DETAILED CORRESPONDENCE
This final office action is in response to the Amendments filed on 30 September 2025, regarding application number 17/348,988.
Information Disclosure Statement
Applicant is reminded of the Duty to disclose information material to patentability see 37 CFR 1.56 and MPEP 2001.03.
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 .
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 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.
Election/Restrictions
Applicant’s election without traverse of claims 1-6 in the reply filed on 13 November 2023 is acknowledged. Claims 1-61 are pending. Claims 7-50 are withdrawn from consideration. Claims 59-61 are new. Claims 1-6 and 51-61 have been considered as follows.
Response to Arguments
Applicant’s arguments, see Pages , filed 30 September 2025, with respect to the rejection of claims 1-6 and 51-61 under 35 U.S.C. § 103 have been fully considered but our not persuasive for at least the reasons discussed in the prior office action. However, upon further consideration and for the sake of compact prosecution, a new ground(s) of rejection is made in view of newly cited reference Marzocchi et al. (US 3265530 A). See full details below.
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.
Claims 1, 4-6, 51, 54-56 and 60-61 are rejected under 35 U.S.C. 103 as being unpatentable over Czinger et al. (US 20180339456 A1 and Czinger hereinafter), in view of Buckley (US 20070241478 A1 and Buckley hereinafter) and Marzocchi et al. (US 3265530 A and Marzocchi hereinafter).
Regarding Claim 1
Czinger teaches a vehicle robotic production environment (see all Figs.; [0004]-[0007]), in which the environment comprises robots that are organised as groups of cells, each cell with no more than 10 robots (see Fig. 1A, robotic assembly stations 1010A-N and automated constructors 120; [0005]-[0006], [0048]-[0050], [0060]-[0062] and [0126]), and in which:
(i) one group of cells is configured to transform a fabric structure into a composite vehicle body panel that is colored, thereby eliminating the need for steel panel pressing equipment and spray painting equipment (see [0123]-[0125] and [0143] ; see especially [0123 "For example, in a body production area 2700, the system may produce custom exterior body panels and other custom formed members. The body panels may comprise materials such as aluminum, carbon fiber, fiber-reinforced plastic, or plastic."]. Additionally, [0124] states that the use of plastic, carbon, and/or aluminum bodies "may" allow the bodies to be wrapped, and therefore the body panels do not necessarily have to be wrapped.), and an autonomous mobile robot is configured to then (ii) move the composite colored vehicle body panel formed by the cell away from the cell, to a trimming cell to trim and to shape the composite colored vehicle body panel into a final shape (see Fig. 23, all; [0223]);
(ii) other cells are configured to assemble at least portions of a vehicle together from modular components and the composite colored vehicle body panel (see Fig. 2, chassis build lines 2300, general assembly 2500 and body assemblies 2600-2650; [0006], [0043], [0049], [0121] and [0126]); and
(iii) in which the robotic production environment includes AMRs (autonomous mobile robots) configured to serve each cell, eliminating the need for a moving production line in the production environment (see "mobile supply vehicles" and "mobile support vehicles" in [0089], [0136] and [0144]-[0145]).
Czinger is silent regarding in which the group of cells includes a moulding cell with a tool configured to mould the fabric structure, made of fibre and a thermoplastic matrix, to form a composite colored vehicle body panel, and in which an autonomous mobile robot (i) is configured to supply the fabric structure to the moulding cell.
Czinger is additionally silent regarding the composite vehicle body panel is colored throughout its thickness so that an interior region of the panel matches the final exterior color of the vehicle body panel.
Buckley teaches a vehicle robotic production environment (see all Figs.; [0006]), in which the environment comprises robots that are organised as groups of cells, each cell with no more than 10 robots (see Fig. 2, robots 74; [0062]), and in which:
(i) one group of cells is configured to transform a fabric structure into a composite vehicle body panel that is colored, thereby eliminating the need for steel panel pressing equipment and spray painting equipment (see Fig. 2, cured preform 82 and "composite blank of reinforcement material and binder"; [0062]-[0063] and [0068]; the composite blank of reinforcement material and binder is inherently colored because the fibers can be made up of glass and the resin can be thermoplastic as discussed in [0068]), and in which the group of cells includes a moulding cell (see Fig. 2, mold 72 and press 76; [0062]-[0063]) with a tool configured to mould the fabric structure, made of fibre and a thermoplastic matrix, to form a composite colored vehicle body panel (see Fig. 2, press 76; [0001], [0062]-[0063] and [0068]), and in which an autonomous mobile robot (i) is configured to supply the fabric structure to the moulding cell (see Fig. 2, robot 74 and press 76; [0062]-[0063]).
