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 Amendment
In the amendment filed July 3, 2025, claims 1, 9, and 12 were amended. Claims 1-16 are pending.
Applicant’s arguments regarding the drawing objections (Remarks at pp. 11-13) have been fully considered and are persuasive. The drawing objections are withdrawn.
The amendments to the claims overcome the rejections under 35 U.S.C. 112(b).
Applicant's arguments with respect to the art rejections over Fingerhut in view of Pfaff and Griffith have been fully considered but they are not persuasive for these reasons:
Regarding Applicant’s assertion that “Fingerhut discloses a stepped cylinder surface in which the long fibers repeatedly change direction after each step. The steps are intended to prevent the winding from ‘slipping’ in the axial direction to fix the long fibers…A better application of force through the long fibres into the connecting portion is not achieved, so that a large part of the force is applied at the first step. In order to incorporate this feature to the teaching of Fingerhut the entire manufacturing process would have to be significantly changed" (Remarks at pp. 15-16), the examiner disagrees. The proposed modification is to change the length of the long fibers such that they deflect once and reach maximally to the protruding tip. Notably, the claims only require a single fiber deflecting element. Applicant has not provided any reason why changing the length of the long fibers to the structure disclosed by Pfaff would require significantly changing the manufacturing process. The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art (MPEP 2145(III), citing In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981)). Further, “a person of ordinary skill in the art is also a person of ordinary creativity, not an automaton” and “in many cases a person of ordinary skill will be able to fit the teachings of multiple patent together like pieces of a puzzle” (MPEP 2141(II)(C)).
Regarding Applicant’s assertion that “For a person skilled in the art it would not have been obvious to fill the steps in Fingerhut with circumferential layers to allow for the straight passing of the long fibers because it would contradict the goal of the step like structure to prevent axial slipping of the circumferential layers (The edge of the first step would have to prevent all subsequent circumferential layers from slipping off because they would have to be filled to the diameter of the tube)” (Remarks at p. 16), the examiner disagrees. It is not clear what is meant by “fill the steps in Fingerhut” or “the straight passing of the long fibers.” The proposed modification is to change the length of the long fibers such that they deflect once and reach maximally to the protruding tip. The long fibers are still deflected to prevent axial slipping.
Regarding Applicant’s assertion that “contrary to the Examiner’s position, one skilled in the art would not have modified the pressure vessel and method of Fingerhut with the secondary reference to Pfaff because doing so would remove the function of the stepped configuration of the axial filaments in Fingerhut to eliminate axial slipping of the circumferential winding” (Remarks at p. 16), the examiner disagrees. The proposed modification would still have the fiber deflecting elements, but the long fibers only deflect once instead of multiple times. The fiber deflecting elements still prevent axial slipping. Fingerhut discloses a method of forming a pressure-resistant tank having a connecting device. Pfaff teaches a composite material connecting device for pressurized applications (see e.g., para. [0255]). It would have been obvious to one skilled in the art to have modified the connecting arrangement of Fingerhut with the teachings of Pfaff for the purpose of allowing forces on the connecting portion to be absorbed well, as explained in the rejection.
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.
Claims 1-4 and 7-14 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. 3,073,475 to Fingerhut (hereinafter, “Fingerhut”) in view of WO 2016/008858 to Pfaff et al. (hereinafter, “Pfaff”).
