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 .
This action is in response to the documents received on September 11, 2024 and preliminary amendment received on March 26, 2025.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1, 3-11 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over WILLDEN et al. (US 6,814,916) in view of DOWNS et al. (2016/0031164).
In reference to claims 1, 3, 5 and 7, WILLDEN et al. discloses a method of manufacturing a composite article comprising: providing a stack of sheets formed from a composite material 20; providing (figure 6) a fluid into two separate inflatable means 38; providing (figures 5A-5C) a mold defined by two structurally distinct mold portions 10, 30; arranging the at least one sheet 20 and the inflatable means 34, 36, 38 in the mold 10, 30 such that the mold encloses the at least one sheet 20 and the inflatable means 34, 36, 38; and subjecting the at least one sheet 20 to pressure in a range of 7 bar to 1000 bar (column 7 lines 13-21) and a temperature in the range of 70 °C to 300 °C for 20 seconds to 60 minutes (column 6 lines 62-65) in a pressing process by inflating (figures 5A-5C) the inflatable means 34, 36, 38 to form a composite article (column 7 line – column 8 line 21). WILLDEN et al. does not disclose the specific composition of the composite material or the length of time the pressure process takes place.
DOWNS et al. teaches a process of molding a composite material 103 comprising the steps of: arranging at least one sheet 103 of composite material between a mold formed of two distinct mold portions (figure 4); and subjecting the at least one sheet of composite material 103 to pressure within the mold (figure 5); wherein the composite material is formed from reactive thermoplastic resins (paragraph [0071]). Considering paragraph [0004] of DOWNS and column 1 lines 18-20 of WILLDEN et al. acknowledge the respectively disclosed processes are in the field of vehicles, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the method of WILLDEN et al. to include the provision of a thermoplastic resin composite material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use.1
Although column 7 lines 13-21 provides an example process of providing a pressure just below the range of 7 bar to 1000 bar to a composite material and column 7 lines 51-59 expresses maintaining pressure to the composite material for a time sufficient to form the composite material according to the shape of the mold, WILLDEN et al. does not provide the specific pressure range nor time range claimed. Nonetheless, it would have been obvious to one having ordinary skill in the art at the time of filing the invention to apply the claimed pressure range of 7 bar to 1000 bar for the claimed time period of 20 seconds to 60 minutes since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art.2 Furthermore, column 8 lines 17-21 of WILLDEN et al. acknowledges that such parameters are contingent upon the type of composite material and the amount (e.g. thickness) of composite material provided; wherein, both Applicant and the prior art have referenced a variety of composite materials capable of being used by a process as disclosed and claimed.
Regarding claims 4 and 10, WILLDEN et al. disclose a process of molding a composite material as claimed, but does not disclose a step of perforating or providing perforated composite material. Paragraph [0192] of DOWNS et al. further discloses the process of molding a composite material comprising the step of incorporating perforations into the composite material. It would have been obvious to one having ordinary skill in the art at the time of filing the inventio to have further modified the method of WILLDEN et al. to include perforated composite material since paragraph [0191] of DOWNS et al. suggest such a modification is known in the art of molding composite material for the purpose of forming a desired finish or pattern to the surface of the composite material.
With respect to claim 6, although WILLDEN et al. discloses the claimed process of molding a composite material wherein at least one sheet of composite material is arranged in a mold, WILLDEN et al. does not disclose the thickness of the composite material. However, column 8 lines 17-21 of WILLDEN et al. acknowledges that the thickness of the composite material can vary; such that, it would have been obvious to one having ordinary skill in the art at the time of filing the invention to provide a sheet of composite material having a thickness of up to 2 mm, 1.5 mm or 1 mm since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art.3
In reference to claim 8, WILLDEN et al. disclose a process of molding a composite material as claimed, but does not disclose a step of removing material from the composite material. DOWNS et al. further discloses the process of manufacturing a composite article including a step of removing material including laser cutting to shape the composite material (paragraph [0170-0171]). It would have been obvious to one having ordinary skill in the art at the time of filing the invention to further modify the manufacturing methd of WILLDEN et al. to include the step of laser cutting since paragraphs [0170-0171] of DOWNS et al. states such a modification allows a computer generated design to be cut into the composite material.
Regarding claim 9, column 6 lines 2-4 of WILLDEN et al. further discloses utilizing a pressing means to seal mold 30 against mold 10.
With respect to claim 11, column 8 lines 4-9 of WILLDEN et al. further disclose the step of removing the inflatable bladder 34, 36, 38 form the composite material 20.
Claims 1-3, 5 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over WILLDEN et al. (US 6,814,916) in view of BREITHOLTZ et al. (EP 21184323.0).
In reference to claims 1-3, 5 and 7, WILLDEN et al. discloses a method of manufacturing a composite article comprising: providing a stack of sheets formed from a composite material 20; providing (figure 6) a fluid into two separate inflatable means 38; providing (figures 5A-5C) a mold defined by two structurally distinct mold portions 10, 30; arranging the at least one sheet 20 and the inflatable means 34, 36, 38 in the mold 10, 30 such that the mold encloses the at least one sheet 20 and the inflatable means 34, 36, 38; and subjecting the at least one sheet 20 to pressure in a range of 7 bar to 1000 bar (column 7 lines 13-21) and a temperature in the range of 70 °C to 300 °C for 20 seconds to 60 minutes (column 6 lines 62-65) in a pressing process by inflating (figures 5A-5C) the inflatable means 34, 36, 38 to form a composite article (column 7 line – column 8 line 21). WILLDEN et al. does not disclose the specific composition of the composite material or the length of time the pressure process takes place.
BREITHOLTZ et al.. teaches a process of molding a composite material 103 comprising the steps of: providing a stack of composite material sheets (figure 3a), wherein the composite material comprises a polyfurfuryl alcohol agent on kraft paper (page 4 lines 6-20). Considering both WILLDEN et al. and BREITHOLTZ et al. are in the common field of molded composite materials, particularly in the field of vehicles, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the method of WILLDEN et al. to include the provision of a thermoplastic resin composite material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use.4
Although column 7 lines 13-21 provides an example process of providing a pressure just below the range of 7 bar to 1000 bar to a composite material and column 7 lines 51-59 expresses maintaining pressure to the composite material for a time sufficient to form the composite material according to the shape of the mold, WILLDEN et al. does not provide the specific pressure range nor time range claimed. Nonetheless, it would have been obvious to one having ordinary skill in the art at the time of filing the invention to apply the claimed pressure range of 7 bar to 1000 bar for the claimed time period of 20 seconds to 60 minutes since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art.5 Furthermore, column 8 lines 17-21 of WILLDEN et al. acknowledges that such parameters are contingent upon the type of composite material and the amount (e.g. thickness) of composite material provided; wherein, both Applicant and the prior art have referenced a variety of composite materials capable of being used by a process as disclosed and claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to the attached PTO-892 for a notice of references cited and recommended for consideration based on their disclosure of limitations related to the claimed invention. In particular, consider the disclosure of MITSUKAWA et al. (US 9,259,775), MIRTSCH et al. (US 2010/0058589; paragraph [0023]), WILLIS et al. (US 2008/0001429) and MTANGI et al. (US 4,647,324).
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/GLORIA R WEEKS/Primary Examiner, Art Unit 3731
January 21, 2026
1 In re Leshin, 125 USPQ 416.
2 In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 198C).
3 In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 198C).
4 In re Leshin, 125 USPQ 416.
5 In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 198C).