DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 1-6 and 8-19 are rejected under 35 U.S.C. 103 as being unpatentable over Nelson et al. US 5624519 A in view of Hu et al. WO 2020124538 A1, Giaraffa et al. US 10967585 B2, and Guichard et al. WO 0046098 A1
Regarding independent claim 1, Nelson et al., discloses a method of manufacturing a bicycle frame, the method comprising:
[providing a first hollow tube part 34;] (Fig. 1; Col. 10, lines 11-13)
[providing at least a first fiber reinforced shell part 76 and a second fiber reinforced shell part 77;] (Fig. 18; Col. 14, lines 9-15)
[positioning the first fiber reinforced shell part adjacent to the second fiber reinforced shell part across a seam 80 or interface between the first and second fiber reinforced shell parts to form a second hollow tube part 31;] (Annotation of Fig. 6a; As shown in the annotation of Fig. 6a below, Nelson et al. illustrates the first fiber reinforced shell part 76 adjacent to the second fiber reinforced shell part 77 across a seam 80 to form a second hollow tube part 31.)
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Annotated Fig. 6a of Nelson et al.
[inserting an end portion 60 of the first hollow tube part into the second hollow tube part, or inserting an end portion of the second hollow tube part in the first hollow tube part, forming an overlap between the first hollow tube part and the fiber reinforced shell parts wherein at the overlap the embedded structure of fibers of the first hollow tube part crosses the seam or interface of the first hollow tube part and the second hollow tube part of shell parts;] (Annotated Fig. 5 and Annotated Fig. 6a; Col. 14, lines 1-12; As shown in annotation of Fig. 5 below and the annotation of Fig. 6a above, Nelson et al. illustrates an end portion 60 of the first hollow tube 34 being inserted into the second hollow tube part 31 which is formed by the first and second shell parts 76, 77. This insertion creates an overlap between the first hollow tube part and the fiber reinforced shell parts wherein at the overlap the embedded structure of fibers of the first hollow tube part crosses the seam 80 or interface of the first hollow tube part and the shell parts 76, 77 of the second hollow tube part.) and
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Annotated Fig. 5 of Nelson et al.
Nelson et al. does not disclose the first hollow tube part comprising a first thermoplastic fiber reinforced composite comprising a thermoplastic polymer matrix and an embedded structure of fibers; the first fiber reinforced shell part and a second fiber reinforced shell part each comprising a second thermoplastic fiber composite including a thermoplastic polymer matrix and fibers; wherein fusing includes: heating the first hollow tube part and the fiber reinforced shell parts at least at a position of the overlap to a temperature above a softening temperature of the first and second thermoplastic fiber composite; and consolidating the heated first and second thermoplastic fiber composite by pressure to form a fused interconnect between the hollow tube parts.
Hu et al. teaches [the first hollow tube part comprising a first thermoplastic fiber reinforced composite comprising a thermoplastic polymer matrix and an embedded structure of fibers;] (Fig. 1-5; Page 4, lines 33-36) [the first fiber reinforced shell part and a second fiber reinforced shell part each comprising a second thermoplastic fiber composite including a thermoplastic polymer matrix and fibers;] (Fig. 1-5; Page 4, lines 33-36) [wherein fusing includes: heating the parts to a temperature above a softening temperature of the first and second thermoplastic fiber composite; and consolidating the heated first and second thermoplastic fiber composite by pressure to form a fused interconnect between the hollow tube parts.] (Fig. 3-4; Page 5, lines 23-29; Hu et al. discloses that the overlapping areas of the shells 20A, 20B are thermocompression welded to form a welded region that are joined and formed into the frame member 20.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use the Hu et al. of thermoplastic fiber composites and thermocompression fusion technique with the bicycle frame of Nelson et al. with a reasonable expectation of success because it would allow for efficient heat-based fusion and structural integration, thus providing a lightweight and high-strength bicycle frame.