Regarding claim 1, Fingerhut discloses a method of forming a pressure-resistant pressure tank (col. 1, ll. 11-12), the method comprising: providing a connecting device (end cap 10, Figs. 1-2); providing a fiber composite material connecting portion (annotated Fig. 2 below) having an interior (see Fig. 2) and at least one fiber deflecting element in the interior (surface portions 16, Fig. 2), wherein the at least one fiber deflecting element (surface portions 16) comprises fiber composite material (col. 2, ll. 11-15); providing a tubular fiber composite material structure (structure formed by liner 17 and layers 20 and 21, Figs. 1-2; col. 2, ll. 40-49) comprising a plurality of long fibers (filaments in layer 20, col. 2, ll. 40-49), wherein the long fibers (filaments in layer 20) comprise solely longitudinal threads, solely circumferential layers, or longitudinal threads and circumferential layers (col. 2, ll. 40-49), and wherein when the long fibers comprise longitudinal threads and circumferential layers, the tubular fiber composite material structure has a greater number of circumferential layers than longitudinal threads (this is a conditional limitation; the filaments in layer 20 are longitudinal threads); arranging the long fibers (filaments in layer 20) to extend in a course (filaments extend longitudinally) from a fiber composite component (annotated Fig. 2) of the tubular fiber composite material structure (structure formed by liner 17 and layers 20, 21) to the at least one fiber deflecting element (surface portions 16) so that a fiber direction of the course (filaments extend longitudinally) is deflected at a fiber deflecting portion of the at least one fiber deflecting element (col. 3, ll. 31-56), wherein each fiber deflecting element (surface portions 16) of the at least one fiber deflecting element (surface portions 16) has a protruding tip (annotated Fig. 2) in an axial direction of the connecting device (annotated Fig. 2) and so that the long fibers (filaments in layer 20) do not completely loop around the at least one fiber deflecting element (see Fig. 2; col. 3, ll. 31-56); and connecting the tubular fiber composite material structure (structure formed by liner 17 and layers 20, 21) to the connecting device (end cap 10) to form the pressure-resistant pressure tank (Fig. 1) using the fiber composite material connecting portion (annotated Fig. 2) and without using an adhesive, bolts, or screws between the tubular fiber composite material structure and the connecting device (see Figs. 1-2).
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Fingerhut Annotated Figure 2
Fingerhut further discloses the longitudinal threads are applied as a mat, and one or more convolutions of the mat may be applied, depending on the desired thickness (col. 3, ll. 6-20). Fingerhut discloses a plurality of circumferential layers (filaments in layer 21, col. 2, ll. 40-49). Fingerhut also discloses that the number of circumferential layers may be two (col. 3, ll. 39-56). However, Fingerhut does not expressly disclose the long fibers do not significantly change direction again before and after being deflected, wherein the long fibers reach maximally to the protruding tip.
Pfaff teaches using a fiber composite material connecting portion (connecting portion 210, Fig. 14; para. [0250] of translation attached to October 27, 2022 IDS) to connect a tubular fiber composite material structure (see Fig. 14; para. [0250]) to a connecting device (connector 260, Fig. 14). Pfaff teaches the connecting portion (connecting portion 210) has at least one fiber deflecting element (fiber deflection elements 211, 212, 213, Fig. 14; para. [0251]) in its interior (see Fig. 14). Pfaff teaches the course of the long fibers (long fibers 201a, 202a, 203a, Fig. 14; para. [0251]) from the fiber composite component (see Fig. 14) follows the shape of a fiber deflecting portion (see Fig. 14; paras. [0251]-[0252]) of a fiber deflecting element (fiber deflection elements 211, 212, 213) so that the fiber direction thereof is deflected at the fiber deflecting portion (see Fig. 14; para. [0252]). Pfaff teaches the long fibers (long fibers 201a, 202a, 203a) reach maximally to a protruding tip (tip 231, 232, 203a, para. [0253]) of each fiber deflecting element (fiber deflection elements 211, 212, 213) in a direction of the connecting device (horizontal/axial direction in Fig. 14) such that the long fibers do not completely loop around the fiber deflecting elements with which they are associated respectively (Fig. 14; paras. [0253]). Pfaff teaches that the long fibers do not significantly change direction again before and after being deflected (see Fig. 14). Pfaff teaches the fiber deflecting elements (fiber deflection elements 211, 212, 213) comprise fiber composite material (para. [0254]). Pfaff teaches no firm connection is present between the tubular fiber composite material structure and the connecting device (see e.g., paras. [0260], [0265]; Fig. 14). Pfaff further teaches that this connection arrangement allows for forces on the connecting portion to be absorbed well by converting tensile or compressive forces into circumferential forces in the fiber deflection elements to be absorbed (paras. [0254], [0262]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the method of Fingerhut to have the long fibers reach maximally to a protruding tip of each fiber deflecting element such that the long fibers do not significantly change direction again before and after being deflected as taught by Pfaff for the purpose of allowing forces on the connecting portion to be absorbed well, as recognized by Pfaff (see e.g., paras. [0254], [0262]).
Regarding claim 2, Fingerhut as modified by Pfaff already includes the fiber composite material of the at least one fiber deflecting element is arranged mainly in circumferential layers (Pfaff, paras. [0254]-[0256]).
