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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/11/2025 has been entered.
Response to Arguments
Applicant's arguments filed 12/11/2025 have been fully considered but they are not fully persuasive.
Applicant argues that Wadsworth describes moving the heating element across the composite to heat the different areas and that Wadsworth does not disclose the amended claim limitations in claims 1 and 19-20 regarding the heating element being stationary. Examiner agrees that Wadsworth moves the heating element, however Spalding discloses heating two different areas all in the same step without moving the heating blanket so as to maintain the temperature profile across the areas during curing. Additionally, the specification does not describe that the heating element is stationary or is stationary during at least the heating process and does not support this amended limitation. The instant specification specifically describes moving the heat source in a pre-determined pattern or using a robotic arm to move the heat source relative to the composite panel. Claims 2-18 also still remain rejected.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, 19, and 20 each recite “the stationary heating element” and “the thermoplastic composite panel and the heating element are stationary…throughout the heating process.” The specification does not support the heating element being stationary or being stationary relative to the composite panel. The specification refers multiple times to a heat source which is moved, see [0035]-[0037]. The specification says at [0036], “The control system for controlling the heat source can comprise a processor, circuitry, and/or memory devices configured for instructing the heat source to either move in a pre-determined pattern and/or otherwise heat up different portions of the thermoplastic composite panel in a particular order / pattern. For example, the control system can instruct the heat source regarding which sections of the heat plate to turn on, when, for how long, and at what temperature,” but this portion does not specify that the heat source is stationary during this process. Claims 2-18 are rejected as being dependent from claim 1.
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 1-20 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.
Claims 1, 19, and 20 recite the limitation "the stationary heating element”. There is insufficient antecedent basis for this limitation in the claim. Each claim previously recites “a heating element” but it is not specified that the heating element is stationary and therefore “the stationary heating element” does not have antecedent basis. This will be interpreted to refer to any stationary heating element. Claims 2-18 are rejected as being dependent from a rejected base claim.
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.
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.
Claims 1-15 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wadsworth modified by Spalding (US 2021/0331433.)
Regarding claim 1, Wadsworth meets the claimed, A method of thermoplastic composite processing, (Wadsworth [0034] describes thermoplastic component welding) the method comprising: placing the thermoplastic panel on a heating element, (Wadsworth Figure 3 shows the heated plate 28 under the thermoplastic panel 22) compressing a thermoplastic composite panel, (Wadsworth [0033] describes pressing the thermoplastic components 22,24 together) wherein the thermoplastic composite panel includes a plurality of terminal edges; (Wadsworth Figure 3 shows the components 22 and 24 are panels with terminal edges) controlling the heating element to conduct a heating process (Wadsworth [0045] describe controlling the plate element to perform heating) comprising heating the thermoplastic composite panel to at least a melting temperature to create a melt front of the thermoplastic composite panel at a first location while keeping other locations of the thermoplastic composite panel at temperatures lower than the melting temperature so that the melt front is initially localized to the first location; and subsequently heating the other locations of the thermoplastic composite panel to at least the melting temperature (Wadsworth [0045] describes placing a system 20 at a first location, heating the composite to the melting temperature, and then subsequently melting other portions of the surface) in a pre-determined pattern from the first location to progressively extend the melt front toward the terminal edges of the thermoplastic composite panel (Wadsworth Figure 3 and [0045] describe successively melting the thermoplastics, see Figure 3 showing the system moving towards the terminal edges) to cause air constrained within the thermoplastic composite panel to escape the thermoplastic composite panel through unmelted portions of the thermoplastic composite panel located between the melt front and the terminal edges (Wadsworth [0039] describes squeezing excess air out of the composite.)
Wadsworth [0037] describes individually controlled circuits on the heating element but still describes moving the plate to generate heat in different areas does not describe stationary heating element or wherein the thermoplastic composite panel and the heating element are stationary relative to one another throughout the heating process.
