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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “filler block” being “integrally manufactured as a single part” from Claim 5 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
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.
Claims 1-3, 6-8, 10-13 rejected under 35 U.S.C. 103 as being unpatentable over Eiselbrecher (US 4,183,261 A) in view of Yasui (US 20170130764 A1).
Regarding Claim 1, Eiselbrecher discloses A composite strut, comprising: a first end (A) (see Annotated Fig. 1 below) opposite a second end (B) separated by a strut distance along a longitudinal axis, the first end defining a first aperture (C) and the second end defining a second aperture (D); a compression block (14) extending along the longitudinal axis disposed between the first aperture (C) and the second aperture (D), the compression block (14) defining a top side opposite a bottom side disposed between a right side opposite a left side; a tension strap (11) comprising a first fiber reinforced composite wrapped repeatedly around the first aperture (C), along the top side of the compression block (14), around the second aperture (D) and along the bottom side of the compression block (14) at least two times, wherein fibers of the tension strap are oriented extending parallel to the longitudinal axis between the first (C) and second apertures (D); and an overwind (10) comprising a second fiber reinforced composite wrapped repeatedly around the first fiber reinforced composite (11) and the compression block (14) between the first end and second end at least two times, wherein fibers of the overwind (10) are oriented extending around the longitudinal axis (see Fig. 1, Fig. 3, Annotated Fig. 1 below, 2: 14-39).
Eiselbrecher does not explicitly disclose the fiber reinforced composite being a continuous fiber reinforced plastic composite.
Yasui teaches the wrapping of continuous fiber reinforced plastic composite in linkage structures (see Fig. 3, [0009], [0031]).
It would have been obvious to combine the wrapping of continuous fiber reinforced plastic composite in Yasui with the composite strut of Eiselbrecher in order to reduce cost while keeping the structure light weight and materially strong (see US 20170130764 A1 [Yasui]; [0042-0045]).
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Annotated Fig. 1
Regarding Claim 2, Eiselbrecher discloses the composite strut of claim 1, including a left side filler block (12) extending parallel to the longitudinal axis between the first (C) and the second apertures (D) and being disposed between the compression block (14) and the overwind (10) on the left side of the compression block (14), the left side filler block (12) in cross section along the longitudinal axis defining a left side chord length adjacent to the left side of the compression block (14), the left side chord length opposite a left side curvature (see Annotated Fig. 1 above, Fig.1, Fig. 3).
Regarding Claim 3, Eiselbrecher discloses the composite strut of claim 2, including a right side filler block (12) extending parallel to the longitudinal axis between the first (C) and the second apertures (D) and being disposed between the compression block (14) and the overwind (10) on the right side of the compression block (14), the right side filler block (12) in cross section along the longitudinal axis defining a right side chord length adjacent to the left side of the compression block (14), the right side chord length opposite a right side curvature (see Annotated Fig. 1 above, Fig.1, Fig. 3).
Regarding Claim 6, Eiselbrecher discloses the first continuous fiber reinforced plastic composite is wrapped repeatedly at least 3 times (see Fig. 1).
Regarding Claim 7, Eiselbrecher discloses the first continuous fiber reinforced plastic composite is wrapped repeatedly at least 5 times (see Fig. 1).
Regarding Claim 8, Eiselbrecher discloses the first continuous fiber reinforced plastic composite is wrapped repeatedly at least 10 times (see Fig. 1).
Regarding Claim 10, Eiselbrecher discloses the compression block are at least partially cylindrically shaped (see Fig. 4).
Regarding Claim 11, Eiselbrecher does not disclose the compression block cross section being rectangular along the longitudinal axis.
Yasui teaches the compression block (36) having a rectangular cross section along the longitudinal axis (see Fig. 6).
It would have been obvious to combine the rectangular shape of the compression block of Yasui with the composite strut of Eiselbrecher in order optimize force distribution for a given application.
Regarding Claim 12, Eiselbrecher discloses the first and the second apertures are cylindrically shaped (see Fig. 1).
Regarding Claim 13, Eiselbrecher does not disclose the composite strut containing no metal, two metal bushings (13) are disclosed (see Fig. 1, 2:59-67).
Yasui teaches the use of non-metal force transmission members, so that the composite strut does not compromise a metal part (see [0004], [0160]).
It would have been obvious to combine the non-metal force transmission members of Yasui with the composite strut of Eiselbrecher in order to remove all the metal from the composite strut, making the composite strut lighter weight (see US 20170130764 A1 [Yasui]; [0004]).
Claims 4 is rejected under 35 U.S.C. 103 as being unpatentable over Eiselbrecher (US 4,183,261 A) modified by Yasui (US 20170130764 A1) as applied in Claim 1, above, further in view of Castel (WO 2012007674 A1).
Regarding Claim 4, Eiselbrecher modified by Yasui teaches the composite strut of claim 3.
Eiselbrecher modified by Yasui does not teach the compression block, the left side filler block, and the right side filler block are separately manufactured parts.
Castel teaches a weight reducing rod core for a connecting rod wherein the compression block (4), the left side filler block (6) and the right side (6) filler block are separately manufactured parts (see Fig. 4, [0034]).
It would have been obvious to combine the weight reducing rod core where the compression block and filler blocks are manufactured separately of Castel with the composite strut taught by Eiselbrecher modified by Yasui in order to allow for further weight reduction in the rod core while keeping the required material strengths (see WO 2012007674 A1 [Castel]; [0009]).
Claims 5 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Eiselbrecher (US 4,183,261 A) modified by Yasui (US 20170130764 A1) as applied in Claim 1, above, further in view of Tice (US 4841801 A).
Regarding Claim 5, Eiselbrecher modified by Yasui teaches the composite strut of claim 3.
