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 .
Response to Arguments
The assigned Examiner has changed. Please note the new contact information at the end of this action.
Applicant's arguments filed 12/19/2025 with respect to claims 1-11 and 16-20 have been fully considered but they are not persuasive.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, the references are all addressed to fiber materials and would have been combined for the reasons suggested.
Applicant’s arguments, see remarks and amendments to claims 12-15, filed 12/19/2025, with respect to the rejection(s) of claim(s) 12-15 under various combinations of references have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the newly applied Sakai reference, which addresses the new limitation of “all of the elongated fibers” being cut.
However, Sakai shows figures wherein all of the elongated fibers are cut. See Figures 1a-c, 2a-c, and 3a-c. Sakai discloses in column 2, lines 5-39 that:
(14) Another object of this invention is to provide a process for preparing molded articles of FRTP having good flowability and which are capable of preventing overlap of woven textiles and decrease in strengths during molding of complicated three-dimensional configurations.
(15) Additional objects and advantages of the invention will be set forth in part in the description which follows, and in part will be obvious from the description, or may be learned by practice of the invention. The objects and advantages of the invention will be realized and attained by means of the instrumentalities and combinations, particularly pointed out in the appended claims.
(16) To achieve the objects and in accordance with the purpose of the invention as embodied and broadly described herein, the invention provides a process for preparing a fiber-reinforced thermoplastic article comprising stacking a plurality of sheet prepregs comprising unidirectionally arranged reinforcing fiber impregnated with a thermoplastic resin; applying to said prepregs at least one notch in a direction traversing the fiber said at least one notch having a depth sufficient to cut the fiber; and molding said prepreg to form a fiber-reinforced thermoplastic article. (This process will be referred to hereafter as "Process (1)")
(17) The invention also provides a process for preparing fiber-reinforced thermoplastic articles comprising stacking a plurality of sheet prepregs comprising woven reinforcing fibers impregnated with a thermoplastic resin, applying to said prepreg at least one notch having a depth sufficient to cut said fiber in said prepreg providing that when said prepreg contains greater than one notch, said notches do not intersect each other. (This process will be referred to hereafter as "Process (2)")
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have cut all of the elongated fibers within the composite blank as suggested by Sakai in order to provide a process for preparing molded articles of FRTP having good flowability and which are capable of preventing overlap of woven textiles and decrease in strengths during molding of complicated three-dimensional configurations.
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(s) 12-15 as being unpatentable over McKague, Jr (US 6454893) and Sakai (US 4990207 A).
McKague taught that it was known to form a composite blank (for use with a composite filler member, noting that this is the intended use of the composite blank and not given any patentable weight, however `it should be noted that the reference taught that one was forming a composite blank which was useful for forming web and flange components of an “I” shaped beam with a sinusoidal web component where such would clearly be used with a composite radius filler component) which included positioning the composite blank on a support surface where the composite blank was a sheet with elongate fibers therein and resin. The composite blank has the elongated fibers aligned along the length of the blank (where the blank clearly had an initial stiffness therein as such is an intrinsic property of the blank). The reference to McKague suggested cutting one or more of the elongate fibers within the blank with the use of a roll cutting die. While the reference did not expressly recite that the stiffness of the blank was altered (reduced) to a “working” stiffness, cutting the blank in the same manner as that claimed processing would have intrinsically reduced the stiffness of the blank as recited. Applicant is referred to column 1,lines 36-55, column 2, lines 27-40, column 5, line 57-column 6, line 56.
McKague does not suggest cutting all of the elongated fibers.
However, Sakai shows figures wherein all of the elongated fibers are cut. See Figures 1a-c, 2a-c, and 3a-c. Sakai discloses in column 2, lines 5-39 that:
(14) Another object of this invention is to provide a process for preparing molded articles of FRTP having good flowability and which are capable of preventing overlap of woven textiles and decrease in strengths during molding of complicated three-dimensional configurations.
(15) Additional objects and advantages of the invention will be set forth in part in the description which follows, and in part will be obvious from the description, or may be learned by practice of the invention. The objects and advantages of the invention will be realized and attained by means of the instrumentalities and combinations, particularly pointed out in the appended claims.
