DETAILED OFFICIAL 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 .
Examiner Note
It is noted that all references hereinafter to Applicant’s specification (“spec”) are to the published application US 2024/0165914, unless stated otherwise. Further, any italicized text utilized hereinafter is to be interpreted as emphasis placed thereupon.
Information Disclosure Statement
The information disclosure statement (IDS) filed 11 May 2026 is in compliance with 37 CFR 1.97 and 1.98 and has been considered.
Response to Amendment
The Amendment filed 30 April 2026 in response to the Non-Final Rejection dated 06 February 2026 (hereinafter “NFOA”) has been entered. Claims 1, 3, and 10-13 have been amended, and new claim 16 has been added. As such, claims 1-16 are pending, claims 13-15 remain withdrawn, and claims 1-12 and 16 are under consideration on the merits.
The amendments to claims 3 and 10 have overcome the rejection of claims 4 and 10 under 35 U.S.C. 112(b) [NFOA, ¶6-10]. As such, the 11(b) rejection has been withdrawn, and the Examiner thanks Applicant for correction of the issues.
The amendments to the claims have overcome the rejection of claims 1, 3, 5-8, and 11-12 under 35 U.S.C. 102(a)(1) as being anticipated by Kikuchi [NFOA, ¶14-28]; the rejections of claim 2, claim 4, and claim 9, respectively, under 35 U.S.C. 103 as unpatentable over Kikuchi as applied to claim 1, claim 3, and claim 8, respectively, under 102(a)(1) [NFOA, ¶31-45]; and the rejection of claim 10 under 103 as unpatentable over Kikuchi as applied to claim 8 under 102(a)(1), in view of Yamamoto [NFOA, ¶46-53]. As such, the 102(a)(1) and 103 rejections have been withdrawn.
New grounds of rejection are set forth herein, necessitated by the amendments to the claims and made in view of newly cited prior art.
Claim Objections
Claim 11 is objected to because of the following informalities:
Absence of punctuation (e.g., a comma) which hinders the readability of the claim, shown below in marked-up format as an amendment respectfully suggested for correction of the issue
“…wherein the carbon fibers of the stone pattern braided layer cross each other in an up-down direction in units of one fiber, the device including parts covered with the casing.”
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-12 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kikuchi (JP 2019-194018; “Kikuchi”) (previously cited), in view of Hanley et al. (US 2018/0171087; “Hanley”) (newly cited) and Chouinard (US 2004/0176740; “Chouinard”) (newly cited); optionally also in view of Jonasson (US 4,907,624; “Jonasson”) (newly cited).
Regarding claim 1, Kikuchi discloses a (tubular) lens barrel (article) for an optical device, e.g., camera, said barrel formed from a multilayer material comprising at least one carbon fiber layer [p. 1 ln. 13-14, 55-60; p. 2 ln. 30-34]. In a particular embodiment [Figs. 7A-7C; p. 6 ln. 56–p. 7 ln. 15], the multilayer material includes an inner braided carbon fiber layer (5), an outer braided carbon fiber layer (3), and a unidirectional (UD) carbon fiber prepreg (sheet) layer (4) interposed therebetween [Figs. 7A-7C; p. 6 ln. 56–p. 7 ln. 15, in accordance with p. 2 ln. 41-58; p. 3 ln. 1-7, 17-19, 39-41; p. 4 ln. 39-45].
The outer braided carbon fiber layer (3) is formed from continuous carbon fibers which extend in left and right directions at oblique angles (non-right angles) relative to the axial direction of the tube (i.e., imaginary line extending parallel to axial direction of tube) and are braided in an up-down pattern (i.e., over-under pattern) [Fig. 7A; p. 2 ln. 42-47, 54-58; p. 3 ln. 1-7; p. 6 ln. 56–p. 7 ln. 15; p. 8 ln. 59–p. 9 ln. 40]. However, the specific pattern per fiber unit is not readily determinable based on the disclosure and figures of Kikuchi.
