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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 15-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
“During examination, after applying the broadest reasonable interpretation to the claim, if the metes and bounds of the claimed invention are not clear, the claim is indefinite and should be rejected. Parkard, 752 F .3d at 1310.”
“If the language of a claim, given its broadest reasonable interpretation, is such that a person of ordinary skill in the relevant art would read it with more than one reasonable interpretation, then a rejection under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C 112, second paragraph is appropriate.” (MPEP 2173.02, I).
The claim looks ambiguous regarding an arrangement of a nonwoven fabric within the composite structure. The FRP layer could be an intermediate layer disposed between the foam material and the non-woven fabric. This does not seem within the scope of the claimed invention. In view of the Applicant’s disclosure, the nonwoven fabric is disposed between the FRP layer and the foam material. Since the arrangement of the nonwoven fabric within the composite structure could be interpreted with more than one reasonable interpretation, and said more than one reasonable interpretation going beyond the scope of the claimed invention, the claim is rendered indefinite.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0260858 to Wylezinski (hereinafter “Wylezinski”) in view of US 2022/0177162 to Hessenberger et al. (hereinafter “Hessenberger”).
As to claims 1, 4, and 8, Wylezinski discloses a preform comprising
a foam core 202;
a permeable intermediate layer 204 surrounding the foam core; and
an outer fiber-reinforced polymer (FRP) layer 206 surrounding the permeable intermediate layer (paragraph 32). The outer FRP layer reads on the claimed core FRP layer.
The intermediate layer is sufficiently porous to at least partially receive foam from the foam core and the polymer matrix from the FRP layer. The intermediate layer is stitched to the FRP layer to ensure proper attachment and to prevent shifting and/or bunching. The intermediate layer is a nonwoven fabric with continuous or chopped fibers (paragraph 32).
Wylezinski also discloses a composite structure 200 comprising the preform disposed between two additional layers of the FRP 206 (paragraph 32 and figure 2).
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As shown in figure 2, Wylezinski teaches a composite wall 126L of a cargo body comprising the composite structure 200 disposed between inner and outer skin layers 210 and 220, and gel coat layers 214, 224 provided on the inner and outer skin layers. An electrical grid is embedded within the skin layer which is between the core layer 200 and the gel coat.
The cargo body includes a power source, a control system, an electrical component in communication with the power source, and electrical sensors in communication with the control system (paragraphs 23 and 24). The electrical sensors include a thermocouple, a moisture sensor, a GPS sensor and a load sensor (paragraph 24). The electrical grid is configured to perform at least one of the following functions:
distributing power from the power source to the electrical component;
communicating a signal from the sensor to the control system; and
detecting a puncture in the composite panel (paragraphs 48 and 49).
Wylezinski does not explicitly disclose the electrical sensors which are wireless sensors and positioned within the foam core and coupled to an inner surface of the core FRP layer.
Hessenberger, however, discloses a cushion for an aircraft seat comprising a plastic foam and a sensor system embedded in the plastic foam (paragraph 39, figure 5A). The sensor system is integrated to the foam layer during production. Integral insertion between laminate layers or foam layers is possible (paragraph 39). The sensor system is attached to or onto the foam layer using an adhesive (paragraph 46). The sensor system includes sensors for pressure measurement, strain measurement, force measurement, deflection measurement, and/or temperature measurement (paragraphs 22 and 110). The sensor system includes antennas and thus is a wireless sensor (paragraph 31).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to place a wireless sensor disclosed in Hessenberger within the intermediate layer of the nonwoven fabric disclosed in Wylezinski motivated by the desire to obtain an ease of installation without the need for physical wiring, thereby reducing the cost of installation.
The combined teachings of Wylezinski and Hessenberger result in a preform where a wireless sensor is embedded within the intermediate layer. During foaming process, the intermediate layer is sufficiently porous to at least partially receive foam from the foam core and the polymer matrix from the FRP layer. Hence, the wireless sensor is attached to an inner surface of the intermediate layer so that it contacts the core FRP layer via pores of the intermediate layer during the production of the preform.
As to claim 2, Wylezinski discloses that the cargo body includes one of a trailer, a van, a train and a boat (figure 1).
As to claim 3, Wylezinski discloses that the foam core 202 is coupled to the inner surface of the core FRP layer 206 via the intermediate layer 204 (paragraph 32, and figure 2).
As to claim 5, Wylezinski discloses a composite left wall 126L of a cargo body comprising the composite structure 200 disposed between inner and outer skin layers 210 and 220, and a gel coat 214, 224 provided on each skin layer.
As to claim 6, Wylezinski discloses that a control system of the cargo body is communicatively coupled to the sensor wherein the control system is configured to received and process signals transmitted by the sensor (paragraphs 23, 24, and 50).
As to claim 7, Wylezinski discloses that the composite structure is a single, unitary structure (paragraph 26).
As to claim 9, Wylezinski discloses that the FRP layer includes a polymer matrix reinforced with a fiberglass fabric (paragraph 31).
As to claim 10, Wylezinski discloses that the permeable intermediate layer is a nonwoven fabric (paragraph 32).
As to claim 11, Wylezinski discloses that the electrical sensors include a thermocouple, a moisture sensor, a GPS sensor and a load sensor (paragraph 24). Wylezinski does not explicitly disclose the electrical sensors which are wireless sensors.
