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 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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“application member” introduced claim 29. The corresponding structure are a layer.
“patch member” introduced claim 29. The corresponding structure are layers including the following.
“reinforced element” introduced claim 29. The corresponding structure are a layer of fabric or fibers. See for example the list of reinforced elements in claim 36.
“adhesive element” introduced claim 29. The corresponding structure are adhesives such as resins or epoxies (see claim 41).
“smooth surface element” introduced claim 29. The corresponding structure are a layer or liquid, such as a thin plastic film (see claim 42) or a liquid that can be cured (see claim 43).
“containing member” introduced claim 29. The corresponding structure appears to be a cover, surrounding barrier, layer or pouch.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim 53 utilizes the phrase “wherein the compressing of surfaces is formed by mechanical means”. This term is being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses the word means that is coupled with functional language without reciting sufficient structure to perform the recited function and is not preceded by a structural modifier. The corresponding structure is disclosed as being “a snap fit, clip, fastener, crimp, fold, weld, clamp, spring, mechanical bias or any combination thereof”.
Claim Rejections - 35 USC § 112
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 32, 37, 38, and 48-53 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.
Claim 32 recites the limitation "a smooth surface element" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. It is unclear how this element relates to the same phrase of “a smooth surface element” in claim 29.
Claim 37 recites the limitation "the reinforcement element" in line 1. There is insufficient antecedent basis for this limitation in the claim. It is unclear how this element relates to the similar phrase of “a reinforced element” in claim 29, and it appears that “the reinforced element” was intended.
Claim 38 recites the limitation "the reinforcement element" in line 1. There is insufficient antecedent basis for this limitation in the claim. It is unclear how this element relates to the similar phrase of “a reinforced element” in claim 29, and it appears that “the reinforced element” was intended.
Claim 48 recites the limitation "the sealed enclosure" in line 2. There is insufficient antecedent basis for this limitation in the claim. The examiner suggests using the term “a sealed enclosure”
Claims 49-53 are rejected based on dependency from claim 48.
Claim 51 recites the limitation "a containing member" in line 2. There is insufficient antecedent basis for this limitation in the claim. This appears to be the same containing member recited in parent claim 29; additionally, applicant appears to intend antecedent basis to terms in parent claim 29 as evidenced by the usage of the term “the application member” in claim 48 and 51. The examiner suggests using “the containing member”.
Claims 52-53 are rejected based on dependency from claim 51.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 29-30, 32-34 and 36-56 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith (US 5166007 A) in view of Luna (US 20070264458 A1).
As to claim 29, Smith discloses a structural repair patch system for repairing a damaged surface of a product (see column 1, lines 14-16, reciting “A number of devices are known to plug apertures in tanks, pipes, automobiles, water-going vessels and the like”), the system comprising:
an application member (pouch 14);
a patch member (patch 10) comprising:
a reinforced element (prepreg fabric 13) wherein the reinforced element has a reinforced element top surface and a reinforced element bottom surface;
an adhesive element (“a bottom layer 26 of a contact adhesive”), wherein the adhesive element is incorporated into the reinforced element or positioned on the reinforced element bottom surface; and
at least one containing member (“separable layer 14'”), wherein the at least one containing member forms a sealed enclosure containing the patch member. See column 3, lines 13-68, disclosing:
Patch 10 comprises a photocurable resin impregnated (prepreg) fabric 13 having a non-radiation blocking transparent film 12 covering the fabric 13 and an optional radiation blocking layer 11 over the film 12. The patch 10 is placed within a UV blocking container or pouch 14 to prevent curing of the prepreg fabric 13 prior to use. Optionally, the pouch 14 may have a separable layer 14' which peels away at the seams 15 so as to expose the bottom of the patch 10. The top portion of the pouch 14 can be used to cover the patch 10 upon activation of the photocurable resin and suppress any fumes, particularly styrenic fumes, from entering the atmosphere. Preferably, the top portion of the pouch has a removable UV blocking layer.
