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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on July 27, 2026 has been entered.
Claim Objections
Claims 1-8 and 17-20 are objected to because of the following informalities: in claim 1, lines 5-7, “such a non-shaped portion” should be amended such as “such that a non-shaped portion” for proper idiomatic language. Claims 2-8 and 17-20 are objected as being dependent upon an objected claim. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The scope of Claim 6 includes means of a weaving technology for producing the textile structure. An example of such means is weaving machine 13.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3 and 17-18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Schulte et al. (US 2022/0234312).
Schulte et al. (US 2022/0234312) teach 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 fabric 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, wherein the textile structure is shaped such that a non-shaped portion of the textile structure is moved three dimensionally in order to create a desired shaped portion of the textile structure ([0135]-[0145]; figs. 1-5 show the forming device 13 moving a non-shaped fabric sheet structure three dimensionally in order to create (shape) a three dimensional desired shaped portion); and
fixing portions of the shaped textile structure in a predetermined three-dimensional form by an activation of the binder material (by a curing device to stiffen (fix) the shaped fabric sheet structure [0081], [0099], [0101]),
wherein fixed portions of the shaped textile structure form a support for other portions of the textile structure that are not yet shaped and fixed ([0081], [0099], [0101], the shaped fabric sheet structure is stiffened (fixed) by a curing device; thus there is a line of demarcation between where (1), the shaped fabric sheet structure is shaped and NOT fixed (i.e., other portions of the shaped fabric sheet structure not yet shaped AND fixed) and where (2) the shaped fabric sheet structure is shaped and fixed (i.e., fixed portions of the shaped fabric structure); it is inherent that the fixed portions support the other portions because the fixed portions on one side of the line prevent movement (e.g., away from the shape of the shaped portion) of the (non-fixed) other portions on the other side of the line), and
wherein the activation of the binder material is carried out iteratively (fig. 1; [0081], [0099], [0101], after forming, the fiber sheet structure is stiffened by a curing device (activation of the binder); the activation is carried out iteratively because the fabric sheet structure is moving continuously; thus activation occurs after a portion of the fiber sheet structure is formed, and activation occurs again after a next upstream portion of the fiber sheet structure is formed).
Schulte et al. (US 2022/0234312) further teach the method:
(Claim 3) wherein the shaping of the textile structure and the activation of the binder material
overlap in time ([0081], the curing device can be arranged at the forming device; thus shaping (at the forming device) and activation (curing device arranged at the forming device) overlap in time (as both occur when at the forming device));
(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], [0101], after forming, the fiber sheet structure is stiffened by a curing device (activation of the binder); the activation is carried out progressively because the fabric sheet structure is moving continuously; thus activation occurs in some selected areas after forming before activation occurs in other areas (e.g., a next upstream portion of the fiber sheet structure to be formed)); and
(Claim 18) wherein said fixing is carried out area-by-area (fig. 1; [0081], [0099], [0101], after forming, the fiber sheet structure is stiffened (fixed) by a curing device; the fixing is carried out area-by-area because the fabric sheet structure is moving continuously; thus fixing occurs after a portion (first area) of the fiber sheet structure is formed, and fixing occurs again after a next upstream portion (second area) of the fiber sheet structure is formed).
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.
Claim(s) 2, 4 and 6 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).
Schulte et al. (US 2022/0234312) disclose the method substantially as claimed, as mentioned above, except for the limitations of claims 2, 4 and 6.
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 into a molded body, wherein the textile structure is produced from the fiber material using a loom (weaving machine) 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 after forming, as mentioned above, would be carried out in-process during production of the textile structure in the loom of the modified supply device 2);
(Claim 4) the shaping of the textile structure by the forming device 13 and the activation of the binder material by the curing device, as mentioned above, would be carried out in synchronization
with the production of the textile structure in the loom of the modified supply device 2; and
(Claim 6) wherein the textile structure is produced by the loom (weaving machine) of the modified supply device 2.
Claim(s) 5 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schulte et al. (US 2022/0234312) in view of Jacobson (US5,573,716).
Schulte et al. (US 2022/0234312) disclose the method substantially as claimed, as mentioned above, except for the limitations of claims 5 and 19-20.
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);
(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).
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 sheet shaping art and would provide an
alternative configuration for shaping sheet structures known to be operable in the art.