Marzocchi teaches a vehicle production environment (see all Figs.; Col. 2, lines 6-18) in which:
(i) one group of cells is configured to transform a fabric structure into a composite vehicle body panel that is colored throughout its thickness so that an interior region of the panel matches the final exterior color of the vehicle body panel, thereby eliminating the need for steel panel pressing equipment and spray painting equipment (see Title "Automobile headliner and method for making the same"; Col. 2, lines 6-18 "In addition the method comprises the use of an interposed thermoplastic film in a preferred thickness of three or four mils and in a color substantially matching the color of the glass cloth to adhere the cloth to the body of fibrous glass during the molding operation."; Col. 3, lines 44-50 "The color of the plastic film should match that of the glass fabric."; Col. 5, lines 7-25 "Because of the heavier gauge of plastic film 8 and particularly when this film is doubled in thickness in curved areas the plastic material thereof exudes into the glass cloth. For this reason this plastic film should be substantially the same color as the glass cloth. The penetration of the plastic into the cloth, which is desirable from an attachment standpoint, does not then affect the color of the cloth."; Col. 5, lines 71-75; Claim 1), and in which the group of cells includes a moulding cell (see Figs. 2-3, all; Col. 2, lines 6-18 "These and other objects of the invention are attained by compressive molding the headliner from a body of fibrous glass carrying a dispersed impregnation of a heat settable binder and applying heat to set the binder while the body is held compressed in the final shape desired. The method further entails adhering a covering sheet of fibrous glass cloth to the body of fibrous glass during the molding operation. In addition the method comprises the use of an interposed thermoplastic film in a preferred thickness of three or four mils and in a color substantially matching the color of the glass cloth to adhere the cloth to the body of fibrous glass during the molding operation."; Col. 4, line 16 - Col. 5, line 50) with a tool configured to mould the fabric structure, made of fibre and a thermoplastic matrix, to form a composite colored vehicle body panel (see Fig. 1, glass cloth/glass fabric/woven fabric of glass yarn 9 and thermoplastic/polyethylene film/plastic film/enclosing film 8; Col. 2, lines 6-18; Col. 3, lines 34-59 "Referring to the drawings in more detail, in FIGURE 1 the surfacing assembly 6 is shown with two components, the inner adhesive film of thermoplastic 8, and the outer facing element 9 comprising a woven fabric of glass yarn. The two parts are preferably unattached but may be preliminarily joined together by staples or by being pressed together between rollers. For heavily contoured headliners, the plastic film should be at least three mils in thickness and should desirably have a particularly smooth surface on the side away from the glass fabric. While most thermoplastics may be utilized for this adhesive film, a four mil, high density, polyethylene has been found to serve most satisfactorily. Films of polyvinyl chloride, polyvinyl acetate and vinylidene chloride are examples of others which would be suitable. The color of the plastic film should match that of the glass fabric. The woven cloth 9 of glass fibers may be of various weights and weaves.").
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the vehicle production environment of Czinger to further include a moulding cell with a tool configured to mould the fabric structure, made of fibre and a thermoplastic matrix, to form a composite colored vehicle body panel and in which an autonomous mobile robot is configured to supply the fabric structure to the moulding cell, as taught by Buckley, in order to produce the composite colored vehicle body panel on-site in an automated manner.
It additionally would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the vehicle production environment of Czinger to transform the fabric structure into a composite vehicle body panel that is colored throughout its thickness so that an interior region of the panel matches the final exterior color of the vehicle body panel, as taught by Marzocchi, in order to provide a uniform color to the vehicle body panel by preventing the thermoplastic matrix from affecting the color of the fibers.
Regarding Claim 4
Modified Czinger teaches the vehicle robotic production environment of Claim 1 (as discussed above in claim 1)
Czinger further teaches in combination with a factory building, in which the composite coloured vehicle body panel does not need conventional spray painting (see [0123]-[0124]).
Regarding Claim 5
Modified Czinger teaches the vehicle robotic production environment of Claim 1 (as discussed above in claim 1)
Czinger further teaches in which the cells that assemble at least portions of a vehicle together from modular components and the composite colored vehicle body panel comprise each cell comprises a group of robots that are programmed to assemble, at a fixed location and not a moving production line, at least part of the vehicle by joining together multiple, modular components (see Fig. 2, chassis build lines 2300, general assembly 2500 and body assemblies 2600-2650; [0043], [0049], [0069], [0121] and [0126]), each component designed or selected for robotic production, handling or assembly; and the cells together assemble substantially the entire vehicle (see Fig. 2, all; [0043], [0121] and [0126]).