However, based on the alternative embodiments, Kikuchi reasonably discloses/depicts/teaches that inner braided layer (5) suitably exhibits a twill pattern (braid); and that both layers (3) and (5) may be twill pattern braided layers [Figs. 3A-B, 4A-B, 5A-B; p. 11 ln. 58–p. 12 ln. 9] (e.g., 2-over-2 twill pattern, i.e., 1 weft fiber crosses over 2 warp fibers, then under 2 warp fibers, repeatedly).
To illustrate/support the rejection, the aforecited Figs. 7A-7C of Kikuchi are reproduced hereinbelow, captioned as Figure 1; an enlarged view of Fig. 7A annotated by the Examiner to include the imaginary line extending in the axial direction is shown thereafter, captioned as Figure 2.
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Figure 1. Tubular lens barrel and multilayer material of Kikuchi
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Figure 2. Enlarged Fig. 7A, with overlaid axial direction line
Kikuchi discloses that the braid angles (23) (formed between axial line and the fibers) of the inner and outer braided layers are predetermined/set in consideration of the desired strength and rigidity of the lens barrel, wherein the braid angles of the inner and outer layers are different [p. 8 ln. 59-60]. As a non-limiting example, the braid angle (23) of layer (5) may be about 60°, and the braid angle of layer (3) may be about 30° [p. 9 ln. 1-4]. As shown above in Figure 2, Kikuchi reasonably discloses/implies that the braid angle of the outer layer (i.e., layer (3)) may be about 45°.
The multilayer material (forming the lens barrel) comprising inner (5) and outer (3) braided carbon fiber layers corresponds to the claimed multiple layers including carbon fibers. Further, for the basis of the rejection, the inner braided carbon fiber layer (5) corresponds to the claimed wherein at least one of the multiple layers is a stone pattern braided layer.
With respect to the difference relative to the article defined by claim 1, Kikuchi is silent regarding the carbon fibers of the inner braided carbon fiber layer (5) (stone pattern braided layer) crossing each other in an up-down direction in units of one fiber (wherein the carbon fibers of the stone pattern braided layer cross each other in an up-down direction in units of one fiber).
Hanley is directed to carbon fiber-thermosetting epoxy resin pre-pregs for forming structurally reinforced articles, and seeks to improve the impact strength resultant upon curing said pre-pregs and thereby provided to said articles [Abstract; 0001, 0007, 0041, 0046-0047, 0050, 0058, 0162-0163]. Hanley teaches that the carbon fiber of the pre-preg is in the form of a fabric, such as a woven or braided fabric, whose warp and weft fibers are arranged in a bi-directional pattern, wherein said pattern is, inter alia a plain weave pattern (505) or a twill weave 2/2 pattern (515) [Fig. 5; 0047-0050, 0057, 0166, 0170, 0172]. The plain pattern (505) is a 1-over-1, up-down crossing pattern, wherein 1 weft fiber crosses over 1 warp fiber, then under 1 warp fiber, repeatedly [Fig. 5; 0172]; the twill 2/2 pattern (515) is a 2-over-2, up-down crossing pattern, wherein 1 weft fiber crosses over 2 warp fibers, then under 2 warp fibers, repeatedly [Fig. 5; 0172].
In view of the aforecited disclosure, Hanley reasonably teaches that braided carbon fiber fabrics, exhibiting the twill 2/2 pattern or the plain 1-over-1 pattern, were recognized as suitable for forming the reinforcing fibrous phase of fiber-reinforced thermoset pre-pregs requiring high impact strength (see MPEP 2144.07).
Chouinard teaches that the braid configuration (i.e., braid pattern) of braided carbon fiber layers – which is suitably, inter alia a 1-over-1 braid pattern or 2-over-2 braid pattern – may be selected, in conjunction with the braid angle (e.g., 70° or greater, relative to one another) or pitch, to adjust and thereby obtain the desired degree of stiffness exhibited by polymeric tubular articles formed from multiple, superimposed braided carbon fiber layers [Abstract; Figs. 4, 5A-B, 6; 0011, 0013-0014, 0022-0023, 0025, 0038-0042, 0044]. The multiple braided carbon fiber layers suitably exhibit different braid angles from one another [0038-0042].
