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
Applicant’s election of claims 1-11 in the reply filed on 27 February 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
The examiner notes the traversal of the restriction requirement is directed to a request that the claims encompassed by Groups II and III be reinstated upon allowance of Group I. As a reminder, to be in proper form for rejoinder, a claim to a nonelected process must depend from or otherwise require all the limitations of an allowable product claim. See MPEP §821.04.
Claim Rejections - 35 USC § 102
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 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 1-4 and 6-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2016-221885 A with a machine translation (concurrently submitted) (hereinafter “Yoshizawa”) being used as the English language equivalent translation.Regarding claim 1 Yoshizawa teaches a molded fiber-reinforced resin structure (rib-reinforced molded product) 20 comprising: a convex portion formed as a rib (reinforcing rib) 22 for enhancing the rigidity of the fiber-reinforced resin structure 20; and a first surface layer 24a, a second surface layer 24b, and an inner layer 26 (corresponding to the molded main body 24a, 24b, 26), where the first surface layer 24a, the second surface layer 24b, and the inner layer 26 are each made of unidirectional fiber reinforced sheets (containing a resin) (abstract; paragraphs [0029] – [0031]; and Figures 1-2). Yoshizawa teaches the convex portion (reinforcing rib) 22 and the first surface, second surface, and inner layers (molded main body) 24a, 24b, 26 form an integrally molded product (Figures 1-2; and paragraphs [0022] and [0038]). Yoshizawa teaches the convex portion (reinforcing rib) 22 is formed by bulging the inner layer 26, where the inner layer 26 comprises unidirectional fiber reinforced resin sheets, where the fiber reinforced resin sheets comprises a thermoplastic resin (paragraphs [0025] and [0031] – [0032]), which corresponds to the reinforcing rib contains reinforcing fibers and a thermoplastic resin. Yoshizawa teaches the fibers F2 included in the inner layer 26 are continuous and oriented along the extending direction (longitudinal direction) of the convex portion (reinforcing rib) 22 (paragraph [0031] and Figure 1).Regarding claim 2 In addition, Yoshizawa illustrates the convex portion (reinforcing rib) 22 protrudes from one principal surface of the first surface, second surface, and inner layers (molded main body) 24a, 24b, 26 (Figures 1-2).Regarding claim 3 In addition, Yoshizawa teaches the first surface, second surface, and inner layers (molded main body) 24a, 24b, 26 is a laminated base material composed of unidirectional fiber reinforced resin sheets (a plurality of base material layers, each of which contains a resin) (abstract; paragraphs [0009], [0014], [0027], [0031] and [0038]; and Figure 2). Yoshizawa teaches the convex portion (reinforcing rib) 22 is a rib member that is disposed inside the first surface, second surface, and inner layers (laminated base material of the molded main body) 24a, 24b, 26 (Figures 1-2). Yoshizawa teaches the convex portion (reinforcing rib) 22 has a ridge that corresponds to a contour of the rib member being formed on one principal surface of the molded fiber-reinforced resin structure (rib-reinforced molded product) 20 (Figures 1-2).Regarding claim 4 The use of product-by-process limitations has been noted in claim 4, for example, "the reinforcing rib is a fiber-reinforced resin pultruded product". "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process", In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). Further, "although produced by a different process, the burden shifts to applicant to come forward with evidence establishing an unobvious difference between the claimed product and the prior art product", In re Marosi, 710 F.2d 798, 802, 218 USPQ 289, 292 (Fed. Cir.1983). See MPEP § 2113. Regarding claims 6 and 7 In addition, Yoshizawa teaches the first surface, second surface, and inner layers (molded main body) 24a, 24b, 26 comprise continuous fibers (strengthening fibers being continuous fibers) F1a, F1b, F2 in the unidirectional fiber reinforcing resin sheets (paragraph [0031]), which also corresponds to the first surface, second surface, and inner layers (molded main body) 24a, 24b, 26 being composed of multiple layers of fiber-reinforced resin sheets that are integrated together, each of the fiber-reinforced resin sheets containing the strengthening fibers F1a, F1b, F2.Regarding claim 8 As previously noted, Yoshizawa teaches the first surface, second surface, and inner layers (molded main body) 24a, 24b, 26 is a laminated base material composed of unidirectional fiber reinforced resin sheets (a plurality of base material layers, each of which contains a resin) (abstract; paragraphs [0009], [0014], [0027], [0031] and [0038]; and Figure 2), which also corresponds to each of the unidirectional fiber reinforced resin sheets (base material layers) is made of at least one resin containing sheet selected from the group consisting of a resin sheet and a fiber-reinforced resin sheet containing strengthening fibers.Regarding claim 9 In addition, Yoshizawa teaches the reinforcing fibers (strengthening fibers) include carbon fibers, glass fibers, etc., which may be used in combination (paragraph [0023]).Regarding claim 10 In addition, Yoshizawa teaches the reinforcing fibers include carbon fibers, glass fibers, etc., which may be used in combination (paragraph [0023]).Regarding claim 11 In addition, Yoshizawa teaches the convex portion (reinforcing rib) 22 is at least one type of rod selected from the group consisting of a square rod, a round rod, a flat rod, and a plate-like rod (Figure 1).
