be used amongst others. As such, the first and second layers forming the main portion and reinforcing structure portions, respectively are both understood to comprise a weft or warp knit structure.
Regarding claim 70 as applied to claim 69,
Further comprising:
transforming at least one of the one or more stitch structures into a mold structure to form the one or more reinforcing structure portions,
wherein at least another one of the one or more stitch structures includes one or more thermal plastic adhesive strands.
Fritze teaches the following:
(Abstract) teaches that the seamless knitted preform is subsequently assembled into a female mold wherein the seamless knitted preform is stretched to conform the seamless knitted preform to the internal surface of the female mold. ([0052]} teaches that the preform 200 can be knitted and then molded into a variety of shapes.
([0084]) teaches preform 200 is knit of yarn comprising synthetic and/or natural fibers commingled with polymeric matrix fibers. In various embodiments, for example, the polymeric matrix fibers may be thermoset fibers or thermoplastic fibers. ([0086]) teaches for example, preform 200 may be heated for a sufficient time to a temperature from about 180" C to about 350° C to at least partially cure preform 200 into a solid composite product 100. This heating causes the commingled polymeric matrix fibers to melt and coat the natural and/or synthetic fibers; the polymeric matrix fibers then set. As such, the use of thermal plastic adhesive strands are understood to be disclosed.
Regarding claim 71 as applied to claim 70,
Wherein the at least a portion of a fiber-reinforced polymer composite panel further comprises a material formed of one or more functional yarns configured to be substantially resistant to resin in transforming the one or more stitch structures into a composite structure.
Fritze teaches the following:
([0084]) teaches preform 200 is knit of yarn comprising synthetic and/or natural fibers commingled with polymeric matrix fibers. In various embodiments, for example, the polymeric matrix fibers may be thermoset fibers or thermoplastic fibers. In various embodiments, for example, the polymeric matrix fibers may be polytetrafluoroethylene (PTFE) fibers. Highlighting, applicant notes on ([0086]) of the instant application's specifications that Materials may be knitted in specific areas to resist resin, such as Teflon and other types of fiber. As such, Fritze is understood to disclose implementing functional yarns configured to be substantially resistant to resin. Accordingly, while no discrepancies are perceived to exist regarding Fritze teaching functional yarns configured to be substantially resistant to resin. Nevertheless, if it is found that Fritze does not teach functional yarns configured to be substantially resistant to resin. The case law for substantially identical process and properties may be recited. Where the process and materials of Fritzie resembles that of the instant application, as such the properties possessed by polytetrafluoroethylene (PTFE) fibers / functional yarns being configured to be substantially resistant to resin, would be found in the polytetrafluoroethylene (PTFE) fibers of Fritzie.
Regarding claim 72 as applied to claim 67,
Wherein the one or more reinforcing structure portions includes one or more of a composite reinforcing structure.
Fritze teaches the following:
([0049]) teaches that preform 200 is preferably knit with a high stitch density (courses per inch and wales per inch) such that the seamless knitted wall 206 of preform is near air-tight. This knit density allows fora desired ratio of reinforcement material (fiber) to polymeric matrix (matrix) in composite product 100. As such, the product produced comprising tailored layers of knit and thus tailored stitch density is understood to be a composite product.
Regarding claim 73 as applied to claim 67,
Wherein the at least a portion of the fiber-reinforced polymer composite panel is one of a flat two-dimensional shape and
a three-dimensional shape.
Fritze teaches the following:
([0050]) teaches when second preform 200b is inserted into first preform 200a and both preforms 200a and 200b are formed into a composite product 100. This results in composite product 100 having a double layer structure in the generally tubular shaped sections 220a, 220b and a single layer structure in the perpendicular tube 224. Highlighting, as best illustrated in (Fig. 7C) due to the double layer structure forming when inserting one preform into the other, the top opening in which perpendicular tube 224 is inserted, is found to comprise a flat annular/ring section that forms a reinforced two-dimensional shape.
([0051]) teaches one or more parameters of two or more preforms may be identical or different between the two or more preforms, the parameters including, but not limited to, shape. ([0052}) teaches that the possibilities for varying the knit of preform 200 allows for the seamless production of complex three-dimensional shapes. As such, at least a portion of the fiber-reinforced polymer composite panel comprises a flat two-dimensional shape and/or a three-dimensional shape.
Regarding claim 74 as applied to claim 67,
Wherein the at least a portion of the fiber-reinforced polymer composite panel is configured to have one or more layers of the main portion and the one or more reinforcing structure portions.
