Prosecution Insights
Last updated: October 02, 2026
Application No. 18/168,133

MULTILAYER STRUCTURE WITH CARBON NANOTUBE HEATERS

Non-Final OA §103
Filed
Feb 13, 2023
Priority
Oct 18, 2021 — provisional 63/256,673 +1 more
Examiner
KHLOK, BONITA
Art Unit
3761
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Collins Aerospace
OA Round
3 (Non-Final)
49%
Grant Probability
Moderate
3-4
OA Rounds
4m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 49% of resolved cases
49%
Career Allowance Rate
104 granted / 212 resolved
-20.9% vs TC avg
Strong +48% interview lift
Without
With
+48.3%
Interview Lift
resolved cases with interview
Typical timeline
4y 0m
Avg Prosecution
39 currently pending
Career history
251
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
53.8%
+13.8% vs TC avg
§102
16.7%
-23.3% vs TC avg
§112
27.2%
-12.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 212 resolved cases

Office Action

§103
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/28/2026 has been entered. The status of the 08/07/2026 claims, is as follows: Claims 1, and 11 have been amended; Claims 7-10 have been canceled; and Claims 1-6 and 11-13 are pending. Claim Objections Claims 1-6 are objected to because of the following informalities: In claim 1: the phrase “is infused” in line 11 should be read “are infused” to correct grammatical error. Appropriate correction is required. Information Disclosure Statement The (1) information disclosure statements (IDS) submitted on 07/15/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1-3, 5, and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Hardman (US 20190322375) in view of Hu (US 20180162077) Regarding Claim 1, Hardman discloses a multilayer heating structure (composite structure 10 with an integrated heating assembly; fig. 1) for controlling ice accumulation on a surface of an aircraft (ice protection systems for composite aerostructures) (para. 0034 and “composite materials that incorporate an integrated heating assembly. The present invention finds particular application to the field of ice protection systems for composite aerostructures”, para. 0002), the structure comprising: a heater (heating layer 30, first insulation layer 28, and second insulation layer 28; fig. 1) comprising: a heating layer (heating layer 30; fig. 1) forming a heating layer (heating layer 30); a first encapsulation layer (first insulation layer 28; annotated fig. 1) formed of a first encapsulation layer thermoplastic material (PEEK/S2) disposed on a first side of the heating layer (“the insulation layers are formed of PEEK/S2 fiberglass reinforced thermoplastic unidirectional tape”, para. 0052); and a second encapsulation layer (second insulation layer 28; annotated fig. 1) formed of a second encapsulation layer thermoplastic material (PEEK/S2) disposed on a second side of the heating layer (“the insulation layers are formed of PEEK/S2 fiberglass reinforced thermoplastic unidirectional tape”, para. 0052); a fore composite structure (structural layer 26; annotated fig. 1) that includes a fore composite structure thermoplastic material (thermoplastic composites i.e. TC1225) disposed on the first side of heating heater (“the structural layers 25, 26 are formed of one or more composite laminae, which may be carbon fiber reinforced thermoplastic composites….Several exemplary prepreg materials that may be used to form the structural elements 25, 26 include, but are not limited to, materials produced by TenCate Advanced Composites USA of Morgan Hill, Calif. and sold under the name CETEX, such as TC1200, TC1225 and TC1320.” , para. 0037); and an aft composite structure (structural layer 25; annotated fig. 1) that includes an aft composite structure thermoplastic material (thermoplastic composites i.e. TC1225) disposed on the second side of CNT heater (“the structural layers 25, 26 are formed of one or more composite laminae, which may be carbon fiber reinforced thermoplastic composites….Several exemplary prepreg materials that may be used to form the structural elements 25, 26 include, but are not limited to, materials produced by TenCate Advanced Composites USA of Morgan Hill, Calif. and sold under the name CETEX, such as TC1200, TC1225 and TC1320.” , para. 0037); wherein the first encapsulation layer thermoplastic material (PEEK/S2 of first insulation layer 28) and the second encapsulation layer thermoplastic material (PEEK/S2 of second insulation layer 28. According to attached non-patent literature to Trelleborg, “Continuous S-2 Glass/PEEK Composite”, the melting temperature of PEEK/S2 is 653° F) have higher melting temperatures than both the fore composite structure thermoplastic material (TC1225 of structural layer 26) and the aft composite structure thermoplastic material (TC1225 of structural layer 25) (it is noted according to attached non-patent literature to NCAMP, TC 1225 has melting temperature of 582° F). PNG media_image1.png 667 1218 media_image1.png Greyscale Hardman does not disclose: the heater is a carbon nano-tube (CNT) heater comprising a CNT layer; wherein the thermoplastic material of the first encapsulation layer and the thermoplastic material of the second encapsulation layer is infused between the carbon nanotubes of the CNT layer forming the heating layer. However, Hu discloses a heating element is a carbon nano-tube (CNT) heater comprising a CNT layer (CNT-filled thermoplastic film 10) (“By reducing the resistivity of CNT-filled thermoplastic film 10, film 10 becomes a suitable replacement for the alloy heating elements currently used for aircraft ice protection.”, para. 0009) PNG media_image2.png 468 434 media_image2.png Greyscale Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the heating layer 30 of Hardman with the CNT-filled thermoplastic film 10 as taught by Hu, because CNTs are known for their much lighter mass, thereby reduce the overall weight of the heating component significantly, which has applications in aerospace and aviation