Spalding also describes heating a thermoplastic panel and meets the claimed, stationary heating element (Spalding [0047]-[0048] describe a heating blanket with heating elements that do not move while heating) wherein the thermoplastic composite panel and the heating element are stationary relative to one another throughout the heating process (Spalding [0047]-[0048] describes at least one heating step where two different portions of the composite are heated to different degrees before the heating elements are removed.)
It would have been obvious to a person of ordinary skill in the art before the filing date to combine the method of heating multiple different areas as described in Wadsworth with the heating elements that heat two different locations prior to moving/removing the heating element as described in Spalding in order to maintain the desired temperature in the entire rework area during, see Spalding [0048].
Regarding claim 2, Wadsworth does not describe a bag and does not meet the claimed, The method of claim 1, wherein compressing the thermoplastic composite panel includes: surrounding the thermoplastic composite panel with a bag and reducing a pressure within the bag.
Spalding also describes heating a thermoplastic panel and meets the claimed, The method of claim 1, wherein compressing the thermoplastic composite panel includes: surrounding the thermoplastic composite panel with a bag and reducing a pressure within the bag (Spalding [0036] describes placing a patch in a vacuum bag.)
It would have been obvious to a person of ordinary skill in the art before the filing date to combine the method of Wadsworth with the bag of Spalding in order to mitigate non-uniform melt temperatures, see Spalding [0036].
Regarding claim 3, Wadsworth discloses cooling, see [0043]-[0044] but does not semi- crystalline or amorphous resin upon cooling.
Spalding meets the claimed, The method of claim 1, further comprising cooling the thermoplastic composite panel, (Spalding [0116] describes removing the heat blanket which would cool the pre-preg) wherein the thermoplastic composite panel includes a matrix resin that is semi- crystalline or amorphous upon cooling (Spalding [0004] describes epoxy which is amorphous.)
It would have been obvious to a person of ordinary skill in the art before the filing date to combine the cooling step in Wadsworth with the amorphous epoxy in Spalding in order to obtain benefits of amorphous polymers such as impact resistance.
Regarding claim 4, Wadsworth meets the claimed, The method of claim 1, wherein the first location is a central location of the thermoplastic composite panel (Wadsworth Figure 3 shows the system 20 in the middle and moving towards the right.)
Regarding claim 5, Wadsworth meets the claimed, The method of claim 1, wherein the first location is at or adjacent to a terminal edge of the thermoplastic composite panel (Wadsworth [0034] describes beginning at position 32a which is on the left terminal edge of Figure 3.)
Regarding claim 6, Wadsworth meets the claimed, The method of claim 5, wherein the first location extends an entire length between two non-adjacent terminal edges of the thermoplastic composite panel (Wadsworth Figures 5-6 show the extended length.)
Regarding claim 7, Wadsworth meets the claimed, The method of claim 5, wherein the first location is a portion of an entire length of the terminal edge of the thermoplastic composite panel (Wadsworth Figures 5-6 show the extended length which also includes a portion of the length.)
Regarding claim 8, Wadsworth does not describe a spiral pattern. Spalding meets the claimed, The method of claim 4, wherein the pre-determined pattern is a spiral pattern, wherein the first location of the thermoplastic composite panel is heated to at least the melting temperature to create the melt front, whereafter zones of the thermoplastic composite panel extending radially outward and in a simultaneous circular manner are subsequently and sequentially heated to at least the melting temperature to cause the melt front to expand in an outward radial manner to cause the air to migrate radially outward from the first location toward at least one terminal edge (Spalding Figure 14 shows a spiral heating pattern as claimed.)
The courts have held that substituting one known element, such as the heating pattern shape, for another according to known methods to yield predictable results would have been obvious to a person of ordinary skill in the art before the filing date, see MPEP §2143. It would have been obvious to a person of ordinary skill in the art before the filing date to substitute the pattern of Wadsworth with the spiral pattern of Spalding in because it is a known pattern for heating the thermoplastic polymer with a reasonable expectation of success.
