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 .
DETAILED ACTION
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 17-18 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 pre-AIA the applicant regards as the invention.
Claims 17-18 recite the limitation "the partial curing process". There is insufficient antecedent basis for this limitation in the claims. It is suggested to define the partial curing process earlier in the claims.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-10 and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baranda et al (US 2003/0092524, already of record).
For claims 1 and 10, Baranda et al teach a method for fabricating a composite structural member, the method comprising: positioning each fiber strand included in one or more fiber strands at a respective location within a mold cavity of a polymer mold; exerting a tensile force on each fiber strand included in the one or more fiber strands (Fig. 4, [0034]); filling the mold cavity with a fluid that includes a thermoplastic polymer ([0020], [0038]); and curing the fluid within the mold cavity while the tensile force continues to be exerted on each fiber strand included in the one or more fiber strands ([0034], [0054]).
For claims 2-5, Baranda et al teach a fiber-positioning plate is used to position each fiber strand included in the one or more fiber strands at the respective location within the mold cavity; positioning each fiber strand included in the one or more fiber strands at the respective location within the mold cavity comprises routing the fiber strand through a respective opening in the fiber-positioning plate; each fiber strand included in the one or more fiber strands, when positioned at the respective location, does not contact another fiber strand included in the one or more fiber strands; and each respective location within the mold cavity comprises a location between an inner surface of the mold cavity and a center axis of the mold cavity (Fig. 5, [0046]).
For claims 6-7, Baranda et al teach filling the mold cavity with the fluid comprises causing the fluid to flow into the mold cavity as a cured segment of the composite structural member is removed from the mold cavity; and filling the mold cavity with the fluid comprises causing the fluid to flow into the mold cavity after a cured segment of the composite structural member has been removed from the mold cavity (Figs 4 & 5, [0038], [0054]).
For claim 8, Baranda et al teach exerting the tensile force on each fiber strand included in the one or more fiber strands comprises exerting the tensile force on a cured segment of the composite structural member that is adjacent to the mold cavity ([0034], [0054]).
For claim 9, Baranda et al teach each fiber strand included in the one or more fiber strands comprises a braid of multiple fibers ([0032]).
For claim 15, Baranda et al teach curing the fluid within the mold cavity comprises cooling the fluid within the mold cavity to a solidification temperature of the fluid ([0054]).
For claim 16, Baranda et al teach curing the fluid within the mold cavity comprises: performing a pre-curing process on the fluid within the mold cavity to form a pre-cured segment of the composite structural member; removing the pre-cured segment from the mold cavity; and after removing the pre-cured segment from the mold cavity, performing a surface shaping operation on the pre-cured segment (Fig. 6, [0049]-[0050], [0054]).
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 13-14 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Baranda et al (US 2003/0092524, already of record) in view of Toyota Motor Europe (WO 2021/244750, already of record).
Baranda et al teach the invention as discussed above.
Baranda et al do not teach prior to positioning each fiber strand included in the one or more fiber strands at the respective location within the mold cavity, impregnating each fiber strand included in the one or more fiber strands with a resin; the partial curing process comprises initiating polymerization of the fluid in a region of the mold cavity that corresponds to a core region of the composite structural member; the partial curing process comprises causing polymerization of the fluid via at least one of microwaves directed to a center region of the mold cavity, ultra-violet rays directed to the center region of the mold cavity, or infra-red rays directed to the center region of the mold cavity; after curing the fluid within the mold cavity, removing a cured segment of the composite structural member from the mold cavity; and performing a bending operation on the cured segment.
However, in a related field of endeavor pertaining to manufacturing of fiber reinforced UV cured resin parts, Toyota Motor Europe teaches impregnating each fiber strand included in the one or more fiber strands with a resin; the partial curing process comprises causing polymerization of the fluid via ultra-violet rays; after curing the fluid, removing a cured segment of the composite structural member; and performing a bending operation on the cured segment (Fig. 1, Abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Toyota Motor Europe with those of Baranda et al by prior to positioning each fiber strand included in the one or more fiber strands at the respective location within the mold cavity, impregnating each fiber strand included in the one or more fiber strands with a resin; having the partial curing process comprise initiating polymerization of the fluid in a region of the mold cavity that corresponds to a core region of the composite structural member; having the partial curing process comprise causing polymerization of the fluid via ultra-violet rays directed to the center region of the mold cavity; after curing the fluid within the mold cavity, removing a cured segment of the composite structural member from the mold cavity; and performing a bending operation on the cured segment in order to more readily remove the jacket material from the mold and shape it as desired thereafter. Further, since Applicant’s Specification states that thermal curing devices can include a source of ultra-violet rays ([0040]), curing the fluid within the mold cavity would comprise thermally curing the fluid.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Baranda et al (US 2003/0092524, already of record) in view of Toyota Motor Europe (WO 2021/244750, already of record) and further in view of Komiya et al (CA 1289318).
The previous combination teaches the invention as discussed above. In addition, Baranda et al teach use of polyurethane-based material for the jacket ([0020]).
The previous combination does not teach the bending operation comprises: heating a polyamide-containing portion of the cured segment to a softening temperature of the polyamide-containing portion; bending the cured segment to a target shape while the polyamide-containing portion is at the softening temperature; and while bending the cured segment to the target shape, cooling the cured segment to a temperature below the softening temperature.
However, in a related field of endeavor pertaining to a molding process of fiber reinforced plastics, Komiya et al teach polyamide resins as well as polyurethane resins are usable in the production of ordinary fiber reinforced plastics (pg 7 lns 7-35).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Komiya et al with those of the previous combination by substituting a polyamide resin for the polyurethane-based material since they are functional equivalents and one could target other desirable jacket properties for less expense. Further, since it is well-known that a thermoplastic can be softened by heating to change its shape and then cooled to maintain it, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the bending operation comprise: heating a polyamide-containing portion of the cured segment to a softening temperature of the polyamide-containing portion; bending the cured segment to a target shape while the polyamide-containing portion is at the softening temperature; and while bending the cured segment to the target shape, cooling the cured segment to a temperature below the softening temperature.
Allowable Subject Matter
Claims 11-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of the reasons for the indication of allowable subject matter: It is deemed novel and unobvious over the prior art, including the prior art to Baranda et al (US 2003/0092524, already of record), Toyota Motor Europe (WO 2021/244750, already of record), Komiya et al (CA 1289318) and Fink (US 5096645, already of record). None of the closest prior art references including these teach or suggest, either alone or in combination: forming a plurality of knots in each fiber strand included in the one or more fiber strands prior to positioning each fiber strand included in the one or more fiber strands at the respective location within the mold cavity; and the knots included in the plurality of knots in each fiber strand are equally spaced along the fiber strand.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES SANDERS whose telephone number is (571)270-7007. The examiner can normally be reached on M-F 11-7.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Galen Hauth can be reached on 571-270-5516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES SANDERS/Primary Examiner, Art Unit 1743