Regarding Claim 6
Modified Czinger teaches the vehicle robotic production environment of Claim 1 (as discussed above in claim 1)
Czinger further teaches in which the cells that assemble at least portions of a vehicle together from modular components and the composite colored vehicle body panel comprise each cell comprises a group of robots that are programmed to assemble, at a fixed location and not a moving production line (see Fig. 2, all; [0043], [0049], [0069], [0121] and [0126]), at least part of the vehicle by
(a) joining together multiple components to form a structural chassis, and a body structure (see Fig. 2, chassis build lines 2300 and body assemblies 2600-2650; [0121]-[0126]), and (b) adding the composite colored vehicle body panels and composite roof panels to the body structure, and all of the components and the panels are designed or selected for robotic production, handling or assembly (see Fig. 2, general assembly and body assemblies 2600-2650; [0123]-[0126]).
Regarding Claim 51
Modified Czinger teaches the vehicle robotic production environment of Claim 1 (as discussed above in claim 1)
Czinger is silent regarding in which the composite colored vehicle body panel is an interior or exterior vehicle side panel and/or roof panel.
Marzocchi teaches in which the composite colored vehicle body panel is an interior or exterior vehicle side panel and/or roof panel (see Title "Automobile headliner and method for making the same"; Col. 1, lines 56-62 "The principal object of this invention is to overcome these prior difficulties and to provide a highly satisfactory headliner, as well as a practical method of producing it.").
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to further modify the composite colored vehicle body panel of the vehicle production environment of modified Czinger to be an interior or exterior vehicle side panel or roof panel, as taught by Marzocchi, in order to provide the vehicle with a panel having high resilience, durability, sound and fire resistance.
Regarding Claim 54
Modified Czinger teaches the vehicle robotic production environment of claim 1 (as discussed above in claim 1)
Czinger is silent regarding in which the group of cells that transforms the fabric structure into the composite colored vehicle body panel is configured to use one or more coloured fabric layers, in which the colour in the fabric structure is conferred by one or more pigments.
Marzocchi teaches in which the group of cells that transforms the fabric structure into the composite colored vehicle body panel is configured to use one or more coloured fabric layers, in which the colour in the fabric structure is conferred by one or more pigments (see Col. 2, lines 6-18 "In addition the method comprises the use of an interposed thermoplastic film in a preferred thickness of three or four mils and in a color substantially matching the color of the glass cloth to adhere the cloth to the body of fibrous glass during the molding operation."; Col. 3, lines 44-50 "The color of the plastic film should match that of the glass fabric."; Col. 5, lines 7-25 "Because of the heavier gauge of plastic film 8 and particularly when this film is doubled in thickness in curved areas the plastic material thereof exudes into the glass cloth. For this reason this plastic film should be substantially the same color as the glass cloth. The penetration of the plastic into the cloth, which is desirable from an attachment standpoint, does not then affect the color of the cloth."; Col. 5, lines 71-75; Claim 1).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to further modify the composite colored vehicle body panel of the vehicle production environment of modified Czinger to include one or more coloured fabric layers, in which the colour in the fabric structure is conferred by one or more pigments, as taught by Marzocchi, in order to provide and aesthetically pleasing vehicle body panel without requiring spray painting equipment.
Regarding Claim 55
Modified Czinger teaches the vehicle robotic production environment of claim 1 (as discussed above in claim 1)
Czinger is silent regarding in which the group of cells that transforms the fabric structure into the composite colored vehicle body panel is configured to use a matrix yarn that includes one or more pigments before it is woven together into the fabric structure.
Marzocchi teaches in which the group of cells that transforms the fabric structure into the composite colored vehicle body panel is configured to use a matrix yarn that includes one or more pigments before it is woven together into the fabric structure (see Col. 2, lines 6-18 "In addition the method comprises the use of an interposed thermoplastic film in a preferred thickness of three or four mils and in a color substantially matching the color of the glass cloth to adhere the cloth to the body of fibrous glass during the molding operation."; Col. 3, lines 34-67 "Referring to the drawings in more detail, in FIGURE 1 the surfacing assembly 6 is shown with two components, the inner adhesive film of thermoplastic 8, and the outer facing element 9 comprising a woven fabric of glass yarn … The woven cloth 9 of glass fibers may be of various weights and weaves. For texture effects, fancy weaves of curtain or tapestry types are preferred. These include such weaves as basket, honeycomb, birds-eye and pique. More common plain, satin and twill weaves also provide an attractive appearance especially when in colors harmonizing with those of the automobile upholstery and interior finishes ... A cloth that has proved particularly successful is woven from a single strand yarn of a weight of One pound per 15,000 yards, utilizing continuous glass filaments about .00025 of an inch in diameter.").