Fritze teaches the following:
([0050]) teaches that if each of preform 200a and 200b are knit with two layers, the combination of 200a and 200b will result in a composite product 100 having four layers of knit in the generally tubular shaped sections 220a, 220b. As such, the assembled preform is understood to have two first layers/main portions one in each preform 200a and 200b and two second layers/reinforcing structure portions again one in each preform 200a and 200b. As such, the at least a portion of the fiber-reinforced polymer composite panel is configured to have one or more layers of the main portion and the one or more reinforcing structure portions
Regarding claim 75 as applied to claim 67,
Wherein the at least a portion of the fiber-reinforced polymer composite panel is configured to have the one or more reinforcing structure portions as one or more interior liner layers of the at least a portion of the fiber-reinforced polymer composite panel.
Fritze teaches the following:
([0049]) at least a portion of preform 200 preferably has two layers of knit (see walls or layers 206a, 206b as shown in FIG. 58). The two-layer construction of preform 200 may increase strength and stiffness of composite product 100. As illustrated, the double layer construction provides for one layer that is interior to the other. As such, the reinforcing structure portions are understood to be the interior layers.
Regarding claim 76 as applied to claim 67,
Wherein the at least a portion of the fiber-reinforced polymer composite panel includes two or more areas in one of a flat two-dimensional shape and
a three-dimensional shape.
Fritze teaches the following:
([0053]) teaches that preform 200 may include any number and combination of details, including but not limited to, reinforced portions, raised portions, lowered portions, penetrating portions, voids (or holes), each of which may be continuously and seamlessly knit into preform 200. ([0052]) noting that it will be understood by one of ordinary skill that preform 200 can be knitted into any shape or size without departing from the scope of the disclosure. Adding, while no discrepancies are perceived to be found regarding the shapes provided by the composite panel of Fritze. ([0050]) teaches when second preform 200b is inserted into first preform 200a and both preforms 200a and 200b are formed into a composite product 100. This results in composite product 100 having a double layer structure in the generally tubular shaped sections 220a, 220b and a single layer structure in the perpendicular tube 224. Highlighting, as best illustrated in (Fig. 7C) due to the double layer structure forming when inserting one preform into the other, the top opening in which perpendicular tube 224 is inserted, is found to comprise a flat annular/ring section that forms a reinforced two-dimensional shape.
([0051]) teaches one or more parameters of two or more preforms may be identical or different between the two or more preforms, the parameters including, but not limited to, shape. ([0052}) teaches that the possibilities for varying the knit of preform 200 allows for the seamless production of complex three-dimensional shapes. As such, at least a portion of the fiber-reinforced polymer composite panel comprises two or more areas in one of a flat two-dimensional shape and/or a three-dimensional shape.Accordingly, while no discrepancies are perceived to exist regarding Fritze teaching at least a portion of the fiber-reinforced polymer composite panel includes two or more areas in one of a flat two-dimensional shape and/or a three-dimensional shape. Nevertheless, if it is found that Fritze does not teach the aforementioned. The case law for the change of shape may be recited. Where, it has been held that a mere change in shape without affecting the functioning of the part would have been within the level of ordinary skill in the art, In re Dailey et al., 149 USPQ 47; Eskimo Pie Corp. v, Levous et al., 3 USPQ 23.
Regarding claim 77 as applied to claim 67,
Wherein the at least a portion of the fiber-reinforced polymer composite panel is configured to have one or more polymer-reinforcing fibers in one or more of the main portion and the one or more reinforcing structure portions.
Fritze teaches the following:
(Claim 21) teaches that the yarn comprises fibers selected from the group comprising one or more of aramid fiber, para-aramid fiber, wooly nylon fiber, carbon fiber, linen fiber, hemp fiber, poly(p- phenylene-2,6-benzobisoxazole) fiber, polyethylene fiber, polyester fiber, nylon fiber or monofilament, polyethylene terephthalate (PET) fiber, and metal or metallic fiber. Where carbon fiber. ([0072]) teaches that the preform may be knitted with yarn comprising a variety of fibers. In certain embodiments, the secondary fibers may be used instead of the primary fibers. In other embodiments, the secondary fibers may be used in addition to the primary fibers. Examples of secondary fibers that may be knit into preform include, but are not limited to, Zylon (poly(p-phenylene-2,6-benzobisoxazole)) fiber, polyethylene fiber, stainless steel fiber, polyester fiber, nylon fiber or monofilament, aramid fiber, Polyethylene terephthalate (PET) fiber or monofilament, the combination of Zylon and polyethylene fibers, the combination of stainless steel and polyester fibers, the combination of Zylon and polyester fibers, the combination of nylon fiber, and aramid fiber, the combination of Zylon fiber and nylon fiber or monofilament, other natural or synthetic fibers or monofilaments, metal or metallic fibers, and/or any combination thereof. As such, a portion of the fiber-reinforced polymer composite panel is configured to have one or more polymer-reinforcing fibers in one or more of the main portion and the one or more reinforcing structure portions.