Regarding claim 3, Fingerhut further discloses the connecting device (end cap 10) comprises a dome cap (see Figs. 1-2; col. 2, ll. 7-11).
Regarding claim 4, Fingerhut further discloses the tubular fiber composite material structure (structure formed by liner 17 and layers 20, 21) comprises a liner (liner 17, Fig. 2).
Regarding claim 7, Fingerhut further discloses the liner (liner 17) is applied to the tubular fiber composite material structure (structure formed by liner 17 and layers 20, 21) inside or outside (see Fig. 2).
Regarding claim 8, Fingerhut further discloses the liner (liner 17) serves as a core for the winding of the tubular fiber composite material structure (col. 3, ll. 1-6).
Regarding claim 9, Fingerhut discloses a pressure tank (Fig. 1) comprising: a tubular fiber composite material structure (structure formed by liner 17 and layers 20 and 21, Figs. 1-2; col. 2, ll. 40-49) comprising a plurality of long fibers (filaments in layer 20, col. 2, ll. 40-49) and wherein the long fibers (filaments in layer 20) comprise solely longitudinal threads, solely circumferential layers, or longitudinal threads and circumferential layers (col. 2, ll. 40-49), wherein when the long fiber comprise longitudinal threads and circumferential layers, the tubular fiber composite material structure has a greater number of circumferential layers than longitudinal threads (this is a conditional limitation; the filaments in layer 20 are longitudinal threads); a connecting device (end cap 10, Figs. 1-2); and a fiber composite material connecting portion (annotated Fig. 2 above) used to connect the tubular fiber composite material structure (structure formed by liner 17 and layers 20, 21) to the connecting device (end cap 10); and having an interior (see Fig. 2) and at least one fiber deflecting element in the interior (surface portions 16, Fig. 2), wherein the at least one fiber deflecting element (surface portions 16) comprises fiber composite material (col. 2, ll. 11-15), wherein the long fibers (filaments in layer 20) extend in a course (filaments extend longitudinally) from a fiber composite component (annotated Fig. 2) of the tubular fiber composite material structure (structure formed by liner 17 and layers 20, 21) to the at least one fiber deflecting element (surface portions 16) so that a fiber direction of the course (filaments extend longitudinally) is deflected at a fiber deflecting portion of the at least one fiber deflecting element (col. 3, ll. 31-56), wherein each fiber deflecting element (surface portions 16) of the at least one fiber deflecting element (surface portions 16) has a protruding tip (annotated Fig. 2) in an axial direction of the connecting device (annotated Fig. 2), and so that the long fibers (filaments in layer 20) do not completely loop around the at least one fiber deflecting element (see Fig. 2; col. 3, ll. 31-56); and wherein no adhesive, bolts, or screws are present between the tubular fiber composite material structure (structure formed by liner 17 and layers 20, 21) and the connecting device (end cap 10, see Figs. 1-2).
Fingerhut further discloses the longitudinal threads are applied as a mat, and one or more convolutions of the mat may be applied, depending on the desired thickness (col. 3, ll. 6-20). Fingerhut discloses a plurality of circumferential layers (filaments in layer 21, col. 2, ll. 40-49). Fingerhut also discloses that the number of circumferential layers may be two (col. 3, ll. 39-56). However, Fingerhut does not expressly disclose the long fibers do not significantly change direction again before and after being deflected, wherein the long fibers reach maximally to the protruding tip.