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to further modify the composite colored vehicle body panel of the vehicle production environment of modified Czinger to include matrix yarn that includes one or more pigments before it is woven together into the fabric structure, as taught by Marzocchi, in order to provide and aesthetically pleasing vehicle body panel also having high resilience, durability, sound and fire resistance.
Regarding Claim 56
Modified Czinger teaches the vehicle robotic production environment of claim 1 (as discussed above in claim 1)
Czinger is silent regarding in which the group of cells that transforms the fabric structure into the composite colored vehicle body panel is configured to use a finish or top layer that includes a first pigment, and the fabric structure includes a second pigment, and where the first pigment and the second pigment are the same or are different.
Marzocchi teaches in which the group of cells that transforms the fabric structure into the composite colored vehicle body panel is configured to use a finish or top layer that includes a first pigment, and the fabric structure includes a second pigment, and where the first pigment and the second pigment are the same or are different (see Fig. 4, surface finishing thermoplastic film 27; Col. 2, lines 6-18 "In addition the method comprises the use of an interposed thermoplastic film in a preferred thickness of three or four mils and in a color substantially matching the color of the glass cloth to adhere the cloth to the body of fibrous glass during the molding operation."; Col. 3, lines 68-73 "An alternate surfacing assembly 26 is shown in FIGURE 4. This includes the colored, adhesive polyethylene film 8, the facing 9 of glass fabric, and in addition a surface finishing thermoplastic film 27 preferably of clear polyethylene stock in a thickness of one or one and a half mils."; Col. 5, lines 26-33 "The cleanability of the product is further improved considerably by the outer uncolored film 27 which enters the interstices of the cloth weave and fuses with portions of film 8 which have penetrated the cloth.").
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to further modify the composite colored vehicle body panel of the vehicle production environment of modified Czinger to include a finish or top layer that includes a first pigment, and the fabric structure includes a second pigment, and where the first pigment and the second pigment are the same or are different, as taught by Marzocchi, in order to provide and aesthetically pleasing vehicle body panel also having high resilience, durability, sound and fire resistance.
Regarding Claim 60
Modified Czinger teaches the vehicle robotic production environment of claim 1 (as discussed above in claim 1)
Czinger is silent regarding wherein the fabric structure includes a matrix yarn that includes one or more pigments before it is woven together into the fabric structure, and wherein the composite colored vehicle body panel includes an outermost, clear protective layer disposed over the fabric structure.
Marzocchi teaches wherein the fabric structure includes a matrix yarn that includes one or more pigments before it is woven together into the fabric structure, and wherein the composite colored vehicle body panel includes an outermost, clear protective layer disposed over the fabric structure (see Fig. 4, glass cloth/glass fabric/woven fabric of glass yarn 9 and surface finishing thermoplastic film 27; Col. 2, lines 6-18 "In addition the method comprises the use of an interposed thermoplastic film in a preferred thickness of three or four mils and in a color substantially matching the color of the glass cloth to adhere the cloth to the body of fibrous glass during the molding operation."; Col. 3, lines 34-67 "Referring to the drawings in more detail, in FIGURE 1 the surfacing assembly 6 is shown with two components, the inner adhesive film of thermoplastic 8, and the outer facing element 9 comprising a woven fabric of glass yarn"; Col. 3, lines 68-73 "An alternate surfacing assembly 26 is shown in FIGURE 4. This includes the colored, adhesive polyethylene film 8, the facing 9 of glass fabric, and in addition a surface finishing thermoplastic film 27 preferably of clear polyethylene stock in a thickness of one or one and a half mils.").
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to further modify the composite colored vehicle body panel of the vehicle production environment of modified Czinger to include a matrix yarn that includes one or more pigments before it is woven together into the fabric structure wherein the composite colored vehicle body panel includes an outermost, clear protective layer disposed over the fabric structure, as taught by Marzocchi, in order to provide and aesthetically pleasing vehicle body panel also having high resilience, durability, sound and fire resistance.
Regarding Claim 61
Modified Czinger teaches the vehicle robotic production environment of claim 1 (as discussed above in claim 1)
Czinger is silent regarding in which the group of cells includes a moulding cell with a tool configured to heat and press the fabric structure, made of fibre and a thermoplastic matrix, in a closed mould such that pigments within the thermoplastic matrix provide the final color of the panel prior to application of a protective layer.