Regarding claim 78 as applied to claim 67,
Wherein the main portion and the one or more reinforcing structure portions comprise different materials,
wherein the material of the one or more reinforcing structure portions further includes one or more of the following strand types: a reinforcement yarn, a polymer-reinforcing strand, a sacrificial material strand, an adhesive material strand, a thermal plastic material strand, a vibration dampening strand, a heat dissipative strand, a wire assembly strand, a non-polymer-reinforcing strand, a resin pre-impregnated strand, live sacrificial strand, and a comingled material strand.
Fritze teaches the following:
& b.) (Claim 21) teaches that the yarn comprises fibers selected from the group comprising one or more of aramid fiber, para-aramid fiber, wooly nylon fiber, carbon fiber, linen fiber, hemp fiber, poly(p-phenylene-2,6-benzobisoxazole) fiber, polyethylene fiber, polyester fiber, nylon fiber or monofilament, polyethylene terephthalate (PET) fiber, and metal or metallic fiber. ([0072]) teaches that the preform may be knitted with yarn comprising a variety of fibers. In certain embodiments, the secondary fibers may be used instead of the primary fibers. In other embodiments, the secondary fibers may be used in addition to the primary fibers. Examples of secondary fibers that may be knit into preform include, but are not limited to, Zylon (poly(p-phenylene-2,6-benzobisoxazole)} fiber, polyethylene fiber, stainless steel fiber, polyester fiber, nylon fiber or monofilament, aramid fiber, Polyethylene terephthalate (PET) fiber or monofilament, the combination of Zylon® and polyethylene fibers, the combination of stainless steel and polyester fibers, the combination of Zylon and polyester fibers, the combination of nylon fiber, and aramid fiber, the combination of Zylon® fiber and nylon fiber or monofilament, other natural or synthetic fibers or monofilaments, metal or metallic fibers, and/or any combination thereof. Where the use of a secondary fibers that includes steel/ metallic fibers is understood to be a non-polymer-reinforcing strand. ([0051]) also teaches that one or more parameters of two or more preforms may be identical or different between the two or more preforms, the parameters including, but not limited to, shape, length, fiber type, color, pattern, knit type, knit density, openings, etc. For example, each of the preforms may be knit of yarn made of the same type of fiber, different fibers, or any combination of fibers. As such, the main portion and the one or more reinforcing structure portions comprise different materials and the material of the one or more reinforcing structure portions includes one or more of the aforementioned strand types.
Regarding claim 79 as applied to claim 67,
Wherein the functional configuration of the one or more reinforcing structure portions is further configured to be non-uniform across the at least a portion of the fiber-reinforced polymer composite panel.
Fritze teaches the following:
a.) ([0049]) teaches that, at least a portion of preform 200 preferably has two layers of knit (see walls or layers 206a, 206b as shown in FIG. 5B). The two-layer construction of preform 200 may increase strength and stiffness of composite product 100. ([0050]) teaches that if each of preform 200a and 200b are knit with two layers, the combination of 220a and 200b will result in a composite product 100 having four layers of knit in the generally tubular shaped sections 220a, 220b and a single layer structure in the perpendicular tube 224. Highlighting, that the four layers of knit structure / reinforcements are only found in the generally tubular shaped sections 220a, 220b. As such, the functional configuration of the one or more reinforcing structure portions is further configured to be non-uniform across the at least a portion of the fiber-reinforced polymer composite panel.
Regarding claim 81 as applied to claim 67,
Wherein the main portion overlaps the one or more reinforcing structure portions in a layered construction of the at least a portion of the fiber-reinforced polymer composite panel.
Fritze teaches the following:
([0049]) teaches that at least a portion of preform 200 preferably has two layers of knit (see walls or layers 206a, 206b as shown in FIG. 5B). The two-layer construction of preform 200 may increase strength and stiffness of composite product 100. ([0050]) teaches that seamless knitted preforms may be individually knit and one preform may subsequently be inserted into another preform. An exemplary embodiment is shown in FIGS. 7 A-7C. A composite product 100 may be made of two preforms 200a and 200b inserted into one another. As such, the main portion overlaps the one or more reinforcing structure portions in a layered construction of the at least a portion of the fiber-reinforced polymer composite panel.
