DETAILED ACTION
This is in response to communication received on 5/12/26.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The text of those sections of AIA 35 U.S.C. code not present in this action can be found in previous office actions dated 2/12/26 and 11/19/25.
Claim Rejections - 35 USC § 103
The claim rejection(s) under AIA 35 U.S.C. 103 as being obvious over Li et al. US PGPub 2012/0271445 hereinafter LI in view of Bongiovanni et al. US PGPub 2010/0222461 hereinafter BONGIOVANNI and Deteresa et al. US Patent Number 7,018,578 hereinafter DETERESA on claims 1-4 are withdrawn because the independent claim 1 has been amended.
Claim(s) 1-4, 6, and 8 is rejected under 35 U.S.C. 103 as being unpatentable over Li et al. US PGPub 2012/0271445 hereinafter LI in view of Deteresa et al. US Patent Number 7,018,578 hereinafter DETERESA.
As for claim 1, LI teaches "A system and method for determining and controlling for cure status of binder on a fibrous product are disclosed" (abstract, lines 1-2) and "This invention relates in general to a method and apparatus for making hindered insulation products from fibrous minerals like glass and, in particular, to quality control methods for determining the cure status, i.e. whether the binder is undercured, overcured or properly cured within specifications and process control limits, and optimizing the process if it is not within control limits" (paragraph 2), i.e. A process for the production of glass-fiber paper composites.
LI teaches "The curing oven applies heated gas, typically air, and circulates it through the fibrous pack to dry and cure it" (paragraph 50, lines 1-2), i.e. comprising the following steps in sequential order: i. subjecting a non-cured glass-fiber paper composite to a curing process under curing conditions of elevated temperatures and respective dwell time to a cured glass-fiber paper composite.
LI further teaches "FIGS. 4A and 4B illustrate an image capture system 200 for capturing the image mentioned above. Upon exit from the oven 16, the cured blanket 67 is led past this image capture system 200, typically under it... The bracket 204 has two ends. A first end (to the right in FIG. 48) includes a camera arm 210, on which are secured illumination lights 212 and at least one camera 214" (paragraph 75, lines 1-11) and "The illuminating lights 212 may comprise any means of illumination, including but not limited to incandescent, fluorescent and light emitting diodes (LED)" (paragraph 78, lines 1-3), i.e. ii. irradiating the cured glass-fiber paper composite with light and scanning the cured glass-fiber paper composite with a respective detector.
LI teaches "Various image processing software packages are commercially available and it is believed that many would be suitable for use with the invention ... This image is fed to a processor represented by block 134 where the software performs a suitable analysis of the image" (paragraph 80, lines 11-13), "The processor then analyzes each ROI to obtain a value for at least one color system variable, block 140 ... Examining the subtractive difference between these helps assess whether the blanket is curing evenly top to bottom." (paragraph 81, lines 1-7), and "Subsequently, the process controls may be adjusted to improve the cure status, block 146" (paragraph 83, lines 11- 13) i.e. iii. analyzing the outcome of step ii. by an electronic control unit programmed to determine if the cured glass-fiber paper composite has a desired cured stated.
LI shows in FIG 6, from oven 16, box 158, processor 164 and 166 and 168 and then adjusting variables in 156, i.e. iv. if the analysis of step iii. determines that the cured glass-fiber paper composite does not have the desired cured state, adjusting the curing process in an automatic closed-loop control format.
LI teaches “Variables that are dependent on the input variables and can be measured in an on-line or "continuous" fashion are potential "control variables" 158. These are the process variables whose values the operator and the MPC seek to maintain within specified acceptable limits. Important "Control Variables" 158 are further described in Table D, below” (paragraph 89), further lists color values, color value differences, and color value averages as control variables in Table D, and teaches “In general, the algorithms use either linear or non-linear programming; and empirical data or "first principles" theories (such as conservation and balance of energy and/or mass) to make predictions as to the adjustments” (paragraph 86, lines 22-26) i.e. wherein the analysis of step iii. comprises assessing the color of the cured glass-fiber paper composite and determining if the cured glass-fiber paper composite has the desired cured state based on a predetermined correlation between color and the cured state.
LI is silent on compressive strength and a correlation between color and compressive strength.
However, LI does teach “”Product properties" refers to a battery of testable physical properties that insulation batts possess” (paragraph 37, lines 1-2), “Of course, other product properties may also be used in the evaluation of final product” (paragraph 43), and “Variables that are dependent on the input variables and can be measured in an on-line or "continuous" fashion are potential "control variables" 158. These are the process variables whose values the operator and the MPC seek to maintain within specified acceptable limits” (paragraph 89, lines 1-5).
Examiner also notes that LI establishes a correlation between the curing degree and color (paragraph 81, lines 1-7).
