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 .
Election/Restrictions
Claims 7-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on May 19, 2025.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
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.
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) 1, 22 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schlaeger et al. (US 2024/0269908) in view of Proske et al. (US 2009/0301682), Taylor (US 4,297,307), Ko et al. (US 2006,0214320) and CN 2143315.
Schlaeger et al. (US 2024/0269908) discloses a heat treatment tooling fixture arrangement (fig.
8; [0011-[0290]), comprising:
a heat treatment tooling fixture (mold) 15 configured to mold a molding material;
a first temperature control channel 18 disposed in the heat treatment tooling fixture 15 and
configured to receive a first fluid ([0163], water or other media) for regulating a first temperature of the
molding material;
a second temperature control channel 18 (in a second temperature circuit 17; note fig. 8 shows three temperature control circuits 17, but only one circuit 18 labels the elements of the circuit 17 and is understood that similar unlabeled elements in the other circuits 17 are the same elements) disposed in the heat treatment tooling fixture 15 and configured to receive a second fluid [0163] for regulating a second temperature of the heat treatment tooling fixture 15;
a first temperature sensor 13 (on the temperature control line 16 as shown in fig. 8) configured
to measure an inlet temperature of the first fluid entering the first temperature control channel 18;
a second temperature sensor 13 (on a first temperature control circuit 17 as shown in fig. 8) configured to measure an exit temperature of the first fluid exiting the first temperature control channel
18;
a third temperature sensor 13 (on the second temperature control circuit 17) configured to measure an exit temperature of the second fluid exiting the second temperature control channel; and
a controller 10, 12 configured to receive: (i) a first signal (see dashed lines in fig. 8) from the first
temperature sensor 13 (in the line 16), (ii) a second signal (see dashed lines in fig. 8) from the second temperature sensor 13 (in the first circuit 17) and (iii) a third signal (see dashed lines in fig. 8) from the third temperature sensor 13 (in the second circuit 17), wherein the first signal corresponds to the inlet temperature of the first fluid entering the first temperature control channel 18, the second signal corresponds to the exit temperature of the fluid exiting the first temperature control channel 18 (of the first circuit 17) (fig. 8), and the third signal corresponds to the exit temperature of the second fluid exiting the second temperature control channel 18 (of the second circuit 17);
wherein the controller is configured to :
monitor the first signal (from feed line or from sensor 13 in line 16) and the second signal (from return line or from sensor in the first circuit 17) for regulating at least one of a flow rate of the first fluid and a temperature of the first fluid (fig. 8; [0037], [0159] [0247]-[0248], [0268]-[0270]);
calculate a difference between the second signal and the third signal; and based upon the difference, regulate the at least one of the flow rate of the first fluid or the temperature of the first fluid ([0018], [0036], [0037], [0066], [0074], [0134], [0159], [0240]-[0252], [0269], [0273]-[0290]; temperature differences can be measured in the individual temperature control circuits 17 (i.e., difference between the second signal and the third signal), which temperature differences can be controlled or regulated by the control element 7 (valve regulating flow rate) [0247]-[0248]; based on a temperature difference using two temperature sensors 13 (i.e., the second signal from the sensor 13 of the first circuit 17, and the third signal from the sensor 13 of the second circuit 17), the degree of opening of the control element 7 (valve) can be changed to regulate the flow rate in order to reach and/or to stabilize a desired target value for a temperature difference [0037], [0268]-[0270]).
However, Schlaeger et al. (US 2024/0269908) does not disclose the first fluid comprises a first inert gas, the second fluid comprises a second inert gas, the heat treatment tooling fixture for controlling exotherms in a fibrous preform during carbonization or being configured to receive a fibrous preform including oxidized polyacrylonitrile fibers, or regulate, based on the difference, the at least one of the flow rate of the first fluid or the temperature of the first fluid to influence a uniform temperature and associated exothermic reactions in the fibrous preform.
Proske et al. (US 2009/0301682) discloses temperature control passageways (channels) 36
through which a temperature control medium can pass, wherein the medium can be water or an inert
gas ([0031], water, gas, may be completely insert, nitrogen).
It would have been obvious to one of ordinary skill in the art, at the time the invention was
made, to modify the first fluid (temperature control medium) to be a first insert gas and the second fluid (temperature control medium) to be a second insert gas, as disclosed by Proske et al. (US 2009/0301682), because such a modification is known in the temperature control art and would provide an alternative configuration for the temperature control medium known to be operable in the
art.
Taylor (US 4,297,307) discloses a heat treat tooling fixture arrangement for producing a carbon fiber composite (abstract) and for controlling a temperature in a fibrous preform during carbonization, comprising a heat treatment tooling fixture (a heated mold) configured to receive a fibrous preform including fibers, wherein a mold temperature is controlled to sufficiently high temperature to enable carbonization, wherein it is possible to combine the carbonization of the fibers of fibrous preform and a binder (col. 4, lines 16-46).
