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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 20-29, in the reply filed on 12/31/2025 is acknowledged.
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 20 and dependent claims 21-29 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. It is not clear what the structural relationship is for the distributor space compared to the vacuum film and the gas-permeable but matrix material-impermeable membrane and the spacer fabric. Additionally, the at least one ply of flow medium is claimed to be above the tear-off fabric as first ply and also as over fibre ply 4a. It is not clear the order of the layers and the structural relationship of the layers. As the claim recites:
at least one ply of a tear-off fabric (10) as first ply,
above that at least one ply of a flow medium (12),
and above that at least one ply of a vacuum film (14),
wherein the at least one ply of the flow medium (12) can be arranged in a distributor space (16) for distribution of the matrix material (6) over a fibre ply (4a) of a fibre material,
the distributor space (16) is delimited on the side facing away from the fibre composite component (8) by the vacuum film (14),
and a ply of a spacer fabric (20),
wherein the spacer fabric (20) is arranged between the matrix material-impermeable membrane (18) and the vacuum film (14),
and wherein the space filled by the spacer fabric (20) forms a suction space (22), which is sealed in a matrix material-tight manner with respect to the distributor space (16).
It is further not clear what the scope of a ply of flow medium is.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 22 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 22 recites that the preform patch additionally has a fiber play (4a) of a fiber material as first ply above that at least one ply of a tear-off fabric (1), above that at least one ply of flow medium and one ply of a vacuum film. The elements of claim 21 are presented in claim 20 and are not additional elements. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 20-24 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Utecht et al (WO 2009092543).
Claim 1 recites:
A preform patch (2)
for subsequent reinforcement of a fibre composite component (8) comprising
at least one fibre ply (4) of a fibre material
and a matrix material (6) of a fibre composite,
in which the fibre ply (4) of a fibre material is embedded,
wherein the preform patch (2) has at least one ply (10) of a tear-off fabric (10),
characterized in that the preform patch (2) has,
on its side facing the surface of the fibre composite component (8),
at least one ply of a tear-off fabric (10) as first ply,
above that at least one ply of a flow medium (12),
and above that at least one ply of a vacuum film (14),
wherein the at least one ply of the flow medium (12) can be arranged in a distributor space (16) for distribution of the matrix material (6) over a fibre ply (4a) of a fibre material,
the distributor space (16) is delimited on the side facing away from the fibre composite component (8) by the vacuum film (14),
and the preform patch (2)
has a gas-permeable but matrix material-impermeable membrane (18)
and a ply of a spacer fabric (20),
wherein the spacer fabric (20) is arranged between the matrix material-impermeable membrane (18) and the vacuum film (14),
and wherein the space filled by the spacer fabric (20) forms a suction space (22), which is sealed in a matrix material-tight manner with respect to the distributor space (16).
Utecht is directed to a multilayer, flexible planar material for delimiting a matrix supply chamber during the production of fiber-reinforced plastic components made of fiber composite semifinished products comprises a multifunction laminate (40), which comprises a diaphragm (41), a textile layer (42), which is laminated on the diaphragm, and a spacer layer (43), which is disposed on the textile layer (42) (ABST).
Utecht teaches the assembly of structure 5, fiber composite semifinished product 1, membrane 7 with seal 9 and tear-off fabric 13 and flow aid 15 is covered with a film 19, which is gas-impermeable. This is sealed around the circumference of the membrane 7 with a seal 21 on the tool 3, so that the space 27 formed by the surface 23 of the tool 3 and the inner wall of the film 19 is sealed to the environment. Between the film 19 and the membrane 7, a spacer layer in the form of a fan fabric 32 is inserted, which e.g. a glass fabric, a non-woven or the like can be. This fan fabric 32 has the function, among other things through the membrane 7 out of the space 27 exhausted air and gases to conduct along the membrane surface, while keeping the film 19 at a distance from the membrane 7, when the space by means of a vacuum pump 29 and a corresponding, leading into the interior space 27 gas line 31 is evacuated (machine translation page 4, last para; page 5, first para).
Utecht teaches, based on Figure 2, a first embodiment of the sheet material according to the invention will be described below. This surface material is a multifunctional laminate 40, which performs the functions of the membrane 7 described in FIG. 1 and of the fan fabric 32. The multifunctional laminate 40 consists of a membrane 41, a textile layer 42 and a spacer layer 43 (page 7, para 1-5).
