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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3, 5, 8-9 and 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2014/0020532 A1 to Bonaiti (Bonaiti).
With regard to claim 1, Bonaiti discloses a method of producing a pressure containing structure (Bonaiti, page 6, line 4 – “tubes”), the method comprising:
receiving one or more recycled parts (claim 1 – “recycling a composite material”), the one or more recycled parts comprising a carbon fiber composite material (claim 4 – “carbon fibre”);
mechanically processing the one or more recycled parts into a plurality of fragments with a random fiber distribution (claim 1 – “trituration” and as described at page 8, lines 13-17 describing processes that will result in random fiber distribution); and
forming, via a forming process, the plurality of fragments into the pressure containing structure thereby producing the pressure containing structure (claim 1, step (c), extruding the mixture),
wherein the random fiber distribution of the plurality of fragments generates a tortuous effect thereby producing a low gas permeability for the pressure containing structure for substantially containing a fluid within the pressure containing structure (claim 1, step (c), the extrusion of the fragments in the thermosetting matrix results in a structure that contains a fluid. The degree of low gas permeability of the resulting thickness material of Bonaiti will have the same properties of the similarly create wall thickness of the claimed process).
With regard to claim 3, Bonaiti discloses the method of claim 1 as set forth above, and further discloses wherein the forming process comprises an extrusion process using an extruder device (claim 1, step (c)).
With regard to claim 5, Bonaiti discloses the method of claim 1 as set forth above, and further discloses comprising: selecting a fragment size for the plurality of fragments based on a pressure level associated with the pressure containing structure (Bonaiti, page 9, lines 7-10).
With regard to claim 8, Bonaiti discloses a method of producing a pressure containing structure (Bonaiti, page 6, line 4 – “tubes”), the method comprising:
receiving one or more recycled parts (claim 1 – “recycling a composite material”), the one or more recycled parts comprising a carbon fiber composite material (claim 4 – “carbon fibre”);
mechanically processing the one or more recycled parts to form a plurality of fragments (claim 1 – “trituration” and as described at page 8, lines 13-17 describing processes that will result in random fiber distribution); and
forming the pressure containing structure by fusing the plurality of fragments into the pressure containing structure (claim 1, step (c), “extruding the mixture”), wherein the plurality of fragments are selectively oriented to generate a tortuous effect thereby producing a low gas permeability for the pressure containing structure for substantially containing a fluid within the pressure containing structure (claim 1, step (c), the extrusion of the fragments in the thermosetting matrix results in a structure that contains a fluid. The degree of low gas permeability of the resulting thickness material of Bonaiti will have the same properties of the similarly create wall thickness of the claimed process since it is the same materials being processed in a similar manner).
With regard to claim 9, Bonaiti discloses the method of claim 8 as set forth above, and further discloses wherein the plurality of fragments are fused into the pressure containing structure via an extrusion process using an extrusion device (claim 1, step (c)).
With regard to claim 12, Bonaiti discloses the method of claim 8 as set forth above, and further discloses wherein mechanically processing the one or more recycled parts comprises feeding the one or more recycled parts into a cutting device configured to cut the one or more recycled parts along an axis parallel to a fiber direction of a plurality of fibers of the carbon fiber composite material to thereby form the plurality of fragments while preserving the plurality of fibers (page 8, lines 15-17 disclosing the use of a rotary cutter mill. The functionality of the rotary cutter mill is such that some of the cuts will be along an axis parallel to a fiber direction of a plurality of fibers of the carbon fiber composite material).
With regard to claim 13, Bonaiti discloses the method of claim 8 as set forth above, and further discloses comprising: adding additional carbon fiber material to the plurality of fragments (page 12, lines 12-19).
With regard to claim 14, Bonaiti discloses the method of claim 13 as set forth above, and further discloses further comprising: adding an additional polymer material to the plurality of fragments prior to forming the pressure containing structure (page 12, lines 12-19).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2014/020532 A1 to Bonaiti (Bonaiti).
With regard to claim 7, Bonaiti discloses the method of claim 1 as set forth above, but fails to further disclose comprising: forming a first layer of the pressure containing structure using a first portion of the plurality of fragments; and forming a second layer of the pressure containing structure using a second portion of the plurality of fragments.
The claim contains no language requiring the first an second layers of the pressure containing structure to be created at separate times. As a result, an arbitrary designation of a first layer to include the inner half of the extruded layer and a second layer to include the outer half of the extruded layer of Bonaiti is not distinct from the claimed process.
Allowable Subject Matter
Claims 15-20 are allowed.
Claims 2, 4, 6 and 10-11 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 an examiner’s statement of reasons for allowance: With regard to claim 15, the prior art of record fails to teach or suggest a pressure containing pipe comprising PEEK, a plurality of fused mechanically recycled fragments comprising carbon fiber PEEK material, and wherein the carbon fiber material has a random fiber distribution that generates a tortuous effect to thereby reduce a permeability, together in combination with the other elements. Claims 16-20 are allowable for at least the same reasons.
The following is a statement of reasons for the indication of allowable subject matter: With regard to claim 2, the inclusion of carbon fiber PEEK as the material of the composite material is not taught or suggested by the prior art of record. With regard to claims 4 and 6, the prior art of record fails to teach or suggest a method including the additive manufacturing using a 3D printer or an injection molding process. With regard to claim 10, the prior art of record fails to teach or suggest the method of depositing the first and second layers with different orientations, together in combination with the other elements. Claim 11 depends from claim 10 and is allowable for at least the same reasons.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references disclose pressure containing structures made of recycled materials: USPNs 5393536 and 12447518 disclose extrusion techniques. USPNs 2024/0288100; 2021/0114283; 2021/0172669; 2019/0323634; 2015/0367448; 2015/0284541; 2010/0237531; 2010/0136269 and 2006/0251829 disclose different methods of creating hollow pressure containing structures or recycling carbon fiber materials.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID R DEAL whose telephone number is (469)295-9216. The examiner can normally be reached M-F generally 8-4 pm CST.
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 supervisors can be reached at: Craig M Schneider (571) 272-3607 and Ken Rinehart (571) 272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like
assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DAVID R DEAL/Primary Examiner
Art Unit 3753