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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-9 and 11-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 9 recite “wherein the textile structure is shaped such that a desired shaped portion of the textile structure is created without a shaped mold structure in that a non-shaped portion of the textile structure material is moved three dimensionally in order to create the desired shaped portion of the textile structure”, which is not originally disclosed and thus is new matter. The original specification does not explicitly disclose “without a shaped mold structure”, and thus such recitations are new matter.
Claims not listed above are rejected as being dependent upon a rejected claim.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9 and 11-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 9 recites “wherein the textile structure is shaped such that a desired shaped portion of the textile structure is created without a shaped mold structure in that a non-shaped portion of the textile structure material is moved three dimensionally in order to create the desired shaped portion of the textile structure” which is indefinite. Note that claim 19, dependent upon claim 9, recites that the shaping is carried out by punches. However, punches 20’ and 20” appear to show a shaped mold structure which shapes the textile structure, as shown in instant figs. 3b, 3c, 3e, 3f. Thus, the scope of “without a shaped mold structure” can include punches (which can include a shaped mold structure), and therefore such scope is unclear.
Claims 1 and 9 each recites “the textile structure material” which lacks antecedent basis. The Examiner suggests the following amendments in claims 1 and 9: “the textile structure
Claims not listed above are rejected as being dependent upon a rejected claim.
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.
Claim(s) 1, 3, 5-6 and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schulte et al. (US 2022/0234312) in view of Jacobson (US 5,573,716).
Schulte et al. (US 2022/0234312) disclose a method for producing a molded (shaped) body from
a fiber material (abstract; figs. 1-10; [0018]-[0021], [0025], [0034], [0064], [0069], [0081], [0099], [0101],
[0121]-[0136], [0140]), the method comprising:
providing a textile structure (defining a sheet structure as shown in figs. 1-3) that provided with a binder material is produced from the fiber material using a textile technology (a supply device 2 for supplying(providing) a woven fabric [0025]; a woven fabric is a textile structure produced using a textile technology, namely weaving); a binder material is added to the textile structure [0081]);
shaping the textile structure (by forming device 13); and
fixing the shaped textile structure in a predetermined three-dimensional form by an activation
of the binder material (by a curing device [0081], [0099]),
wherein the activation of the binder material is carried out iteratively ([0099], the binder is
activated inside the forming device 13; as shown in fig. 1, the activation is carried out iteratively because
the activation occurs at the forming device 13 before the next upstream section of the textile structure 1
is shaped/formed in the forming device 13).
However, Schulte et al. (US 2022/0234312) do not disclose the method wherein the textile structure is shaped such that a desired shaped portion of the textile structure is created without a shaped mold structure in that a non-shaped portion of the textile structure material is moved three dimensionally in order to create the desired shaped portion of the textile structure.
Jacobson (US 5,573,716) discloses a method for producing a molded (shaped) body from a sheet structure (figs. 6A-6D), the method comprising:
providing the sheet structure 110;
shaping the sheet structure 110 via a sheet former 200, wherein the sheet structure 110 is shaped such that a desired shaped portion of the sheet structure 110 is created without a shaped mold structure (col. 2, lines 39-42, without the use of dies, molds or other fixed tooling), in that a non-shaped portion of the sheet structure 110 is moved three dimensionally in order to create the desired shaped portion of the sheet structure 110 (figs. 6A-6D show the sheet 110 being moved three dimensionally for shaping; col. 12, line 1, to col. 13, line 56);
fixing the shaped sheet structure 110 in a predetermined three-dimensional form (col. 13, lines 46-56, stabilizing (fixing) the sheet).
It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to modify the shaping of Schulte et al. (US 2022/0234312) with shaping, as disclosed by Jacobson (US 5,573,716), because such a modification is known in the shaping art and would provide an alternative configuration for shaping sheet structures known to be operable in the art.
