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 . 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.
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-3) in the reply filed on 07/07/2026 is acknowledged.
Claims 4-5 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/07/2026.
Claim Rejections - 35 USC § 102
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) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jahanbin (U.S PG Pub 20200047425A1).
Regarding claim 1, Jahanbin, drawn to the art of bonding two composite workpieces (stringer 2 and skin 4) [0038-0039], discloses a noodle (12) (interpreted as a fillet shaping die), in between the skin and stringer portions shaping a fillet of an adhesive (6) at a corner created by the stringer and skin which is bonded by the adhesive (6) ([0040]; see figures 1 & 3). The noodle of Jahanbin also has a curved face that shapes a fillet, wherein the curved fillet shaping face is abutting the first member (skin 4) (see figures 1 & 3).
Regarding claim 2, Jahanbin has disclosed a counter face connected to the fillet shaping face (the face abutting stringer 2 i.e. second member), wherein the fillet shaping die is fashioned extending in a direction in which the corner extends (as can be seen from figures 1 & 3 – the noodle extends in the areas of the corner created by the skin and stringer forming a curved or arcuate triangle seen from looking into the page), and further wherein a shape of the fillet shaping die is arcuate in a side view of the fillet shaping die as viewed in the direction in which the corner extends (as can also be seen from figures 1 & 3, the noodle is arcuate or convex and bow like) (Figures 1 & 3).
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 nonobviousness.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jahanbin (U.S PG Pub 20200047425A1) in view of Diehl (EP3437754A1 - see foreign reference attached).
Regarding claim 3, Jahanbin has not explicitly disclosed a groove extending from a first side to a second side, however, it is known for a die to have such a groove/recess, in the art of joining two materials, as disclosed by Diehl (see below).
Diehl, drawn also to the art of connecting two components (Abstract), discloses a die (25) which is used in joining the two components (Figure 8A), which has a groove/recess (61) extending from a first side to a second side (as can be seen from figure 8A the groove (61) extends from one edge of the die to the other edge i.e. from a first side to a second side).
It would have been obvious to an ordinarily skilled artisan to have modified the die of Jahanbin before the effective filing date of the instant invention, with the die having a groove as disclosed by Diehl, to arrive at the instant invention, in order to be able to firmly clamp the two components in joining [0041].
Additionally, it is noted that the addition of a groove to the die would also merely require a change in shape of the die, and as such, changes in shape are held to be obvious and in the purview of an ordinarily skilled artisan, in the absence of new or unexpected results (MPEP 2144.04 IV (B)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: U.S PG Pubs 20200391449A1, 20120148789A1, 20140299257A1, 20170266874A1 – all drawn to bonding of workpieces with corners and fillets.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABHISHEK A PATWARDHAN whose telephone number is (571)272-8431. The examiner can normally be reached Monday to Friday 7:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Orlando can be reached at (571)270-5038. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABHISHEK A PATWARDHAN/Examiner, Art Unit 1746
/MICHAEL N ORLANDO/Supervisory Patent Examiner, Art Unit 1746
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