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 .
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3, 5-8, 11, and 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Richardson (US PG Pub 2021/0053625) in view of Matecki et al. (US PG Pub 2016/0159300).
Regarding claim 1, Richardson discloses a reinforcement structure 1 comprising: an inner member 6 at least partially secured within a shell 4 (see Figure 1; Paragraph 42); wherein the inner member 6 includes one or more cavities formed by one or more walls of the inner member 6, wherein the one or more cavities extend along an entire length of the inner member 6 and are open at each terminal end of the inner member 6, and wherein at least one cavity is enclosed along its entire length and open at each terminal end of the inner member 6 (see Figures 1-3; Paragraphs 42-43); wherein the inner member 6 is secured within the shell 4 so that one or more abutment portions 44 of the shell 4 are positioned in receiving portions 40 of the inner member 6, respectively, to create at least a partial press-fit condition between the inner member 6 and the shell 4 (see Figures 1-3; Paragraph 42-44); wherein the shell 4, the inner member 6, or both are a fiber-reinforced composite material (see Paragraph 29); wherein the shell 4 and/or the inner member 6 are pultruded (see Paragraph 29); and wherein the shell 4 and the inner member 6 are adapted to be secured to one another free of secondary fasteners, welds, adhesive, or combination thereof (see Figures 1-3; Paragraph 6).
Richardson fails to disclose that the composite is fiber-reinforced.
Matecki et al. disclose a reinforcement structure having a shell 60 and an inner member 70 (see Paragraph 32). The inner member 70 is made from composite fiber-reinforced material and can be pultruded so that the fibers can be longer and extend over a greater area of the component and be arranged in an optimal pattern for optimal reinforcement properties (see Paragraph 26).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to pultrude the inner member of Evans from fiber reinforced composite, with a reasonable expectation of success, to allow the inner member to be formed with fibers in an optimal pattern having optimal reinforcement properties, as taught by Matecki et al..
Regarding claim 3, Richardson, as modified by Matecki et al., discloses the reinforcement structure according to claim 1, wherein the inner member 6 includes one or more ribs projecting from the one or more walls to further define the one or more cavities (see Figures 2-3 and annotated Figure 3 below).
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Regarding claim 5, Richardson, as modified by Matecki et al., discloses the reinforcement structure according to claim 1, wherein the shell 4 includes a plurality of retaining features 48 that contact an outer surface of the inner member 6 to maintain the at least partial press-fit condition between the shell 4 and the inner member 6 (see Figures 2-3; Paragraphs 43-44).
Regarding claim 6, Richardson, as modified by Matecki et al., discloses the reinforcement structure according to claim 5, wherein the retaining features 48 are a plurality of undulations along an inner surface of the shell 4 (see Figures 1-3; Paragraphs 43-44).
Regarding claim 7, Richardson, as modified by Matecki et al., discloses the reinforcement structure according to claim 1, wherein the shell 4 is a monolithically formed, enclosed structure having opposing openings at terminal ends of the shell 4 (see Figures 1-2; Paragraph 44).
Regarding claim 8, Richardson, as modified by Matecki et al., discloses the reinforcement structure according to claim 1, wherein the shell 4 includes one or more notches 40 recessed from an outer surface of the shell 4 (see Figures 1-3; Paragraphs 42-44).
Regarding claim 11, Richardson, as modified by Matecki et al., discloses the reinforcement structure according to claim 1, wherein the shell 4 and the inner member 6 are pultruded (see Paragraphs 9, 27, and 30-31).
Regarding claim 24, Richardson, as modified by Matecki et al., discloses the reinforcement structure according to claim 1, wherein at least the cavity that is enclosed along its length includes an insert 30 that locally reinforces the reinforcement structure 1 (see Figures 2-3; Paragraphs 42-44).
Regarding claim 25, Richardson, as modified by Matecki et al, discloses the reinforcement structure according to claim 24, wherein the insert 30 extends along a length of the reinforcement structure 1 (see Figures 2-3; Paragraphs 42-44).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Richardson, as modified by Matecki et al., in view of Pedersen (US Pat 6,343,820).