Hessenberger, however, discloses a cushion for an aircraft seat comprising a plastic foam and a sensor system embedded in the plastic foam (paragraph 39, figure 5A). The sensor system is integrated to the foam layer during production. Integral insertion between laminate layers or foam layers is possible (paragraph 39). The sensor system is attached to or onto the foam layer using an adhesive (paragraph 46). The sensor system includes sensors for pressure measurement, strain measurement, force measurement, deflection measurement, and/or temperature measurement (paragraphs 22 and 110). The sensor system includes antennas and thus is a wireless sensor (paragraph 31).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to place wireless sensors disclosed in Hessenberger within the intermediate layer of the nonwoven fabric disclosed in Wylezinski motivated by the desire to obtain an ease of installation without the need for physical wiring, thereby reducing the cost of installation.
As to claim 12, Wylenzinski discloses that the intermediate layer is stitched to the FRP layer to ensure proper attachment and to prevent shifting and/or bunching (paragraph 32).
As to claim 13, Wylenzinski discloses that the foam core comprises a polyurethane foam (paragraph 30).
As to claim 14, Wylenzinski does not explicitly disclose the wireless sensor being attached to the inner surface of the intermediate layer via adhesive.
Hessenberger, however, discloses a cushion for an aircraft seat comprising a plastic foam and a sensor system embedded in the plastic foam (paragraph 39, figure 5A). The sensor system is integrated to the foam layer during production. Integral insertion between laminate layers or foam layers is possible (paragraph 39). The sensor system is attached to or onto the foam layer using an adhesive (paragraph 46).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to attach the wireless sensor disclosed in Hessenberger to the intermediate layer of Wylezinski using an adhesive motivated by the desire to improve adhesion strength.
As to claim 15, Wylezinski discloses a method of forming a preform comprising:
providing a FRP layer and a porous nonwoven fabric;
providing foam material to the porous nonwoven fabric; and
curing the foam material such that the foam material and the polymer matrix of FRP layer penetrate into the pores of the nonwoven fabric (paragraphs 32).
Wylezinski further discloses that the preform can be sized and shaped in a manner that accommodates the needs of the particular application. The preform can be relatively large or small in size depending on its end use (paragraph 33). This is a clear indication that the method of forming a preform must include a step of cutting the preform to a predetermined size to accommodate the needs of the particular application.
Wylezinski discloses that the cargo body includes a power source, a control system, an electrical component in communication with the power source, and electrical sensors in communication with the control system (paragraphs 23 and 24). The electrical sensors include a thermocouple, a moisture sensor, a GPS sensor and a load sensor (paragraph 24).
Wylezinski does not explicitly disclose the electrical sensors which are wireless sensors and positioned within the nonwoven fabric.
Hessenberger, however, discloses a cushion for an aircraft seat comprising a plastic foam and a sensor system embedded in the plastic foam (paragraph 39, figure 5A). The sensor system is integrated to the foam layer during production. Integral insertion between laminate layers or foam layers is possible (paragraph 39). The sensor system is attached to or onto the foam layer using an adhesive (paragraph 46). The sensor system includes sensors for pressure measurement, strain measurement, force measurement, deflection measurement, and/or temperature measurement (paragraphs 22 and 110). The sensor system includes antennas and thus is a wireless sensor (paragraph 31).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to attach a wireless sensor disclosed in Hessenberger within the nonwoven fabric of Wylezinski motivated by the desire to obtain an ease of installation without the need for physical wiring, thereby reducing the cost of installation.
As to claim 16, Wylezinski discloses that the foam material is a self-curing material (paragraph 30).
As to claim 17, Wylenzinski does not explicitly disclose the wireless sensor being attached to the inner surface of the intermediate layer using an adhesive.
Hessenberger, however, discloses a cushion for an aircraft seat comprising a plastic foam and a sensor system embedded in the plastic foam (paragraph 39, figure 5A). The sensor system is integrated to the foam layer during production. Integral insertion between laminate layers or foam layers is possible (paragraph 39). The sensor system is attached to or onto the foam layer using an adhesive (paragraph 46).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to attach the wireless sensor disclosed in Hessenberger to the intermediate layer of Wylezinski using an adhesive motivated by the desire to improve adhesion strength.
As to claim 18, Wylenzinski discloses a composite structure 200 comprising the preform disposed between two additional layers of the FRP 206 (paragraph 32 and figure 2).
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As to claim 19, Wylezinski teaches a composite wall 126L of a cargo body comprising the composite structure 200 disposed between inner and outer skin layers 210 and 220, and gel coat layers 214, 224 provided on the inner and outer skin layers.
As to claim 20, Wylezinski discloses that the electrical sensors include a thermocouple, a moisture sensor, a GPS sensor and a load sensor (paragraph 24). Wylezinski does not explicitly disclose a plurality of wireless sensors attached to the nonwoven fabric.
Hessenberger, however, discloses a cushion for an aircraft seat comprising a plastic foam and a sensor system embedded in the plastic foam (paragraph 39, figure 5A). The sensor system is integrated to the foam layer during production. Integral insertion between laminate layers or foam layers is possible (paragraph 39). The sensor system is attached to or onto the foam layer using an adhesive (paragraph 46). The sensor system includes sensors for pressure measurement, strain measurement, force measurement, deflection measurement, and/or temperature measurement (paragraphs 22 and 110). The sensor system includes antennas and thus is a wireless sensor (paragraph 31).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to place a plurality of wireless sensors disclosed in Hessenberger within the nonwoven fabric of Wylezinski motivated by the desire to obtain an ease of installation without the need for physical wiring, thereby reducing the cost of installation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hai Vo whose telephone number is (571)272-1485. The examiner can normally be reached M-F: 9:00 am - 6:00 pm with every other Friday off.
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/Hai Vo/
Primary Examiner
Art Unit 1788