Nelson et al., as modified, does not disclose fusing the first fiber reinforced shell part, the second fiber reinforced shell part, and the first hollow tube part in said relative position to each other; and fusing the first hollow tube part to the second hollow tube part across the seam or interface of the first and second fiber reinforced shell parts
Giaraffa et al. teaches [fusing the first fiber reinforced shell part, the second fiber reinforced shell part, and the first hollow tube part in said relative position to each other; and fusing the first hollow tube part to the second hollow tube part across the seam or interface of the first and second fiber reinforced shell parts] (Fig. 1-2; Col. 4, lines 15-34)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use the fusing technique of Giaraffa et al. with the bicycle frame of Nelson et al. with a reasonable expectation of success because it would allow for the first hollow tube and shell parts to be secured in their intended structural positions during the molding process, thus improving structural integrity and consistent part alignment in the composite frame.
Nelson et al. does not disclose heating the first hollow tube part and the first and second fiber reinforced shell parts at least at a position of the overlap.
Guichard et al. teaches [heating the first hollow tube part and the first and second fiber reinforced shell parts at least at a position of the overlap.] (Fig. 8a-b; Page 6, lines 17-22; Guichard et al. discloses a first hollow tube part 3a that comprises a longitudinal section 5. This longitudinal section overlaps with a second hollow tube part 4c and is welded to the tube part via heat fusion.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the fusing technique of Guichard et al. with the bicycle frame of Nelson et al., as modified, with a reasonable expectation of success because it would allow for the first and second hollow tube part to be fused across their overlap, thus enhancing the frames durability, improving sustainability, and increasing the bicycles lifespan.
Regarding claim 2, Nelson et al., as modified above, discloses all of the claimed limitations above, including [wherein the first hollow tube part 34 is a seamless hollow tube part.] (Fig. 1 of Nelson et al.; As shown in Fig. 1, Nelson et al. illustrates the first hollow tube 34 being a seamless hollow tube part.)
Regarding claim 3, Nelson et al., as modified, all of the claimed limitations above, including [the first hollow tube part comprises a braided or winded fiber structure 10a that is provided around the tube.] (Fig. 4a of Guichard et al.; Page 5; lines 12-19 Guichard et al.)
Regarding claim 4, Nelson et al., as modified, all of the claimed limitations above, including [wherein the first hollow tube part is formed in separate heating and consolidating steps of a braided fiber structure comprising thermoplastic fibers and reinforcing fibers.] (Fig. 4a of Guichard et al.; Page 5; lines 12-19 of Guichard et al.)
Regarding claim 5, Nelson et al., as modified above does not explicitly teach that the wherein an outer diameter of the first hollow tube part is smaller than an outer diameter of the second hollow tube part by a factor of at least two. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the first and second hollow tube of Nelson et al., to use an outer diameter of the first hollow tube part being smaller than an outer diameter of the second hollow tube part by a factor of at least two, so as to achieve an optimal fit for insertion and bonding during overlap, since it has been held that where routine testing and general experimental conditions are present, discovering the optimum or workable ranges until the desired effect is achieved involves only routine skill in the art. See, In re Aller, 105 USPQ 233. Moreover, Applicant should note that nothing of record, nor known in the art, suggests that using the specific claimed range or value yields any previously unexpected results.
Regarding claim 6, Nelson et al., as modified above, discloses all of the claimed limitations above, including [wherein, during fusing, the shell parts and first hollow tube part are enclosed by an outer mold 71a, 71b at least at the position of the overlap.] (Fig. 6b-c of Nelson et al.; Col. 14, lines 46-49)
Regarding claim 8, Nelson et al., as modified, discloses all of the claimed limitations above, including [the first hollow tube 34] (Fig. 1 of Nelson et al.; Col. 10, lines 11-13 of Nelson et al.) and [second hollow tube 31.] (Fig. 6a of Nelson et al.; As shown in Fig. 6a, Nelson et al. illustrates the first fiber reinforced shell part 76 adjacent to the second fiber reinforced shell part 77 across a seam to form a second hollow tube part 31.) [a layer 10b-c, e.g. a strip] (Fig. 4a of Guichard et al.; Page 5; lines 12-19 of Guichard et al.; Guichard et al. discloses a hollow tube 30 with braided sleeves 10b arranged in the inner surface of the tube.) [between the first and second hollow tube.] (Fig. 4a of Guichard et al.; As shown in Fig. 4a, Guichard et al. illustrates the layer 10b being arranged between the first hollow tube 30 and the second hollow tube 10c.) [across the seam or interface.] (Annotation of Fig. 6a; As shown in the annotation of Fig. 6a above, Nelson et al. illustrates the first fiber reinforced shell part 76 adjacent to the second fiber reinforced shell part 77 across a seam 80 to form a second hollow tube part 31.)