Regarding claim 9, Wadsworth does not describe a starburst pattern and does not meet claim 8. Spalding meets the claimed, The method of claim 4, wherein the pre-determined pattern is a starburst pattern, wherein the first location of the thermoplastic composite panel is heated to at least the melting temperature to create the melt front, whereafter at least a first zone immediately adjacent to and completely surrounding the first location is subsequently heated to the melting temperature such that the melt front moves radially outward from the first location toward the terminal edges of the thermoplastic composite panel (Spalding Figure 13 shows a starburst pattern moving away from the hottest zone in the middle, see also Figure 14.)
The courts have held that substituting one known element, such as the heating pattern shape, for another according to known methods to yield predictable results would have been obvious to a person of ordinary skill in the art before the filing date, see MPEP §2143. It would have been obvious to a person of ordinary skill in the art before the filing date to substitute the pattern of Wadsworth with the starburst pattern of Spalding in because it is a known pattern for heating the thermoplastic polymer with a reasonable expectation of success.
Regarding claim 10, Wadsworth as modified by Spalding further meets the claimed, The method of claim 9, wherein subsequent to the first location and the first zone being heated to at least the melting temperature, a second zone immediately adjacent to and completely surrounding the first zone is subsequently heated to the melting temperature such that the melt front moves radially outward from the first location and the first zone toward the terminal edges of the thermoplastic composite panel (Wadsworth [0045] describe the successive heating and Figure 3 shows moving towards the edges, Spalding Figure 14 describes the particular pattern.)
Regarding claim 11, Wadsworth meets the claimed, The method of claim 5, wherein the melt front is extended in a linear pattern, wherein the first location of the thermoplastic composite panel is heated to at least the melting temperature to create the melt front, whereafter the portions of the thermoplastic composite panel immediately adjacent to the first location are heated to at least the melting temperature to cause the melt front to move linearly toward the terminal edge opposite the first location until the melt front reaches the terminal edge opposite the first location (Wadsworth Figure 3 shows the linear movement across the composite from left to right, [0045] describes the successive melting.)
Regarding claim 12, Wadsworth does not describe a pre-heating step and does not meet claim 12. Spalding meets the claimed, The method of claim 1 further comprising pre-heating the thermoplastic composite panel to a temperature above ambient temperature but below the melting temperature of the thermoplastic composite panel (Spalding Figure 13 shows portions which are heated above ambient temperature but below the curing temperature.)
It would have been obvious to a person of ordinary skill in the art before the filing date to combine the melting step in Wadsworth with the step of pre-heating the panel as described in Spalding in order to avoid temperature deviations, see Spalding [0140].
Regarding claim 13, Spalding further meets the claimed, The method of claim 12, wherein pre-heating the thermoplastic composite panel includes heating the thermoplastic composite panel to a temperature between about one to twelve percent (1-12%) below the melting temperature (Spalding Figure 13 shows a continuous range of the temperature from 80°-341° F.)
It would have been obvious to a person of ordinary skill in the art before the filing date to combine the melting step in Wadsworth with the step of pre-heating the panel as described in Spalding in order to avoid temperature deviations, see Spalding [0140].
Regarding claim 14, Wadsworth meets the claimed, The method of claim 1, wherein the heating element includes a plurality of individually-controlled heat zones at different locations along the heating element (Wadsworth [0036]-[0037] describe multiple independently controlled heating circuits.)
Regarding claim 15, Wadsworth discloses a support surface 76 but does not disclose if it is insulating and does not meet claim 15. Spalding meets the claimed, The method of claim 1, further comprising applying insulation on at least a portion of one of a front and a back surface of the thermoplastic composite panel (Spalding [0036] describes applying insulation within the vacuum bag.)
It would have been obvious to a person of ordinary skill in the art before the filing date to combine the method of Wadsworth with the insulation of Spalding in order to achieve temperature uniformity during heating, see Spalding [0036].
