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 Amendment
Claim 17 is cancelled.
In view of the amendment, filed on 05/01/2026, the following rejections are withdrawn from the previous office action, mailed on 02/02/2026.
Rejection of claim 14 under 35 U.S.C. 112(b)
Rejection of claims 1-8 and 10-17 under 35 U.S.C. 102(a)(1) as being anticipated by Baranda et al. (US 2003/0092524)
New Grounds of Rejections
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 non-obviousness.
Claim(s) 1-8, 10-16, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baranda et al. (US 2003/0092524).
As to claim 1, Baranda et al. (US ‘524) discloses an apparatus for fabricating a composite structural member, the apparatus comprising:
- a polymer mold (¶ [0045]: a molding device 70 for applying the jacket 44 to the cords 42) with a mold cavity (¶ [0046]: a mold housing 72 having an input side 74) and an inlet (¶ [0046]: one or more openings 79), wherein the inlet (¶ [0046]: one or more openings 79) is fluidly coupled to the mold cavity (¶ [0045]: a molding device 70) and receives a fluid that includes a polymer;
[AltContent: textbox (A mold housing (72) )][AltContent: textbox (Fiber-positioning plate (76))][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Fiber inlets (78))][AltContent: arrow][AltContent: arrow][AltContent: textbox (An inlet (79))][AltContent: textbox (A polymer mold (70))][AltContent: arrow]
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[AltContent: arrow][AltContent: textbox (A tensioner (54))][AltContent: arrow][AltContent: arrow][AltContent: textbox (Fiber strands (42))]
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- fiber inlets (¶ [0046]: openings 78) that is disposed on a first end of the mold cavity (¶ [0045]: a molding device 70) and includes a fiber-positioning plate (¶ [0046]: a cord positioning device 76); and
- a tensioner (¶ [0034]: a tensioning device 54) that exerts a tensile force on one or more fiber strands (¶ [0034]: cords 42) that are routed through the fiber-positioning plate ((¶ [0046]: a cord positioning device 76) and the mold cavity (¶ [0045]: a molding device 70).
Further, Baranda et al. (US ‘524) discloses the cooling fluid assists in at least slightly curing and shrinking the jacket material as it exits the molding device 70 so that it is more readily removed from the opening 80. (¶ [0055]) However, Baranda et al. (US ‘524) is silent on disclosing exerting the tensile force on the one or more fiber strands while the polymer mold cures the fluid disposed within the mold cavity, as claimed in claim 1.
It would have been obvious for one of ordinary skill in the art, prior to the time of applicant’s invention, to modify exerting a tensile force by a tensioner on one or more fiber strands, as taught by Baranda et al. (US ‘524), through exerting a tensile force on one or more fiber strands that are routed through the fiber-positioning plate and the mold cavity while the polymer mold cures the fluid disposed within the mold cavity in order to reduce the non-linear, varying thickness, and varying amounts of shrinkage for the one or more fiber strands that occur during the curing process.
As to claim 2, Baranda et al. (US ‘524) discloses the fiber-positioning plate (¶ [0046]: a cord positioning device 76) includes a different opening (¶ [0046]: a plurality of openings 78, figure 5) for each fiber strand included in the one or more fiber strands (¶ [0046]: cords 42).
As to claim 3, Baranda et al. (US ‘524) teach each opening (¶ [0046]: a plurality of openings 78, figure 5) corresponds to a location within the mold cavity (¶ [0046]: a mold housing 72) that resides between an inner surface of the mold cavity (¶ [0046]: a mold housing 72) and a center axis of the mold cavity (¶ [0046]: a mold housing 72, see Fig. 5).
As to claim 4, Baranda et al. (US ‘524) disclose a first fiber strand that is included in the one or more fiber strands (¶ [0046]: cords 42) and is routed through the fiber-positioning plate (¶ [0046]: a cord positioning device 76) does not contact a second fiber strand that is included in the one or more fiber strands (¶ [0046]: cords 42) and also is routed through the fiber-positioning plate (¶ [0046]: a cord positioning device 76, see Fig. 5).
As to claim 5, Baranda et al. (US ‘524) teach the mold cavity comprises a cooling cavity (¶ [0054]: a pre-cooling device 86) that forms at least a portion of the composite structural member (¶ [0048]: a belt assembly 40) via an extrusion process (¶ [0048]: through an extrusion opening 80).
As to claim 6, Baranda et al. (US ‘524) disclose the mold cavity includes a fiber-infusion region (¶ [0046]: within a mold housing 72) and a curing region (¶ [0046]: a curing cold water bath).