(16) To achieve the objects and in accordance with the purpose of the invention as embodied and broadly described herein, the invention provides a process for preparing a fiber-reinforced thermoplastic article comprising stacking a plurality of sheet prepregs comprising unidirectionally arranged reinforcing fiber impregnated with a thermoplastic resin; applying to said prepregs at least one notch in a direction traversing the fiber said at least one notch having a depth sufficient to cut the fiber; and molding said prepreg to form a fiber-reinforced thermoplastic article. (This process will be referred to hereafter as "Process (1)")
(17) The invention also provides a process for preparing fiber-reinforced thermoplastic articles comprising stacking a plurality of sheet prepregs comprising woven reinforcing fibers impregnated with a thermoplastic resin, applying to said prepreg at least one notch having a depth sufficient to cut said fiber in said prepreg providing that when said prepreg contains greater than one notch, said notches do not intersect each other. (This process will be referred to hereafter as "Process (2)")
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have cut all of the elongated fibers within the composite blank as suggested by Sakai in order to provide a process for preparing molded articles of FRTP having good flowability and which are capable of preventing overlap of woven textiles and decrease in strengths during molding of complicated three-dimensional configurations.
As to claim 13, McKague discloses moving the composite blank relative to a roll cutting die and cutting the elongated fibers with blades that extend outward from the roll cutting die (see column 6, line 20, disclosing “When cylinder 67 is rolled over the prepreg 65 with appropriate downward force, the blades 69 punch slits 61 into the material 65 to cut the fibers therein.”)
As to claim 14, MaKague does not disclose wherein the cuts in the elongated fibers are being staggered to obtain at least one of a desired strength and a desired stiffness.
Sakai as incorporated discloses wherein the cuts in the elongated fibers are being staggered to obtain at least one of a desired strength and a desired stiffness. See the ladder or staircase in Figurtes 1a-c, below:
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized wherein the cuts in the elongated fibers are being staggered to obtain at least one of a desired strength and a desired stiffness as suggested by Sakai in order to provide a process for preparing molded articles of FRTP having good flowability and which are capable of preventing overlap of woven textiles and decrease in strengths during molding of complicated three-dimensional configurations.
As to claim 14, MaKague does not disclose further comprising cutting the portion of the elongated fibers into different lengths within the composite blank.
Sakai as incorporated discloses further comprising cutting the portion of the elongated fibers into different lengths within the composite blank. See the ladder or staircase in Figurtes 1a-c, below:
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized further comprising cutting the portion of the elongated fibers into different lengths within the composite blank as suggested by Sakai in order to provide a process for preparing molded articles of FRTP having good flowability and which are capable of preventing overlap of woven textiles and decrease in strengths during molding of complicated three-dimensional configurations.
Claim(s) 12-15 is/are alternatively rejected under 35 U.S.C. 103 as being unpatentable over Gants et al (US 4559005) in view of McKague, Jr (US 6454893) and Sakai (US 4990207 A) and optionally further taken with Gross et al (US 5650229).
Regarding claims 12 Gants et al taught that it was known at the time the invention was made to form a fillet (a radius filler) for a composite beam having a web and flange portions (see filler 18) where the filler was formed by forming a composite blank into a corrugated configuration comprising a plurality of overlapping layers and shaping the corrugated composite into a final composite filler shape. Applicant is referred to Figures 1-3. The reference to Gants et al failed to teach that one would have provided slits in the blank prior to corrugation and shaping. It should be noted that the filler was used in a structural element therein.
In forming a structural element (an I-beam), it was known, as taught by McKague, to provide the composite beams with an undulated web in a sinusoidal configuration whereby the sinusoidal configuration provided one with better stiffness and strength or weight performance of any support structures. Providing such a configuration would have required that the fillet (the filler of the beam) would have also been provided with a sinusoidal configuration to follow the area where the filler was disposed. McKague taught that in order to provide the sinusoidal configuration it was known to provide cuts in the composite blank from which the blank was then shaped into a sinusoidal configuration where the formation of the cuts in the resin impregnated fiber reinforced material allowed for the composite blank to be stretched without damaging the same when using the composite material to form components with compound curvature. When forming a filler in accordance with the techniques of Gants when providing a sinusoidal configuration for the same (as was known to have been desirable as taught by McKague), it would have been obvious to one of ordinary skill in the art at the time the invention was made to cut the elongate fibers of the blank in the manner suggested by McKague.