(4) The patch 10 can be used by partially curing the bottom of the patch so that it becomes tacky and adheres to the surface being repaired. The radiation blocking layer 11, if present, is removed so as to expose the patch 10 to UV radiation for curing. The transparent layer 12 permits handling of the patch 10 so as to tightly press the patch 10 against the surface while curing.
FIG. 2 shows a multi-layered patch 19 containing a plurality of prepreg layers. The patch 19 is provided with a peelable top layer 20 comprising a radiation blocking or opaque sheet material. The radiation blocking sheet 20 may be embossed so as to be readily peelable. The film 21 may form part of a pouch enclosing the patch. Under the sheet 20 is a transparent film 21 which permits the passage of UV radiation. The sheet 20 covers a first prepreg fabric 22 comprising a photocurable resin impregnated fabric 22. Preferably, fabric 22 comprises a woven fabric. A further fabric layer 23 can comprises a photocurable prepreg fabric layer or a heat activated prepreg fabric layer. There is generally enough heat transmitted upon activation of the photocurable layer 22 to permit initiation of the cure of an adjacent prepreg layer.
The patch 19 can comprise one or more other photocurable prepreg fabric layers 24. The photocurable resin employed in the layers 24 can be similarly cured as fabric layer 22 depending upon the use of the patch and the time required before final cure is effected. The different prepreg layers can contain resins which are curable at different rates. The different prepreg layers can be used to provide different functions, such as, adhesion, stiffness, high impact, etc.
The bottom layer 25 need not be a prepreg layer. It can be used to form a base for the a patch to adhere. Layer 25 can contain a bottom layer 26 of a contact adhesive to effect initial bonding to the surface. However, if layer 25 is a prepreg layer, then the bottom layer 26 can either be an adhesive layer or a release film. The bottom layer 26 is preferably a pressure adhesive layer when the patch is used under water or under pressure to obtain rapid adhesion.
See also Figures 1 and 2, below:
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Smith does not disclose a smooth surface element, wherein the smooth surface element is located on the reinforced element top surface, and is conformable to the surface and texture of an undamaged surface of the product.
However, Luna discloses and makes obvious a smooth surface element, wherein the smooth surface element is located on the reinforced element top surface, and is conformable to the surface and texture of an undamaged surface of the product in the context of patches. See especially paragraph 0021-22, disclosing:
[0021] The patch herein could repair a damage on a wet or dry board in a short period of time. A short period of time means a setting time of approximately five minutes or less on a wet board. The patch will set almost immediately on a dry board. These patches are designed to last permanently and are not temporary fixes. It stays attached to the board until purposely removed. As used herein, repair patches are the patches used for repairing damages on a board while maintenance patches are those pre-installed to a new board to prevent future damages. Both of these patches, although identified differently by function, are the same in construction. The patch 1 in its simplest form includes a top layer 2, a pressure sensitive adhesive 3 applied on one side of the top layer 2, and a release film or liner 4 attached in a releasable manner to the adhesive layer 3. FIG. 1 shows the layering of these components. The top layer 2 is made of a solid homogeneous material having a top central flat portion 5, a flat bottom surface and finger like extensions 6. The central flat portion of the top layer can have different geometric shape. The flat bottom surface of the top layer is where the adhesive is applied to. The adhesive should cover the entire bottom surface to allow good intimate surface to surface contact and to prevent bumps that can form if portions of the patch are without adhesives when the patch is applied to the board. FIGS. 2A-2D show the front view of some of the proposed repair patches. These finger like extensions provide the grip and bonding for the repair patch and are recommended to come in pairs for balance to achieve optimum bonding with the board. Balance means that the extensions come in pairs and are in locations directly opposite each other. Here, they are on opposite sides of the central flat portion. The minimum is one pair as shown in FIG. 2E but there can be more than one pair. The maximum number of finger like extensions 6 in a patch highly depend upon the strength of bonding desired and the number of extensions that can be accommodated by the dimensions of the central portion 5. FIG. 3 show examples of how and where a board is usually damaged and FIG. 3A show how the patch is applied to the damages shown in FIG. 3. The finger like extensions can be shaped differently from that shown in FIGS. 2A-2D so long as the protrusions have rounded edges, that is no corners, tips or sharp turned edges. As stated above, these extensions are collectively referred to herein as finger like extensions. The top layer 2 can come in different colors and design. Drawings and letters can be imprinted on the side of the top layer opposite the adhesive. Although not specifically intended for, a person may also use these patches for decorative and advertising purposes.