Jonasson teaches 1-over-1 braided carbon fiber layers (7) as suitable for use in fiber-reinforced, multilayer thermosetting tubes [Abstract; Figs. 1, 4-5; col. 2 ln. 6–col. 4 ln. 13]. The braided carbon fiber layers, acting as the reinforcement phase, contribute to increased compression strength (resistance to compressive force) [col. 4 ln. 1-10].
Kikuchi, Hanley, Chouinard, and (optional consideration) Jonasson each constitute prior art which is directly analogous to the claimed invention – articles inclusive of braided carbon fiber layers. In view of the combined teachings of the foregoing prior art, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the multilayer material of Kikuchi by having formed either of, or both of, the inner (5) and outer (3) braided carbon fiber layers from a 1-over-1 pattern braid, as the 1-over-1 braid pattern would have been recognized as suitable for providing impact strength/rigidity (i.e., suitable for the intended use) and/or as a suitable alternative to the 2-over-2 twill pattern braid (disclosed by Kikuchi) (MPEP 2144.07, MPEP 2144.06(II)), and/or in order to have imparted or adjusted the impact strength, stiffness (i.e., rigidity), and/or compressive strength exhibited by the (cured) material in tubular form, in accordance with the result(s) sought by Kikuchi [p. 1 ln. 55–p. 2 ln. 4; p. 3 ln. 24; p. 8 ln. 59–p. 9 ln. 4].
In accordance with the foregoing modification, the multilayer material of Kikuchi, and tubular (e.g., lens barrel) article formed therefrom, would have comprised the inner braided carbon fiber layer (5), UD carbon fiber prepreg layer (4), and outer braided carbon fiber layer (in the order stated, from radially-inward to radially-outward), wherein, inter alia the inner braided carbon fiber layer (5) would have exhibited a 1-over-1 braided pattern (wherein at least one of the multiple layers is a stone pattern braided layer, and wherein the carbon fibers of the stone pattern braided layer cross each other in an up-down direction in units of one fiber).
The multilayer material (and tubular article formed therefrom) of Kikuchi, set forth above (hereinafter “modified Kikuchi”), reads on the article defined by each and every limitation of claim 1.
Regarding claims 2-3, the rejection of claim 1 above reads on each article defined by claims 2-3. That is, the foregoing modification encompasses the embodiment of the multilayer material of modified Kikuchi wherein the inner braided carbon fiber layer (5) is the 1-over-1 braided pattern, and the outer braided carbon fiber layer (3) is the twill pattern braid (e.g., the 2-over-2 twill pattern braid depicted in Kikuchi) (claim 2, wherein at least one of the multiple layers is a twill pattern braided layer), with the UD carbon fiber prepreg layer (4) (claim 3, wherein at least one of the multiple layers is a Uni Direction (UD) layer) interposed between layers (3) and (5).
Regarding claim 4, as set forth above in the rejection of claim 3, the multilayer material of modified Kikuchi exhibits the layer sequence (e.g., radially-inner to radially-outer): 5/4/3, i.e., 1-over-1/UD/twill. In view thereof, Kikuchi teaches that the UD layer (4) may define the innermost surface of the tubular multilayer material [p. 3 ln. 5-7, 32-37], specifically, that the inner braided layer may be, inter alia omitted; and teaches that additional braided layers (3) or (5) may be formed on the outer periphery of the outer braided layer (3), directly adjacent thereto [p. 3 ln. 5-7, 32-37]. In view of the aforecited teachings, and in accordance with the modification set forth in the rejection of claim 1 above, modified Kikuchi encompasses the embodiment of the multilayer material where the inner layer (5) is omitted such that the UD layer (4) defines the innermost surface, and an additional braided layer (5’) (i.e., 1-over-1 braided pattern carbon fiber layer) is provided directly on the outer peripheral surface of the outer layer (3). The aforesaid embodiment of the multilayer material of modified Kikuchi defines the following layer sequence (radially-inner to radially-outer): 4/3/5’, i.e., UD/twill/1-over-1, of which reads on the article defined by claim 4 (as dependent upon claim 3) (wherein, in the multiple layers, the twill pattern braided layer is formed on the stone pattern braided layer, and the UD layer is formed on the twill pattern braided layer).
