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 .
DETAILED ACTION
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.
Claim(s) 1-4, 6 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Horn et al. (US 2019/0111639).
As to claim 1, Horn discloses a method of forming a composite part, the method comprising: connecting a layup form tool (entire tool shown in figs 3-5, para 29-41) to a vacuum source (“source of vacuum pressure” para 35); overlaying a release film 24 /624) on a surface of the layup form tool (figs 5, 14); engaging the vacuum source to affix the release film to the surface of the layup form tool using vacuum pressure (para 39 – “vacuum pressure can be applied”); overlaying at least one sheet of composite material on the release film affixed to the surface of the layup form tool to form the composite part (para 39); and removing the formed composite part (para 40) from the layup form tool, and subsequent to the removing: transferring the formed composite part to a cure tool; and curing the formed composite part using the cure tool (para 8, 29-40, 51-52, 60-61 – figs 2-5, 14).
As to claim 2, Horn discloses the methos further comprising, prior to the connecting, forming the layup form tool from a porous granular material (granular material 16, para 31-38, fig 3-5).
As to claim 3, Horn discloses the forming further comprises machining the porous granular material (para 32).
As to claim 4, Horn discloses the method further comprising wherein the overlaying at least one sheet of composite material further comprises overlaying a plurality of sheets of composite material over the release film affixed to the layup form tool surface (para 6).
As to claim 6, Horn discloses the method further comprising disengaging the vacuum source prior to the removing (para 8, 40, 61-62).
As to claim 7, Horn discloses removal of the release film 24 from the bottom surface of the removed component prior to curing (para 40 – composite removed from film 24).
Response to Arguments
Applicant's arguments filed 3/26/26 have been fully considered but they are not persuasive. The applicant asserts that Horn clearly and consistently recites removal of material 24 only after the part has been cured. This argument is not persuasive because in Horn the composite material is not 24. The applicant asserts that the vacuum fixture is designed the withstand the curing process. This argument is not persuasive for at least two reasons. First, Horn discloses an embodiment where only some of the parts of the fixture can withstand curing (para 39). Second, even assuming for the sake of argument that the vacuum fixture is capable of withstanding curing, such does not preclude the composite material from being transferred to a cure tool subsequent to the removing. Applicant asserts “removal of the part from the layup tool prior to curing is exactly the issue the embodiments of Horn are designed to avoid/prevent”. Respectfully, this is not accurate. The purpose of Horn’s method is to avoid using a molding/trimming tool that is different than the layup tool – see para 9 – “this method and apparatus should provide for post-molding trimming and machining without requiring a separate tool”.
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 CHRISTOPHER T SCHATZ whose telephone number is (571)272-6038. The examiner can normally be reached Monday through Friday, 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Orlando can be reached at 571-270-5038. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER T SCHATZ/Primary Examiner, Art Unit 1746
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