[0022] To withstand damage and have the least amount of drag, for example, by water on a surfboard or a wakeboard, the characteristics and thickness of the patch is recommended to be at a certain range. Drag is caused by an abrupt change in surface elevation such as a bump on the surface of the board. The central portion 5, bordered herein in broken lines to show the coverage, is flat. The top outside surface is smooth without indentations. The thickness of the central flat portion for a given patch can vary depending upon the severity and type of damage on the board. The thickness can range from 8-80 mil depending upon the size of the patch, with the larger patch having a thicker central top portion. A millimeter is equivalent to 39.37 mils. This is sufficient to provide the strength but at the same time insufficient to cause a bump on the surface of the board after attachment. Because the entire patch is stretchable, this allows the patch to have good intimate contact with the board such that any severe dent will be covered by the patch. It does not matter whether there is a small void formed between the dent and the patch because the stretching and superior bonding of the finger like extensions to the board will keep the void or damage covered by the patch, inaccessible to the outside elements while maintaining the flatness of the patch to avoid drag. The patch can have, immediately surrounding the flat central portion 5 and not extending to the finger like extensions, an intermediary edge 7 which ranges in thickness from the thickness of the central flat portion 5 to the minimum thickness achievable by the mold where the material for the top layer is injection molded. These intermediary edges 7 prevent having sharp corners between the finger like extensions. The finger like extensions 6 protruding from the central portion 5 also have a tapering thickness. The area 8 proximate to the central portion 5 is at the same thickness as the central portion but this tapers gradually in such a manner that the edges 9 around the tips 10 of the finger like extensions are at the minimum thickness physically achievable by the mold, as the intermediary edge 7. This is usually approximately 1 mil in thickness. An intermediary edge of at least one tenth ( 1/10) of the length of the central flat portion from which it extends from, shown in FIG. 5 as 7a, is sufficient. FIG. 4 shows a side view of the patch after application on a board 100. Once the patch is stretched and applied over the damaged portion, the thickness of the resulting edges can be even less than the minimum thickness achievable by the mold. The increase in thickness caused by the patch on the board will be minimal as felt by running a finger across the patched area. This is important to avoid or minimize any dragging effect caused by the patch and to prevent the patch from scratching the skin due to continued contact. The tapering of the thickness from the central flat portion to the edges decreases any drag that can be caused by an abrupt change in surface elevation due to the thickness of a patch. Maintaining a smooth surface is important to maintain the performance of the damaged board.
See also Figure 1, below:
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized a smooth surface element, wherein the smooth surface element is located on the reinforced element top surface, and is conformable to the surface and texture of an undamaged surface of the product as suggested by Luna because maintaining a smooth surface is important to maintain the performance of the damaged board and avoid or minimize any dragging effect.
As to claim 30, Smith discloses wherein the application member comprises a surface that extends beyond the perimeter of the patch member, whereby the application member retains elements of the patch member within the repair area of the damaged product surface. See especially Figure 1 and column 3, lines 16-26, disclosing:
The patch 10 is placed within a UV blocking container or pouch 14 to prevent curing of the prepreg fabric 13 prior to use. Optionally, the pouch 14 may have a separable layer 14' which peels away at the seams 15 so as to expose the bottom of the patch 10. The top portion of the pouch 14 can be used to cover the patch 10 upon activation of the photocurable resin and suppress any fumes, particularly styrenic fumes, from entering the atmosphere.
As to claim 32, Smith discloses that the adhesive element is cured. See column 3.
Smith does not disclose wherein the application member comprises a smooth surface element and remains an element on the patch member once the adhesive element is cured.