Regarding claim 9, Nelson et al., as modified above, discloses all of the claimed limitations above, including [wherein fibers or bundles of fibers comprised in the embedded structure of fibers cross the seam between the first hollow tube part 34 and the shell parts 31 at an angle in a range between 30 and 90 degrees.] (Fig. 5 of Nelson et al.; As shown in Fig. 5, Nelson illustrates wherein fibers or bundles of fibers comprised in the embedded structure of fibers cross the seam between the first hollow tube part 34 and the shell parts 31 at an angle in a range between 30 and 90 degrees)
Regarding claim 10, Nelson et al. s modified above, discloses all of the claimed limitations above, including [wherein at least one of the shell parts is provided with a tongue 43 to arrange an overlap along the seam between the shell parts.] (Fig. 6 of Hu et al.; Page 6, lines 4-10)
Regarding claim 11, Nelson et al. as modified above, discloses all of the claimed limitations above, including [wherein the method of manufacturing a bicycle frame is applied to form one or more of:
a connection between a seat post or seat tube and the frame;
a connection between a head tube and the frame front fork members;
a connection between a fork blade and a steerer tube; and
a connection between a seat stay or chain stay and the frame.] (Fig. 1 & 5 of Nelson et al.; As shown in Fig. 1 & 5, Nelson et al. illustrates a connection between a seat stay 40 or chain stay 38 and the frame.)
Regarding independent claim 12, Nelson et al. as modified above, discloses all of the claimed limitations above, including [the bicycle frame comprising a fused interconnect between:
[a first hollow tube part] (Fig. 1 of Nelson et al.; Col. 10, lines 11-13 of Nelson et al) comprising [a first thermoplastic fiber reinforced composite comprising a thermoplastic matrix and an embedded structure of fibers;] (Fig. 1-5 of Hu et al.; Page 4, lines 33-36) and
[a second hollow tube part 31 comprising at least a first fiber reinforced shell part 76 and a second fiber reinforced shell part 77] (Fig. 6a of Nelson; As shown in Fig. 6a, Nelson et al. illustrates the first fiber reinforced shell part 76 adjacent to the second fiber reinforced shell part 77 across a seam to form a second hollow tube part 31.) each comprising [a second thermoplastic fiber composite comprising a thermoplastic matrix and fibers,] (Fig. 1-5 of Hu et al.; (Fig. 1-5; Page 4, lines 33-36)
[wherein the first and second fiber reinforced shell parts are joined at a seam or interface;] (Annotation of Fig. 6a of Nelson et al.; As shown in the annotation of Fig. 6a below, Nelson et al. illustrates the first fiber reinforced shell part 76 and the second fiber reinforced shell part 77 being joined at a seam 80 to form a second hollow tube part 31.)
[wherein the fused interconnect includes an overlap between the first hollow tube part and the second hollow tube part formed of: an end portion 60 of the first hollow tube part overlapping the second hollow tube, or of an end portion of the second hollow tube part overlapping the first hollow tube part,] (Fig. 5 of Nelson; As shown in Fig. 5, Nelson et al. illustrates an end portion 60 of the first hollow tube 34 being inserted into the second hollow tube part 76, 77. This insertion creates an overlap between the first hollow tube part and the fiber reinforced shell parts wherein at the overlap the embedded structure of fibers of the first hollow tube part crosses a boundary between the first hollow tube part and the second hollow tube part of shell parts.) [wherein at the overlap the first hollow tube part is [fused] (Fig. 8a-b of Guichard et al.; Page 6, lines 17-22 of Guichard et al.; Guichard et al. discloses a first hollow tube part 3a that comprises a longitudinal section 5. This longitudinal section overlaps with a second hollow tube part 4c and is welded to the tube part via heat fusion.) to the second hollow tube part across the seam or interface of the first and second fiber reinforced shell parts,] (Annotated Fig. 5 and Annotated Fig. 6a of Nelson et al.; Col. 14, lines 1-12; As shown in annotation of Fig. 5 above and the annotation of Fig. 6a above, Nelson et al. illustrates an end portion 60 of the first hollow tube 34 being inserted into the second hollow tube part 31 which is formed by the first and second shell parts 76, 77. This insertion creates an overlap between the first hollow tube part and the fiber reinforced shell parts wherein at the overlap the embedded structure of fibers of the first hollow tube part crosses the seam 80 or interface of the first hollow tube part and the shell parts 76, 77 of the second hollow tube part.) and [the embedded structure of fibers of the first hollow tube part crosses the seam or interface of the first and second fiber reinforced shell parts.] (Fig. 5 of Nelson; As shown in Fig. 5, Nelson et al. illustrates an end portion 60 of the first hollow tube 34 being inserted into the second hollow tube part 76, 77. This insertion creates an overlap between the first hollow tube part and the fiber reinforced shell parts wherein at the overlap the embedded structure of fibers of the first hollow tube part crosses a boundary between the first hollow tube part and the second hollow tube part of shell parts.)
