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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
In page 8, line 3, “234”.
In page 9, line 16, “260”.
In page 10, line 11, “270-1” and 270-2”.
In page 13, line 23, “322”.
In page 14, lines 2, 9, and 24, “328”, “382”, and “370”.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 42-44 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 42, line 2 recites “a braking assembly” – however claim 40, line 7 already set forth “a braking assembly” – therefore it is unclear if the second recitation is meant to refer to the first recitation or introduce an additional braking assembly. For purposes of examination, the second recitation is being interpreted as “the braking assembly”.
Claim 43, line 2 recites “a tool holder” – however claim 40, line 2 already set forth “a holder” – therefore it is unclear if the second recitation is meant to refer to the first recitation or introduce an additional holder. For purposes of examination, the second recitation is being interpreted as “the holder”.
Claim 44 is rejected because it is dependent on claim 43.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 40 and 43 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (CN203778660U).
Regarding claim 40, Wang discloses a filament applicator (14, 18, 25; Figures 1-3) comprising: a carriage (17) mountable to a holder (bottom base of vertical carriage 17 which sits on top of linear motor base 24) for movement parallel to a rotational axis of a workpiece (9); a spool (18) of filament rotatably mounted to the carriage (17); a guide assembly (14, 25, 27) defining a path for the filament to traverse, the guide assembly (14, 25, 27) comprising a plurality of capstans (14, 25); and a tension control device (16) comprising a braking assembly (page 8, last paragraph – page 9, lines 1-9; tension device 16 presses and creates a braking action on shaft 26) for resisting unwinding of the filament.
Regarding claim 43, Wang discloses wherein the filament applicator (14, 18, 25) is mountable to a tool holder (bottom base of vertical carriage 17 which sits on top of linear motor base 24) operable to move the filament applicator (14, 18, 25) parallel to an axis.
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.
Claim(s) 41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Walter (US2313618A).
Regarding claim 41, Wang discloses the above filament applicator, but fails to teach wherein the tension control device further comprises a tensioner, wherein the filament is woven around one of the plurality of capstans associated with the tensioner and the weight of the tensioner regulates the tension of the filament.
Walter teaches a similar filament applicator and further teaches wherein the tension control device (36, 61; 47, 45, 51; Figure 1) further comprises a tensioner (47, 45, 51), wherein the filament (25) is woven around one of the plurality of capstans (34, 40, 41) associated with the tensioner (47, 45, 51) and the weight (51) of the tensioner (47, 45, 51) regulates the tension of the filament (25). It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the filament applicator of Wang to include the tensioner as taught by Walter in order to reduce slack and ensure tension is constantly applied to the filament.
Claim(s) 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Lawson (US3575360A).
Regarding claim 42, Wang discloses the above filament applicator, but fails to teach wherein the tension control device further comprises a braking assembly, wherein the braking assembly may be adjusted to control the friction applied to the filament by pressure plates.
Lawson teaches a similar filament applicator and further teaches wherein the tension control device (31, 32, 59; Figures 1-2) further comprises a braking assembly (31, 32, 56, 57, 60, 61, 59), wherein the braking assembly (31, 32, 56, 57, 60, 61, 59) may be adjusted to control the friction applied to the filament by pressure plates (56, 57, 60, 61). It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the filament applicator of Wang to include the capstan braking assembly as taught by Lawson in order to directly dampen and maintain tension of the filament separately from the spool assembly.
Claim(s) 44 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Heckman (US1252109A).
Regarding claim 44, Wang discloses the above filament applicator, but fails to teach wherein the filament applicator is mountable to the tool holder at a skew relative to the axis.
Heckman teaches a similar material applicator and further teaches wherein the material applicator (38, 59, 41; Figures 1-2) is mountable to the tool holder (29) at a skew relative to the axis (axis of mandrel 21). It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the filament applicator of Wang to include the skewed applicator as taught by Heckman in order to ensure that the filament is coiled in a uniformed helical pattern about the frame.
Allowable Subject Matter
Claims 23-39 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Claim(s) 23 and 30 are be allowable over the prior art of record because the prior art of record fails to teach or fairly suggest the entire combination of elements set forth including for disclosing wherein the frame is skewed relative to the axis (“at a skewed orientation to a rotational axis” claim 30).
Wang (CN203778660U), is the closest prior art, and teaches a method and apparatus of producing a filament assembly comprising a frame (9; Figures 1-3) with a flat side, the method comprising: mounting the frame to a workpiece (“frame” claim 30) holder (6, 7, 8) for rotating about an axis; dispensing a filament from a filament applicator (14, 18, 25), wherein the filament is advanced from a spool (18) of filament and the end of the filament is attached to the frame; and rotating the workpiece holder (shaft 5, 8) about the axis to draw the filament through the filament applicator; comprising moving the filament applicator parallel to the axis in synchronization with the rotation of the workpiece holder to wrap the filament around the frame in a series of parallel passes over the flat side; the filament applicator comprising: a spindle (26) for rotatably supporting a spool of filament; a guide assembly (14, 25, 27) defining a filament path; and a tension control device (16) for applying tension to the filament, but fails to teach wherein the frame is skewed relative to the axis (“at a skewed orientation to a rotational axis” claim 30).
Claims 24-29 are allowable because they are dependents of claim 23.
Claims 31-39 are allowable because they are dependents of claim 30.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional references listed on form PTO-892 are cited for their relevance to the disclosed invention and demonstration of the state of the art.
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/H.S./Examiner, Art Unit 3654
/Victoria P Augustine/ Supervisory Patent Examiner, Art Unit 3654
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