However, Luna discloses and makes obvious wherein the application member comprises a smooth surface element and remains an element on the patch member. See paragraph 0021, disclosing:
[0021] The patch herein could repair a damage on a wet or dry board in a short period of time. A short period of time means a setting time of approximately five minutes or less on a wet board. The patch will set almost immediately on a dry board. These patches are designed to last permanently and are not temporary fixes. It stays attached to the board until purposely removed. As used herein, repair patches are the patches used for repairing damages on a board while maintenance patches are those pre-installed to a new board to prevent future damages. Both of these patches, although identified differently by function, are the same in construction. The patch 1 in its simplest form includes a top layer 2, a pressure sensitive adhesive 3 applied on one side of the top layer 2, and a release film or liner 4 attached in a releasable manner to the adhesive layer 3. FIG. 1 shows the layering of these components. The top layer 2 is made of a solid homogeneous material having a top central flat portion 5, a flat bottom surface and finger like extensions 6. The central flat portion of the top layer can have different geometric shape. The flat bottom surface of the top layer is where the adhesive is applied to. The adhesive should cover the entire bottom surface to allow good intimate surface to surface contact and to prevent bumps that can form if portions of the patch are without adhesives when the patch is applied to the board. FIGS. 2A-2D show the front view of some of the proposed repair patches. These finger like extensions provide the grip and bonding for the repair patch and are recommended to come in pairs for balance to achieve optimum bonding with the board. Balance means that the extensions come in pairs and are in locations directly opposite each other. Here, they are on opposite sides of the central flat portion. The minimum is one pair as shown in FIG. 2E but there can be more than one pair. The maximum number of finger like extensions 6 in a patch highly depend upon the strength of bonding desired and the number of extensions that can be accommodated by the dimensions of the central portion 5. FIG. 3 show examples of how and where a board is usually damaged and FIG. 3A show how the patch is applied to the damages shown in FIG. 3. The finger like extensions can be shaped differently from that shown in FIGS. 2A-2D so long as the protrusions have rounded edges, that is no corners, tips or sharp turned edges. As stated above, these extensions are collectively referred to herein as finger like extensions. The top layer 2 can come in different colors and design. Drawings and letters can be imprinted on the side of the top layer opposite the adhesive. Although not specifically intended for, a person may also use these patches for decorative and advertising purposes.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized wherein the application member comprises a smooth surface element and remains an element on the patch member once the adhesive element is cured as suggested by Luna and Smith so that a person may also use these patches for decorative and advertising purposes.
As to claim 33, Smith discloses wherein the application member is flexible to enable the patch member to be conformed to the shape of the damaged product surface. See claim 1 of Smith, reciting “at least one photocurable tacky and flexible prepreg non-woven fabric; or at least one photocurable tacky and flexible prepreg woven fabric”
As to claim 34, Smith does not disclose wherein the application member has an adhesive property whereby the repair patch can be positioned and held in place on the product surface.
However, Luna discloses and makes obvious wherein the application member has an adhesive property whereby the repair patch can be positioned and held in place on the product surface. See especially paragraph 0021-22, disclosing:
[0021] The patch herein could repair a damage on a wet or dry board in a short period of time. A short period of time means a setting time of approximately five minutes or less on a wet board. The patch will set almost immediately on a dry board. These patches are designed to last permanently and are not temporary fixes. It stays attached to the board until purposely removed. As used herein, repair patches are the patches used for repairing damages on a board while maintenance patches are those pre-installed to a new board to prevent future damages. Both of these patches, although identified differently by function, are the same in construction. The patch 1 in its simplest form includes a top layer 2, a pressure sensitive adhesive 3 applied on one side of the top layer 2, and a release film or liner 4 attached in a releasable manner to the adhesive layer 3. FIG. 1 shows the layering of these components. The top layer 2 is made of a solid homogeneous material having a top central flat portion 5, a flat bottom surface and finger like extensions 6. The central flat portion of the top layer can have different geometric shape. The flat bottom surface of the top layer is where the adhesive is applied to. The adhesive should cover the entire bottom surface to allow good intimate surface to surface contact and to prevent bumps that can form if portions of the patch are without adhesives when the patch is applied to the board. FIGS. 2A-2D show the front view of some of the proposed repair patches. These finger like extensions provide the grip and bonding for the repair patch and are recommended to come in pairs for balance to achieve optimum bonding with the board. Balance means that the extensions come in pairs and are in locations directly opposite each other. Here, they are on opposite sides of the central flat portion. The minimum is one pair as shown in FIG. 2E but there can be more than one pair. The maximum number of finger like extensions 6 in a patch highly depend upon the strength of bonding desired and the number of extensions that can be accommodated by the dimensions of the central portion 5. FIG. 3 show examples of how and where a board is usually damaged and FIG. 3A show how the patch is applied to the damages shown in FIG. 3. The finger like extensions can be shaped differently from that shown in FIGS. 2A-2D so long as the protrusions have rounded edges, that is no corners, tips or sharp turned edges. As stated above, these extensions are collectively referred to herein as finger like extensions. The top layer 2 can come in different colors and design. Drawings and letters can be imprinted on the side of the top layer opposite the adhesive. Although not specifically intended for, a person may also use these patches for decorative and advertising purposes.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized wherein the application member has an adhesive property whereby the repair patch can be positioned and held in place on the product surface as suggested by Luna because maintaining a smooth surface is important to maintain the performance of the damaged board and avoid or minimize any dragging effect.