Marzocchi teaches in which the group of cells includes a moulding cell with a tool configured to heat and press the fabric structure, made of fibre and a thermoplastic matrix, in a closed mould such that pigments within the thermoplastic matrix provide the final color of the panel prior to application of a protective layer (see Figs. 1-4, all; Col. 2, lines 6-18 "These and other objects of the invention are attained by compressive molding the headliner from a body of fibrous glass carrying a dispersed impregnation of a heat settable binder and applying heat to set the binder while the body is held compressed in the final shape desired. The method further entails adhering a covering sheet of fibrous glass cloth to the body of fibrous glass during the molding operation. In addition the method comprises the use of an interposed thermoplastic film in a preferred thickness of three or four mils and in a color substantially matching the color of the glass cloth to adhere the cloth to the body of fibrous glass during the molding operation."; Col. 3, lines 68-73 "An alternate surfacing assembly 26 is shown in FIGURE 4. This includes the colored, adhesive polyethylene film 8, the facing 9 of glass fabric, and in addition a surface finishing thermoplastic film 27 preferably of clear polyethylene stock in a thickness of one or one and a half mils.").
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to further the vehicle production environment of modified Czinger to include a moulding cell with a tool configured to heat and press the fabric structure, made of fibre and a thermoplastic matrix, in a closed mould such that pigments within the thermoplastic matrix provide the final color of the panel prior to application of a protective layer, as taught by Marzocchi, in order to provide and aesthetically pleasing vehicle body panel also having high resilience, durability, sound and fire resistance.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Czinger (as modified by Buckley and Marzocchi) as applied to claim 1 above, and further in view of Rawas et al. (US 20190283824 A1 and Rawas hereinafter).
Regarding Claim 2
Modified Czinger teaches the vehicle robotic production environment of Claim 1 (as discussed above in claim 1)
Czinger further teaches in combination with a factory building, in which the production environment is installed in the factory building, or a network of factory buildings, that take up less than an average area (see [0046]-[0047] and [0058]).
The Courts have held that "Apparatus claims cover what a device is, not what a device does." and a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. See Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 and Ex Parte Masham, 2 USPQ2d 1647 (BPAI 1987). See also MPEP 2114(II). The claim limitation “is installed in the factory building, or a network of factory buildings, that are each less than 25,000 square meters in area” is a statement of intended use that does not further limit the claimed invention. The cited prior art Czinger teaches all of the positively recited structure of the claimed apparatus in claim 1, as discussed above. The structure taught by Czinger is capable of being employed in a factory, or a network of factories, that are each less than 25,000 square meters in area. Therefore, Czinger teaches the claim.
For the sake of compact prosecution and for the possible argument that “Czinger is silent regarding the factory building, or a network of factory buildings, that are each less than 25,000 square meters in area.”, Rawas teaches a factory, or a network of factories, that are each less than 25,000 square meters in area.
That is, Rawas teaches a vehicle robotic production environment (see all Figs.; [0007]-[0008]), in which the environment comprises robots that are organised as groups of cells, each cell with no more than 10 robots (see Fig. 1A, manufacturing cell 100 and robots 132 and 135; [0008], [0026], [0047] and [0060]), and in which:
(ii) other cells are configured to assemble at least portions of a vehicle together from modular components (see [0008], [0023], [0027] and [0044]-[0046]); and
in combination with a factory building, in which the production environment is installed in the factory building, or a network of factory buildings, that are each less than 25,000 square meters in area (see [0050]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to further modify the vehicle robotic production environment of modified Czinger to be installed in a factory or a network of factories that are each less than 25,000 square meters in area, as taught by Rawas, in order to save space compared to conventional assembly lines for vehicles.
Installing the production environment in a factory or a network of factories that are each less than 25,000 square meters in area would have been obvious because it would have been well within the level of skill of the person having ordinary skill in the art and a factory that is less than 25,000 square meters is among the finite number of factory layouts which can be chosen for the production environment. Choosing from a finite number of identified, predictable solutions, with a reasonable expectation for success, is likely to be obvious to a person if ordinary skill in the art. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, E.).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Czinger (as modified by Buckley and Marzocchi) as applied to claim 1 above, and further in view of Kilibarda (US 20160167724 A1 and Kilibarda hereinafter).
Regarding Claim 3
Modified Czinger teaches the vehicle robotic production environment of Claim 1 (as discussed above in claim 1)
Czinger further teaches in combination with a factory building, in which the production environment is installed in the factory building, and in which the factory building is without a vehicle body panel stamping press (see [0123]).
The Courts have held that "Apparatus claims cover what a device is, not what a device does." and a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. See Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 and Ex Parte Masham, 2 USPQ2d 1647 (BPAI 1987). See also MPEP 2114(II). The claim limitation “the production environment is installed in the factory building, and in which the factory building has a conventional flat concrete floor that has not been strengthened for a vehicle body panel stamping press.” is a statement of intended use that does not further limit the claimed invention. The cited prior art Czinger teaches all of the positively recited structure of the claimed apparatus in claim 1, as discussed above. The structure taught by Czinger is capable of being employed in a building with a conventional flat concrete floor that has not been strengthened for a vehicle body panel stamping press. Therefore, Czinger teaches the claim.