Regarding claim 5, in view of the rejection of claim 1 above, Kikuchi discloses that the inner (5) and outer (3) braided carbon fiber layers may be pre-impregnated or coated with a resin [p. 2 ln. 41-47], the interposed UD carbon fiber layer (4) may be pre-impregnated or coated with said resin [p. 2 ln. 48-52], or the resin may be applied to the multilayer material by coating or spraying [p. 4 ln. 1-6], wherein the multilayer material is heated/pressurized, and optionally pressed, to melt and solidify the resin to fix the layers and thereby form the lens barrel [p. 3 ln. 55–p. 4 ln. 9]. Kikuchi discloses that the aforesaid resin is, inter alia a thermosetting resin, or a thermoplastic polycarbonate resin [p. 4 ln. 11-15] (MPEP 2131.02(II)). The multilayer material of modified Kikuchi, comprising the polycarbonate resin solidifying/fixing layers (5), (4), and (3), reads on the article defined by claim 5 (wherein the multiple layers include resin, and the resin is polycarbonate).
Regarding claim 6, in view of the rejection of claim 1 above, the rejection of claim 5 above is incorporated herein by reference (not repeated) and reads on the article defined by claim 6 (wherein at least one of the multiple layers is made of Carbon Fiber Reinforced Thermo-Plastics (CFRTP)).
Regarding claim 7, in view of the rejection of claim 1 above, the rejection of claim 5 above is incorporated herein by reference. In view thereof, Kikuchi discloses that the aforesaid solidification of the resin results in an ultrathin resin layer (41) present on the outer surface of the outer braided carbon fiber layer (3), said layer (41) defined by the resin utilized to impregnate/coat the braided carbon fiber layer, e.g., thermoplastic polycarbonate [p. 7 ln. 9-15; Fig. 7C]. Further, Kikuchi discloses that the ultrathin resin layer (41) is preferably covered by an additional resin layer (40), of which is preferably formed from the same resin utilized for impregnation/coating, e.g., thermoplastic polycarbonate [p. 7 ln. 9-51]. The ultrathin resin layer (41), and/or the additional layer (40), read(s) on the claimed covering film layer formed as an outermost layer – the multilayer material of modified Kikuchi, having the aforesaid layers (41) and (40), reads on the article defined by claim 7 (wherein a covering film layer is formed as an outermost layer).
Regarding claim 8, the rejection of claim 1 above reads on the article defined by claim 8. The tubular article, e.g., lens barrel of modified Kikuchi is tubular (wherein the article has a tubular shape).
Regarding claim 9, in view of the rejection of claim 8 above, the rejection of claim 1 above reads on the article defined by claim 9. That is, the inner braided carbon fiber layer (5) of the multilayer material (and tubular article formed therefrom/defined thereby) of modified Kikuchi exhibits a 1-over-1 braided pattern (stone pattern braided layer), wherein (as set forth above in rejection of claim 1) Kikuchi discloses that the braided carbon fiber layer (5) suitably exhibits a braid angle (23) of about 60° (wherein a braiding angle of the stone pattern braided layer is 54° or more).
Regarding claim 10, of which is directly dependent upon claim 3, the rejection of claim 4 above is incorporated herein by reference and reads on the article defined by claim 10. That is, the embodiment of the multilayer material of modified Kikuchi set forth in the rejection of claim 4 exhibits the layer sequence 4/3/5’ (radially-inner to radially-outer), wherein layer (4) is the UD carbon fiber layer, layer (3) is the twill (2-over-2) pattern braided (outer) carbon fiber layer, and layer 5’ is the 1-over-1 braided carbon fiber (additional) layer (stone pattern braided layer), i.e., UD/twill/1-over-1. Given that the terms “inner side” and “outer side” of the limitation “formed in order from an inner side toward an outer side” are arbitrary with respect to the article defined in claim 3 and ultimately, claim 1, the aforesaid layer sequence UD/twill/1-over-1 reads on the article defined by claim 10 (wherein, in the multiple layers, the stone pattern braided layer, the twill pattern braided layer, and the UD layer are formed in order from an inner side toward an outer side).