Claims 1-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Patent Number 4,752,513 (hereinafter “Rau”).Regarding claims 1 and 4 Rau teaches resin reinforcing composite mats of continuous strands for use in pultrusion processes (abstract). Rau teaches a finished product (rib-reinforced molded product) comprising an integrally molded product of a reinforcing rib 90, 91, 92 and a part (molded main body) (Figures 3-4, including Annotated Figure 4, shown below, and column 7, lines 35-50). Rau teaches the use of continuous strand mats including a resin component (abstract).
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Rau teaches the reinforcing rib 90, 91, 92 contains strands (reinforcing fibers) 70 and a thermoplastic resin (column 7, lines 10-15 and 26-34), which corresponds to a fiber-reinforced resin pultruded product. Rau teaches the strands (reinforcing fibers) 70 are continuous (fibers) that are arranged in a longitudinal direction of the rib 90, 91, 92 (Figures 1 and 2; and column 6, lines 39-53).Regarding claim 2 In addition, Rau illustrates the reinforcing rib 90, 91, 92 protrudes from one principal surface of the part (molded main body) (Annotated Figure 4, shown above).Regarding claim 3 In addition, Rau teaches on each side of the strands (reinforcing fiber) 70 two mats 77, 78 comprising a resin component are respectfully applied thereon (column 6, line 54 through column 7, line 9), which corresponds to the molded main body is a laminated base material composed of a plurality of base material layers, each of which contains a resin.Regarding claim 5 In addition, Rau teaches the finished product (rib-reinforced molded product), including the fiber-reinforced resin pultruded product of the reinforcing rib 90, 91, 92, is configured such that the mats (fiber sheet containing the reinforcing fibers and the thermoplastic resin) 77, 78 are folded into an irregular shape (Figures 1-4, with emphasis on Figure 3, and column 2, lines 48-68). Rau also teaches the composite mat (fiber sheet) of the instant invention is readily filled in by the resin component in narrow compound bends (column 7, lines 35-50), which corresponds to the thermoplastic resin fills an inside of the folded fiber sheet and spaces between overlapping portions of the folded fiber sheet and is integrated with the fiber sheet.Regarding claim 6 In addition, Rau teaches the strands (strengthening fibers) 70 are continuous (fibers) (Figures 1 and 2; and column 6, lines 39-53).Regarding claim 7 In addition, Rau teaches the molded main body is composed of mats 77, 78 (multiple layers of fiber-reinforced resin sheets) that are integrated together, each of the mats 77, 78 (fiber-reinforced resin sheets) contain reinforcing (strengthening) fibers (column 3, lines 4-16; and Figures 1-2).Regarding claim 8 In addition, Rau teaches the mats 77, 78 (base material layers) comprise a fiber-reinforced resin sheet containing (strengthening) fibers (column 3, lines 4-16 and 43-48).Regarding claim 9 In addition, Rau teaches the (strengthening) fibers in the mats 77, 78 preferably comprise glass fibers (column 3, lines 10-16).Regarding claim 10 In addition, Rau teaches the strands (reinforcing fibers) 70, which can also be rovings, comprise glass fibers (column 6, lines 43-46, and column 8, lines 35-41).Regarding claim 11 In addition, Rau teaches the reinforcing rib 90, 91 or 92 is at least one type of rod selected from the group consisting of a square rod, a round rod, a flat rod, and a plate-like rod (Figures 3-4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN HANDVILLE whose telephone number is (571)272-5074. The examiner can normally be reached Monday through Thursday, from 9 am to 4 pm.
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/BRIAN HANDVILLE/Primary Examiner, Art Unit 1783
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