Gants and McKague does not suggest cutting all of the elongated fibers.
However, Sakai shows figures wherein all of the elongated fibers are cut. See Figures 1a-c, 2a-c, and 3a-c. Sakai discloses in column 2, lines 5-39 that:
(14) Another object of this invention is to provide a process for preparing molded articles of FRTP having good flowability and which are capable of preventing overlap of woven textiles and decrease in strengths during molding of complicated three-dimensional configurations.
(15) Additional objects and advantages of the invention will be set forth in part in the description which follows, and in part will be obvious from the description, or may be learned by practice of the invention. The objects and advantages of the invention will be realized and attained by means of the instrumentalities and combinations, particularly pointed out in the appended claims.
(16) To achieve the objects and in accordance with the purpose of the invention as embodied and broadly described herein, the invention provides a process for preparing a fiber-reinforced thermoplastic article comprising stacking a plurality of sheet prepregs comprising unidirectionally arranged reinforcing fiber impregnated with a thermoplastic resin; applying to said prepregs at least one notch in a direction traversing the fiber said at least one notch having a depth sufficient to cut the fiber; and molding said prepreg to form a fiber-reinforced thermoplastic article. (This process will be referred to hereafter as "Process (1)")
(17) The invention also provides a process for preparing fiber-reinforced thermoplastic articles comprising stacking a plurality of sheet prepregs comprising woven reinforcing fibers impregnated with a thermoplastic resin, applying to said prepreg at least one notch having a depth sufficient to cut said fiber in said prepreg providing that when said prepreg contains greater than one notch, said notches do not intersect each other. (This process will be referred to hereafter as "Process (2)")
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have cut all of the elongated fibers within the composite blank as suggested by Sakai in order to provide a process for preparing molded articles of FRTP having good flowability and which are capable of preventing overlap of woven textiles and decrease in strengths during molding of complicated three-dimensional configurations.
As to claim 13, McKague discloses moving the composite blank relative to a roll cutting die and cutting the elongated fibers with blades that extend outward from the roll cutting die (see column 6, line 20, disclosing “When cylinder 67 is rolled over the prepreg 65 with appropriate downward force, the blades 69 punch slits 61 into the material 65 to cut the fibers therein.”)
As to claim 14, MaKague does not disclose wherein the cuts in the elongated fibers are being staggered to obtain at least one of a desired strength and a desired stiffness.
Sakai as incorporated discloses wherein the cuts in the elongated fibers are being staggered to obtain at least one of a desired strength and a desired stiffness. See the ladder or staircase in Figurtes 1a-c, below:
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized wherein the cuts in the elongated fibers are being staggered to obtain at least one of a desired strength and a desired stiffness as suggested by Sakai in order to provide a process for preparing molded articles of FRTP having good flowability and which are capable of preventing overlap of woven textiles and decrease in strengths during molding of complicated three-dimensional configurations.
As to claim 14, MaKague does not disclose further comprising cutting the portion of the elongated fibers into different lengths within the composite blank.
Sakai as incorporated discloses further comprising cutting the portion of the elongated fibers into different lengths within the composite blank. See the ladder or staircase in Figurtes 1a-c, below:
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized further comprising cutting the portion of the elongated fibers into different lengths within the composite blank as suggested by Sakai in order to provide a process for preparing molded articles of FRTP having good flowability and which are capable of preventing overlap of woven textiles and decrease in strengths during molding of complicated three-dimensional configurations.
Claim(s) 1-9 and 11, 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gants et al (US 4559005) in view of McKague, Jr (US 6454893) optionally further taken with Gross et al (US 5650229).
