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
Applicant has mended claims 1, 4, 6-8, 11, 12, 14 and 15 and cancelled claims 16 and 18-20. Independent claims 1 and 11 are amended to recite “the plurality of discrete continuous fiber reinforcements being spaced apart from each other…. filling the mold cavity with molten resin such that the molten resin surrounds the plurality of discrete continuous fiber reinforcements” The previous reference, Becker (DE 10 2016 003035 A1) used in the previous rejection of independent claims 1 and 11 under 35 U.S.C. § 102(a)(1) is now withdrawn as was determined and agreed from a previous discussion with the applicant regarding proposed amendments in an interview on February 17, 2025 (see summary in application file).
Applicant maintains that Becker does not disclose positioning a plurality of discrete continuous fiber reinforcements within a mold cavity and filling it with molten resin such that the molten resin surrounds the discrete fiber reinforcements. Instead, the polymer solution of Becker is injected into a mold cavity and then injects an agent (water) into the tubular preform such that the polymer solution is forced into and through the tubular preform into an outer shell of the mold cavity, but does not flow into the outer shell of the mold cavity and surround its tubular preform, as now recited.
The claims 5 and 13 that stand rejected under 35 U.S.C. § 103 over Becker in view of Matsunaga (JPH 05-329856 A) depend from claims 1 and 11, respectively, and are distinguished over Matsunaga for the same reasons as noted above. (Applicant Arguments/Remarks 03/17/2026 pp. 6-9).
The examiner responds by providing new grounds of rejection as necessitated by these amendments.
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.
Claim(s) 1-4, 6-12, 14-15 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rausch (DE 10 2015 015 619 B4) with machine translation in view of Becker (DE 10 2016 003 035 A1) with machine translation, of record.
Regarding Claim 1, Rausch discloses a method for forming a part (abs, paragraph [0006] manufacturing a plastic hollow profile) which includes
positioning a plurality of discrete continuous fiber reinforcements within a mold cavity of a mold (Fig. 1, paragraphs [0020] [0023] [0031] [0032] use several fiber inserts of the same reinforcing fibers for the plastic hollow profile; edge of the fiber insert projects continuously toward the further fiber insert; injection mold is where cavity is to be formed; plastic hollow profile – 1; two fiber inserts – 4 and 5 cavity – 3; fiber inserts – 4 and 5 are arranged in the injection mold) the plurality of discrete continuous fiber reinforcements being spaced apart from each other (Fig. 1 paragraph [0024] at least in one embodiment, the fiber inserts spaced apart from each other);
filling the mold cavity with molten resin such that the molten resin surrounds the plurality of discrete continuous fiber reinforcements (Fig. 1 paragraphs [0009] [0032] injection mold closed and plastic material injected into it with overmolding the melt core and the fiber insert with the plastic material; plastic hollow profile – 1 formed by overmold the melt core with fiber inserts – 4 and 5 preferably completely with the plastic material – 2).
However, Rausch teaches that the hollow profile is formed by the melt core being melted out of the hollow profile (paragraph [0032]) and not by injecting fluid to hollow a center portion of the molted resin.
Becker, in the same field of endeavor, discloses a method of forming a part using a plurality of continuous fiber reinforcements forming a single tubular preform (Figs. 1, 2, 3 paragraph [0052]) within a mold cavity (paragraph [0026]) and filling the mold cavity comprising the plurality of continuous fiber reinforcements with molten resin (paragraph [0026] plastic layer is injected through a mold opening and /or are guided to the mold cavity by liquid or electrically heated hot runner systems).
Becker further teaches a method step of injecting fluid into the mold cavity to hollow a center portion of the molten resin (abs, paragraphs [0003] [0020] fluid injection technology (FIT) fluid injected to blow out the still molten core with the plastic layer solidified on the tool wall forming outer contour. This creates a hollow body.).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to have modified the disclosure of Rausch with the teachings of Becker whereby a method of forming a part comprising and positioning a plurality of discrete continuous fiber reinforcements within a mold cavity and spaced apart from each other and filling the mold cavity such that a molten resin surrounds the plurality of discrete continuous fiber reinforcements, as disclosed by Rausch, would also include the teachings of Becker whereby a hollow center cavity is formed by injecting fluid into the mold cavity.
The skilled artisan would find this step advantageous because the hollow portion formed by injecting fluid into a molten resin blows out the still molten core and thereby creates greater structural reinforcement (paragraphs [0003] [0024] [0025] one or more plastic layers form compact layers around the fiber inserts).
Regarding Claim 2, the combination of Rausch and Becker disclose all the limitations of claim 1 and Becker further discloses the method comprises removing the fluid from the mold cavity after the hollow center portion is formed (Fig. 1C paragraph [0017]/3 elimination of the solvent/water mixture, which is subsequently aspirated from the cavity (14 or 14a)).