Ko et al. (US 2006/0214320) discloses production of a carbon fiber composite including carbonization of a fibrous preform including oxidized PAN (polyacrylonitrile fibers) [0021]-[0023].
CN 2143315 (see English translation) discloses production of carbonized fibers [0001], wherein oxidized polyacrylonitrile (PAN) fiber or carbonized fiber are formed by passing PAN fiber through a furnace (i.e., heating the PAN fiber), wherein the oxidation reaction is exothermic, wherein a large amount of oxidative heat generated during oxidation is prevented from causing combustion of the precursor fibers and failure of pre-oxidation by leading generated heat away (i.e., temperature control) [0002]).
It would have been obvious to one of ordinary skill in the art, at the time the invention was
made, to further modify the heat treatment tooling fixture arrangement (mold) to be for producing a carbon fiber composite via carbonization of fibers because it is known in the mold art that molds can be used for producing a carbon fiber composite via carbonization of fibers in a heated mold as disclosed by Taylor (US 4,297,307); and to further modify the fibers to be oxidized PAN (polyacrylonitrile fibers), as disclosed by Ko et al. (US 2006/0214320), because such a modification is known in the art and would provide an alternative configuration for the fibers known to be operable in the art.
As mentioned above by CN 2143315, oxidizing PAN fibers is exothermic causing a large amount of undesired heat. In view of such teachings, if PAN fibers are carbonized in the heated mold, as mentioned in the combination above, it would be further obvious that additional heat would raise the temperature of the heated mold and that the additional heat should be temperature controlled to prevent causing combustion of the precursor fibers and failure of pre-oxidation as disclosed by CN 2143315.
As mentioned above, Schlaeger et al. (US 2024/0269908) discloses the arrangement wherein the controller is configured to monitor the first signal and the second signal for regulating at least one of a flow rate of the first fluid and a temperature of the first fluid [0248]; and calculate a difference between the second signal and the third signal; and based upon the difference, regulate the at least one of the flow rate of the first fluid (via control element 7) or the temperature of the first fluid in order to reach and/or to stabilize a desired target value for a temperature difference.
In view of the teachings of CN 2143315, it would have been further obvious to make a desired target value to be temperatures which would prevent causing combustion of the precursor fibers and failure of pre-oxidation. Thus, for example, when the mold temperature begins to rise to a temperature that would cause combustion of the precursor fibers and failure of pre-oxidation (i.e., raises outside of the desired target value), the degree of opening of the control element 7 can be altered in order to reach and/or to stabilize a desired target value (as taught by Schlaeger et al. (US 2024/0269908)), which would influence a uniform temperature (i.e., the temperature control would eliminate heat spikes from the exothermic reactions to maintain a uniform temperature defined by the desired target value).
If the preform made of a plurality of fibers is relatively large, when exothermic reactions occur due to carbonization of the fibers, it would be further obvious that the raised temperatures of different sections of the preform (and thus different sections of the mold corresponding to the different sections of the preform) would either be the same or would be different. As shown in fig. 8, the second and third signals from the temperature sensors 13 of the first circuit 17 and the second circuit 17, respectively, indicate the temperatures of different sections of the mold 15. If the temperature of the different mold sections are different, as mentioned above, then there would be a difference between the second signal and the third signal (i.e., temperature difference between the temperatures of the different mold sections). As mentioned above, Schlaeger et al. (US 2024/0269908) discloses that based on a temperature difference using two temperature sensors 13 (i.e., temperature difference between the second signal and the third signal), the degree of opening of the control element 7 (valve) can be changed to regulate the flow rate in order to reach and/or to stabilize a desired target value for a temperature difference [0037], [0268]-[0270]. In view of the combination above, the controller would be configured to regulate the at least one of the flow rate of the first fluid (via the degree of opening of the control element 7 (valve)) or the temperature of the first fluid until the difference between the second signal and the third signal is within a predetermined threshold (i.e., maintaining the desired target value for a temperature difference), which would influence a uniform temperature and associated exothermic reactions in the fibrous preform (i.e., maintaining the desired target value for a temperature difference would provide a uniform temperature (temperatures outside the desired target value are prevented by the controller) and the associated exothermic reactions (from carbonization of the fibers in the fibrous preform caused by heating the heated mold) in the fibrous preform).
As to claim 24, in view of the combination above, the controller would be configured to regulate the at least one of the flow rate of the first fluid (via the degree of opening of the control element 7 (valve)) or the temperature of the first fluid until the difference between the second signal and the third signal is within a predetermined threshold (i.e., maintaining the desired target value for a temperature difference), which would promote substantially uniform exothermic reactions across the fibrous preform during carbonization (i.e., maintaining the different mold sections to the desired target value would provide uniform temperatures in the different mold sections and thus would promote substantially uniform exothermic reactions across the fibrous preform in the different mold sections during carbonization).