Regarding claim 18, Wadsworth meets the claimed, The method of claim 1, wherein the thermoplastic composite panel is non- planar (Wadsworth Figure 3 shows a slight bend in the component 24.)
Regarding claim 19, A method of thermoplastic composite processing, (Wadsworth [0034] describes thermoplastic component welding) the method comprising: placing the thermoplastic panel on a heating element, (Wadsworth Figure 3 shows the heated plate 28 under the thermoplastic panel 22) compressing a thermoplastic composite panel, wherein the thermoplastic composite panel includes a plurality of terminal edges; (Wadsworth Figure 3 shows the components 22 and 24 are panels with terminal edges) controlling the heating element to conduct a heating process (Wadsworth [0045] describe controlling the plate element to perform heating) heating the thermoplastic composite panel to at least a melting temperature using at least one heat source to create a melt front of the thermoplastic composite panel at a first location while keeping other locations of the thermoplastic composite panel at temperatures lower than the melting temperature so that the melt front is initially localized to the first location; and subsequently heating the other locations of the thermoplastic composite panel to at least the melting temperature (Wadsworth [0045] describes placing a system 20 at a first location, heating the composite to the melting temperature, and then subsequently moving the system along to further melt other portions of the surface) in a pre-determined pattern from the first location to progressively extend the melt front toward the terminal edges of the thermoplastic composite panel (Wadsworth Figure 3 and [0045] describe moving the system 20 along the interface 58 to successively melt the thermoplastics, see Figure 3 showing the system moving towards the terminal edges) to cause air constrained within the thermoplastic composite panel to escape the thermoplastic composite panel through unmelted portions of the thermoplastic composite panel located between the melt front and the terminal edges (Wadsworth [0039] describes squeezing excess air out of the composite.)
Wadsworth describes moving the plate to generate heat in different areas does not describe stationary heating element or wherein the thermoplastic composite panel and the heating element are stationary relative to one another throughout the heating process.
Spalding also describes heating a thermoplastic panel and meets the claimed, stationary heating element (Spalding [0047]-[0048] describe a heating blanket with heating elements that do not move while heating) wherein the thermoplastic composite panel and the heating element are stationary relative to one another throughout the heating process (Spalding [0047]-[0048] describes at least one heating step where two different portions of the composite are heated to different degrees before the heating elements are removed.)
It would have been obvious to a person of ordinary skill in the art before the filing date to combine the method of heating multiple different areas as described in Wadsworth with the heating elements that heat two different locations without/before moving as described in Spalding in order to maintain the desired temperature in the entire rework area during, see Spalding [0048].
Regarding claim 20, Wadsworth meets the claimed, A method of thermoplastic composite processing, the method comprising: placing the thermoplastic panel on a heating element, (Wadsworth Figure 3 shows the heated plate 28 under the thermoplastic panel 22) compressing a thermoplastic composite panel, (Wadsworth [0033] describes pressing the thermoplastic components 22,24 together) wherein the thermoplastic composite panel includes a plurality of terminal edges; (Wadsworth Figure 3 shows the components 22 and 24 are panels with terminal edges) controlling the heating element to conduct a heating process (Wadsworth [0045] describe controlling the plate element to perform heating) heating the thermoplastic composite panel to at least a melting temperature to create a melt front of the thermoplastic composite panel at a first location while keeping other locations of the thermoplastic composite panel at temperatures lower than the melting temperature so that the melt front is initially localized to the first location; subsequently heating the other locations of the thermoplastic composite panel to at least the melting temperature (Wadsworth [0045] describes placing a system 20 at a first location, heating the composite to the melting temperature, and then subsequently moving the system along to further melt other portions of the surface) in a pre-determined pattern from the first location to progressively extend the melt front toward the terminal edges of the thermoplastic composite panel (Wadsworth Figure 3 and [0045] describe moving the system 20 along the interface 58 to successively melt the thermoplastics, see Figure 3 showing the system moving towards the terminal edges) to cause air constrained within the thermoplastic composite panel to escape the thermoplastic composite panel through unmelted portions of the thermoplastic composite panel located between the melt front and the terminal edges; (Wadsworth [0039] describes squeezing excess air out of the composite) and cooling the thermoplastic composite panel to a temperature below the melting temperature after an entirety of the thermoplastic composite panel has been heated to at least the melting temperature (Wadsworth 0044] describes purposeful cooling, however, after cooling also occurs after the panel has been melted, see [0043].)