Schulte et al. (US 2022/0234312) further disclose the method:
(Claim 3) wherein the shaping of the textile structure and the activation of the binder material
overlap in time ([0099], the binder is activated inside the forming device 13; and thus shaping and
activation overlap in time);
(Claim 6) wherein the textile structure is produced by means of a weaving technology ([0025],
woven fabrics; woven fabrics are made by weaving);
(Claim 17) wherein the binder material is activated progressively in some selected areas (areas where the curing device is arranged) of the textile structure before activation is carried out in other areas (areas upstream of where the curing device is arranged) of the textile structure (fig. 1; [0081], [0099]; the curing device is arranged at and/or downstream of the forming device 13); and
(Claim 18) wherein said fixing is carried out area-by-area (fig. 1; [0081], [0099]; the curing device is arranged at and/or downstream of the forming device 13; and thus fixing occurs in the area where the curing device is arranged, and then the textile structure is moved downstream to shape and fix the next area).
Jacobson (US 5,573,716) further discloses the shaping:
(Claim 5) wherein the shaping of the sheet structure is carried out using an industrial robot (fig. 6A shows the sheet former 200 including an industrial robot);
(Claim 19) wherein said shaping is carried out using manipulators, which include movable punches 112, 217, and grippers 220 (figs. 6A-6D; col. 12, line 1, to col. 13, line 56); and
(Claim 20) wherein said manipulators are configured such that programming of the manipulators can be modified during the method for producing the molded body (fig. 11; col. 21, line 25, to col. 22, line 14; feedback control enables programming of the manipulators can be modified during the method for producing the molded body).
Claim(s) 2 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schulte et al. (US 2022/0234312) in view of Jacobson (US 5,573,716) as applied to claims 1, 3, 5-6 and 17-20 above, and further in view of Provost et al. (US 2017/0175308).
Schulte et al. (US 2022/0234312) and Jacobson (US 5,573,716) do not disclose the limitations of claims 2 and 4.
Provost et al. (US 2017/0175308) discloses a method for producing a molded body from a fiber
material, the method comprising providing/supplying a textile structure to a shaping means 13 for
shaping the textile structure, the textile structure produced from the fiber material using a loom 11 (fig.
2; [0018], [0051], loom supplies woven preform (woven fabric)).
It would have been obvious to one of ordinary skill in the art, at the time the invention was
made, to modify the supply device of Schulte et al. (US 2022/0234312) with a loom, as disclosed by
Provost et al. (US 2017/0175308), because such a modification is known in the art and would enable the
supply device to produce the supplied textile structure. As shown in fig. 1 of Schulte et al. (US
2022/0234312), in view of such combination (where the supply device 2 includes a loom):
(Claim 2) the activation of the binder material (in the forming device 13 (modified by the shaping as disclosed by Jacobson), as mentioned above) would be carried out in-process during production of the textile structure in the loom (supply device 2);
and
(Claim 4) the shaping of the textile structure (in the forming device 13(modified by the shaping as disclosed by Jacobson)) and the activation of the binder material (in the forming device 13 (modified by the shaping as disclosed by Jacobson), as mentioned above) would be carried out in synchronization with the production of the textile structure in the loom (supply device 2).
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schulte et al. (US 2022/0234312) in view of Jacobson (US 5,573,716) as applied to claims 1, 3, 5-6 and 17-20 above, and further in view of Buckley (US 2007/0241478).
Schulte et al. (US 2022/0234312) and Jacobson (US 5,573,716) do not disclose the limitations of claims 7-8.
Buckley (US 2007/0241478) discloses a method for producing a molded body from a fiber
material ([0070], woven fabric), wherein activation of a binder material is accomplished by
electromagnetic radiation or by electric current ([0006]-[0008], [0012], [0037]-[0040]).
It would have been obvious to one of ordinary skill in the art, at the time the invention was
made, to modify the activation of the binder material of Schulte et al. (US 2022/0234312) to be
accomplished by electromagnetic radiation or by electric current, as disclosed by Buckley (US
2007/0241478), because such a modification is known in the art and would provide an alternative
configuration for activating (curing) the binder material known to be operable in the art.