Regarding Claim 3, the combination of Rausch and Becker disclose all the limitations of claim 2 and Becker further discloses that the fluid is water (abs, paragraph [0003]) fluid (containing water) is injected).
Regarding Claim 4, the combination of Rausch and Becker disclose all the limitations of claim 1 and Rausch further discloses that the plurality of discrete continuous fiber reinforcements are unidirectional continuous fiber reinforcements (paragraph [0009]) and Rausch further discloses wherein the discrete continuous fiber reinforcements may be selected individually or in combination from the following fibers: glass fiber, carbon fiber, metallic fiber, and/or natural fiber (paragraph [0033]).
Regarding Claim 6, the combination of Rausch and Becker disclose all the limitations of claim 1 and Rausch further discloses that the plurality of discrete continuous fiber reinforcements are secured within the mold cavity by retaining features (Fig. 1 paragraph [0023] edge of the fiber insert projects continuously toward the further fiber insert and these can touch and/or overlap at least in certain areas edges – 6 and 7.).
Regarding Claim 7, the combination of Rausch and Becker disclose all the limitations of claim 1 and Rausch further discloses that the plurality of discrete continuous fiber reinforcements are solid, unidirectional continuous fiber reinforcements (Fig. 1 paragraph [0033] fiber inserts – 4 and 5 can be in particular unidirectionally reinforced tapes).
Regarding Claim 8, the combination of Rausch and Becker disclose all the limitations of claim 1 and Rausch further discloses that the plurality of discrete continuous fiber reinforcements are spaced apart from each other within the mold cavity (Fig. 1 paragraph [0024]) fiber insert and the further fiber insert are spaced apart from each other).
Regarding Claim 9, the combination of Rausch and Becker disclose all the limitations of claim 1 and Rausch further discloses that the method comprises injection molding (paragraph [0031])
Regarding Claim 10, the combination of Rausch and Becker disclose all the limitations of claim 1 and Becker further discloses that the method includes positioning a projectile within the mold cavity, wherein the fluid injected into the mold cavity moves the projectile through the mold cavity to form the hollow center portion in the molten resin (Fig. 3. paragraphs [0059] [0060] projectile – 17, injection of the precipitating agent/water (19-3) into the chamber (18), whereby the projectile is advanced to the end of the mold cavity (17a)).
Regarding Claim 11, Rausch discloses a method for forming a part (abs, paragraph [0006] manufacturing a plastic hollow profile) which includes
positioning a plurality of discrete continuous fiber reinforcements within a mold cavity of a mold (Fig. 1, paragraphs [0020] [0023] [0031] [0032] use several fiber inserts of the same reinforcing fibers for the plastic hollow profile; edge of the fiber insert projects continuously toward the further fiber insert; injection mold is where cavity is to be formed; plastic hollow profile – 1; two fiber inserts – 4 and 5 cavity – 3; fiber inserts – 4 and 5 are arranged in the injection mold), the discrete continuous fiber reinforcements positioned at or near a perimeter of the mold cavity and spaced apart from each other; (Fig. 1 paragraphs [0022] [0024] after the plastic hollow profile has been manufactured the fiber insert forms a bottom area and the other fiber insert forms a top area and at least in one embodiment, the fiber inserts spaced apart from each other);
filling the mold cavity with molten resin such that the molten resin surrounds the plurality of discrete continuous fiber reinforcements (Fig. 1 paragraphs [0009] [0032] injection mold closed and plastic material injected into it with overmolding the melt core and the fiber insert with the plastic material; plastic hollow profile – 1 formed by overmolding the melt core with fiber inserts – 4 and 5 preferably completely with the plastic material – 2).
However, Rausch teaches that the hollow profile is formed by the melt core being melted out of the hollow profile (paragraph [0032]) and not by injecting fluid to hollow a center portion of the molted resin.
Becker, in the same field of endeavor, discloses a method of forming a part using a plurality of continuous fiber reinforcements forming a single tubular preform (Figs. 1, 2, 3 paragraph [0052]) within a mold cavity (paragraph [0026]) and filling the mold cavity comprising the plurality of continuous fiber reinforcements with molten resin (paragraph [0026] plastic layer is injected through a mold opening and /or are guided to the mold cavity by liquid or electrically heated hot runner systems).
Becker further teaches the method step of injecting fluid into the mold cavity to hollow a center portion of the molten resin (abs, paragraphs [0003] [0020] fluid injection technology (FIT) fluid injected to blow out the still molten core with the plastic layer solidified on the tool wall forming outer contour. This creates a hollow body.).
removing the water from the mold cavity after the hollow center portion is formed (Fig. 1C paragraph [0017]/3 elimination of the solvent/water mixture, which is subsequently aspirated from the cavity (14 or 14a)).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to have modified the disclosure of Rausch with the teachings of Becker whereby a method of forming a part comprising and positioning a plurality of discrete continuous fiber reinforcements within a mold cavity spaced apart from each other and filling the mold cavity such that a molten resin surrounds the plurality of discrete continuous fiber reinforcements, as disclosed by Rausch, would also include the teachings of Becker whereby a hollow center cavity is formed by injecting fluid into the mold cavity and that this water is removed from the mold cavity after the hollow center portion is formed, as taught by Becker.
