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 .
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.
Claim(s) 1, 4-7, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yashiki, U.S. Patent Application Publication No. 2012/0264536 in view of Colgrove et al, U.S. Patent Application Publication No. 2007/0194619.
Yashiki teaches an annular component part formed from a plurality of fiber reinforced thermoplastic structures. Each of the plurality of fiber reinforced thermoplastic structures are wound and seamed, wherein the seam of each fiber reinforced thermoplastic structure is offset relative to the seam of the other fiber reinforced thermoplastic structure about the circumference of the annular component part. See paragraph 0092-0095. Each of the seams are offset at 45 degrees from others. See figure 4; paragraphs 0111-0123. The fibers in the structure can be unidirectionally disposed in a resin matrix. See paragraphs 0046-0047. Each sheet of fibers can be made up of multiple plies. See paragraph 0059. The sheets which are wrapped around correspond to the claimed component parts and there can be four or more component parts or sheets as shown by figure 4, paragraphs 0111-0123.
With regard to the claims as amended 4/21/26, each of the sheets would necessarily have a longitudinal axis and first and second ends opposite to each other since the sheets are finite and have beginning and ends and have a length longer than their width as shown in figure 22, which is equated with being or having a strip shape.
Yashiki teaches that each ply should not form a gap when wrapped circumferentially and that preferably also there is no overlap, which means that Yashiki teaches an abutting seam at each of the starting locations. See paragraph 0101. Further, since Yashiki teaches that the seams are offset by 45 degrees, and there are multiple layers, the structure meets the limitations that the seams are opposite to each other along a longitudinal axis of said component part, in that the seam would extend at least along a portion of the longitudinal axis and the claims do not require that the seams are opposite along the entire length. See figure 5. Yashiki teaches that the wound sheets can include a combination of sheets, where the sheets are at different angles relative to each other. See paragraph 0111.
With regard to the particular shape of the structure, Yashiki differs from the claimed invention because it does not disclose that the structure is a bicycle wheel rim or has a dished profile .
However, Colgrove discloses annular composite structures useful as bicycle rims.
Therefore, it would have been obvious to one of ordinary skill in the art to have employed the structure of Yashiki to form other types of wound items such as bicycle wheels and items having a dished profile or any particular shape.
Applicant's arguments filed 4/21/26 have been fully considered but they are not persuasive.
Applicant argues that Yashiki teaches how to improve uniformity even if overlapped, however, even if that is so, Yashiki also clearly teaches that forming abutting seams provides improved circumferential uniformity. See paragraph 0007. With regard to the start and end point of the wrapping layers, since Yashiki teaches that there should not be overlap or a gap, Yashiki teaches that the start and end points should form an abutting seam. See paragraph 0101.
Applicant argues that in Yashiki the plies are laminated before they are wound and therefore the two ends of a single sheet are separated by another sheet. However, multiple sheets are wound and Yashiki teaches that the start and end point of the plies should form an abutting seam where the start position, and therefore implicitly the end position, for each different sheet should be staggered relative to the start and end position of the other sheets. With regard to figure 5, only the start positions are shown. Additionally, even if the sheets are laminated, they would still have a first end and second end and Yashiki would still teach that the ends would form an abutting seam.
Applicant argues that the Yashiki and also Kusomoto, which is cited in Yashiki, wind the sheets widthwise but not along their longitudinal axis. However, the claims do not recite anything about winding the sheets about their longitudinal axis, but instead recite that the sheets have a longitudinal axis, and first and second end. Sheets having that structure can be wound around a mandrel so they extend around the circumference of the mandrel and form an abutting seam or so that they extend along the length of the mandrel and form an abutting seam.
With regard to Colgrove, Applicant argues that Colgrove does not teach the claimed process but forms different portions and unites them. However, as set forth above, Yashiki already teaches the claimed structure formed by winding to form abutting ends. Colgrove is relied on for showing a particular shape into which the structure of Yashiki could be formed. Additionally, the instant claims are not process claims, but are product claims, therefore, the burden is shifted to Applicant to show that any process differences result in an unobvious difference between the claimed invention and the prior art product.
Applicant argues that it would not have been obvious to have applied the process of forming a golf club to forming a bicycle rim. However, as set forth above, both are annular composite structures. Yashiki teaches the claimed invention except for the particular shape as claimed. Therefore, one of ordinary skill in the art would have had a reasonable expectation that this structure could have been shaped to have a dished cross-section structure as taught by Colgrove
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH M IMANI whose telephone number is (571)272-1475. The examiner can normally be reached Monday-Wednesday 7AM-7:30; Thursday 10AM -2 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, Marla McConnell can be reached at 571-270-7692. 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.
/ELIZABETH M IMANI/Primary Examiner, Art Unit 1789
Prosecution Insights