As to claim 36, Smith discloses wherein the reinforced element of the patch member comprises: fibres, glass fibres, Kevlar, carbon, plastic fibres, hemp, cotton, flax, nylon, polyester or wood veneer. See column 1, lines 53-65, disclosing:
It is to be understood that the term "fabric" as used herein is intended to include a knitted cloth, for example, plain jersey knit, interlock, ribbed, cross float jersey knit or weft knit, and the like, or woven into a fabric, for example of plain weave, satin weave, twill weave, basket weave, and the like. The woven fabric may combine the various fibers of the present invention, the fabric may also be in the form of a non-woven material such as a mat, fluff or batting of fibers such as described above. The fabric may include a wool-like fluffy material produced from high modulus fibers. The substrate in the form of a batting or wool-like fluff may be prepared by conventional needle-punching means.
See also column 2, lines 30-33, disclosing:
The patch system utilizes a fiberglass fabric or mat which is impregnated with a photocurable unsaturated polyester, acrylic or vinyl ester resin.
See also column 5, lines 49-56, disclosing:
The fabrics of the invention are comprised of fibers which can at least partially transmit UV light so as to initiate curing of the resin. The fabrics can in whole or in part comprise high modulus fibers and/or glass fibers. Although, in some cases where there is utilized an adhering fabric layer adjacent a damaged surface it is composed cf a high modulus fiber such as aromatic polytetrafluoethylene, and the like.
As to claim 37, Smith discloses that the reinforcement element comprises woven fibres or a non-directional random distribution of fibres. See column 1, lines 53-65, disclosing:
It is to be understood that the term "fabric" as used herein is intended to include a knitted cloth, for example, plain jersey knit, interlock, ribbed, cross float jersey knit or weft knit, and the like, or woven into a fabric, for example of plain weave, satin weave, twill weave, basket weave, and the like. The woven fabric may combine the various fibers of the present invention, the fabric may also be in the form of a non-woven material such as a mat, fluff or batting of fibers such as described above. The fabric may include a wool-like fluffy material produced from high modulus fibers. The substrate in the form of a batting or wool-like fluff may be prepared by conventional needle-punching means.
See also column 2, lines 30-33, disclosing:
The patch system utilizes a fiberglass fabric or mat which is impregnated with a photocurable unsaturated polyester, acrylic or vinyl ester resin.
See also column 5, lines 49-56, disclosing:
The fabrics of the invention are comprised of fibers which can at least partially transmit UV light so as to initiate curing of the resin. The fabrics can in whole or in part comprise high modulus fibers and/or glass fibers. Although, in some cases where there is utilized an adhering fabric layer adjacent a damaged surface it is composed cf a high modulus fiber such as aromatic polytetrafluoethylene, and the like.