For the sake of compact prosecution and for the possible argument that “Czinger is silent regarding the factory building has a conventional flat concrete floor that has not been strengthened for a vehicle body panel stamping press.”, Kilibarda teaches a vehicle production environment installed in a building with a conventional flat concrete floor that has not been strengthened.
That is, Kilibarda teaches a vehicle robotic production environment (see all Figs.; [0002] and [0011]-[0012]), in which the environment comprises robots that are organised as groups of cells, each cell with no more than 10 robots (see [0011]-[0012] and [0042]-[0048]), and in which:
(ii) other cells are configured to assemble at least portions of a vehicle together from modular components (see [0012] and [0046]); and
in combination with a factory building, in which the production environment is installed in the factory building, and in which the factory building has a conventional flat concrete floor that has not been strengthened for a vehicle body panel stamping press (see Figs. 3A-3B, plant floor 14; [0046]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to further modify the vehicle robotic production environment of modified Czinger to be installed in a building with a conventional flat concrete floor that has not been strengthened for a vehicle body panel stamping press, as taught by Kilibarda, in order to save costs on installing the floor.
Installing the production environment in a building with a conventional flat concrete floor that has not been strengthened for a vehicle body panel stamping press would have been obvious because it would have been well within the level of skill of the person having ordinary skill in the art and a factory with a conventional flat concrete floor is among the finite number of factory layouts which can be chosen for the production environment. Choosing from a finite number of identified, predictable solutions, with a reasonable expectation for success, is likely to be obvious to a person if ordinary skill in the art. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, E.).
Claims 52 and 57-58 are rejected under 35 U.S.C. 103 as being unpatentable over Czinger (as modified by Buckley and Marzocchi) as applied to claim 1 above, and further in view of Anderson et al. (US 20110281076 A1 and Anderson hereinafter).
Regarding Claim 52
Modified Czinger teaches the vehicle robotic production environment of claim 1 (as discussed above in claim 1)
Czinger is silent regarding in which the group of cells that transforms the fabric structure into the composite colored vehicle body panel is configured to add a colour layer, free of any fibres, to sit over the fabric structure, where the color layer is formed from a polymer yarn and includes a coloured layer sandwiched between the fabric structure and an outermost, clear protective layer.
Anderson teaches a vehicle robotic production environment (see all Figs.; [0003] and [0009]-[0010]), comprising
(i) one group of cells is configured to transform a fabric structure into a composite vehicle body panel that is colored throughout its thickness so that an interior region of the panel matches the final exterior color of the vehicle body panel, thereby eliminating the need for steel panel pressing equipment and spray painting equipment (see Figs. 7-8, all; [0009]-[0010] and [0038]-[0040], see especially [0038 "The opaque non-transparent protective material 111 provides a background color or base color. To this may be applied various tinted or clear layers, such as the tinted sheets of film 114 illustrated in FIG. 7."] and [0039 "The tinting may be combined with the protective material 111, as illustrated in FIG. 8, to create colors or tints, which may be opaque or transparent to show the material fibers of the fiber sheet 110."]), and in which the group of cells includes a moulding cell (see [Figs. 3-4, all; [0010] and [0027]-[0032]) with a tool configured to mould the fabric structure, made of fibre and a thermoplastic matrix, to form a composite colored vehicle body panel (see [0010], [0025] and [0027]);
in which the group of cells that transforms the fabric structure into the composite colored vehicle body panel is configured to add a colour layer, free of any fibres, to sit over the fabric structure, where the color layer is formed from a polymer yarn and includes a coloured layer sandwiched between the fabric structure and an outermost, clear protective layer (see Fig. 7, protective material 111; [0021], [0025] and [0038]-[0039]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to further modify the composite colored vehicle body panel of the vehicle production environment of modified Czinger to add a colour layer, free of any fibres, to sit over the fabric structure, where the color layer is formed from a polymer yarn and includes a coloured layer sandwiched between the fabric structure and an outermost, clear protective layer, as taught by Anderson, in order to provide and environmentally-friendly, aesthetically pleasing and long lasting vehicle body panel.
Regarding Claim 57
Modified Czinger teaches the vehicle robotic production environment of claim 1 (as discussed above in claim 1)
Czinger is silent regarding in which the group of cells that transforms the fabric structure into the composite colored vehicle body panel is configured to use a stack of layers that includes a colour layer and a veil layer sitting over the layers of fabric.