Eiselbrecher modified by Yasui do not teach the compression block, the left side filler block and the right side filler block are integrally manufactured as a single part.
Tice teaches a composite strut (10), wherein the compression block (32), the left side filler block (32), and the right side filler block (32) are integrally manufactured as a single part (see Fig. 7).
It would have been obvious to combine the integrally manufactured compression block and filler blocks of Tice with the composite strut taught by Eiselbrecher modified by Yasui in order to allow the compression block to evenly expand in size when exposed to temperature, preventing radial buckling of the fibers (see US 4841801 A [Tice]; 5:23-42).
Regarding Claim 9, Eiselbrecher modified by Yasui teach the composite strut of Claim 1.
Eiselbrecher modified by Yasui appear to teach the same based resin is used for all the fibers, but do not explicitly teach the use of the same based resin in the compression block (see [0107-0111])
Tice teaches a strut where the compression block (32), the tension strap (72) and the overwind (42) utilize a common base resin (see Fig. 7, 3: 36-44, 4: 58-68, 5:1-2, 5: 23-42).
It would have been obvious to combine the utilization of a common based resin of Tice with the composite strut taught by Eiselbrecher modified by Yasui in order to preventing radial buckling of the fibers (see US 4841801 A [Tice]; 5:23-42).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Eiselbrecher (US 4,183,261 A) modified by Yasui (US 20170130764 A1) as applied in Claim 1, above, further in view of Valembois (WO 2009138660 A2).
Regarding Claim 14, Eiselbrecher modified by Yasui teaches the strut of claim 1.
Eiselbrecher modified by Yasui does not teach the compression block comprising a chopped fiber filled thermoplastic composite.
Valembois teaches a composite strut wherein the compression block (2) comprises a chopped fiber filled thermoplastic composite (see Fig. 2, [0005]).
It would have been obvious to combine the compression block comprising chopped fiber filled thermoplastic composite of Valembois with the composite strut taught by Eiselbrecher modified by Yasui in order to obtain desired compressive strength while keeping the weight low (see WO 2009138660 A2 [Valembois]; [0003], [0037]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Eiselbrecher (US 4,183,261 A) in view of Yasui (US 20170130764 A1) as applied in Claim 1 and Claim 13, above, further in view of Tice (US 4841801 A) as applied in claim 9, above.
Regarding Claim 15, Eiselbrecher discloses A composite strut, comprising: a first end (A) (see Annotated Fig. 1 above) opposite a second end (B) separated by a strut distance along a longitudinal axis, the first end defining a first aperture (C) and the second end defining a second aperture (D); a compression block (14) extending along the longitudinal axis disposed between the first aperture (C) and the second aperture (D), the compression block (14) defining a top side opposite a bottom side disposed between a right side opposite a left side; a tension strap (11) comprising a first fiber reinforced composite wrapped repeatedly around the first aperture (C), along the top side of the compression block (14), around the second aperture (D) and along the bottom side of the compression block (14) at least two times, wherein fibers of the tension strap are oriented extending parallel to the longitudinal axis between the first (C) and second apertures (D); and an overwind (10) comprising a second fiber reinforced composite wrapped repeatedly around the first fiber reinforced composite (11) and the compression block (14) between the first end and second end at least two times, wherein fibers of the overwind (10) are oriented extending around the longitudinal axis (see Fig. 1, Fig. 3, Annotated Fig. 1 above, 2: 14-39); a left side filler block (12) extending parallel to the longitudinal axis between the first (C) and the second apertures (D) and being disposed between the compression block (12) and the overwind (10) on the left side of the compression block (14), the left side filler block in cross section along the longitudinal axis defining a left side chord length adjacent to the left side of the compression block (12), the left side chord length opposite a left side curvature (see Fig. 1, Fig. 3, Annotated Fig. 1 above). a right side filler block (12) extending parallel to the longitudinal axis between the first (C) and the second apertures (D) and being disposed between the compression block (12) and the overwind (10) on the right side of the compression block (14), the right side filler block (12) in cross section along the longitudinal axis defining a right side chord length adjacent to the left side of the compression block (14), the right side chord length opposite a right side curvature (see Fig. 1, Fig. 3, Annotated Fig. 1 above).
Eiselbrecher does not explicitly disclose the fiber reinforced composite being a continuous fiber reinforced plastic composite, the utilization of a common base resin, or the composite strut not comprising metal parts.
Yasui teaches the wrapping of continuous fiber reinforced plastic composite in linkage structures (see Fig. 3, [0009], [0031]) and the use of non-metal force transmission members, so that the composite strut does not compromise a metal part (see [0004], [0160]).
It would have been obvious to combine the continuous fiber reinforced plastic and non-metal force transmission members of Yasui with the composite strut of Eiselbrecher in order to reduce cost, reduce weight, and keep the strut materially strong (see US 20170130764 A1 [Yasui]; [0004], [0042-0045]).
The combination of Eiselbrecher as modified by Yasui does not teach the utilization of a common base resin.
Tice teaches a strut where the compression block (32), the tension strap (72), the left side filler block (32), the right side filler block (32), and the overwind (42) utilize a common base resin (see Fig. 7, 3: 36-44, 4: 58-68, 5:1-2, 5: 23-42).
It would have been obvious to combine the utilization of a common based resin of Tice with the composite strut taught by Eiselbrecher modified by Yasui in order to preventing radial buckling of the fibers (see US 4841801 A [Tice]; 5:23-42).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shea Irvin whose telephone number is (571)272-9952. The examiner can normally be reached Monday-Friday 7:30 - 17:00.
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/S.W.I./Examiner, Art Unit 3616
/Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616