Regarding claim 11, the rejection of claim 1 above is incorporated herein by reference. In view thereof, Kikuchi discloses that the lens barrel formed from the multilayer material (of modified Kikuchi incorporated herein) constitutes a casing that holds (therein) the optical elements, such as the lens and mirror, of an optical apparatus such as a camera [p. 2 ln. 30-39]. The lens barrel of the camera, which constitutes a casing of said camera and is formed from the multilayer material of modified Kikuchi, and which contains said optical elements, reads on the casing/article of the device defined by each and every limitation of claim 11. The camera reads on “A device”; the lens barrel formed from the multilayer material reads on “as a casing, an article comprising…”; and the optical elements contained within the lens barrel read on “parts covered with the casing”.
Regarding claim 12, the rejection of claim 11 above is incorporated herein by reference. The camera of modified Kikuchi reads on the optical device defined by each and every limitation of claim 12.
Regarding claim 16, the rejection of claim 1 above reads on the article defined by claim 16. Specifically, claim 16 constitutes a product-by-process claim (see MPEP 2113(I) and (II)) – the structure (i.e., structural characteristics) of the stone pattern braided layer implied by the process step(s) defined by claim 16 is the carbon fibers of said layer crossing each other in an up-down direction in units of one fiber, i.e., the carbon fibers are braided in a 1-over-1 pattern. The inner braided carbon fiber layer (5) of the multilayer material of modified Kikuchi, exhibiting the 1-over-1 braided pattern, reads on the structure implied by the claimed process step(s), and as such, the multilayer material of modified Kikuchi reads on the article defined by claim 16.
Response to Arguments
Applicant’s arguments presented on pp. 6-7 of the Remarks directed to the rejection of the claims under 102(a)(1) as anticipated by Kikuchi previously set forth in the NFOA, taken in conjunction with the amendments to the claims, have been found persuasive. As indicated above, the rejections under 102(a)(1) and 103 previously set forth in the NFOA have been overcome by the amendments to the claims and, as a result, are hereby withdrawn. New grounds of rejection are set forth above, necessitated by the amendments and made in view of newly cited prior art.
Pertinent Prior Art
The following constitutes a list of prior art which are not relied upon herein, but are considered pertinent to the claimed invention and/or written description thereof. The prior art are purposely made of record hereinafter to facilitate compact/expedient prosecution, and consideration thereof is respectfully suggested.
US 2020/0010987 to Dieckmann et al. – discloses fiber preforms for motor vehicles comprising multiple layers of braided carbon fibers superimposing one another [Abstract; 0002, 0015-0016]
US 2015/0299913 to Hori et al. – discloses flanged, tubular fiber structures formed by shaping fabric base materials, wherein said base materials are suitably 1-over-1 plain weave pattern carbon fiber fabrics [Abstract; Figs. 1, 22, 23A-B, 24A-B; 0036-0037, 0044-0045, 0047, 0049, 0100]
US 2021/0138187 to Tilson et al. – discloses 1-over-1 braided pattern as an alternative to twill braided patterns for forming (tubular) braided layers acting as reinforcement/rigidizing layers embedded by polymeric material layers, and tubular articles formed therefrom [Abstract; Figs. 2B, 4A-4D; 0008, 0072, 0074, 0156-0157, 0162-0166, 0201]
US 2020/0149663 to Yusa – discloses high pressure hoses comprising three or more braided carbon fiber reinforcing layers overlying one another, wherein the braid angles between the layers are different [Abstract; Figs. 1, 6; 0006-0007, 0023, 0027, 0029]
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 Michael C. Romanowski whose telephone number is (571)270-1387. The Examiner can normally be reached M-F, 09:30-17:30.
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, Aaron Austin can be reached at (571) 272-8935. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL C. ROMANOWSKI/Primary Examiner, Art Unit 1782
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