Anderson teaches in which the group of cells that transforms the fabric structure into the composite colored vehicle body panel is configured to use a stack of layers that includes a colour layer and a veil layer sitting over the layers of fabric (see Fig. 7, tinted layer 114 and protective material 111; [0009]-[0010] and [0038]-[0040]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to further modify the composite colored vehicle body panel of the vehicle production environment of modified Czinger to include a stack of layers that includes a colour layer and a veil layer sitting over the layers of fabric, as taught by Anderson, in order to provide and environmentally-friendly, aesthetically pleasing and long lasting vehicle body panel.
Regarding Claim 58
Modified Czinger teaches the vehicle robotic production environment of claim 57 (as discussed above in claim 57)
Czinger is silent regarding in which the veil layer confers surface texture, minimising pattern show through, and contributing to the binding of the colour layer to the layers of fabric.
Anderson teaches in which the veil layer confers surface texture, minimising pattern show through, and contributing to the binding of the colour layer to the layers of fabric (see Fig. 7, tinted layer 114; [0009]-[0010], [0021] and [0038]-[0040]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to further modify the composite colored vehicle body panel of the vehicle production environment of modified Czinger to include a veil layer which confers surface texture, minimizing pattern show through, and contributing to the binding of the colour layer to the layers of fabric, as taught by Anderson, in order to provide and environmentally-friendly, aesthetically pleasing and long lasting vehicle body panel.
Claims 53 and 59 are rejected under 35 U.S.C. 103 as being unpatentable over Czinger (as modified by Buckley and Marzocchi) as applied to claim 1 above, and further in view of Cochran (US 6156403 A and Cochran hereinafter).
Regarding Claim 53
Modified Czinger teaches the vehicle robotic production environment of Claim 1 (as discussed above in claim 1)
Czinger is silent regarding in which the group of cells that transforms the fabric structure into the composite colored vehicle body panel is configured to use one or more fabric layers in the structure that have a colour that matches, i.e. is the same as or sufficiently similar to, the colour of the finish layer or the top layer, so that scratches that penetrate the finish layer or the top layer are concealed or not prominent.
Marzocchi teaches in which the group of cells that transforms the fabric structure into the composite colored vehicle body panel is configured to use one or more fabric layers in the structure that have a colour that matches, i.e. is the same as or sufficiently similar to, the colour of the finish layer or the top layer (see Col. 2, lines 6-18 "In addition the method comprises the use of an interposed thermoplastic film in a preferred thickness of three or four mils and in a color substantially matching the color of the glass cloth to adhere the cloth to the body of fibrous glass during the molding operation."; Col. 3, lines 44-50 "The color of the plastic film should match that of the glass fabric."; Col. 5, lines 7-25 "Because of the heavier gauge of plastic film 8 and particularly when this film is doubled in thickness in curved areas the plastic material thereof exudes into the glass cloth. For this reason this plastic film should be substantially the same color as the glass cloth. The penetration of the plastic into the cloth, which is desirable from an attachment standpoint, does not then affect the color of the cloth."; Col. 5, lines 71-75; Claim 1).
Cochran teaches a production environment (see Col. 1, lines 52-64), including
(i) one group of cells is configured to transform a fabric structure into a composite panel that is colored throughout its thickness so that an interior region of the panel matches the final exterior color of the panel, thereby eliminating the need for steel panel pressing equipment and spray painting equipment (see Figs. 1A-1E, all; Col. 3, lines 11-23; "As indicated, the film may be clear (transparent) or it may be colored or carry a design, printing, texture, embossing, topography or the like on its surface. In one embodiment of the invention, a fabric layer within the matrix may be provided with a color, print or design so that if the polyurethane matrix and polymer film are transparent, the color, print or design will how through while being protected by the polymer film from wear, abrasion, sunlight or the like. In another embodiment, the film itself may carry color, printing or a design either on an exposed surface or on an interior surface adjacent to the matrix in which case the film itself serves to protect the color, print or design."; Col. 6, lines 1-11 "It is possible to provide printing on either side of the thermoplastic polyurethane film if desired. It is also possible to tint or intensively color the film throughout. The matrix may also be tinted or intensively colored before it cures and, albeit not preferable, after it cures. It is also possible to color or print some or all the reinforcing fabrics before the matrix is put in place. An advantage of doing this is that the color of the reinforcing fabric will not migrate subsequent to curing of the matrix, the color being shielded from UV rays, abrasion, and similar hazards by the urethane matrix which by itself can be clear, allowing the use of printing materials and techniques that might be otherwise unqualified because of marking off or the like."; Col. 6, lines 47-49 "Any one or more of the film, fabric and polyurethane matrix can be colored to give the effect ultimately desired in the final product.") in which the group of cells includes a moulding cell (see Figs. 3-6, all; Col. 1, line 65 - Col. 2, line 24) with a tool configured to mould the fabric structure, made of fibre and a thermoplastic matrix, to form a composite colored panel (see Figs 1A-1E, all; Col. 1, lines 52-58 "Broadly described, a product according to the invention comprises: (1) a composite as in, for example, Ser. No. 08/236,258, comprising a solid polyurethane matrix surrounding a fibrous reinforcing material where the matrix is formed in situ by reaction of liquid matrix-forming materials about the fibrous material...."; Col. 6, lines 23-39);