DETERESA teaches "Hybrid matrix fiber composites having enhanced compressive performance as well as enhanced stiffness, toughness and durability suitable for compression-critical applications" (abstract, liens 1-3) and "The current invention provides hybrid matrix fiber composites and methods for their fabrication wherein the fiber composites have predetermined properties such as compressive strength, stiffness, and toughness. These properties are due to hybridization and chemical bonding of two matrix materials, each imparting certain improved properties on the resulting composite having all these properties" (column 4, line 63- column 5, line 2).
DETERESA further teaches "The composites are comprised of a component fabricated from a plurality of fibers positionally aligned into ribbons and impregnated with a first matrix material cured or otherwise solidified to an appropriate stiffness and compression strength" (column 5, lines 3-7), i.e. wherein appropriately curing provides the desired compressive strength.
DETERESA further teaches “However, the appropriate curing times and temperatures are dependent on the types of materials used and on the amount of solidification of the first matrix desired from the process. Usually, the first matrix is solidified to a level of at least 80%, preferably, at lest 90%” 9colun 14, lines 39-45). DETERESA further teaches “a primary object of this invention to provide a lightweight, rigid, strong, tough, stiff and durable material able to withstand high compression stresses” (column 2, lines 34-36).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use the color as a control variable for the product parameter of compressive strength in the process of LI such that it includes assessing the color of the cured glass-fiber paper composite and determining if the cured glass-fiber paper composite has the desired compressive strength based on a predetermined correlation between color and compressive strength because DETERESA teaches that improving compressive strength of a glass-fiber paper composite results in an improved product able to withstand high compression stresses.
As for claim 2, LI teaches “The illun1inating lights 212 may comprise any means of illumination, including but not limited to incandescent, fluorescent and light emitting diodes (LED)” (paragraph 78, lines 1-3) and "They may be configured to be constantly on or they can be configures to flash or "strobe" in combination with the camera trigger" (paragraph 78, lines 3-5), i.e. wherein the irradiation is performed by a lighting system.
As for claim 3, LI teaches "The illuminating lights 212 may comprise any means of illumination, including but not limited to incandescent, fluorescent and light emitting diodes (LED)" (paragraph 78, lines 1-3). Examiner notes that all light is composed of at least one wavelength of light, i.e. wherein the irradiation is performed at minimum one wavelength. A reference which is silent about a claimed invention's features is inherently anticipatory if the missing feature is necessarily present in that which is described in the reference. lnherency is not established by probabilities or possibilities. In re Robertson, 49 USPQ2d 1949 (1999).
As for claim 4, LI further teaches "FIGS. 4A and 4B illustrate an image capture system 200 for capturing the image mentioned above. Upon exit from the oven 16, the cured blanket 67 is led past this image capture system 200, typically under it... The bracket 204 has two ends. A first end (to the right in FIG. 48) includes a camera arm 210, on which are secured illumination lights 212 and at least one camera 214" (paragraph 75, lines 1-11 ), i.e. wherein the detector for scanning the composite is selected from the group of... cameras.
As for claim 6, LI teaches “Variables that are dependent on the input variables and can be measured in an on-line or "continuous" fashion are potential "control variables" 158. These are the process variables whose values the operator and the MPC seek to maintain within specified acceptable limits. Important "Control Variables" 158 are further described in Table D, below” (paragraph 89) and further lists oven/zone temp in Table D, i.e. wherein adjusting the curing process in step iv. comprises adjusting a time of the curing process or adjusting a temperature of the curing process.
As for claim 8, LI is silent on the predetermined correlation between color and compressive strength.
However, as established above in the rejection of claim 1, LI and DETERESA combined render the concept of the predetermined correlation between color and compressive strength obvious. Further, LI teaches “In general, the algorithms use either linear or non-linear programming; and empirical data or "first principles" theories (such as conservation and balance of energy and/or mass) to make predictions as to the adjustments” (paragraph 86, lines 22-26), i.e. wherein empirical data is observed data of correlations between control variables and outputs.
It would have been obvious to one of ordinary skill in the art before the effective filing date to use the color as a control variable for the product parameter of compressive strength in the process of LI such that it includes wherein the predetermined correlation between color and compressive strength is one determined in advance for a recipe of chemical ingredients corresponding with the glass-fiber paper composite because DETERESA teaches that improving compressive strength of a glass-fiber paper composite results in an improved product able to withstand high compression stresses and LI teaches that using empirical data for the control of processes.
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Li et al. US PGPub 2012/0271445 hereinafter LI and Deteresa et al. US Patent Number 7,018,578 hereinafter DETERESA as applied to claim 1 above, and further in view of Lewit et al. US PGPub 2014/0262011 hereinafter LEWIT.
As for claim 7, LI and DETERESA are silent on wherein adjusting the curing process in step iv. comprises adjusting a time of the curing process by adjusting a conveyer belt speed.