Gants et al taught that it was known at the time the invention was made to form a fillet (a radius filler) for a composite beam having a web and flange portions (see filler 18) where the filler was formed by forming a composite blank into a corrugated configuration comprising a plurality of overlapping layers and shaping the corrugated composite into a final composite filler shape. Applicant is referred to Figures 1-3. The reference to Gants et al failed to teach that one would have provided slits in the blank prior to corrugation and shaping. It should be noted that the filler was used in a structural element therein.
In forming a structural element (an I-beam), it was known, as taught by McKague, to provide the composite beams with an undulated web in a sinusoidal configuration whereby the sinusoidal configuration provided one with better stiffness and strength or weight performance of any support structures. Providing such a configuration would have required that the fillet (the filler of the beam) would have also been provided with a sinusoidal configuration to follow the area where the filler was disposed. McKague taught that in order to provide the sinusoidal configuration it was known to provide cuts in the composite blank from which the blank was then shaped into a sinusoidal configuration where the formation of the cuts in the resin impregnated fiber reinforced material allowed for the composite blank to be stretched without damaging the same when using the composite material to form components with compound curvature. When forming a filler in accordance with the techniques of Gants when providing a sinusoidal configuration for the same (as was known to have been desirable as taught by McKague), it would have been obvious to one of ordinary skill in the art at the time the invention was made to cut the elongate fibers of the blank in the manner suggested by McKague.
With respect to claims 2 and 3, the reference to McKague taught that one would have cut the elongated fibers to the desired length and left others in an uncut configuration. Regarding claim 4, the reference to McKague taught that one would have used a roll cutting die to cut the blank therein. Regarding claim 5, the blank was clearly provided from a larger sheet of material from which it was cut therefrom. Regarding claim 6, as a function of the desired flexibility (stretch) of the blank, one skilled in the art would have provided the cuts in a manner to attain the same. Regarding claim 7, the cutting of the elongate fibers therein clearly intrinsically reduced the stiffness of the same. Regarding claim 8, the fibers of the preform blank are unidirectional fibers therein. Regarding claim 9, the filler formed in accordance with Gants was a triangular configuration therein. Regarding claim 11, the filler was clearly disposed in the gap of the beam to fill the same and the use of such a radius filler was well known at the time the invention was made.
Regarding claims 16-20, the combination suggested the claimed article therein including folding parallel to the unidirectional fibers and cutting the blank in the claimed fashion therein to form different length fibers in the assembly.
To further evidence that one skilled in the art would have provided the filler therein with a sinusoidal shape when making a sinusoidal beam therein, the reference to Gross et al is cited. Applicant is referred to Figures 5A, 5B and 6. Clearly, when forming a beam with a sinusoidal web, it would have been obvious to one of ordinary skill in the art at the time the invention was made to provide a sinusoidal radius filler for the beam as such was generally known in the art as expressed by Gross et al wherein the fibers of the filler would have been cut in order to provide the necessary flex to the fibers to facilitate formation of the sinusoidal shape as expressed by McKague in the method of making the radiused filler as taught by Gnats et al.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over the references as set forth above in paragraph 5 further taken with Canadian Patent 2650526.
The references as set forth above in paragraph 5 suggested that one “corrugated” a blank followed by shaping the same in order to form a triangular shaped noodle or fillet, however the references do not express that one skilled in the art would have provided for heating of the blank while shaping the same into the final shape therein. Gross suggested one heat during processing therein, however the blank shaped is not a corrugated blank. Canadian Patent ‘526 taught that it was known at the time the invention was made to heat a corrugated blank during the shaping operation (to make the shaping of the blank easier therein) when making a triangular fillet for a structural beam therein, see page 7, lines 4-16, page 8, lines 36-41, for example. As it would have made the shaping of the blank into the solid form easier, it would have been obvious to one of ordinary skill in the art at the time the invention was made to provide for heating the corrugated blank and shaping the heated blank therein as suggested by Canadian Patent ‘526 in the system and process of making a triangular radiused fillet as set forth above in paragraph 5.
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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE R KOCH whose telephone number is (571)272-5807. The examiner can also be reached by E-mail at george.koch@uspto.gov if the applicant grants written authorization for e-mails. Authorization can be granted by filling out the USPTO Automated Interview Request (AIR) Form.
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/GEORGE R KOCH/Primary Examiner, Art Unit 1745
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