Regarding claim 82 as applied to claim 67,
Wherein the main portion does not overlap the one or more reinforcing structure portions in the at least a portion of the fiber-reinforced polymer composite panel.
Fritze teaches the following:
([0049]) teaches that with specific reference to FIG. 5A, it can be seen that the knit of preform 200, prior to inflation and stretching, is generally curved. That is, yarn 204 follows an undulating path in the course-wise direction to form a population of generally curved non-closed loops 202. Yarn 204 is shown as a single strand in FIG. 4A. ([0050]) teaches that if each of preform 200a and 200b are knit with two layers, the combination of 220a and 200b will result in a composite product 100 having four layers of knit in the generally tubular shaped sections 220a, 220b and a single layer structure in the perpendicular tube 224. Highlighting, that the four layers of knit structure / reinforcements are only found in the generally tubular shaped sections 220a, 220b while the perpendicular tube 224 is found to have a single layer/not overlapping reinforcing structure.
Regarding claim 84 as applied to claim 67,
Wherein the functional configuration of the one or more reinforcing structure portions is further configured as one or more of a corrugation portion, a conductive portion, or an embedded wire portion.
Fritze teaches the following:
([0072]) teaches that the preform may be knitted with yarn comprising a variety of secondary fibers. In certain embodiments, the secondary fibers may be used instead of the primary fibers. In other embodiments, the secondary fibers may be used in addition to the primary fibers. Examples of secondary fibers that may be knit into preform include, but are not limited to, stainless steel fiber, the combination of stainless steel and polyester fibers, the combination of Zylon® and polyester fibers, the combination of nylon fiber, and aramid fiber, the combination of Zylon® fiber and nylon fiber or monofilament, other natural or synthetic fibers or monofilaments, metal or metallic fibers, and/or any combination thereof. Where the metallic / steel fibers are understood to be an embedded wire portion. Additionally, the use of stainless-steel fiber is understood to provide a conductive portion. As such, the functional configuration of the one or more reinforcing structure portions is further configured as one or more of a conductive portion, and/or an embedded wire portion.
Regarding claim 85 as applied to claim 67,
Wherein the main portion has a substantially uniform density across the at least a portion of the fiber-reinforced polymer composite panel.
Fritze teaches the following:
([0053]) teaches that the consistency of the knit of preform 200 may be controlled as preform 200 is knit. For example, the density, elasticity, fiber type, fiber color may be altered as preform 200 is knit. This may result in density, elasticity, fiber type, and/or fiber color variations in localized portions of preform 200. As such, the density is understood to be tailorable, including a uniform density or non-uniform density as preform 200 is knit.
Regarding claim 86 as applied to claim 67,
Wherein the one or more reinforcing structure portions is configured to include a density with a non-uniform distribution across the at least a portion of the fiber-reinforced polymer composite panel,
wherein the non-uniform distribution is minimized proportionally relative to a density of the main portion.
Fritze teaches the following:
& b.) ([0053]) teaches that the consistency of the knit of preform 200 may be controlled as preform 200 is knit. For example, the density, elasticity, fiber tyре, fiber color may be altered as preform 200 is knit. This may result in density, elasticity, fiber type, and/or fiber color variations in localized portions of preform 200. As such, the density is understood to be tailorable, including a uniform density or non-uniform density as preform 200 is knit. Highlighting, that the variations are understood to be in localized portions of preform as desired. As such, the one or more reinforcing structure portions is configured to include a density with a non-uniform distribution across the at least a portion of the fiber-reinforced polymer composite panel and the non-uniform distribution may be minimized proportionally relative to a density of the main portion.
Regarding claim 87 as applied to claim 67,
Wherein a density of the one or more reinforcing structure portions throughout the at least a portion of the fiber-reinforced polymer composite panel is configured to compensate, proportionally, to the one or more loads at least a portion of the fiber-reinforced polymer composite panel.
Fritze teaches the following:
([0053]) teaches that the consistency of the knit of preform 200 may be controlled as preform 200 is knit. For example, the density, elasticity, fiber type, fiber color may be altered as preform 200 is knit. This may result in density, elasticity, fiber type, and/or fiber color variations in localized portions of preform 200. As such, the density is understood to be tailorable, including a uniform density or non-uniform density as preform 200 is knit. Highlighting, that the variations are understood to be in localized portions of preform as desired.
Regarding claim 88 as applied to claim 67,
Wherein the main portion comprises one or more of the following materials: polyester, polyethylene, polyamide, polypropylene, polyurethane, polycarbonate, polyphenylene sulfide, polyether ether ketone, polyvinyl chloride, glass, or polyethylene terephthalate.
