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 .
Election/Restrictions
Claim 43 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/22/26.
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) 24-42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Raspic (US Pub. No. 2012/0248713) in view of McCarthy et al. (US Patent No. 10,202,183).
Regarding claim 24, the Raspic reference discloses an additively manufactured sealing component, comprising:
an elongated body (32) comprising:
a first recess (15) and a second recess (16) opposite from the first recess, the first recess and the second recess defining a center line (Fig. 14);
a first volume (e.g. left volume of 32) on a first side of the center line;
a second volume (e.g. right volume of 32) on a second side of the center line; and
a third volume (volume of 32 between channels 39) between the first recess and the second recess such that the center line runs through the third volume (Fig. 14);
wherein the first recess is outlined by a first recess opening (opening of 15), a first tip section (e.g. tip of 17) of the first volume, a second tip section (e.g. tip section of 18) of the second volume, and a first wall (e.g. bottom wall of 15) of the third volume;
wherein the second recess is outlined by a second recess opening (opening of 16), a third tip section (e.g. tip of 19) of the first volume, a fourth tip section (e.g. tip of 20) of the second volume, and a second wall of the third volume (e.g. top wall of 16).
However, the Raspic reference fails to explicitly disclose the elongated body comprises a thermoset polymer.
The McCarthy et al. (hereinafter McCarthy) reference, a seal, discloses making an elongated body of elastomer or a polymer (Col. 9, Lines 5-23).
It would have been obvious to one of ordinary skill in the art at the time of filing to make the Raspic reference of a polymer in view of the teachings of the McCarthy reference in order to allow for a seal that provides excellent sealing properties in different environments and since change in materials would provide predictable results.
MPEP 2113 Product-by-Process Claims states that "If the product in the product-by-process claim is that same as or obvious from a product of the prior art, the claim is unpatentable even though the prior art product was made by a different process." Claim 24 is anticipated by the modified Raspic reference. The process by which the polymer is made is not a patentable distinction.
Regarding claim 25, the Raspic reference, as modified in claim 24, discloses the first recess and the second recess are configured to each receive a panel having a thickness of one to ten times the size of the recess openings of the recesses (Raspic, Fig. 14).
Regarding claim 26, the Raspic reference, as modified in claim 24, discloses the first recess and the second recess extend the entire length of the elongated body (Raspic, Fig. 14).
Regarding claim 27, the Raspic reference, as modified in claim 24, discloses substantial portion of the elongated body has a uniform cross-sectional geometry (Raspic, Fig. 14).
Regarding claim 28, the Raspic reference, as modified in claim 24, discloses the elongated body has a porous structure (Raspic, Fig. 14).
Regarding claim 29, the modified Raspic reference discloses the invention substantially as claimed in claim 24.
However, the modified Raspic reference fails to explicitly disclose the first recess and the second recess are triangular.
It would have been obvious to one of ordinary skill in the art at the time of filing to make the recesses triangular, a change in the shape of a prior art device is a design consideration within the skill of the art and in order to accommodate a panel with a triangular projection. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding claim 30, the Rapsic reference, as modified in claim 24, discloses the first recess is configured such that upon receiving a panel having a thickness greater than the first recess opening, the first tip section, the second tip section, and the first wall secure the panel via a three-point-contact; and the second recess is configured such that upon receiving a panel having a thickness greater than the second recess opening, the third tip section, the fourth tip section, and the second wall secure the panel via a three-point-contact (Raspic, e.g. Fig. 3).
Regarding claim 31, the Raspic reference, as modified in claim 24, discloses the first recess is configured such that upon receiving a panel having a thickness greater than the first recess opening, the first tip section and the second tip section elastically deform to widen the first recess opening; and the second recess is configured such that upon receiving a panel having a thickness greater than the second recess opening, the third tip section and the fourth tip section elastically deform to widen the second recess opening (Raspic, Fig. 3).
Regarding claim 32, the Raspic reference, as modified in claim 24, discloses the third volume is compressible at least along the center line such that the distance between the first recess and a second recess is reduced when the third volume is compressed (Raspic, Fig. 3).
Regarding claim 33, the Raspic reference, as modified in claim 24, discloses the elongated body is configured to: receive a first panel in the first recess and a second panel in the second recess; wherein the distance between the first recess and the second recess is variable at least a minimum of twice a wall thickness of the sealing component (Raspic, e.g. Fig. 3).
Regarding claim 34-41, the Raspic reference, as modified in claim 24, discloses the sealing component. MPEP 2113 Product-by-Process Claims states that "If the product in the product-by-process claim is that same as or obvious from a product of the prior art, the claim is unpatentable even though the prior art product was made by a different process." Claim 24 is anticipated by the modified Raspic reference. The process by which the polymer is made is not a patentable distinction.
Regarding claim 42, the modified Raspic reference, discloses the invention substantially as claimed in claim 24, including using the sealing element in an aircraft component (Raspic, Fig. 1, Abstract). MPEP 2113 Product-by-Process Claims states that "If the product in the product-by-process claim is that same as or obvious from a product of the prior art, the claim is unpatentable even though the prior art product was made by a different process." Claim 24 is anticipated by the modified Raspic reference. The process by which the polymer is made is not a patentable distinction.
42. (New) An aircraft component, comprising: a first panel; a second panel; and an elongated seal component having: a first recess and a second recess opposite from the first recess, the first recess and the second recess defining a center line, the first recess securely coupled to the first panel, the second recess securely coupled to the second panel; a first volume on a first side of the center line; a second volume on a second side of the center line; and a third volume between the first recess and the second recess such that the center line runs through the third volume; wherein the first recess is outlined by a first recess opening, a first tip section of the first volume, a second tip section of the second volume, and a first wall of the third volume; wherein the second recess is outlined by a second recess opening, a third tip section of the first volume, a fourth tip section of the second volume, and a second wall of the third volume; wherein the elongated seal component comprises a thermoset polymer formed by: forming a reactive mixture by at least mixing at least a first co-reactive component and a second co-reactive component, the first co-reactive component comprising a thiol-terminated polythioether, the second co-reactive component including a polyvinyl ether; depositing the reactive mixture layer-by-layer to form the elongated seal component; and curing the deposited reactive mixture via an actinic radiation source.
Conclusion
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/GILBERT Y LEE/Primary Examiner, Art Unit 3675
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