As to claim 38, Smith discloses wherein the reinforcement element comprises Polyester or Epoxy resin in a cured or uncured state (“photocurable unsaturated polyester, acrylic or vinyl ester resin.”). See column 1, lines 53-65, disclosing:
It is to be understood that the term "fabric" as used herein is intended to include a knitted cloth, for example, plain jersey knit, interlock, ribbed, cross float jersey knit or weft knit, and the like, or woven into a fabric, for example of plain weave, satin weave, twill weave, basket weave, and the like. The woven fabric may combine the various fibers of the present invention, the fabric may also be in the form of a non-woven material such as a mat, fluff or batting of fibers such as described above. The fabric may include a wool-like fluffy material produced from high modulus fibers. The substrate in the form of a batting or wool-like fluff may be prepared by conventional needle-punching means.
See also column 2, lines 30-33, disclosing:
The patch system utilizes a fiberglass fabric or mat which is impregnated with a photocurable unsaturated polyester, acrylic or vinyl ester resin.
See also column 5, lines 49-56, disclosing:
The fabrics of the invention are comprised of fibers which can at least partially transmit UV light so as to initiate curing of the resin. The fabrics can in whole or in part comprise high modulus fibers and/or glass fibers. Although, in some cases where there is utilized an adhering fabric layer adjacent a damaged surface it is composed cf a high modulus fiber such as aromatic polytetrafluoethylene, and the like.
As to claim 39, Smith discloses wherein the adhesive element can be cured by exposure to UV light (“curing the patch 19 with a source 33 of UV light.”)
As to claim 40, Smith discloses wherein the adhesive element can be cured from a liquid state (see column 3, cited above, disclosing “The patch 10 can be used by partially curing the bottom of the patch so that it becomes tacky and adheres to the surface being repaired.”).
As to claim 41, Smith discloses wherein the adhesive element comprises Polyester or Epoxy resin. See also column 2, lines 30-33, disclosing:
The patch system utilizes a fiberglass fabric or mat which is impregnated with a photocurable unsaturated polyester, acrylic or vinyl ester resin.
As to claim 42, Smith does not disclose wherein the smooth surface element comprises a thin plastic film.
However, Luna discloses wherein the smooth surface element comprises a thin plastic film. See paragraphs 0025, disclosing:
[0025] The top layer 2 should be made of a strong flexible, homogeneous, durable, puncture resistant, stretchable and water impervious material to provide a permanent patch to cover dents and damages as well as avoid the formation of folds during the adhesion of the patch into the board and prevent entry of water into the interior. Plastic, latex, rubber and synthetic rubber are examples of materials that can be used. Flexible, stretchable and waterproof plastic materials are usually formulated or derived from polyvinyl chloride, polyethylene, polypropylene, polystyrene and, polyurethane. A homogeneous material derived from the above can produce an injection molded homogeneous top layer. Use of plastic material gives better control on the return rates or spring back characteristic (also referred to as memory) compared to the use of rubber, latex and synthetic rubber. It is also important to use a plastic material that does not curl once the release liner is removed to be able to easily adhere the patch at the desired predetermined position.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized wherein the smooth surface element comprises a thin plastic film as suggested by Luna so as use a strong flexible, homogeneous, durable, puncture resistant, stretchable and water impervious material to provide a permanent patch to cover dents and damages as well as avoid the formation of folds during the adhesion of the patch into the board and prevent entry of water into the interior and to use a plastic material that does not curl once the release liner is removed to be able to easily adhere the patch at the desired predetermined position.
As to claim 43, Smith does not disclose wherein the smooth surface element comprises a liquid that conforms to the shape and texture of a surface of the application member that can be cured to a solid state forming the smooth surface element of the patch member.
However, Smith does disclose the use of curable UV resins, Luna discloses a smooth surface element and rearrangement of parts is often obvious. MPEP 2144.04.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized wherein the smooth surface element comprises a liquid that conforms to the shape and texture of a surface of the application member that can be cured to a solid state forming the smooth surface element of the patch member as suggested by the adhesive and resins of Smith and smooth surface element of Luna as rearrangement of parts is often obvious. MPEP 2144.04.
As to claim 44, Smith does not disclose wherein the smooth surface element comprises a liquid that also forms the adhesive element of the patch member.