Fritze teaches the following:
(Claim 21) teaches that the yarn comprises fibers selected from the group comprising one or more of polyethylene fiber, polyester fiber, nylon fiber or monofilament, polyethylene terephthalate (PET) fiber, and metal or metallic fiber. ([0072]) teaches that the preform may be knitted with yarn comprising a variety of fibers. In certain embodiments, the secondary fibers may be used instead of the primary fibers. In other embodiments, the secondary fibers may be used in addition to the primary fibers. Examples of secondary fibers that may be knit into preform include, but are not limited to, polyethylene fiber, stainless steel fiber, polyester fiber, nylon fiber or monofilament, aramid fiber, Polyethylene terephthalate (PET) fiber or monofilament and/or any combination thereof. As such, the main portion of the composite panel comprises one or more of the aforementioned materials.
Regarding claim 89 as applied to claim 67,
Wherein a density of the one or more reinforcing structure portions is configured to vary across the at least a portion of a fiber-reinforced polymer composite panel according to functional performance characteristics of the at least a portion of a fiber-reinforced polymer composite panel.
Fritze teaches the following:
([0049]) teaches that at least a portion of preform 200 preferably has two layers of knit (see walls or layers 206a, 206b as shown in FIG. 5B). The two-layer construction of preform 200 may increase strength and stiffness of composite product 100. As such, only a portion of preform is required to have the two layers of knit, adding that the sections of the preform that comprise the two layers construction are those that require functional performance characteristics such as an increase strength and stiffness of composite.
Regarding claim 90 as applied to claim 67,
Wherein the at least a portion of a fiber-reinforced polymer composite panel is configured a third portion having a material selected from one or more of the following materials: carbon, glass, ceramic, metal, boron, basalt, aramid, flax, hemp, jute, polyphenylene sulfide, polyether ether ketone, or polyetherimide, the third portion being configured to enhance the performance characteristics of the at least a portion of a fiber-reinforced polymer composite panel,
wherein the performance characteristics are further configured to resist one or more of the following conditions: heat exposure, chemical exposure, and functional transmission of heat, light, load, and energy.
Fritze teaches the following:
& b.) (Claim 21) teaches that the yarn comprises fibers selected from the group comprising one or more of aramid fiber, carbon fiber, hemp fiber, poly(pphenylene-2,6-benzobisoxazole) fiber, polyethylene fiber, polyester fiber, nylon fiber or monofilament, polyethylene terephthalate (PET) fiber, and metal or metallic fiber. ([0072]) teaches that the preform may be knitted with yarn comprising a variety of fibers. In certain embodiments, the secondary fibers may be used instead of the primary fibers. In other embodiments, the secondary fibers may be used in addition to the primary fibers. Examples of secondary fibers that may be knit into preform include, but are not limited to, polyethylene fiber, stainless steel fiber, polyester fiber, nylon fiber or monofilament, aramid fiber, Polyethylene terephthalate (PET) fiber or monofilament, other natural or synthetic fibers or monofilaments, metal or metallic fibers, and/or any combination thereof.Where the use of carbon fiber, hemp, aramid and/or metallic fibers are understood to provide improvements to one or more of the following heat exposure, chemical exposure, and functional transmission of heat, light, load, and energy. Highlighting, that the case law for substantially identical process and structure may be recited. Where, it has been held that where the claimed and prior art products are identical or substantially identical in structure or are produced by identical or a substantially identical processes, a prima facie case of either anticipation or obviousness will be considered to have been established over functional limitations that stem from the claimed structure. In re Best, 195 USPQ 430, 433 (ССРA 1977), In re Spada, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). The prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed products. In re Best, 195 USPQ 430, 433 (CСРА 1977).
Regarding claim 91 as applied to claim 67,
Wherein the at least a portion of a fiber-reinforced polymer composite panel is configured to include regions of varying fiber densities proportional to the mechanical stress or environmental exposure.
Fritze teaches the following:
([0053]) teaches that the consistency of the knit of preform 200 may be controlled as preform 200 is knit. For example, the density, elasticity, fiber type, fiber color may be altered as preform 200 is knit. This may result in density, elasticity, fiber type, and/or fiber color variations in localized portions of preform 200. As such, the density is understood to be tailorable, including a uniform density or non-uniform density as preform 200 is knit. Highlighting, that the varying of fiber densities are understood to be tailorable and in localized portions of preform as desired.
Regarding claim 92 as applied to claim 67,
Wherein the at least a portion of a fiber-reinforced polymer composite panel is configured for use in vehicles, including aerospace, automotive, sports, helicopters, drones, propeller blades, or in protective equipment.