Pfaff teaches using a fiber composite material connecting portion (connecting portion 210, Fig. 14; para. [0250] of translation attached to October 27, 2022 IDS) to connect a tubular fiber composite material structure (see Fig. 14; para. [0250]) to a connecting device (connector 260, Fig. 14). Pfaff teaches the connecting portion (connecting portion 210) has at least one fiber deflecting element (fiber deflection elements 211, 212, 213, Fig. 14; para. [0251]) in its interior (see Fig. 14). Pfaff teaches the course of the long fibers (long fibers 201a, 202a, 203a, Fig. 14; para. [0251]) from the fiber composite component (see Fig. 14) follows the shape of a fiber deflecting portion (see Fig. 14; paras. [0251]-[0252]) of a fiber deflecting element (fiber deflection elements 211, 212, 213) so that the fiber direction thereof is deflected at the fiber deflecting portion (see Fig. 14; para. [0252]). Pfaff teaches the long fibers (long fibers 201a, 202a, 203a) reach maximally to a protruding tip (tip 231, 232, 203a, para. [0253]) of each fiber deflecting element (fiber deflection elements 211, 212, 213) in a direction of the connecting device (horizontal/axial direction in Fig. 14) such that the long fibers do not completely loop around the fiber deflecting elements with which they are associated respectively (Fig. 14; paras. [0253]). Pfaff teaches that the long fibers do not significantly change direction again before and after being deflected (see Fig. 14). Pfaff teaches the fiber deflecting elements (fiber deflection elements 211, 212, 213) comprise fiber composite material (para. [0254]). Pfaff teaches no firm connection is present between the tubular fiber composite material structure and the connecting device (see e.g., paras. [0260], [0265]; Fig. 14). Pfaff further teaches that this connection arrangement allows for forces on the connecting portion to be absorbed well by converting tensile or compressive forces into circumferential forces in the fiber deflection elements to be absorbed (paras. [0254], [0262]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the method of Fingerhut to have the long fibers reach maximally to a protruding tip of each fiber deflecting element such that the long fibers do not significantly change direction again before and after being deflected as taught by Pfaff for the purpose of allowing forces on the connecting portion to be absorbed well, as recognized by Pfaff (see e.g., paras. [0254], [0262]).
Regarding claim 10, Fingerhut as modified by Pfaff already includes the fiber composite material of the at least one fiber deflecting element is arranged mainly in circumferential layers (Pfaff, paras. [0254]-[0256]).
Regarding claim 11, Fingerhut further discloses the connecting device (end cap 10) comprises a dome cap (see Figs. 1-2; col. 2, ll. 7-11).
Regarding claim 12, Fingerhut further discloses the tubular fiber composite material structure (structure formed by liner 17 and layers 20, 21) comprises a liner (liner 17, Fig. 2).
Regarding claim 13, Fingerhut further discloses the liner (liner 17) is applied to the tubular fiber composite material structure (structure formed by liner 17 and layers 20, 21) inside or outside (see Fig. 2).
Regarding claim 14, Fingerhut further discloses the liner (liner 17) serves as a core for winding of the tubular fiber composite material structure (col. 3, ll. 1-6).
Claims 5, 6, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Fingerhut in view of Pfaff and in further view of U.S. Pub. 2016/0363265 to Griffith et al. (hereinafter, “Griffith”).
Regarding claim 5, Fingerhut as modified by Pfaff does not expressly disclose a plurality of tubular fiber composite material structures are interconnected via a plurality of connecting devices.
Griffith teaches a pressure tank comprising a tubular fiber composite material structure (braid 940, paras. [0075]-[0080]), a connecting device (end cap 100, Figs. 2-3b), and a fiber composite material connecting portion (connector 200, Figs. 1a-3b). Griffith teaches the connecting device comprises a dome cap (end cap 100, see e.g., Figs. 3a-3b). Griffith teaches that the dome cap forms part of a flexible coupling between interconnect sub-assemblies (see para. [0046]). Griffith further teaches that a plurality of tubular fiber composite material structures are interconnected via the connecting devices (see Figs. 5a-5d). Griffith teaches that the plurality of tubular fiber composite material structures are interconnected and combined in the form of sub-assemblies (Figs. 5b-5c). Griffith teaches that this interconnected arrangement permits the pressure tank to be folded to conform to the shape of a housing and may fit into irregular or non-rectangular cavities (paras. [0056], [0065]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the method of Fingerhut/Pfaff to have a plurality of tubular fiber composite material structures interconnected via the connecting devices and combined in the form of sub-assemblies and having the connecting device comprise a dome cap as taught by Griffith for the purpose of forming a pressure tank that can be folded to conform to the shape of a housing and may fit into irregular or non-rectangular cavities, as recognized by Griffith (paras. [0056], [0065]).
Regarding claim 6, Fingerhut as modified by Pfaff does not expressly disclose a plurality of tubular fiber composite material structures are interconnected and combined in the form of sub-assemblies.