Regarding claim 15, Richardson, as modified by Matecki et al., discloses the reinforcement structure according to claim 3.
Richardson, as modified by Matecki et al., fails to disclose the one or more ribs is a single rib extending between opposing walls of the inner member to form a pair of cavities.
Pedersen discloses a bumper beam having a cross section with a dividing wall 1d, or "rib", that extends perpendicularly from an inner wall portion 1b, dividing the interior section of the beam into two chambers le, If (see Figure 1; Col. 4, lines 18-35).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to construct the inner member of Evans, as modified by Matecki et al., with a single rib extending between opposing walls of the inner member to form a pair of cavities, with a reasonable expectation of success, as taught by Pedersen, to provide a reinforcing member that is lightweight and doesn't require a significant amount of extra material.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Richardson, as modified by Matecki et al., in view of Khan et al. (US PG Pub 2018/0281711).
Regarding claim 20, Richardson, as modified by Matecki et al., disclose the reinforcement structure according to claim 1.
Richardson, as modified by Matecki et al., fails to disclose that the inner member is a thermoactivated composite material.
Khan et al. disclose a bumper beam 30 made from a fiber-reinforced composite material (scc Paragraphs 23). The fiber-reinforced composite material is made from a thermoplastic resin or thermoset resin coated with an adhesive to keep form while being heated, giving the fiber-reinforced composite material an adhesive component (see Paragraphs 26, 35 and 38). The use of a thermoactivated composite material allows for versatility in the form and strength of the beam, as well as simplicity of formation (see Paragraph 33-35).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to use a thermoactivated composite material as the fiber-reinforced composite material of Evans, as modified by Matecki et al., with a reasonable expectation of success, to provide flexibility in the form and strength of the beam, as taught by Khan et al..
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Richardson, as modified by Matecki et al., in view of Czaplicki et al. (US Pat 7,318,873).
Regarding claim 28, Richardson, as modified by Matecki et al., disclose the reinforcement structure according to claim 24.
Richardson, as modified by Matecki et al., fails to disclose the insert is co- extruded, co-pultruded, or both with the shell, the inner member, or both.
Czaplicki et al. disclose a reinforcement member 10 having an inner member 12, a shell 14, and an insert 22 positioned along an entire length of the reinforcement member (see Figures 3-5; Col. 8, lines 29-66). The insert 22 is formed by co-extrusion with the inner member 12.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to construct the insert of Evans, as modified by Matecki et al., by co-extrusion with the shell or inner member, with a reasonable expectation of success, as taught by Czaplicki et al., to reduce the number of steps and amount of time required for manufacturing.
Allowable Subject Matter
Claims 4, 10, 16-18, 21 are allowed.
Claims 26 and 29 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 4 recites a reinforcement structure comprising: an inner member entirely received within a shell; wherein the shell and the inner member are each extruded or pultruded; wherein the inner member is secured within the shell so that one or more abutment portions of the shell or inner member are positioned in receiving portions of the inner member or shell, respectively; wherein the inner member includes one or more cavities formed by one or more walls of the inner member; wherein the reinforcement structure further includes one or more brackets secured to the shell, the one or more brackets including one or more projections configured to mount the reinforcement structure to one or more additional structures. Richardson discloses a reinforcement structure having a pultruded inner member having one or more cavities received within a pultruded shell and abutment portions received in receiving portions and one or more brackets; however, Richardson fails to disclose that the inner member is entirely received within the shell. Evans (US Pat 6,746,061) discloses a reinforcement structure having an inner member and a shell, and abutment portions and a cavity in the inner member; however, Evans fails to disclose that the abutment portions are positioned in receiving portions of the shell. Russell et al. (US Pat 8,672,371) disclose a reinforcement structure having a shell and an inner member secured within the shell so that abutment portions are received within receiving portions of the shell; however, Russell et al. fail to disclose that the inner member is entirely received within the shell. Goupy (US Pat 3,883,168) discloses a reinforcement structure having an inner member secured entirely within a shell and having abutment portions of the inner member received within receiving portions of the shell; however, Goupy fails to disclose brackets secured to the shell. Wycech (US Pat 5,884,960) discloses a reinforcement structure having an inner member secured within a shell; however, Wycech fails to disclose that the inner member is pultruded and it would