Fritze teaches the following:
While Fritze does not disclose intended implementations for the knitted composite article. The case law for relevance of structure in method claims may be recited. Where, the courts have found to be entitled to weight in method claims, the recited structural limitations therein must affect the method in a manipulative sense, and not amount to the mere claiming of a use of a particular structure, Ex parte Pfeiffer, 135 USPQ 31.
Regarding claim 93 as applied to claim 67,
Wherein the at least a portion of a fiber-reinforced polymer composite panel is configured to have a non-uniform thickness, with areas of greater thickness corresponding proportionally to regions of higher expected mechanical loads or environmental exposure.
Fritze teaches the following:
([0052]) teaches that at least a portion of the seamless knitted wall is increased in thickness compared to other portions of the seamless knitted wall. ([0078]) adds that a variety of factors can be changed during the knitting of preform 200, including but not limited to, yarn directionality, linear yarn layering, wall thickness. These factors can be changed depending on the desired properties of composite product 100. Highlighting, this is also shown in (Fig. 1).
Regarding claim 95 as applied to claim 67,
Wherein the one or more reinforcing structure portions is oriented in a specific pattern across the at least a portion of a fiber-reinforced polymer composite panel is configured to enhance its resistance to specific experiences selected from the group consisting of: friction, tensile stress, shear stress, vibration, impact, heat dissipation, and wear.
Fritze teaches the following:
([0049]) teaches that at least a portion of preform 200 preferably has two layers of knit (see walls or layers 206a, 206b as shown in FIG. 5B). The two-layer construction of preform 200 may increase strength and stiffness of composite product 100. Where the portion of the preform comprising a two-layer structure is understood to have an increase in stiffness / tensile stress resistance. Additionally, ([0077]) teaches that straight yarn may be woven into preform 200 by flat knitting machine 400, for example, in the wale-wise direction and/or the course-wise direction. These inlaid or woven in yarns may assist in providing greater reinforcement to preform 200 and composite product 100. In this process, yarn is placed amidst the knit loops, or other interwoven wale-wise direction and/or course-wise direction yarn and provides additional strength. As such, by providing increased strength in a specific direction, i.e., wale-wise direction and/or course-wise direction the tensile strength of the article in the appropriate direction will increase. Additionally, ([0044]) teaches that testing has shown that the mechanical properties (e.g., tensile strength, Young's modulus, tensile force, etc.) of composite product 100 using preform 20 knitted from air tangled fibers are about 5 to about 8% better than a composite product using a preform knitted from fibers that is not air tangled. Adding, the providing from air tangled fibers provides for increase the resistance to tensile stress.
B.) Claim(s) 70 & 92, is/are rejected under 35 U.S.C. 103 as being unpatentable over Fritze in view of Huffa and in further view of Huffa et al. (JP 2016182350 A, hereinafter Huffa II)Regarding claim 70 as applied to claim 69,
Further comprising:
transforming at least one of the one or more stitch structures into a mold structure to form the one or more reinforcing structure portions,
wherein at least another one of the one or more stitch structures includes one or more thermal plastic adhesive strands.
Fritze teaches the following:
(Abstract) teaches that the seamless knitted preform is subsequently assembled into a female mold wherein the seamless knitted preform is stretched to conform the seamless knitted preform to the internal surface of the female mold. ([0052]} teaches that the preform 200 can be knitted and then molded into a variety of shapes.
([0084]) teaches preform 200 is knit of yarn comprising synthetic and/or natural fibers commingled with polymeric matrix fibers. In various embodiments, for example, the polymeric matrix fibers may be thermoset fibers or thermoplastic fibers. ([0086]) teaches for example, preform 200 may be heated for a sufficient time to a temperature from about 180° C to about 350° C to at least partially cure preform 200 into a solid composite product 100. This heating causes the commingled polymeric matrix fibers to melt and coat the natural and/or synthetic fibers; the polymeric matrix fibers then set. As such, the use of thermal plastic adhesive strands are understood to be disclosed.