Griffith teaches a pressure tank comprising a tubular fiber composite material structure (braid 940, paras. [0075]-[0080]), a connecting device (end cap 100, Figs. 2-3b), and a fiber composite material connecting portion (connector 200, Figs. 1a-3b). Griffith teaches the connecting device comprises a dome cap (end cap 100, see e.g., Figs. 3a-3b). Griffith teaches that the dome cap forms part of a flexible coupling between interconnect sub-assemblies (see para. [0046]). Griffith further teaches that a plurality of tubular fiber composite material structures are interconnected via the connecting devices (see Figs. 5a-5d). Griffith teaches that the plurality of tubular fiber composite material structures are interconnected and combined in the form of sub-assemblies (Figs. 5b-5c). Griffith teaches that this interconnected arrangement permits the pressure tank to be folded to conform to the shape of a housing and may fit into irregular or non-rectangular cavities (paras. [0056], [0065]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the method of Fingerhut/Pfaff to have a plurality of tubular fiber composite material structures interconnected via the connecting devices and combined in the form of sub-assemblies and having the connecting device comprise a dome cap as taught by Griffith for the purpose of forming a pressure tank that can be folded to conform to the shape of a housing and may fit into irregular or non-rectangular cavities, as recognized by Griffith (paras. [0056], [0065]).
Regarding claim 15, Fingerhut as modified by Pfaff does not expressly disclose a plurality of tubular fiber composite material structures are interconnected via a plurality of connecting devices.
Griffith teaches a pressure tank comprising a tubular fiber composite material structure (braid 940, paras. [0075]-[0080]), a connecting device (end cap 100, Figs. 2-3b), and a fiber composite material connecting portion (connector 200, Figs. 1a-3b). Griffith teaches the connecting device comprises a dome cap (end cap 100, see e.g., Figs. 3a-3b). Griffith teaches that the dome cap forms part of a flexible coupling between interconnect sub-assemblies (see para. [0046]). Griffith further teaches that a plurality of tubular fiber composite material structures are interconnected via the connecting devices (see Figs. 5a-5d). Griffith teaches that the plurality of tubular fiber composite material structures are interconnected and combined in the form of sub-assemblies (Figs. 5b-5c). Griffith teaches that this interconnected arrangement permits the pressure tank to be folded to conform to the shape of a housing and may fit into irregular or non-rectangular cavities (paras. [0056], [0065]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the pressure tank of Fingerhut/Pfaff to have a plurality of tubular fiber composite material structures interconnected via the connecting devices and combined in the form of sub-assemblies and having the connecting device comprise a dome cap as taught by Griffith for the purpose of forming a pressure tank that can be folded to conform to the shape of a housing and may fit into irregular or non-rectangular cavities, as recognized by Griffith (paras. [0056], [0065]).
Regarding claim 16, Fingerhut as modified by Pfaff does not expressly disclose a plurality of tubular fiber composite material structures are interconnected and combined in the form of sub-assemblies.
Griffith teaches a pressure tank comprising a tubular fiber composite material structure (braid 940, paras. [0075]-[0080]), a connecting device (end cap 100, Figs. 2-3b), and a fiber composite material connecting portion (connector 200, Figs. 1a-3b). Griffith teaches the connecting device comprises a dome cap (end cap 100, see e.g., Figs. 3a-3b). Griffith teaches that the dome cap forms part of a flexible coupling between interconnect sub-assemblies (see para. [0046]). Griffith further teaches that a plurality of tubular fiber composite material structures are interconnected via the connecting devices (see Figs. 5a-5d). Griffith teaches that the plurality of tubular fiber composite material structures are interconnected and combined in the form of sub-assemblies (Figs. 5b-5c). Griffith teaches that this interconnected arrangement permits the pressure tank to be folded to conform to the shape of a housing and may fit into irregular or non-rectangular cavities (paras. [0056], [0065]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the pressure tank of Fingerhut/Pfaff to have a plurality of tubular fiber composite material structures interconnected via the connecting devices and combined in the form of sub-assemblies and having the connecting device comprise a dome cap as taught by Griffith for the purpose of forming a pressure tank that can be folded to conform to the shape of a housing and may fit into irregular or non-rectangular cavities, as recognized by Griffith (paras. [0056], [0065]).
Conclusion
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 LAURA E. PARKER whose telephone number is (571)272-6014. The examiner can normally be reached Monday-Friday 8:00 am - 4:30 pm EST.
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/LAURA E. PARKER/Examiner, Art Unit 3733
/DON M ANDERSON/Primary Examiner, Art Unit 3733