not be obvious to modify the reference in such a way. Nishikawa et al. (JP 58211942) disclose a reinforcement structure having an inner member entirely received within a shell; however, Nishikawa et al. fail to disclose a bracket secured to the shell. Matecki et al. (US PG Pub 2016/0159300) discloses a reinforcement structure having a pultruded inner member secured to a shell by abutment portions received in receiving portions; however, Matecki et al. fail to disclose brackets secured to the shell. Maeda et al. (US Pat 10,787,137) disclose a reinforcement structure having an inner member with abutment portions entirely received in a shell; however, Maeda et al. fail to disclose receiving portions in the shell or brackets secured to the shell. Cherry (US PG Pub 2003/0020290) discloses a reinforcement structure having an inner member entirely received within a shell and abutment portions received in receiving portions to secure the inner member within the shell; however, Cherry fails to disclose the receiving portions are on the shell or that the inner member has one or more cavities. The prior art does not properly teach or suggest the recited configuration, making claim 4 allowable.
Claims 10, 16-18 and 21 are allowable because they are dependent on claim 4.
Claim 26 recites a reinforcement structure comprising: an inner member at least partially secured within a shell; wherein the inner member includes one or more cavities formed by one or more walls of the inner member, wherein the one or more cavities extend along an entire length of the inner member and are open at each terminal end of the inner member, and wherein at least one cavity is enclosed along its entire length and open at each terminal end of the inner member; wherein the inner member is secured within the shell so that one or more abutment portions of the shell or inner member are positioned in receiving portions of the inner member or shell, respectively, to create at least a partial press-fit condition between the inner member and the shell; wherein the shell, the inner member, or both are a fiber-reinforced composite material; wherein the shell and/or the inner member are pultruded; and wherein the shell and the inner member are adapted to be secured to one another free of secondary fasteners, welds, adhesive, or combination thereof. The cavity that is enclosed along its length includes an insert that locally reinforces the reinforcement structure and the insert extends along an entire length of the reinforcement structure. Richardson discloses a reinforcement structure having a pultruded inner member having one or more cavities received within a pultruded shell and abutment portions received in receiving portions and an insert in a cavity of the inner member; however, Richardson fails to disclose that the insert extends along an entire length of the reinforcement structure. Evans (US Pat 6,746,061) discloses a reinforcement structure having an inner member and a shell, and abutment portions and a cavity in the inner member; however, Evans fails to disclose that the abutment portions are positioned in receiving portions of the shell. Russell et al. (US Pat 8,672,371) disclose a reinforcement structure having a shell and an inner member secured within the shell so that abutment portions are received within receiving portions of the shell; however, Russell et al. fail to disclose an insert received in the cavity extends along an entire length of the reinforcement member. Goupy (US Pat 3,883,168) discloses a reinforcement structure having an inner member secured entirely within a shell and having abutment portions of the inner member received within receiving portions of the shell; however, Goupy fails to disclose a cavity formed by the inner member that extends along the entire length of the inner member or an insert in that cavity. Wycech (US Pat 5,884,960) discloses a reinforcement structure having an inner member secured within a shell; however, Wycech fails to disclose that abutment portions are received in receiving portions to create a partial press-fit condition. Nishikawa et al. (JP 58211942) disclose a reinforcement structure having an inner member entirely received within a shell; however, Nishikawa et al. fail to disclose a cavity formed by the inner member in which an insert extends. Matecki et al. (US PG Pub 2016/0159300) discloses a reinforcement structure having a pultruded inner member secured to a shell by abutment portions received in receiving portions; however, Matecki et al. fail to disclose a cavity formed by the inner member that is enclosed along an entire length of the inner member. Maeda et al. (US Pat 10,787,137) disclose a reinforcement structure having an inner member with abutment portions entirely received in a shell; however, Maeda et al. fail to disclose receiving portions in the shell or an insert that extends along an entire length of the reinforcement structure. Cherry (US PG Pub 2003/0020290) discloses a reinforcement structure having an inner member entirely received within a shell and abutment portions received in receiving portions to secure the inner member within the shell; however, Cherry fails to disclose the receiving portions are on the shell or that the inner member has one or more cavities. The prior art does not properly teach or suggest the recited configuration, making claim 26 allowable.
