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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/07/2025, 2/24/2026, & 5/15/2026 have been considered by the examiner.
Election/Restrictions
Applicant's election with traverse of Claims 1-11 and 17-20 in the reply filed on 5/08/2026 is acknowledged. The traversal is on the ground(s) that it has not been shown how the claimed system can be used to practice a process that does not involve processing a workpiece. This is not found persuasive because neither the system nor the kit requiring further processing the workpiece in response to applying the positive pressure (claim 12, line 7). In.
The requirement is still deemed proper and is therefore made FINAL.
Claims 12-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 5/08/2026.
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) 1-2, 7-8 and 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Santiago (US 2021/0001571 A1).
Regarding claim 1, Santiago teaches a system for portable fabrication (Figures 10-23; paragraphs 0035, 0042, 0067), the system comprising:
a case comprising an interior volume (constraining container 220 in Figure 11, having an interior volume) and configured to enclose at least a portion of a workpiece to be fabricated (workpiece assembly 212); and
an expandable medium (expandable pellets 232 in Figure 12) disposed within the interior volume between the case and at least the portion of the workpiece (as shown in Figure 12), wherein the expandable medium is configured to expand within the case such that the expandable medium applies positive pressure to at least the portion of the workpiece enclosed by the case (paragraph 0067, that are configured to expand when a predetermined change is produced in an attribute of the expandable pellets and to thereby exert pressure upon workpiece assembly 212).
Regarding claim 2, Santiago further discloses at least a portion of the case is one of: rigid; flexible and non-expandable; and flexible and expandable (paragraphs 0074-0076, constraining container 220 can be prepared using a variety of a cement, a plaster, or a concrete… rigid form 214 can be a portion of, or an extension of, a lower surface of container 220)
Regarding claim 7, Santiago further discloses at least one of:
a casting configured to be applied and hardened over the expandable medium and at least the portion of the workpiece, wherein the casting and a portion of the case form the interior volume and the expandable medium is disposed within the interior volume between the casting and at least the portion of the workpiece;
an overlay configured to be draped over the expandable medium and at least the portion of the workpiece and coupled to the case, wherein the overlay and a portion of the case form the interior volume and the expandable medium is disposed within the interior volume between the overlay and at least the portion of the workpiece;
a forming tool configured to be situated in the interior volume and to support at least the portion of the workpiece;
an encapsulating element configured to enclose at least a portion of the expandable medium, wherein the encapsulating element is disposed within the interior volume between the case and at least the portion of the workpiece;
a volumetrically variant element disposed within the interior volume between the case and at least the portion of the workpiece (contractible elements 242 in Figures 16-18; paragraph 0069);
a volumetrically invariant element disposed within the interior volume between the case and at least the portion of the workpiece (volumetrically invariant adjuncts240 in Figures 14-15; paragraph 0069);
a caul plate disposed in the interior volume between the expandable medium and at least the portion of the workpiece; and bagging disposed over at least the portion of the workpiece.
Regarding claim 8, Santiago further discloses an activating element configured to initiate expansion or contraction of the expandable medium in the interior volume (paragraphs 0085-0086).
Regarding claim 10, Santiago further discloses the expandable medium is configured to expand to an expanded volume in response to a first predetermined change produced in an attribute of the expandable medium (paragraph 0047, one or more expandable pellets (also called expandable beads) each configured to expand (e.g., to a predetermined volume) when heated ); and
the expandable medium is configured to contract to a contracted volume in response to a second predetermined change produced in the attribute of the expandable medium (paragraph 0135, expandable pellets 232 can be combined with a plurality of additional pellets configured to shrink when cooled).
Regarding claim 11, Santiago further discloses the expandable medium is one of: exothermic during expansion; and endothermic during expansion (paragraph 0163, A mixture of exothermic and endothermic foamable pellets may be use).
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.
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Santiago.
Regarding claim 3, Santiago teaches all the elements of claim 1 and further discloses the case further comprises: a base; a cover; and a plurality of sides extending between the base and the cover; the base, the cover, and the sides form the interior volume; the cover is movable relative to the base between an open state and closed state (paragraph 0074, constraining container 220 can include multiple parts, such as a base, walls, and cover), but does not disclose the case comprises a fastener configured to secure the base and the cover together. However, Santiago discloses the multiple parts of the container are assembled and/or clamped together to form the constraining container (paragraph 0074). It would have been obvious to one of ordinary skill in the art to utilize a fastener or the like to assembly and/or clamp together the multiple parts of the constraining container to allow easier assembly and disassembly of the constraining container.
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Lyons (US 2016/0271844 A1).
Regarding claim 9, Santiago teaches all the elements of claim 1, but does not disclose at least one of:
a pressure sensor configured for detecting a pressure within the interior volume;
a shear pin configured to fail upon the pressure within the interior volume exceeding a predetermined threshold;
a heater in thermal communication with the expandable medium, wherein at least a portion of the case is thermally reflective (paragraph 0148);
a temperature sensor configured to detect a temperature of at least one of the expandable medium, the workpiece, and the interior volume;
a battery configured to store electrical power;
a solar collector configured to generate electrical power; and
a communication module configured to transmit a data representing a condition of at least one of a pressure and a temperature within the interior volume.