However, Smith does disclose the use of curable UV resins, Luna discloses a smooth surface element, and rearrangement of parts is often obvious. MPEP 2144.04.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized wherein the smooth surface element comprises a liquid that also forms the adhesive element of the patch member as suggested by the adhesive and resins of Smith and smooth surface element of Luna as rearrangement of parts is often obvious. MPEP 2144.04.
As to claim 45, Smith discloses wherein the sealed enclosure prevents UV light from reaching the patch member (“the UV blocking film comprises a UV blocking pouch or container in which the patch is kept until it is ready for us”). See generally column 3.
As to claim 46, Smith discloses wherein the sealed enclosure prevents liquids or gases from entering and exiting the sealed enclosure. See generally column 3, including where it recites “The top portion of the pouch 14 can be used to cover the patch 10 upon activation of the photocurable resin and suppress any fumes, particularly styrenic fumes, from entering the atmosphere.”
As to claim 47, Smith and Luna as combined discloses a process of applying the structural repair patch system of claim 29, the process comprising: curing the adhesive element to form a mechanical bond between the reinforced element (“The radiation blocking layer 11, if present, is removed so as to expose the patch 10 to UV radiation for curing.”) and the damaged product surface.
Smith does not disclose bonding the smooth surface element (or the smooth surface element of claim 29, such as wherein the smooth surface element is located on the reinforced element top surface, and is conformable to the surface and texture of an undamaged surface of the product).
However, Luna discloses and makes obvious a smooth surface element, in the context of patches. See especially paragraph 0021-22, disclosing:
[0021] The patch herein could repair a damage on a wet or dry board in a short period of time. A short period of time means a setting time of approximately five minutes or less on a wet board. The patch will set almost immediately on a dry board. These patches are designed to last permanently and are not temporary fixes. It stays attached to the board until purposely removed. As used herein, repair patches are the patches used for repairing damages on a board while maintenance patches are those pre-installed to a new board to prevent future damages. Both of these patches, although identified differently by function, are the same in construction. The patch 1 in its simplest form includes a top layer 2, a pressure sensitive adhesive 3 applied on one side of the top layer 2, and a release film or liner 4 attached in a releasable manner to the adhesive layer 3. FIG. 1 shows the layering of these components. The top layer 2 is made of a solid homogeneous material having a top central flat portion 5, a flat bottom surface and finger like extensions 6. The central flat portion of the top layer can have different geometric shape. The flat bottom surface of the top layer is where the adhesive is applied to. The adhesive should cover the entire bottom surface to allow good intimate surface to surface contact and to prevent bumps that can form if portions of the patch are without adhesives when the patch is applied to the board. FIGS. 2A-2D show the front view of some of the proposed repair patches. These finger like extensions provide the grip and bonding for the repair patch and are recommended to come in pairs for balance to achieve optimum bonding with the board. Balance means that the extensions come in pairs and are in locations directly opposite each other. Here, they are on opposite sides of the central flat portion. The minimum is one pair as shown in FIG. 2E but there can be more than one pair. The maximum number of finger like extensions 6 in a patch highly depend upon the strength of bonding desired and the number of extensions that can be accommodated by the dimensions of the central portion 5. FIG. 3 show examples of how and where a board is usually damaged and FIG. 3A show how the patch is applied to the damages shown in FIG. 3. The finger like extensions can be shaped differently from that shown in FIGS. 2A-2D so long as the protrusions have rounded edges, that is no corners, tips or sharp turned edges. As stated above, these extensions are collectively referred to herein as finger like extensions. The top layer 2 can come in different colors and design. Drawings and letters can be imprinted on the side of the top layer opposite the adhesive. Although not specifically intended for, a person may also use these patches for decorative and advertising purposes.