The skilled artisan would find this step advantageous because the hollow portion formed by injecting fluid into a molten resin blows out the still molten core and thereby creates greater structural reinforcement (paragraphs [0003] [0024] [0025] one or more plastic layers form compact layers around the fiber inserts). Removing the water exposes structural formations such as micro or macropores (paragraph [0019]).
Regarding Claim 12, the combination of Rausch and Becker disclose all the limitations of claim 11 and Rausch further discloses that the plurality of discrete continuous fiber reinforcements are unidirectional continuous fiber reinforcements (paragraph [0009]) and Rausch further discloses wherein the discrete continuous fiber reinforcements may be selected individually or in combination from the following fibers: glass fiber, carbon fiber, metallic fiber, and/or natural fiber (paragraph [0033]).
Regarding Claim 14, the combination of Rausch and Becker disclose all the limitations of claim 11 and Rausch further discloses that the plurality of discrete continuous fiber reinforcements are secured within the mold cavity by retaining features (Fig. 1 paragraph [0023] edge of the fiber insert projects continuously toward the further fiber insert and these can touch and/or overlap at least in certain areas edges – 6 and 7.).
Regarding Claim 15, the combination of Rausch and Becker disclose all the limitations of claim 11 and Rausch further discloses that the plurality of discrete continuous fiber reinforcements are solid, unidirectional continuous fiber reinforcements (Fig. 1 paragraph [0033] fiber inserts – 4 and 5 can be in particular unidirectionally reinforced tapes).
Regarding Claim 17, the combination of Rausch and Becker disclose all the limitations of claim 11 and Becker further discloses that the method includes positioning a projectile within the mold cavity, wherein the fluid injected into the mold cavity moves the projectile through the mold cavity to form the hollow center portion in the molten resin (Fig. 3. paragraphs [0059] [0060] projectile – 17, injection of the precipitating agent/water (19-3) into the chamber (18), whereby the projectile is advanced to the end of the mold cavity (17a)).
Claim(s) 5 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rausch (DE 10 2015 015 619 B4) with machine translation in view of Becker (DE 10 2016 003 035 A1) with machine translation, of record, as applied to claims 1 and 11, respectively above, and further in view of Matsunaga (JPH 05-329856 A) with machine translation, of record.
Regarding Claims 5 and 13, the combination of Rausch and Becker disclose all the limitations of claims 1 and 11, respectively, but do not disclose that the molten resin and the fluid are injected into the mold cavity from a first side and a second side that are opposite from each other.
In an analogous art, Matsunaga discloses a method and device for internal pressure molding of a cylindrical hollow product of fiber-reinforced resin (abs).
In at least one embodiment, Matsunaga discloses that molten resin is inserted into the mold cavity from a first side of the mold (Figs 1, 3, 4 paragraph [0027] an openable and closable valve – 9 is inserted into the other joint member – 7) and the fluid is injected into the mold cavity from a second side of the mold that is opposite the first side (paragraphs [0019] [0027] a pressurized fluid injection nozzle is connected to one open end of the cylinder and an openable and closable valve is connected to the other open end of the cylinder; a nozzle – 8 connected to a nitrogen gas supply is inserted into one of the joint members – 6 and an openable and closable valve – 9 is inserted into the other joint member – 7).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to have modified the combination of Rausch and Becker with the teaching of Matsunaga whereby a method of forming a part comprising filling a mold cavity with a plurality of continuous fiber reinforcements with molten resin and injecting fluid into the mold cavity to hollow a center portion of the molten resin, as disclosed by Rausch/Becker, would also include the feature of the molten resin being inserted into the mold cavity from a first side of the mold and the fluid is injected into the mold cavity from a second side of the mold that is opposite the first side, as taught by Matsunaga.
One with ordinary skill in the art would be motivated to use this feature of injecting molten resin and fluid and opposite sides because the injection fluid acts as a cooling medium (water or inert gas as indicated in Becker (abs)), and this would not only form the hollow center portion but also rapidly cool the molded product without interference from the injection of the molten resin (paragraph [0019]).
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 WAYNE K. SWIER whose telephone number is (571)272-4598. The examiner can normally be reached M-F generally 8:30 am - 5:30 pm PST.
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, Abbas Rashid can be reached at 571-270-7457. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/WAYNE K. SWIER/Examiner, Art Unit 1748
/Abbas Rashid/Supervisory Patent Examiner, Art Unit 1748
Prosecution Insights