LEWIT teaches “In accordance with one embodiment of the present invention, the invention comprises a continuous structural composite preform wet out system and method which takes as an input pre-formed structural composite structures with a structural foam core… applies a cure process such as ultraviolet light, heat, curing agent or other cure method” (abstract, lines 1-8).
LEWIT teaches “Composite preforms 050 of any cross section to be wetted and/or cured
may be motivated along longitudinal axis A in the direction depicted by arrow A in FIG. 2 by operation of a conveyor, or a plurality of conveyors. Any number of conveyors may be utilized by the invention. For ease of reference in the figures, the invention is depicted as comprising a first conveyor 106 and a second conveyor 107 but it is to be understood and appreciated that the system of the invention may utilize any number or type of conveyor known in the art for motivation work product in a manufacturing environment” (paragraph 72, lines 3-11).
LEWITT further teaches “Each conveyor may operate at the same speed as selected by the user of the system by directly adjusting the speed of the conveyor motor or motors, or by utilizing the computer program to set the speed of the conveyor motor or motors. A typical conveyor speed,
for instance, is 16 feet/minute. The speed of the conveyor(s) may therefore be adjustable as desired by the user: for instance the user may decide to select a speed that causes the wetted composite preform to traverse curing station 200 over a specific period of time in order to provide appropriate curing of the resin” (paragraph 72, lines 18-28), i.e. wherein adjusting the curing process in step iv. comprises adjusting a time of the curing process by adjusting a conveyer belt speed.
It would have been obvious to one of ordinary skill in the art before the effective filing date to use a conveyer in the process of LI and further use the speed of that conveyer as a control variable in its process because LEWIT teaches that such conveyers were useful for translating composites through curing chambers in continuous process and that by controlling the line speed, a desired curing degree can be achieved.
Response to Arguments
Applicant's arguments filed 5/12/26 have been fully considered but they are not persuasive.
Applicant’s arguments are summarized and addressed below:
(a) Applicant submits that none of the cited references, along or in combination, teach or suggest Applicant's claimed invention because none of the references teach or suggest either, using an electronic control unit programmed to determine if a cured glass-fiber paper composite has a desired compressive strength, or upon determining that a cured glass-fiber paper composite does not have a desired compressive strength, adjusting the curing process in an automatic closed-loop control format. Applicant goes on to point out that the art individually fails to teach this aspect.
Examiner notes that this argument cannot be considered persuasive because it is asserting that the art would need to anticipate the invention in order for it to render the invention obvious which is not a valid argument.
It is true that no single piece of art anticipates an electronic control unit programmed to determine if a cured glass-fiber paper composite has a desired compressive strength, or upon determining that a cured glass-fiber paper composite does not have a desired compressive strength, adjusting the curing process in an automatic closed-loop control format.
However, the rejection was based on a combination of references. As accurately pointed out by Applicant, LI teaches an electronic control unit programmed to determine if a cured glass-fiber paper composite has a desired color as a means to track cure, upon determining that a cured glass-fiber paper composite does not have a desired degree of cure, adjusting the curing process in an automatic closed-loop control format.
LI also teaches that multiple properties are important to the production of its composites (paragraph 37-42) and makes it clear that "Of course, other product properties may also be used in the evaluation of final product" (paragraph 43). LI also notes that "Variables that are dependent on the input variables and can be measured in an on-line or "continuous" fashion are potential "control variables" 158" (paragraph 89, lines 1-3) and that these control variables include the color of the material which are used to track the degree of cure (paragraph 81-83)
DETERESA teaches "The fiber and matrix combination should be selected to 55 provide stiffness, toughness, tensile and compression strength to the composite" (column 8, lines 54-56) and "The better the fibers are aligned, the greater the stiffness and strength of the 60 composite. Preferably 100%, of the fibers are straightened and aligned. They are held in the desired aligned state by the first matrix material, which remains in the solidified state during the incorporation of these ribbons into the second matrix material or other composite structures" (column 8, lines 58-64), i.e. wherein the compressive strength of a composite is desirable property to measure and consider that is dependent on the progress of the cure.
The Applicant's argument is that the allowable subject matter is making compression strength the product property considered in the process of LI, but LI itself notes that it is not limited to the product properties listed and DETERESA provides motivation for compression strength as a desirable product property. Examiner cannot consider Applicant's arguments persuasive as they argue that the art must anticipate a claim to render it obvious, and fail to consider all the teachings of the art.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTEN A DAGENAIS whose telephone number is (571)270-1114. The examiner can normally be reached 8-12 and 1-5.
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/KRISTEN A DAGENAIS/Examiner, Art Unit 1717
/Dah-Wei D. Yuan/Supervisory Patent Examiner, Art Unit 1717
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