[0022] To withstand damage and have the least amount of drag, for example, by water on a surfboard or a wakeboard, the characteristics and thickness of the patch is recommended to be at a certain range. Drag is caused by an abrupt change in surface elevation such as a bump on the surface of the board. The central portion 5, bordered herein in broken lines to show the coverage, is flat. The top outside surface is smooth without indentations. The thickness of the central flat portion for a given patch can vary depending upon the severity and type of damage on the board. The thickness can range from 8-80 mil depending upon the size of the patch, with the larger patch having a thicker central top portion. A millimeter is equivalent to 39.37 mils. This is sufficient to provide the strength but at the same time insufficient to cause a bump on the surface of the board after attachment. Because the entire patch is stretchable, this allows the patch to have good intimate contact with the board such that any severe dent will be covered by the patch. It does not matter whether there is a small void formed between the dent and the patch because the stretching and superior bonding of the finger like extensions to the board will keep the void or damage covered by the patch, inaccessible to the outside elements while maintaining the flatness of the patch to avoid drag. The patch can have, immediately surrounding the flat central portion 5 and not extending to the finger like extensions, an intermediary edge 7 which ranges in thickness from the thickness of the central flat portion 5 to the minimum thickness achievable by the mold where the material for the top layer is injection molded. These intermediary edges 7 prevent having sharp corners between the finger like extensions. The finger like extensions 6 protruding from the central portion 5 also have a tapering thickness. The area 8 proximate to the central portion 5 is at the same thickness as the central portion but this tapers gradually in such a manner that the edges 9 around the tips 10 of the finger like extensions are at the minimum thickness physically achievable by the mold, as the intermediary edge 7. This is usually approximately 1 mil in thickness. An intermediary edge of at least one tenth ( 1/10) of the length of the central flat portion from which it extends from, shown in FIG. 5 as 7a, is sufficient. FIG. 4 shows a side view of the patch after application on a board 100. Once the patch is stretched and applied over the damaged portion, the thickness of the resulting edges can be even less than the minimum thickness achievable by the mold. The increase in thickness caused by the patch on the board will be minimal as felt by running a finger across the patched area. This is important to avoid or minimize any dragging effect caused by the patch and to prevent the patch from scratching the skin due to continued contact. The tapering of the thickness from the central flat portion to the edges decreases any drag that can be caused by an abrupt change in surface elevation due to the thickness of a patch. Maintaining a smooth surface is important to maintain the performance of the damaged board.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized a smooth surface element as in claim 29, wherein the smooth surface element is located on the reinforced element top surface, and is conformable to the surface and texture of an undamaged surface of the product, as suggested by Luna because maintaining a smooth surface is important to maintain the performance of the damaged board and avoid or minimize any dragging effect.
As to claim 48, Smith and Luna as applied to claim 29 above make obvious a process of forming the structural repair patch system of claim 29. Smith discloses using a sealed enclosure. See Figure 1.
Additionally, Smith disclose the process comprising: forming the sealed enclosure by joining a removable attachment (such as a removable UV blocking layer, see column 3) to the application member with a fastening surface.
See column 3, disclosing:
Patch 10 comprises a photocurable resin impregnated (prepreg) fabric 13 having a non-radiation blocking transparent film 12 covering the fabric 13 and an optional radiation blocking layer 11 over the film 12. The patch 10 is placed within a UV blocking container or pouch 14 to prevent curing of the prepreg fabric 13 prior to use. Optionally, the pouch 14 may have a separable layer 14' which peels away at the seams 15 so as to expose the bottom of the patch 10. The top portion of the pouch 14 can be used to cover the patch 10 upon activation of the photocurable resin and suppress any fumes, particularly styrenic fumes, from entering the atmosphere. Preferably, the top portion of the pouch has a removable UV blocking layer.
Smith does not disclose bonding the smooth surface element of claim 29, such as wherein the smooth surface element is located on the reinforced element top surface, and is conformable to the surface and texture of an undamaged surface of the product.
However, Luna discloses and makes obvious a smooth surface element, in the context of patches. See especially paragraph 0021-22, disclosing:
[0021] The patch herein could repair a damage on a wet or dry board in a short period of time. A short period of time means a setting time of approximately five minutes or less on a wet board. The patch will set almost immediately on a dry board. These patches are designed to last permanently and are not temporary fixes. It stays attached to the board until purposely removed. As used herein, repair patches are the patches used for repairing damages on a board while maintenance patches are those pre-installed to a new board to prevent f