Regarding Claim 70, Fritze as modified by Huffa is silent on the polymeric matrix fibers being thermal plastic adhesive strands. In analogous art for a knitted component comprising fiber that are woven together, Huffa II suggests details regarding polymeric matrix fibers being thermal plastic adhesive strands and, in this regard, Huffa II teaches the following:
(Pg. 14, ([0029]) teaches yarn 139 may be considered a fusible yarn if it may be used to fuse or otherwise join portions of knitted component 130 to one another. As such the fusible yarn is understood to provide adhesion. (Pg. 14, ([0029]) adding that in some configurations of knitted component 130, yarns 138 (i.e., the non-fusible yarns) may be substantially formed from a thermosetting polyester material, and yarns 139 (i.e., the fusible yarns) may be at least partially formed from a thermoplastic polyester material. As such, the fusible yarn is understood to a thermoplastic material that provides adhesion, as such a thermal plastic adhesive strands.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the production method for manufacturing a composite product made from a seamless knitted preform via a knitting machine, the preform is impregnated with resin and cured into a composite product of Fritze as modified by Huffa. By further modifying the composite knitted preform to include thermoplastic fibers / fusible yarn strands, as taught by Huffa II. Highlighting, implementation of thermoplastic fibers / fusible yarn strands provides a means for allowing for joining portions of knitted component fabricated from non-fusible yarn strands, (Pg. 14, ([0029]).
Regarding claim 92 as applied to claim 67,
Wherein the at least a portion of a fiber-reinforced polymer composite panel is configured for use in vehicles, including aerospace, automotive, sports, helicopters, drones, propeller blades, or in protective equipment.
Regarding Claim 92, Fritze as modified by Huffa is silent on the implementations and uses for the fiber-reinforced polymer composite panel. In analogous art as applied above, Huffa II suggests details regarding the implementations and uses for the fiber-reinforced polymer composite panel, in this regard, Huffa II teaches the following:
(Pg. 6, [0011]) teaches that the following description and the accompanying drawings disclose various concepts related to knitted components and manufacturing of knitted components. Although the knitted components may be utilized in a variety of products, as one example, an article of footwear incorporating one of the knitted components is disclosed below. 218 In addition to footwear, knitted components may be utilized in other types of apparel (e.g., shirts, pants, socks, jackets, underwear), athletic equipment (e.g., golf bags, baseball and football gloves, soccer ball containment structures), containers (e.g., backpacks, bags), and furniture upholstery (e.g., chairs, sofas, car seats).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the production method for manufacturing a composite product made from a seamless knitted preform via a knitting machine, the preform is impregnated with resin and cured into a composite product of Fritze as modified by Huffa. By further modifying the composite knitted preform to be utilized in various articles include sports and consumer goods, as taught by Huffa II. Highlighting, implementing the composite knitted preform in various articles include sports and consumer goods provides for join another element (e.g., a logo, trademark, and tag bearing warning and material information) to the shoe via knitted component 130, ([0029]) and knitted component 130 forms a substantial portion of upper 120, while increasing manufacturing efficiencies, reducing waste, and simplifying recyclability, ([0033]).C.) Claim(s) 95, is/are rejected under 35 U.S.C. 103 as being unpatentable over Fritze in view of Buffa and in further view of Fahmi et al. (US 20140130376 A1, hereinafter Fahmi)
Regarding claim 95 as applied to claim 67,
Wherein the one or more reinforcing structure portions is oriented in a specific pattern across the at least a portion of a fiber-reinforced polymer composite panel is configured to enhance its resistance to specific experiences selected from the group consisting of: friction, tensile stress, shear stress, vibration, impact, heat dissipation, and wear.
Regarding Claim 95, Fritze as modified by Huffa is silent on reinforcing structure portions being oriented in a specific pattern across the fiber-reinforced polymer composite. In analogous art for a knitted component comprising fiber that are woven together, Fahmi suggests details regarding the implementation of reinforcing structure portions being oriented in a specific pattern across the fiber-reinforced polymer composite, in this regard, Fahmi teaches the following:
([0065]) teaches that primary elements of knitted component 130 are a knit element 131 and an inlaid strand 132. Advantages of the inlaid strand 132 include providing support, stability, and structure. For example, inlaid strand 132 assists with securing upper 120 around the foot, limits deformation in areas of upper 120 (e.g., imparts stretch-resistance). ([0069]) adds that in comparison with knit element 131, inlaid strand 132 may exhibit greater stretch-resistance. That is, inlaid strand 132 may stretch less than knit element 13. As such, it is understood to impact the enhance resistance to tensile stress. ([0069]) goes on to state that when knitted component 130 is incorporated into footwear 100, inlaid strand 132 extends in a generally vertical direction and from throat area 124 to an area where sole structure 110 is secured to upper 120. As such, the inlaid strand 132 is understood to be a reinforcing structure that is oriented in a generally vertical direction in a specific pattern across the at least a portion of a fiber-reinforced polymer composite.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the production method for manufacturing a composite product made from a seamless knitted preform via a knitting machine, the preform is impregnated with resin and cured into a composite product of Fritze as modified by Huffa. By further modifying the composite knitted preform to include an oriented inlaid strand, as taught by Fahmi. Highlighting, implementation of an oriented inlaid strand provides for imparting stretch-resistance into the knitted structure, ([0065] & ([0069]).