Claim(s) 9, 11-12 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schulte
et al. (US 2022/0234312) in view of Provost et al. (US 2017/0175308) and Jacobson (US 5,573,716).
Schulte et al. (US 2022/0234312) disclose a device for producing a molded body from a fiber
material (abstract; figs. 1-10; [0018]-[0021], [0025], [0034], [0064], [0069], [0081], [0099], [0101],
[0121]-[0136]), the device comprising:
an assembly unit for supplying a textile structure that is provided with a binder material from
the fiber material (a supply device 2 for supplying a textile structure (a woven fabric [0025]); and an
injection or impregnating device for providing a binder material to the textile structure [0081]); and
a fixing unit for geometrical fixing of the textile structure emerging from the assembly unit
(forming device 13 and curing device), the fixing unit including a shaping unit 13 for spatial forming of the textile structure 1 from fiber material (figs. 1-2).
However, Schulte et al. (US 2022/0234312) does not disclose the assembly unit producing the
textile structure, OR wherein the textile structure is shaped such that a desired shaped portion of the textile structure is created without a shaped mold structure in that a non-shaped portion of the textile structure material is moved three dimensionally in order to create the desired shaped portion of the textile structure.
Provost et al. (US 2017/0175308) discloses a device for producing a molded body from a fiber
material, the device comprising an assembly unit for producing a textile structure which is supplied to a
shaping means 13 for shaping the textile structure, the assembly unit including a loom 11 for producing
the textile structure produced from the fiber material (fig. 2; [0018], [0051], loom supplies woven
preform (woven fabric)).
Jacobson (US 5,573,716) discloses a device for producing a molded (shaped) body from a sheet structure (figs. 6A-6D), the device comprising:
an assembly unit 205 for producing a sheet structure 110;
a fixing unit 200 for geometrical fixing of the sheet structure 110 emerging from the assembly unit 205, the fixing unit 200 including a shaping unit 112, 217, 220, 222, 225 for spatial forming of the sheet structure 110, wherein the sheet structure is shaped such that a desired shaped portion of the textile structure is created without a shaped mold structure (col. 2, lines 39-42, without the use of dies, molds or other fixed tooling) in that a non-shaped portion of the textile structure material is moved three dimensionally in order to create the desired shaped portion of the textile structure (figs. 6A-6D show the sheet 110 being moved three dimensionally for shaping (spatial forming); col. 12, line 1, to col. 13, line 56; the fixing unit 200 including stabilizing (fixing elements) 265).
It would have been obvious to one of ordinary skill in the art, at the time the invention was
made, to modify the assembly unit of Schulte et al. (US 2022/0234312) with a loom, as disclosed by
Provost et al. (US 2017/0175308), because such a modification is known in the art and would enable the
assembly unit to produce the textile structure to be supplied; and to modify the shaping unit of Schulte et al. (US 2022/0234312) with a shaping unit, as disclosed by Jacobson (US 5,573,716), because such a modification is known in the shaping art and would provide an alternative configuration for the shaping unit known to be operable in the art for shaping sheet structures.
Schulte et al. (US 2022/0234312) further discloses the device:
(Claim 12) wherein the fixing unit includes an activation unit (curing device) for activating a
binder material contained in the textile structure [0081].
As to claim 11, Jacobson (US 5,573,716) further discloses that the shaping unit includes at least one industrial robot (fig. 6A shows the shaping unit including at least one industrial robot).
As to claim 15, Provost et al. (US 2017/0175308) further discloses the assembly unit including a
weaving machine (loom 11).
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schulte et al. (US
2022/0234312) in view of Provost et al. (US 2017/0175308) and Jacobson (US 5,573,716) as applied to claims 9, 11-12 and 15 above, and further in view of Buckley (US 2007/0241478).