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The membrane 41 laminated textile layer 42 serves primarily to reinforce the membrane 41, the textile layer 42 may consist of a woven, knitted, non-woven or knitted fabric. As material for the textile layer 42 In particular, polyester, polyamide, aramid or polypropylene can be used. In any case, the textile layer is 42 formed such that the gas permeability of the membrane 41 is not influenced in an undesirable way. The connection between the membrane 41 and the textile location 42 can be done by a lamination process using a moisture-crosslinking PU adhesive system or conventional thermal adhesive. The adhesive can also be applied punctiform to the gas permeability of the membrane 41 as little as possible (page 7, para 4).
As shown in Fig. 1 there is semipermeable membrane 7, which is permeable to gas but prevents the passage of the matrix material and there is a tear-off fabric 13 (page 4, last para).
Utecht teaches the production of fiber-reinforced plastic components made of fiber composite semifinished products comprises a multifunction laminate (40). The fiber reinforced plastic components are called preforms made from dry fiber composite semi-finished product can be present as a woven fabric, as multiaxial fabric or warp reinforced unidirectional semifinished products. The method is called resin film infusion (RFI), however the vacuum assisted process (VAP) offers considerable advantage over the processes in which autoclaves are used wherein there is a membrane, a spacer layer and the gas impermeable film (page 2, para 5).
The device in Fig. 1 shows a component to be produced or dry fiber composite semifinished product 1 which is arranged on a tool 3, for example by means of a structure 5. The component or laminate may be a plastic component made of carbon fibers (CFRP), glass fibers (GRP), aramid fibers (AFK), boron fibers (BFK) or hybrid materials and in particular for the production of rigid and stiffened, large-scale planking fields, plastic tools or shank repairs of damaged FVW Components are used (page 2, para 1-3).
The components or laminate (1) is equated with the at least one fiber ply.
The fiber ply/plies are coated with a semipermeable membrane 7, which is permeable to gas but impermeable to the passage of matrix and the membrane 7 is equated with the membrane (18). Between component 1 (fiber plies) and membrane 7 (claimed membrane 18) a tear-off fabric is employed and a flow aid. The tear-off fabric is equated with the tear-off fabric claimed and the flow aid is equated with the flow medium (12) that is claimed. The flow aid can be a grid or stiff fabric and equated with a ply. As the matrix enters the space, this is equated with the distributor space claimed.
Then the assembly structure 5, fiber composite semifinished product 1, membrane 7 and tear-off fabric 13 and flow aid 15 is covered with film 19 which is gas permeable. Film 19 is equated with the vacuum film (14) claimed. Between the film 19 and the membrane 7 a spacer layer in the form of fan fabric 32 is inserted and the spacer layer 32 is equated with the spacer fabric 20 as claimed.
The space that is sealed in the area of the spacer fabric of Utecht is equated with the suction space (25) (page 5, para 4).
Utecht teaches the claimed layers for producing a preform patch. Wherein the names and descriptions of the layers are slightly different, the claims are obvious in view of Utecht. It would have been obvious to one of ordinary skill in the art before the effective filing date to produce a preform patch of fibrous plies and matrix material utilizing a vacuum film, gas permeable, matrix impermeable membrane and a spacer fabric with distribution space motivated to produce a preform patch with even distribution of matrix in the preform.
As to claim 21, Utecht teaches the claimed order and layers as noted in claim 20.
As to claim 22, Utecht teaches the layers can be sealed at the peripheral surface 8 which is equated at least one edge region of the flow medium (page 4, para 9) and overlaps with the fiber composite and the membrane as claimed.
As to claim 23, Utecht teaches a process and apparatus that has an inlet, matrix supply line 33, for the matrix material and suction connection (31) for evacuated by the vacuum pump (page 5, para 3 and 4).
As to claim 24, Utecht teaches the membrane and spacer fabric is some regions of the apparatus.
As to claim 29, Utecht teaches a method and apparatus for forming a preform patch. Utecht differs and does not teach the preform patch is stored in a roll form.
It would have been obvious to one of ordinary skill in the art before the effective filing date to store a preform patch in a roll form motivated to wrap and store for a subsequent use.