Wadsworth describes moving the plate to generate heat in different areas does not describe stationary heating element or wherein the thermoplastic composite panel and the heating element are stationary relative to one another throughout the heating process.
Spalding also describes heating a thermoplastic panel and meets the claimed, stationary heating element (Spalding [0047]-[0048] describe a heating blanket with heating elements that do not move while heating) wherein the thermoplastic composite panel and the heating element are stationary relative to one another throughout the heating process (Spalding [0047]-[0048] describes at least one heating step where two different portions of the composite are heated to different degrees before the heating elements are removed.)
It would have been obvious to a person of ordinary skill in the art before the filing date to combine the method of heating multiple different areas as described in Wadsworth with the heating elements that heat two different locations without/before moving as described in Spalding in order to maintain the desired temperature in the entire rework area during, see Spalding [0048].
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Wadsworth modified by Spalding as applied to claim 1 above, and further in view of Aubry ( US 5,454,693)
Regarding claim 16, Wadsworth does not describe the claimed, The method of claim 1, wherein heating the thermoplastic composite panel is performed by one or more of the following: controlled infrared heating, torching or hot air blasts, and induction coils having varying amounts of magnetic field strength in different regions in contact with the thermoplastic composite panel.
Analogous in the field of thermoplastic panel shaping, Aubry also describes a method of heating and curing thermoplastic structural panels and meets the claimed, The method of claim 1, wherein heating the thermoplastic composite panel is performed by one or more of the following: controlled infrared heating, torching or hot air blasts, and induction coils having varying amounts of magnetic field strength in different regions in contact with the thermoplastic composite panel (Aubry col. 13 lines 3-6 describe infrared heating or pulsed hot air.)
The courts have held that substituting one known prior art element for another according to known methods to yield predictable results would have been obvious to a person of ordinary skill in the art before the filing date, see MPEP §2143. It would have been obvious to a person of ordinary skill in the art before the filing date to substitute the infrared heating or pulsed hot air described in Aubry in place of the heating circuits described in Wadsworth to yield the predicted result of heating the thermoplastic matrix.
Regarding claim 17, Wadsworth describes a thermoplastic but does not specify the type and does not meet the claimed, The method of claim 1, wherein the thermoplastic composite panel comprises a reinforcement fiber and a thermoplastic matrix resin, wherein the thermoplastic matrix resin is one or more of: polyaryletherketone (PAEK), polyetherketoneketone (PEKK), polyetheretherketone (PEEK), polyphenylene sulfide (PPS), and Polyethylenimine (PEI).
Aubry also describes thermoplastic aeronautic components and meets the claimed, The method of claim 1, wherein the thermoplastic composite panel comprises a reinforcement fiber and a thermoplastic matrix resin, wherein the thermoplastic matrix resin is one or more of: polyaryletherketone (PAEK), polyetherketoneketone (PEKK), polyetheretherketone (PEEK), polyphenylene sulfide (PPS), and Polyethylenimine (PEI) (Aubry col. 3 lines 59-66 describes using PEEK.)
It would have been obvious to a person of ordinary skill in the art before the filing date to combine the thermoplastic material of Wadsworth with the PEEK of Aubry for its advantageous properties including good static mechanical behavior, better fatigue strength, high damage tolerance, and good temperature resistance, see col. 3 lines 59-66.
Conclusion
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/V.B./Examiner, Art Unit 1744
/XIAO S ZHAO/Supervisory Patent Examiner, Art Unit 1744