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 Buckley (US 2007/0241478).
Schulte et al. (US 2022/0234312) disclose the method substantially as claimed, as mentioned above, except for 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, 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).
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 (forming device 13 to shape the textile structure and curing device for fixing the shaped textile structure) for geometrical fixing portions of the textile structure emerging from the assembly unit, the fixing unit including a shaping unit 13 for spatial forming of the textile structure 1 from fiber material (figs. 1-5; [0081], [0099], [0101], [0135]-[0145]; a curing device stiffens (fixes) the textile structure);
wherein the textile structure is shaped such that a non-shaped portion of the textile structure is moved three dimensionally in order to create a desired shaped portion of the textile structure ([0135]-[0145]; figs. 1-5 show the forming device 13 moving a non-shaped fabric sheet structure three dimensionally in order to create (shape) a three dimensional desired shaped portion); and
wherein fixed portions of the shaped textile structure form a support for other portions of the textile structure that are not yet shaped and fixed ([0081], [0099], [0101], the shaped fabric sheet structure is stiffened (fixed) by a curing device; thus there is a line of demarcation between where (1), the shaped fabric sheet structure is shaped and NOT fixed (i.e., other portions of the shaped fabric sheet structure not yet shaped AND fixed) and where (2) the shaped fabric sheet structure is shaped and fixed (i.e., fixed portions of the shaped fabric structure); it is inherent that the fixed portions support the other portions because the fixed portions on one side of the line prevent movement (e.g., away from the shape of the shaped portion) of the (non-fixed) other portions on the other side of the line).
However, Schulte et al. (US 2022/0234312) does not disclose the assembly unit producing 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)).
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.
As to claim 12, Schulte et al. (US 2022/0234312) further discloses the device wherein the fixing unit includes an activation unit (curing device) for activating a
binder material contained in the textile structure [0081], [0099], [0101].
As to claim 15, Provost et al. (US 2017/0175308) further discloses the assembly unit including a
loom 11, which is a weaving machine.
Claim(s) 11 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) as applied to claims 9, 12 and 15 above, and further in view of Jacobson (US5,573,716).
Schulte et al. (US 2022/0234312) and Provost et al. (US 2017/0175308) do not disclose the limitations of claim 11
Jacobson (US5,573,716) 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);
wherein the shaping unit includes at least one industrial robot (fig. 6A shows the shaping unit including at least one industrial robot).
It would have been obvious to one of ordinary skill in the art, at the time the invention was
made, 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 sheet shaping art and would provide an alternative configuration for the shaping unit known to be operable in the art for shaping sheet structures.
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) as applied to claims 9, 12 and 15 above, and further in view of Buckley (US 2007/0241478).
Schulte et al. (US 2022/0234312) and Provost et al. (US 2017/0175308) 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) as applied to claims 9, 12 and 15 above, and further in view of Moessinger (US 4,392,515).
Schulte et al. (US 2022/0234312) and Provost et al. (US 2017/0175308) 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 July 27, 2026 have been fully considered but they are not persuasive.
Applicant argues that the applied references, alone or in combination, fail to teach or suggest each and every feature of the claimed invention. That is, the applied references fail to teach or
suggest "wherein fixed portions of the shaped textile structure form a support for other portions of the textile structure that are not yet shaped and fixed" as recited in exemplary independent claim 1 and similarly recited in exemplary independent claim 9.
The Examiner respectfully disagrees. Such limitations is disclosed by Schulte as mentioned above.
Applicant argues that the Examiner alleges that Schulte teaches fixing the textile structure. Specifically, the Examiner refers to paragraphs [0081] and [0099] of Schulte to support this assertion. Paragraph [0081] of Schulte merely discloses that a curing device is provided for
curing a binding agent that is provided by an injection device Paragraph [0099] of Schulte
merely teaches: "after the forming and/or the deflection, the semi-finished fiber product
and/or formed semi-finished product is stiffened, in the form deflected by the forming
device, inside the forming device by means of a curing device arranged between the
pulling and the forming device."
The Examiner respectfully disagrees. Schulte discloses that the curing device stiffens (fixes) the textile structure and retains shape [0081], [0099], [0101], as mentioned above.
Conclusion
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.
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, 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
/John J DeRusso/Primary Examiner, Art Unit 1744
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