Schulte et al. (US 2022/0234312), Provost et al. (US 2017/0175308) and Jacobson (US 5,573,716) do not disclose the limitations of claims 13-14.
Buckley (US 2007/0241478) discloses a device for producing a molded body from a fiber
material ([0070], woven fabric), wherein an activation unit for activating (curing) a binder material includes an electromagnetic radiation source or an electric current source ([0006]-[0008], [0012], [0037]-[0040]).
It would have been obvious to one of ordinary skill in the art, at the time the invention was
made, to further modify the activation unit of Schulte et al. (US 2022/0234312) to include an
electromagnetic radiation source or an electric current source, as disclosed by Buckley (US
2007/0241478), because such modifications are known in the art and would provide an alternative
configuration for activating (curing) the binder material known to be operable in the art.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schulte et al. (US
2022/0234312) in view of Provost et al. (US 2017/0175308) and Jacobson (US 5,573,716) as applied to claims 9, 11-12 and 15 above, and further in view of Moessinger (US 4,392,515).
Schulte et al. (US 2022/0234312), Provost et al. (US 2017/0175308) and Jacobson (US 5,573,716) do not disclose the limitations of claim 16.
Moessinger (US 4,392,515) discloses a weaving machine for producing a woven fabric, wherein
the weaving machine is a single phase weaving machine (col. 2, lines 16-34, single phase weaving loom).
It would have been obvious to one of ordinary skill in the art, at the time the invention was
made, to further modify the weaving machine (loom) to be a single phase weaving machine (single
phase weaving loom), as disclosed by Moessinger (US 4,392,515), because such a modification is known
in the weaving machine art and would provide an alternative configuration for the weaving machine
known to be operable in the art for producing a woven fabric.
Response to Arguments
Applicant's arguments filed January 15, 2026 have been fully considered but they are not persuasive.
Applicant argues that Schulte fails to anticipate the claimed invention because Schulte fails to teach or suggest each and every feature of the claimed invention. That is, Schulte fails to teach or suggest "shaping the textile structure, wherein the textile structure is shaped such that a desired shaped portion of the textile structure is created without a shaped mold structure in that a non-shaped portion of the textile structure material is moved three dimensionally in order to create the desired shaped portion of the textile structure" as recited in exemplary independent claim 1.
The Examiner agrees because the forming device 13 of Schulte is a shaped mold structure and instant claim 1 requires “without a shaped mold structure”.
Applicant argues that the Examiner alleges that Schulte teaches shaping the textile structure. The Examiner does not provide any details about the alleged shaping, but merely asserts the shaping is done "by forming device 13.".
The Examiner respectfully disagrees. Paragraph [140] of Schulte, cited in the arguments, discloses forming (shaping) device 13 having a guiding area 9 which depicts the negative of the desired shape (and thus providing the positive of the desired shape to the semi-finished fiber product 1 (to the textile structure 1), as shown in fig. 2, as the textile structure 1 is pulled over the forming device 13 by the pulling device; note that the textile structure is moved three dimensionally via the forming device 13 during pulling).
Applicant argues that, indeed, as is described in paragraph [0140] of Schulte, the forming device only moves the semi-finished fiber product from a first plane to a second plane.
The Examiner respectfully disagrees. Paragraph [140] of Schulte does NOT disclose that the forming device only moves the semi-finished fiber product from a first plane to a second plane. As mentioned above, the textile structure is moved three dimensionally via the forming device 13 during pulling of the textile structure 1 over the forming device 13. The three dimensional contours of the textile structure 1 caused by forming device 13 are shown in fig. 2.
The new scope of the claims and the new claims are rejected above in the prior art rejections.
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 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 JOSEPH S LEYSON whose telephone number is (571)272-5061. The examiner can normally be reached M-F 8am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sam Xiao Zhao can be reached at 5712705343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.S.L/Examiner, Art Unit 1744
/XIAO S ZHAO/Supervisory Patent Examiner, Art Unit 1744
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