Regarding claim 13, Nelson et al. as modified above, discloses all of the claimed limitations above, including [wherein the first hollow tube part is a seamless hollow tube.] (Fig. 1 of Nelson et al.; As shown in Fig. 1, Nelson et al. illustrates the first hollow tube 34 being a seamless hollow tube part.)
Regarding claim 14, Nelson et al., as modified, discloses all of the claimed limitations above, including [the first hollow tube part 34.] (Fig. 1 of Nelson et al.; Col. 10, lines 11-13 of Nelson et al.) [the first hollow tube part comprises a braided or winded fiber structure 10a that is provided around the tube.] (Fig. 4a of Guichard et al.; Page 5; lines 12-19 of Guichard et al.)
Regarding claim 15, Nelson et al., as modified above does not explicitly teach that the wherein an outer diameter of the first hollow tube part is smaller than an outer diameter of the second hollow tube part by a factor of at least two. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the first and second hollow tube of Nelson et al., to use an outer diameter of the first hollow tube part being smaller than an outer diameter of the second hollow tube part by a factor of at least two, so as to achieve an optimal so as to achieve an optimal fit for insertion and bonding during overlap, since it has been held that where routine testing and general experimental conditions are present, discovering the optimum or workable ranges until the desired effect is achieved involves only routine skill in the art. See, In re Aller, 105 USPQ 233. Moreover, Applicant should note that nothing of record, nor known in the art, suggests that using the specific claimed range or value yields any previously unexpected results.
Regarding claim 16, Nelson et al., as modified, discloses all of the claimed limitations above, including [the first hollow tube 34] (Fig. 1 of Nelson et al.; Col. 10, lines 11-13 of Nelson et al.) and [second hollow tube 31.] (Fig. 6a of Nelson et al.; As shown in Fig. 6a, Nelson et al. illustrates the first fiber reinforced shell part 76 adjacent to the second fiber reinforced shell part 77 across a seam to form a second hollow tube part 31.) [a layer 10b, e.g. a strip, of a thermoplastic material] (Fig. 4a of Guichard et al.; Page 5, lines 12-19 of Guichard et al.; Guichard et al. discloses a hollow tube 30 with braided sleeves 10b arranged in the inner surface of the tube.) [between the first and second hollow tube] (Fig. 4a of Guichard et al.; As shown in Fig. 4a, Guichard et al. illustrates the layer 10b being arranged between the first hollow tube 30 and the second hollow tube 10c.) [across the seam or interface.] (Annotation of Fig. 6a; As shown in the annotation of Fig. 6a above, Nelson et al. illustrates the first fiber reinforced shell part 76 adjacent to the second fiber reinforced shell part 77 across a seam 80 to form a second hollow tube part 31.)
Regarding claim 17, Nelson et al. as modified above, discloses all of the claimed limitations above, including [wherein fibers or bundles of fibers comprised in the embedded structure of fibers cross the seam or interface between the first hollow tube part and the second hollow tube part at an angle in a range between 30 and 90 degrees.] (Fig. 5 of Nelson et al.; As shown in Fig. 5, Nelson illustrates wherein fibers or bundles of fibers comprised in the embedded structure of fibers cross the seam between the first hollow tube part 34 and the shell parts 31 at an angle in a range between 30 and 90 degrees.)
Regarding claim 18, Nelson et al. as modified above, discloses all of the claimed limitations above, including [wherein the first hollow tube part 20 is made in a separate production step formed of two shell parts 20a, 20b.] (Fig. 2 of Hu et al.; As shown in Fig. 2, Hu et al. illustrates wherein the first hollow tube part 20 is made in a separate production step formed of two shell parts 20a, 20b.)