D.) Claim(s) 83, is/are rejected under 35 U.S.C. 103 as being unpatentable over Fritze in view of Huffa and in further view of Farris et al. (US-20150082662 A1, hereinafter Farris)Regarding claim 83 as applied to claim 67,
Wherein the at least a portion of a fiber-reinforced polymer composite panel has finished edges and is seamlessly formed throughout.
Fritze teaches the following:
([0048]) teaches that flat knitting machine 400 produces a seamless preform 200 from yarn 204. The seamless construction of preform 200 provides an increased or maximized functional integration and structural strength as compared to traditional composite production techniques using layers of reinforcement material sheets. ([0045]) teaches the flat shape of air tangled strands 204a, 204b are "twisted" in the process of being knit into preform 200. The twisting may vary throughout preform 200 based on numerous factors, including, but not limited to, fiber type, fiber size, fiber construction, knit type, shape and size of preform 200, speed of knitting by flat knitting machine 400, location within preform 200 (e.g., the twist may be different near the edges of preform 200 as compared to a middle portion of preform 200.
Regarding Claim 83, Fritze as modified by Huffa is silent on the fiber reinforced polymer composite panel having finished edges. In analogous art for a knitted component comprising polymeric material strands, Farris suggests details regarding the implementation of fiber-reinforced polymer composite panel having finished edges, and in this regard, Farris teaches the following:
([0045]) teaches that the article 10 can be formed through a flat knitting process or other knitting process. As such, article 10 can be manufactured efficiently. Also, first edge 12, second edge 14, third edge 16, and fourth edge 18 of article 10 can be finished edges that are unlikely to inadvertently unravel or come undone.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the production method for manufacturing a composite product made from a seamless knitted preform via a knitting machine, the preform is impregnated with resin and cured into a composite product of Fritze as modified by Huffa. By further modifying the composite knitted preform to be provided with finished edges, as taught by Farris. Highlighting, implementation of a knitted preform with finished edges provides for edges that are unlikely to inadvertently unravel or come undone, ([0045]).
Allowable Subject Matter
As noted above, Claim(s) 100 is/are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Regarding claim(s) 100, a primary reason why the claim(s) are deemed novel and nonobvious over the prior art of record, namely Fritze / Fritze as modified, as instantly claimed. While the prior art of Fritze / Fritze as modified teaches the entirety of claim 67. However, Fritze / Fritze as modified does not show all of the features of claim 100, only some of the knitting structures such as horizontal and vertical stitch structures claimed. Highlighting, that this is due to claim 100 requiring numerous types and variations of stitches and not just a single type of stitch. Namely, the limitation requires all of the following stitch structure, i.e., a compounds curve-shaped stitch structure, net stitch structure, vertical warp stitch, diagonal stitch... etc.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Spordick Louis (US 2165077 A) – teaches in the (Abstract) that the object of the invention to provide an improved knitting machine which may be used in knitting fashioned knitted articles to the desired shape so that it is unnecessary to cut the article to the desired shape after it is knitted or to hand finish it.
Morrow et al. (US 20160040331 A1) – teaches in the (Abstract) a lacrosse head pocket and a related method of manufacture are provided to facilitate consistent, repeatable and/or custom manufacture of lacrosse equipment. The pocket can be constructed from multiple different sections joined with one another, or can be knitted, weaved or otherwise assembled on an automated assembly machine from strands, and/or can be formed as a unitary textile material having regions/sections with different physical and/or mechanical properties.
Morrow et al. (US 20160039133 A1) – teaches in the (Abstract) A lacrosse head pocket and a related method of manufacture are provided to facilitate consistent, repeatable and/or custom manufacture of lacrosse equipment. The pocket can be constructed from multiple different sections joined with one another, or can be knitted, weaved or otherwise assembled on an automated assembly machine from strands, and/or can be formed as a unitary textile material having regions/sections with different physical and/or mechanical properties.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrés E. Behrens Jr. whose telephone number is (571)-272-9096. The examiner can normally be reached on Monday - Friday 7:30 AM-5:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison Hindenlang can be reached on (571)-270-7001. The fax phone number for the organization where this application or proceeding is assigned is (571)-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Andrés E. Behrens Jr./Examiner, Art Unit 1741
/JaMel M Nelson/Primary Examiner, Art Unit 1743