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 .
Drawings
The drawings are objected to because numeral “5” is not shown in Figure 1. 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 § 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.
Claim(s) 1-5 and 7-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shin (KR 102408326 B1).
Regarding claim 1, Shin (see the entire document, in particular, paragraphs [0001], [0039], [0045], [0047] and [0051] – [0058] of the translation; Figures 3 and 4) teaches an apparatus (see paragraph [0001] (pultrusion apparatus) of Shin), including (a) a movable first sled, a movable second sled and a movable third sled (see Figure 3, paragraph [0039] (first to third pullers 150a, 150b, 150c) of Shin), each of the sleds having an open position and a closed position, with the closed position being utilized to clamp down and pull a composite material through a pultrusion apparatus, with each of the first, second and third sleds being movable from a starting position to an ending position and being returnable to a starting position (see Figure 4, paragraphs [0051] (first to third pullers 150a, 150b, 150c have an open position and a closed position; first to third pullers 150a, 150b, 150c may reciprocate in a designated pultrusion section) and [0052] – [0058] (first to third pullers 150a, 150b, 150c are movable from a starting position to an ending position and returnable to a starting position) of Shin); (b) a first end of the apparatus for receiving a composite material to be pulled (see Figure 3, paragraph [0039] (kirls 110, bath 120, guide 130) of Shin); (c) a second end that is opposite the first end of the apparatus (see Figure 3, paragraph [0039] (cutting portion 160) of Shin); (d) programming and a controller to permit the first, second and third sleds to pull the composite material through the pultrusion apparatus in a substantially continuous manner from the first end to the second end (see Figure 3, paragraphs [0039] (controller 170) and [0047] (controller 170 enables continuous production of the product) of Shin); (d)(1) wherein two of the first, second and third sleds are in contact with the composite material and pulling the composite material at any one time (see Figure 4 (two of the first to third pullers 150a, 150b, 150c are in contact with the composite material at any one time) of Shin).
Regarding claims 2 and 3, see Figure 3, paragraphs [0039] (controller 170) and [0047] (controller 170 enables continuous production of the product) of Shin.
Regarding claim 4, see Figure 3, paragraph [0039] (heated die 140) of Shin.
Regarding claim 5, see Figure 3, paragraph [0039] (cutting portion 160) of Shin.
Regarding claims 7 and 8, see Figure 4 of Shin.
Regarding claim 9, see Figure 4, paragraph [0045] (fiber 200 is secured between movable upper gripper 153 and movable lower gripper 151 of first to third pullers 150a, 150b, 150c; first to third pullers 150a, 150b, 150c move in the pultrusion direction) of Shin.
Claim(s) 11, 13-16 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shin (KR 102408326 B1).
Regarding claim 11, Shin (see the entire document, in particular, paragraphs [0001], [0039], [0045], [0047] and [0051] – [0058] of the translation; Figures 3 and 4) teaches a process (see paragraph [0001] (pultrusion technique) of Shin) including (a) a first movable sled, a second movable sled and a third movable sled (see Figure 3, paragraph [0039] (first to third pullers 150a, 150b, 150c) of Shin), each of the sleds having an open position and a closed position, with the closed position for moving a composite material from a starting position to an ending position that is equal to a fixed stroke of each respective sled, with the stroke being a prescribed length of travel, and with each sled being movable to the starting position when opened and movable to an ending position when closed (see Figure 4, paragraphs [0051] (first to third pullers 150a, 150b, 150c have an open position and a closed position; first to third pullers 150a, 150b, 150c may reciprocate in a designated pultrusion section) and [0052] – [0058] (first to third pullers 150a, 150b, 150c are movable from a starting position to an ending position and returnable to a starting position) of Shin); (b) a heated die positioned at a first end of the apparatus through which the composite material is pulled (see Figure 3, paragraph [0039] (heated die 140) of Shin), the process including (c) as material exits the heated die, two of the three sleds contact the composite material and apply clamping force to the composite material at any given time to move the composite material toward the second end of the apparatus, with the two sleds moving in concert with one another to move the composite material from the respective starting position for each sled to the respective ending position for each sled (see Figures 3 and 4, paragraph [0045] (fiber 200 is secured between movable upper gripper 153 and movable lower gripper 151 of first to third pullers 150a, 150b, 150c; two of the first to third pullers 150a, 150b, 150c are in contact with the composite material at any one time) of Shin); (d) while two of the three sleds contact the composite material and move the composite material, the other of the three sleds is open and in a non-clamping position and moves to its respective starting position and is ready to close (see Figure 4 (two of the first to third pullers 150a, 150b, 150c are in contact with the composite material at any one time, with the other puller open) of Shi); (e) after one of the three sleds completes its stroke, that sled opens and the sled that is positioned at its respective starting position closes upon the composite material, applying a force thereto, while the sled that has completed its stroke then returns to its starting position, with two of the three sleds that are in contact with the composite material moving the composite material toward the ending position for the respective sleds (see Figure 4, paragraphs [0052] – [0058] (first to third pullers 150a, 150b, 150c are movable from a starting position to an ending position and returnable to a starting position) of Shin); (e)(1) wherein movement of the composite material is substantially constant from the first end to the second end and two of the three sleds are always in contact with the composite material (see Figure 3, paragraphs [0039] (controller 170) and [0047] (controller 170 enables continuous production of the product) of Shin).
Regarding claims 13 and 14, see Figures 3 and 4.
Regarding claim 15, see Figure 4, paragraph [0045] (fiber 200 is secured between movable upper gripper 153 and movable lower gripper 151 of first to third pullers 150a, 150b, 150c; first to third pullers 150a, 150b, 150c move in the pultrusion direction) of Shin.
Regarding claim 16, see Figure 3, paragraph [0039] (cutting portion 160) of Shin.
Regarding claim 18, see Figure 3, paragraph [0039] (controller 170; controllers use hardware and software to control an apparatus and/or process) of Shin.
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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin (KR 102408326 B1) as applied to claims 1-5 and 7-9 above, and further in view of Booher (U.S. Patent No. 5,156,787 A.
Regarding claim 6, Shin et al teaches a cutting mechanism (see Figure 3, paragraph [0039] (cutting portion 160) of Shin), but does not teach (1) a saw. Booher (see the entire document, in particular, col. 1, lines 33-41 and 48-50; col. 2, lines 2 and 8-12; Figure 1) teaches an apparatus (see Figure 1; col. 1, lines 33-41 and 48-50 (apparatus for making a fiber reinforced thermoplastic composite) of Booher), including a saw as a cutting mechanism (see Figure 1; col. 2, lines 2 and 8-12 (bar or block 28 is cut by band saw 34) of Booher), and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a saw as a cutting mechanism in the apparatus of Shin in view of Booher in order to manufacture a plurality of products (see col. 2, lines 11-12 of Booher).
Claim(s) 10, 12 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin (KR 102408326 B1).
Regarding claims 10 and 12, the level of clamping force would have been obvious to, and readily determined by, one of ordinary skill in the art before the effective filing date of the claimed invention in Shin in order to provide enough clamping force to maintain the composite material in pullers 150a, 150b, 150c.
Regarding claim 17, partial curing of the composite material would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention in Shin in order to accelerate the manufacture of the composite (pultruded) product.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEO B. TENTONI whose telephone number is (571)272-1209. The examiner can normally be reached 7:30-4:00 ET M-F.
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LEO B. TENTONI
Primary Examiner
Art Unit 1742
/LEO B TENTONI/Primary Examiner, Art Unit 1742