Claim 29 recites a reinforcement structure comprising: an inner member at least partially secured within a shell; wherein the inner member includes one or more cavities formed by one or more walls of the inner member, wherein the one or more cavities extend along an entire length of the inner member and are open at each terminal end of the inner member, and wherein at least one cavity is enclosed along its entire length and open at each terminal end of the inner member; wherein the inner member is secured within the shell so that one or more abutment portions of the shell or inner member are positioned in receiving portions of the inner member or shell, respectively, to create at least a partial press-fit condition between the inner member and the shell; wherein the shell, the inner member, or both are a fiber-reinforced composite material; wherein the shell and/or the inner member are pultruded; and wherein the shell and the inner member are adapted to be secured to one another free of secondary fasteners, welds, adhesive, or combination thereof. The reinforcement structure includes an insert positioned between the shell and the inner member prior to securing the inner member to the shell. Richardson discloses a reinforcement structure having a pultruded inner member having one or more cavities received within a pultruded shell and abutment portions received in receiving portions and an insert in a cavity of the inner member; however, Richardson fails to disclose that the insert is positioned between the shell and inner member prior to securing the inner member to the shell. Evans (US Pat 6,746,061) discloses a reinforcement structure having an inner member and a shell, and abutment portions and a cavity in the inner member; however, Evans fails to disclose that the abutment portions are positioned in receiving portions of the shell. Russell et al. (US Pat 8,672,371) disclose a reinforcement structure having a shell and an inner member secured within the shell so that abutment portions are received within receiving portions of the shell; however, Russell et al. fail to disclose an insert received in the cavity that is positioned between the shell and inner member prior to securing the inner member to the shell. Goupy (US Pat 3,883,168) discloses a reinforcement structure having an inner member secured entirely within a shell and having abutment portions of the inner member received within receiving portions of the shell; however, Goupy fails to disclose a cavity formed by the inner member or an insert in that cavity. Wycech (US Pat 5,884,960) discloses a reinforcement structure having an inner member secured within a shell; however, Wycech fails to disclose that abutment portions are received in receiving portions to create a partial press-fit condition. Nishikawa et al. (JP 58211942) disclose a reinforcement structure having an inner member entirely received within a shell; however, Nishikawa et al. fail to disclose a cavity formed by the inner member in which an insert extends. Matecki et al. (US PG Pub 2016/0159300) discloses a reinforcement structure having a pultruded inner member secured to a shell by abutment portions received in receiving portions; however, Matecki et al. fail to disclose a cavity formed by the inner member that is enclosed along an entire length of the inner member. Maeda et al. (US Pat 10,787,137) disclose a reinforcement structure having an inner member with abutment portions entirely received in a shell; however, Maeda et al. fail to disclose receiving portions in the shell or an insert that extends along an entire length of the reinforcement structure. Cherry (US PG Pub 2003/0020290) discloses a reinforcement structure having an inner member entirely received within a shell and abutment portions received in receiving portions to secure the inner member within the shell; however, Cherry fails to disclose the receiving portions are on the shell or that the inner member has one or more cavities. The prior art does not properly teach or suggest the recited configuration, making claim 29 allowable.
Response to Arguments
Applicant’s arguments with respect to claims 1, 3, 5-8, 11, 15, 20, 24-25, and 28 have been considered, but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/VERONICA M CONDO/ Examiner, Art Unit 3612
/AMY R WEISBERG/ Supervisory Patent Examiner, Art Unit 3612
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