Claims 25-27 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Utecht et al (EP3299154 cited as WO 2009092543) in view of Perrillat-Collomb et al (EP3299154 cited as US202103311430).
As to claims 25-27, Utecht teaches the entry of the matrix material at point 33 at a plane of the spacer fabric and travels along that plane and does not have another plane.
Perrillat-Collomb is directed to a device for producing fiber reinforced composite components by means of an injection process for injecting curable matrix material, comprising
a. a tool for arranging a dry fibre component;
b. an envelope which is impermeable to gas and curable matrix material arranged on at least one side of the tool to form a space into which curable matrix material may be introduced to contact a dry fibre component arranged on the tool, the envelope sealing off the tool from the environment;
c. an inlet for introducing curable matrix material into the space formed by the envelope;
d. an outlet for removing gas from the space formed by the envelope so that curable matrix material may be drawn into the space to penetrate the dry fibre component arranged on the tool; and
e. a patch formed from a membrane which is permeable to gas but impermeable to curable matrix material, the patch being associated with the outlet so that gas, but not curable matrix material, can be removed from the space formed by the envelope via the outlet; wherein the association between the outlet and the patch is stable at temperatures of at least 150° C (ABST).
There is an outlet 27 that is located at top of the device, see Fig. 1 [0087]. The inlets are 15 and on the side [0085] and in a different plane.
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It would have been obvious to one of ordinary skill in the art before the effective filing date to have the inlet and outlet of the matrix and vents in different planes motivated to produce a preform that is shaped and not planar.
As to claim 28, Utech does not teach the vacuum film has two plies separated from one another by a suction web arranged between them
Perrillat-Collomb teaches the device 1 further includes layers of flow mesh 17 positioned between the dry fibre component 5 and the tool 3, the additional shaping components 7 and the vacuum foil 13. A layer of microperforated foil (not shown) may optionally be present between the dry fibre component 5 and the layer of flow mesh 17 adjacent to the tool 3. Layers of peel ply 21 are also present on the upper and lower surfaces of the dry fibre component 5 [0086].
The device 1 further comprises a wrap 25 positioned above the dry fibre component 3 and forming an outlet 27 in the device 1. The wrap 25 is formed as a sealed tube of a gas permeable but curable matrix material impermeable membrane 29. The wrap 25 encloses a breather material 31 and may also enclose a layer of flow mesh 17 [0087].
As illustrated in FIG. 2, the wrap 25 of the device 1 may be formed either from a single piece of gas permeable but curable matrix material impermeable membrane 29 or from a section of gas permeable but curable matrix material impermeable membrane 29 and a section of gas and curable matrix material impermeable material 33. These materials are initially formed into a hollow tube 35 by seals 37, and breather material 31 and a vacuum port 39 are inserted into the hollow tube 35. The ends of the hollow tube 35 are then further sealed 37 to form a fully sealed wrap 25. The seals 37 are all stable at temperatures of at least 180° C., and may be formed, for example, by thermoforming at suitable temperatures [0088].
The wrap 25 insures there is no loss of curable matrix material via the vacuum line.
The wrap 25 with the flow web mesh is equated with two plies separated from one another by a suction web.
It would have been obvious to one of ordinary skill in the art before the effective filing date to employ two plies of vacuum film with a ply of flow mesh or suction web motivated to insure no loss of matrix out of the vacuum port.
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Utecht et al (WO 2009092543) in view of Wilson et al (GB 2316036).
As to claim 29, Utecht teaches a method and apparatus for forming a preform patch. Utecht differs and does not teach the preform patch is stored in a roll form.
Wilson is directed a reinforcing fibre lay up assembly (7) is subjected to liquid resin impregnation in a sealed enclosure formed by an elastomeric bagging blanket (9) which cooperates with a hard base tool (3) to form the sealed enclosure (11) (ABST). The prepreg is stored in rolls with separation film typically at -180C. The storage is done in the event lamination on the tooling occurs directly after the formation of the prepregs (page 3, first paragraph).
It would have been obvious to one of ordinary skill in the art before the effective filing date to store the prepreg in rolls motivated to complete the lamination step at a later time.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER A STEELE whose telephone number is (571)272-7115. The examiner can normally be reached 9-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached at 571-270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER A STEELE/Primary Examiner, Art Unit 1789
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