Regarding claim 19, Nelson et al. as modified above, discloses all of the claimed limitations above, including [wherein the first hollow tube part crosses a boundary between the first hollow tube part and the second hollow tube part.] (Annotated Fig. 5 of Nelson et al.; As shown in the annotation of Fig. 5 above, Nelson et al. illustrates the first hollow tube 34 crossing a boundary between first hollow tube part and the second hollow tube part 31.)
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Nelson et al. in view of Hu et al., Giaraffa et al., Guichard et al. and further in view of Wilhelm et al. DE 4029670 A1.
Regarding claim 7, Nelson et al., as modified, does not disclose a pressurizing medium within the first and/or the second hollow tube part and applying a hydrostatic pressure in a range between about one and about nine bar.
Wilhelm et al. teaches [a pressurizing medium within the first and/or the second hollow tube part and applying a hydrostatic pressure in a range between about one and about nine bar.] (Fig. 1; Page 3, lines 16-29; Wilhelm et al. discloses a pressurizing medium within the first 12 and/or the second hollow tube part 11 and applying a hydrostatic pressure.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the internal pressurizing technique of Wilhelm et al. with the bicycle frame of Nelson et al., as modified with a reasonable expectation of success because it would allow for uniform application of hydrostatic pressure during the consolidation process, thus improving bond quality and mechanical performance of the composite structure.
Nelson et al., as modified above, does not explicitly teach a hydrostatic pressure in a range between about one and about nine bar. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the thermocompression of He et al. to use a pressurizing medium within the first and/or the second hollow tube part and applying a hydrostatic pressure in a range between about one and about nine bar, so as to achieve an optimal distribution of pressure during fusing and improved material consolidation, since it has been held that where routine testing and general experimental conditions are present, discovering the optimum or workable ranges until the desired effect is achieved involves only routine skill in the art. See, In re Aller, 105 USPQ 233. Moreover, Applicant should note that nothing of record, nor known in the art, suggests that using the specific claimed range or value yields any previously unexpected results.
Response to Arguments
Applicant’s amendment filed 10/29/2025 (hereinafter Response) including claim amendments have been entered. Examiner notes that claims 1, 8, 12, 16, and 17 have been amended. In light of amendments, all 112 rejections have been withdrawn.
Applicant's arguments on Pages 2-3 of Remarks filed 10/29/2025 have been fully considered but they are not persuasive.
Applicant contends that the combination of Nelson in view of Hu and Giaraffa does not suggest that, at the overlap the embedded structure of fibers of the first hollow tube part crosses a seam or interface of the first and second fiber reinforced shell parts of the second hollow tube part, and fusing the first hollow tube part to the second hollow tube part across the seam or interface of the first and second fiber reinforced shell parts. This is not persuasive.
As shown in the annotations of Fig. 5 and 6a above, Nelson illustrates wherein illustrates the first fiber reinforced shell part 76 adjacent to the second fiber reinforced shell part 77 across a seam 80 to form a second hollow tube part 31. Additionally, Nelson further illustrates an end portion 60 of the first hollow tube 34 being inserted into the second hollow tube part 31 which is formed by the first and second shell parts 76, 77. This insertion creates an overlap between the first hollow tube part and the fiber reinforced shell parts wherein at the overlap the embedded structure of fibers of the first hollow tube part crosses the seam 80 or interface of the first hollow tube part and the shell parts 76, 77 of the second hollow tube part.
Furthermore, Guichard et al. teaches fusing the first hollow tube part to the second hollow tube part across the overlap. As disclosed in Page 6, lines 17-22 of Guichard et al., it is described that a first hollow tube part 3a comprises a longitudinal section 5. This longitudinal section overlaps with a second hollow tube part 4c and is welded to the tube part via heat fusion. Therefore, meeting the limitation of fusing the first hollow tube part to the second hollow tube part across an overlap between the hollow tube parts.
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mohamed Medani whose telephone number is (703)756-1917. The examiner can normally be reached Monday - Friday, 8:30 am - 5:30 pm.
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/Mohamed M Medani/Examiner, Art Unit 3611
/VALENTIN NEACSU/Supervisory Patent Examiner, Art Unit 3611