As to claim 7, Baranda et al. (US ‘524) disclose the mold cavity includes a partial curing zone (¶ [0054]: the cooling fluid assists in at least slightly curing and shrinking the jacket material as it exits the molding device 70 so that it is more readily removed from the opening 80) for initiating polymerization of the fluid in a region of the mold cavity (¶ [0048]: the mold housing 72).
As to claim 8, Baranda et al. (US ‘524) teach the region of the mold cavity (¶ [0048]: the mold housing 72) corresponds to a core region of the composite structural member (¶ [0048]: a belt assembly 40).
As to claim 10, Baranda et al. (US ‘524) disclose the mold cavity includes a thermal curing region (¶ [0046]: a curing cold water bath) for causing polymerization of the fluid.
As to claim 11, Baranda et al. (US ‘524) teach the thermal curing region (¶ [0046]: a curing cold water bath) includes one or more heat-generators (¶ [0047]: pressure injection can be used for molding materials such as polyurethane when the material is suitably heated).
As to claim 12, Baranda et al. (US ‘524) disclose the mold cavity (¶ [0048]: the mold housing 72) includes a casting region for receiving the fluid.
As to claim 13, Baranda et al. (US ‘524) teach the casting region corresponds to a thermal curing region (¶ [0046]: a curing cold water bath) of the mold cavity (¶ [0048]: the mold housing 72).
As to claim 14, Baranda et al. (US ‘524) disclose the casting region corresponds to different regions of the mold cavity (¶ [0048]: the mold housing 72) than the thermal curing region (¶ [0046]: a curing cold water bath) of the mold cavity (¶ [0048]: the mold housing 72).
As to claim 15, Baranda et al. (US ‘524) teach the tensioner (¶ [0034]: a tensioning device 54) exerts the tensile force on the one or more fiber strands (¶ [0034]: cords 42) by exerting the tensile force on a cured segment (¶ [0042]: a curing cold water bath) of the composite structural member (¶ [0042]: the formed belt assembly 40) that is adjacent to the mold cavity.
As to claim 16, Baranda et al. (US ‘524) disclose the tensioner (¶ [0034]: a tensioning device 54) comprises at least one of a pulling roller (¶ [0039]: rollers 59 are included as part of or immediately after the jacket application station 56) coupled to each of the one or more fiber strands (¶ [0034]: cords 42).
Further, as to claim 21, Baranda et al. (US ‘524) disclose the one or more fiber strands (¶ [0034]: cords 42) is capable to include a fiber type from a group consisting of: a glass fiber, a carbon fiber, a recycled fiber, an aramid fiber, or a natural fiber; and the polymer included in the fluid is selected based on the fiber type. Examiner wishes to point out to Applicant that claims are directed to “an apparatus for fabricating a composite structural member” and therefore are only limited by positively recited structural elements. However, cited limitations in claim 21 are directed to the material worked upon by apparatus. According to MPEP 2115, material or article worked upon does not limit apparatus claims.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baranda et al. (US ‘524) in view of Kerschbaum (WO 2021/244750), the prior art recorded by Applicant.
Baranda et al. (US ‘524) disclose the partial curing zone (¶ [0054]: the cooling fluid assists in at least slightly curing and shrinking the jacket material as it exits the molding device 70 so that it is more readily removed from the opening 80) initiates the polymerization of the fluid. Further, Baranda et al. (US ‘524) recites it is also desirable to select a material so that ultraviolet radiation resistance is maximized (¶ [0024]), however, is silent on disclosing the partial curing zone initiates the polymerization of the fluid via at least one of microwaves directed towards a center region of the mold cavity, ultra-violet rays directed towards the center region of the mold cavity, or infra-red rays directed towards the center region of the mold cavity, as claimed in claim 9.
In the analogous art, Kerschbaum (WO ‘750) disclose an apparatus (10) for manufacturing a fiber-reinforced UV-cured polymer matrix profile (24), the apparatus (10) comprising a die (12) having an inlet (12A) and an outlet (12B), an injector (16) of UV-curable polymer (18), a fiber positioning part (14) comprising a core (14A) and configured to position fibers (28), the fiber positioning part (14) being disposed upstream of the die (12), a UV-light source (20) disposed downstream of the die (12) and configured to polymerize a UV-curable polymer (18) to form the UV-cured polymer matrix. See claim 1.