As to claim 22, Schlaeger et al. (US 2024/0269908) further discloses the heat treatment tooling fixture arrangement further comprising a valve 7 [0254] in fluid communication with the first temperature control channel (the first circuit 17), wherein the controller 10, 12 is configured to regulate the flow rate of the first fluid by transmitting a valve position command signal (see dashed lines in fig. 8) to the valve 7 [0270].
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schlaeger et al. (US 2024/0269908) in view of Proske et al. (US 2009/0301682), Taylor (US 4,297,307), Ko et al. (US 2006,0214320) and CN 2143315 as applied to claims 1, 22 and 24 above, and further in view of Orange et al. (US 2021/0197428).
Schlaeger et al. (US 2024/0269908), Proske et al. (US 2009/0301682), Taylor (US 4,297,307), Ko et al. (US 2006,0214320) and CN 2143315 do not disclose the limitations of claim 6.
Orange et al. (US 2021/0197428) disclose a heat treatment tooling fixture (mold) comprising a male die and a female die (figs. 1, 3).
It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to further modify the heat treatment tooling fixture (mold) to include a male die and a female die, as disclosed by Orange et al. (US 2021/0197428), because such a modification is known in the molding art and would provide an alternative configuration for the heat treatment tooling fixture (mold) known to be operable in the art.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schlaeger et al. (US 2024/0269908) in view of Proske et al. (US 2009/0301682), Taylor (US 4,297,307), Ko et al. (US 2006,0214320) and CN 2143315 as applied to claims 1, 22 and 24 above, and further in view of DE 102004006162.
Schlaeger et al. (US 2024/0269908), Proske et al. (US 2009/0301682), Taylor (US 4,297,307), Ko et al. (US 2006,0214320) and CN 2143315 do not disclose the limitations of claim 23.
DE 102004006162 discloses a heat treatment tooling fixture arrangement comprising a heater 30 configured to control the temperature of a first fluid in supply line 20, wherein a controller is configured to regulate the temperature of the first fluid by transmitting a temperature command signal to the heater (fig. 1; [0020]-[0021], the temperature measured by the temperature sensor 40 in the flow line 20 serves as the control variable for the power of the water heater (i.e., a temperature command signal is sent to the heater 30 based on the temperature measured by sensor 40).
It would have been obvious to one of ordinary skill in the art, at the time the invention was made, to further modify the heat treatment tooling fixture arrangement with a heater configured to control the temperature of a first fluid, to further modify the controller to be configured to regulate the temperature of the first fluid by transmitting a temperature command signal to the heater, as disclosed by DE 102004006162, because such a modification is known in the art and would provide an alternative configuration for the heat treatment tooling fixture arrangement capable of controlling the temperature of the first fluid.
Allowable Subject Matter
Claim 21 is 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.
Claims 13-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the prior
art of record does not teach or reasonably suggest:
the heat treatment tooling fixture arrangement, as recited by claim 21, particularly wherein the controller is further configured to calculate (i) a first difference between the second signal and the first signal and (ii) a second difference between the third signal and the first signal, compare the first difference and the second difference, and regulate the at least one of the flow rate of the first fluid or the temperature of the first fluid based on the comparison; OR
the heat treatment tooling fixture arrangement, as recited by claims 13-20, particularly wherein the first angled surface comprises a first channel extending longitudinally therethrough and the first tapered surface comprises a second channel extending longitudinally therethrough; wherein: in response to the wedge moving to a first position with respect to the first plug, the first channel and the second channel form a first temperature control channel defining a first fluid flow path comprising a first surface area; and in response to the wedge moving to a second position with respect to the first plug, the first channel and the second channel form a second temperature control channel defining a second fluid flow path comprising a second surface area different from the first surface area. DE 42 34 002 discloses a heat treatment tooling fixture arrangement including a first tapered surface of a wedge 20 is configured to engage a first angled surface of a first plug 14, but does NOT disclose the first angled surface comprises a first channel extending longitudinally therethrough and the first tapered surface comprises a second channel extending longitudinally therethrough, wherein: in response to the wedge moving to a first position with respect to the first plug, the first channel and the second channel form a first temperature control channel defining a first fluid flow path comprising a first surface area; and in response to the wedge moving to a second position with respect to the first plug, the first channel and the second channel form a second temperature control channel defining a second fluid flow path comprising a second surface area different from the first surface area.
Response to Arguments
Applicant's arguments filed December 23, 2025 have been fully considered but they are not persuasive.
Applicant argues that rejoinder of the withdrawn claims is proper.
The Examiner respectfully disagrees. The original basis for the restriction has not been overcome. See Restriction action mailed on March 20, 2025 for the original basis.
Applicant argues that the combination of prior art in the prior art rejections of the previous office action do not disclose or make obvious various newly claimed recitations.
The Examiner agrees. However, the newly claimed recitations are disclosed or made obvious in view of the prior art rejections above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH S LEYSON whose telephone number is (571)272-5061. The examiner can normally be reached M-F 8am-4:30pm.
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
/XIAO S ZHAO/Supervisory Patent Examiner, Art Unit 1744