in which the group of cells that transforms the fabric structure into the composite colored panel is configured to use one or more fabric layers in the structure that have a colour that matches, i.e. is the same as or sufficiently similar to, the colour of the finish layer or the top layer, so that scratches that penetrate the finish layer or the top layer are concealed or not prominent (see Figs. 1A-1E, all; Col. 3, lines 11-23; "As indicated, the film may be clear (transparent) or it may be colored or carry a design, printing, texture, embossing, topography or the like on its surface. In one embodiment of the invention, a fabric layer within the matrix may be provided with a color, print or design so that if the polyurethane matrix and polymer film are transparent, the color, print or design will how through while being protected by the polymer film from wear, abrasion, sunlight or the like. In another embodiment, the film itself may carry color, printing or a design either on an exposed surface or on an interior surface adjacent to the matrix in which case the film itself serves to protect the color, print or design."; Col. 6, lines 1-11 "It is possible to provide printing on either side of the thermoplastic polyurethane film if desired. It is also possible to tint or intensively color the film throughout. The matrix may also be tinted or intensively colored before it cures and, albeit not preferable, after it cures. It is also possible to color or print some or all the reinforcing fabrics before the matrix is put in place. An advantage of doing this is that the color of the reinforcing fabric will not migrate subsequent to curing of the matrix, the color being shielded from UV rays, abrasion, and similar hazards by the urethane matrix which by itself can be clear, allowing the use of printing materials and techniques that might be otherwise unqualified because of marking off or the like.").
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to further modify the composite colored vehicle body panel of the vehicle production environment of modified Czinger to include one or more fabric layers in the structure that have a colour that matches the colour of the finish layer or the top layer so that scratches that penetrate the finish layer or the top layer are concealed or not prominent, as taught by Cochran, in order prevent color from the fibers from migrating into the thermoplastic while shading the color from scratches.
Regarding Claim 59
Modified Czinger teaches the vehicle robotic production environment of Claim 1 (as discussed above in claim 1),
Czinger is silent regarding wherein scratches that penetrate a finish layer or a top layer of the composite colored vehicle body panel are concealed or not prominent because the interior of the panel exhibits substantially the same color as the exterior.
Cochran teaches wherein scratches that penetrate a finish layer or a top layer of the composite colored vehicle body panel are concealed or not prominent because the interior of the panel exhibits substantially the same color as the exterior (see Figs. 1A-1E, all; Col. 3, lines 11-23; "As indicated, the film may be clear (transparent) or it may be colored or carry a design, printing, texture, embossing, topography or the like on its surface. In one embodiment of the invention, a fabric layer within the matrix may be provided with a color, print or design so that if the polyurethane matrix and polymer film are transparent, the color, print or design will how through while being protected by the polymer film from wear, abrasion, sunlight or the like. In another embodiment, the film itself may carry color, printing or a design either on an exposed surface or on an interior surface adjacent to the matrix in which case the film itself serves to protect the color, print or design."; Col. 6, lines 1-11 "It is possible to provide printing on either side of the thermoplastic polyurethane film if desired. It is also possible to tint or intensively color the film throughout. The matrix may also be tinted or intensively colored before it cures and, albeit not preferable, after it cures. It is also possible to color or print some or all the reinforcing fabrics before the matrix is put in place. An advantage of doing this is that the color of the reinforcing fabric will not migrate subsequent to curing of the matrix, the color being shielded from UV rays, abrasion, and similar hazards by the urethane matrix which by itself can be clear, allowing the use of printing materials and techniques that might be otherwise unqualified because of marking off or the like.").
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to further modify the composite colored vehicle body panel of the vehicle production environment of modified Czinger to exhibit the interior of the panel to be the same color as the exterior to conceal scratches to the top layer of the panel, as taught by Cochran, in order prevent color from the fibers from migrating into the thermoplastic while shading the color from scratches.
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