[AltContent: arrow][AltContent: arrow][AltContent: textbox (A UV light source (20))]
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As to claim 9, Kerschbaum (WO ‘750) disclose the curing initiates the polymerization of the fluid via ultra-violet rays by a UV- light source (20) directed towards a center region of the mold cavity. See claim 1.
It would have been obvious for one of ordinary skill in the art, prior to the time of Applicant’s invention, to modify the polymerization of the polymer fluid, as taught by Baranda et al. (US ‘524), through employing ultra-violet rays directed towards the center region of the mold cavity in order to improve the workability of the apparatus through decreasing the pulling force, as suggested by Kerschbaum (WO ‘750), ¶ [0005].
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baranda et al. (US ‘524) in view of Biland et al. (US 2018/0222132).
Baranda et al. (US ‘524) anticipates an apparatus for fabricating a composite structural member, as claimed in claims 1-8 and 10-17, however, fails to disclose a mixing system that combines a first part of a thermo-setting resin included in the fluid with a second part of the thermo-setting resin included in the fluid before the fluid enters the mold cavity, as claimed in claim 18. Also, Baranda et al. (US ‘524) fail to disclose a cutting device for cutting a cured segment of the composite structural member that is outside the polymer mold, as claimed in claims 19-20.
In the analogous art, Biland et al. (US ‘132), as to claim 18, disclose a mixing system (a resin metering-mixing device 80, ¶ [0028]) that combines a first part of a thermo-setting resin included in the fluid with a second part of the thermo-setting resin included in the fluid before the fluid enters the mold cavity (¶ [0028]: the resin is prepared in a resin metering-mixing device 80, that feeds into a resin injector with a resin viscosity stabilizer 50).
[AltContent: textbox (A resin metering-mixing device (80))]
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[AltContent: arrow][AltContent: arrow][AltContent: textbox (A polymer mold (90, 120))][AltContent: arrow][AltContent: textbox (A composite structural member (140))][AltContent: textbox (Cutter (150))][AltContent: arrow]
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Further, as to claim 19, Biland et al. (US ‘132) disclose a cutting device (¶ [0028]: cutter 150) for cutting a cured segment of the composite structural member (¶ [0029]: bundle 140) that is outside the polymer mold (¶ [0028]: a first tunnel curing station 90 and a second tunnel curing station 120), and as to claim 20, the cutting device comprises a mechanical shear cutter (150). ¶ [0028]: cutter 150.
Therefore, it would have been obvious for one of ordinary skill in the art, prior to the time of Applicant’s invention, to modify the apparatus for fabricating a composite structural member, as taught by Baranda et al. (US ‘524), through providing a mixing system that combines a first part of a thermo-setting resin with a second part of the thermo-setting resin before the fluid enters the mold cavity in order to improve the workability of the apparatus to control a viscosity of the resin fluid so to be capable of saturating the texturized fibers, as suggested by Biland et al. (US ‘132): ¶ [0011] and [0024].
Further, it would have been obvious for one of ordinary skill in the art prior to the time of Applicant’s invention, to modify the apparatus for fabricating a composite structural member, as taught by Baranda et al. (US ‘524), through providing a cutting device for cutting a cured segment of the composite structural member in order to improve the workability of the apparatus to be capable of cutting the pultruded cured composite structural member to fragments of a specified length, as suggested by Biland et al. (US ‘132), ¶ [0010].
Response to Arguments
Applicant’s arguments, filed on 06/09/2026, with respect to prior art rejection of claim(s) 1-16 and 18-21 have been considered but are moot in view of the above new grounds of the rejections. Applicant’s arguments are mainly directed to the newly added limitations to claim 1 and that Baranda et al. (US ‘524) does not anticipate the newly added limitations to claim 1. However, in the above new grounds of the rejection, the previous anticipation rejection is withdrawn and a new obviousness rejection is applied against claim 1 that fully addresses the newly added limitation to claim 1. Therefore, arguments are moot in view of the above new grounds of the rejections.
Finally, after a full review of the submitted remarks in view of prior art rejections, it has been concluded that there are differences in interpreting the claimed subject matter and the cited references by the Applicant and the Office. Therefore, Examiner would like to suggest that if Applicant’s Counsel believes an interview can benefit the prosecution of the instant application, Applicant’s Counsel is kindly invited to contact the undersigned examiner.
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 SEYED MASOUD MALEKZADEH whose telephone number is (571)272-6215. The examiner can normally be reached M-F 8:30AM-5:00PM.
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, SUSAN D. LEONG can be reached at (571)270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEYED MASOUD MALEKZADEH/Primary Examiner
Art Unit 1754 07/11/2026
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