However, the use of pressure and temperature sensors for monitoring is known in the art. Lyons teaches a system for fabrication 200 in Figures; paragraphs 0033-0034), the system comprising: a case comprising an interior volume (upper and lower halves 204 in Figures 4, 6; having interior volume) and configured to enclose at least a portion of a workpiece to be fabricated (250; paragraph 0037); and an expandable medium (paragraphs 0008-0009, Each IML tool may be formed of material that expands when heated. Each IML tool may apply an internal compaction pressure to a composite assembly positioned between the OML tool surface and the IML tool surface when the expandable material is heated). Further, Lyons discloses the system comprises thermal and/or pressure sensors for monitoring at different locations (paragraphs 0049, 0067). It would have been obvious for one of ordinary skill in the art to have modified the invention of Santiago and provided a temperature and/or pressure sensor, as disclosed by Lyons, for the benefit of tracking the temperature and pressure.
Claim(s) 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Santiago, in view of Goodell (US 2004/0157519 A1).
Regarding claim 17, Santiago teaches a case comprising an interior volume (constraining container 220 in Figure 11, having an interior volume) and configured to enclose at least a portion of a workpiece to be fabricated (workpiece assembly 212); and an expandable medium (expandable pellets 232 in Figure 12), wherein: the expandable medium is configured to be applied in the interior volume between the case and at least the portion of the workpiece (as shown in Figure 12); and the expandable medium is configured to expand for applying a positive pressure to at least the portion of the workpiece enclosed by the case (paragraph 0067, that are configured to expand when a predetermined change is produced in an attribute of the expandable pellets and to thereby exert pressure upon workpiece assembly 212). Santiago does not disclose provide said components in a kit.
Goodell teaches a kit for preparing a composite material consisting of one or more components of a device useful in a method for preparing said material and instructions for assembling and/or using the device to fabricate said material. It would have obvious for one of ordinary skill in in the art to have provided the components of Santiago as a kit, for the benefit of faster assembly of said system, as disclosed by Goodell.
Regarding claim 20, Santiago, as modified by Goodell, teaches all the elements of claim 17 and further discloses at least one of:
a casting configured to be applied and hardened over the expandable medium and at least the portion of the workpiece;
an overlay configured to be draped over the expandable medium and at least the portion of the workpiece and coupled to the case;
a forming tool configured to be situated in the interior volume and to support at least the portion of the workpiece;
bagging disposed over at least the portion of the workpiece;
a caul plate disposed in the interior volume between the expandable medium and at least the portion of the workpiece;
a volumetrically variant element (contractible elements 242 in Figures 16-18; paragraph 0069 of Santiago);
a volumetrically invariant element (volumetrically invariant adjuncts240 in Figures 14-15; paragraph 0069 of Santiago);
an activating element configured to initiate expansion or contraction of the expandable medium in the interior volume;
an encapsulating element configured to enclose the expandable medium;
a communication module configured to transmit a data representing a condition of at least one of a pressure and a temperature within the interior volume;
a heater in thermal communication with the expandable medium;
a pressure sensor configured for detecting a pressure within the interior volume;
a temperature sensor configured to detect a temperature of at least one of the expandable medium, the workpiece, and the interior volume;
a battery configured to store electrical power; and
a solar collector configured to generate electrical power.
It would have been obvious for one of ordinary skilled in the art to have further modified Santiago/Goodell and provided a volumetrically variant element or volumetrically invariant element in the kit for the easier and quicker access to said elements. As disclosed by Santiago, said elements allow control of the pressure within the system (paragraph 0069 of Santiago).
Allowable Subject Matter
Claims 4-6 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art, alone or in combination, does not disclose:
“at least one of the sides comprises an opening;
the opening is configured to receive at least the portion of the workpiece;
the case further comprises a cap configured to cover the opening and constrain the expandable medium in the interior volume; and
the cap is configured to conform to the workpiece situated in the opening.” with respect to claim 4
“wherein at least one of the sides is movable relative to the base and the cover to selectively modify the interior volume.” with respect to claim 5;
“a second case comprising a second interior volume and configured to be coupled to the case and enclose a second portion of the workpiece,
wherein:
the expandable medium is further disposed within the second interior volume between the second case and the second portion of the workpiece; and
a portion of the case and a second portion of the second case are removable to place the interior volume and the second interior volume in communication.” with respect to claim 6;
“at least one of the sides is movable relative to the base and the cover to selectively modify the interior volume;
at least one of the sides comprises an opening;
the opening is configured to receive at least the portion of the workpiece;
the case further comprises a cap configured to cover the opening and constrain the expandable medium in the interior volume; and
the cap is configured to conform to the workpiece situated in the opening.” with respect to claim 18; and
“a second case comprising a second interior volume and configured to be coupled to the case and enclose a second portion of the workpiece, wherein:
the expandable medium is further configured to be applied in the second interior volume between the second case and at least the second portion of the workpiece; and
the expandable medium is configured to expand for applying the positive pressure to at least the second portion of the workpiece enclosed by the second case.” with respect to claim 19.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Virak Nguon whose telephone number is (571)272-4196. The examiner can normally be reached Monday-Thursday (and alternate Fridays) 7:30-5:00.
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/VIRAK NGUON/Examiner, Art Unit 1741 7/28/2026
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