technologies (para. 0001 and “ film 10 becomes a suitable replacement for the alloy heating elements currently used for aircraft ice protection.”, para. 0009 of Hu) Regarding the limitation “wherein the thermoplastic material of the first encapsulation layer and the thermoplastic material of the second encapsulation layer is infused between the carbon nanotubes of the CNT layer forming the heating layer.”, Hardman discloses the plurality of layers are integrally connected by fusing the layers. Specifically, the layers are heated to melt the thermoplastic matrix and apply the sufficient pressure to fuse the layers together. In this way, the heating layer 30 is embedded within the laminate between the layers 25, 26 (para. 0046 and 0017). Para. 0014 further states that the thermoplastic of each of the heater layer, the upper layer and the lower layer are fused with the thermoplastic in adjacent layers. Hu discloses the CNT filled-thermoplastic film 10 is made of carbon nanotubes 14 (para. 0009). The modification would result in the thermoplastic material of the first encapsulation layer and the thermoplastic material of the second encapsulation layer is infused between the carbon nanotubes of the CNT layer forming the heating layer because the thermoplastic of the layer 28 of Hardman disposed above the CNT filled-thermoplastic film 10 of Hu would fuse with the underlying thermoplastic matrix 12 of the CNT-filled thermoplastic film 10 of Hu that would result in the pliable thermoplastic of layer 28 penetrates into the gaps between the nanotubes of the CNT thermoplastic film 10. Similarly, the thermoplastic of the layer 28 of Hardman disposed below the CNT filled-thermoplastic film 10 of Hu would fuse with the overlying thermoplastic matrix 12 of the CNT-filled thermoplastic film 10 of Hu that would result in the pliable thermoplastic of layer 28 penetrates the gaps between the nanotubes of the CNT thermoplastic film 10. Regarding Claim 2, Hardman discloses the multilayer heating structure (composite structure 10), wherein the fore and aft composite structure thermoplastic materials (thermoplastic composites i.e. TC1225 of structural layers 25, 26) are the same thermoplastic material (para. 0037). Regarding Claim 3, Hardman discloses the multilayer heating structure (composite structure 10), wherein the aft composite structure (structural layer 25) directly contacts the second encapsulation layer (second insulation layer 28) (fig. 1). Regarding Claim 5, the modification discloses the multilayer heating structure (composite structure 10 of Hardman), wherein the CNT layer (CNT-filled thermoplastic film 10 of Hu) includes carbon nano-tubes (carbon nanotubes) (para. 0009; fig. 2 of Hu). Regarding Claim 11, Hardman discloses a method of forming a multilayer heating structure (composite structure 10 with an integrated heating assembly; fig. 1) for controlling ice accumulation on a surface of an aircraft (ice protection systems for composite aerostructures) (para. 0034 and “composite materials that incorporate an integrated heating assembly. The present invention finds particular application to the field of ice protection systems for composite aerostructures”, para. 0002), the structure comprising: receiving a heater (heating layer 30, first insulation layer 28, and second insulation layer 28) comprising: a heating layer (heating layer 30) forming a heating layer (heating layer 30), a first encapsulation layer (first insulation layer 28; annotated fig. 1) disposed on a first side of the heating layer formed of a first encapsulation layer thermoplastic material (PEEK/S2, “the insulation layers are formed of PEEK/S2 fiberglass reinforced thermoplastic unidirectional tape”, para. 0052) a second encapsulation layer (second insulation layer 28; annotated fig. 1) disposed on a second side of the heating layer formed of a second encapsulation layer thermoplastic material (PEEK/S2, “the insulation layers are formed of PEEK/S2 fiberglass reinforced thermoplastic unidirectional tape”, para. 0052); receiving a fore composite structure (structural layer 26; annotated fig. 1) that includes a fore composite structure thermoplastic material (thermoplastic composites i.e. TC1225) (para. 0037); disposing the fore composite structure on the first side of heater (annotated fig. 1); receiving an aft composite structure (structural layer 25; annotated fig. 1) that includes an aft composite structure thermoplastic material (thermoplastic composites i.e. TC1225) (para. 0037); disposing the aft composite structure disposed on the second side of heater (annotated fig. 1) to form an assembly (laminate 20) that includes the heater (heating layer 30, first insulation layer 28, and second insulation layer 28), the fore composite structure (structural layer 26) and the aft composite structure (structural layer 25) (fig. 1); and heating the assembly (laminate 20) to at least partially melt the fore and aft composite structure thermoplastics and the first and second encapsulation layer thermoplastic bond to them assembly together (para. 0046 and 0053); wherein the first encapsulation layer thermoplastic material (PEEK/S2 of first insulation layer 28) and the second encapsulation layer thermoplastic material (PEEK/S2 of second insulation layer 28. According to attached non-patent literature to Trelleborg, “Continuous S-2 Glass/PEEK Composite”, the melting temperature of PEEK/S2 is 653° F) have higher melting temperatures than both the fore composite structure thermoplastic material (TC1225 of structural layer 26) and the aft composite structure thermoplastic material (TC1225 of structural layer 25) (it is noted according to attached non-patent literature to NCAMP, TC 1225 has melting temperature of 582° F). PNG media_image1.png 667 1218 media_image1.png Greyscale Hardman does not disclose: the heater is a carbon nano-tube (CNT) heater comprising a CNT layer, wherein the CNT layer includes carbon nano-tubes; melting the first encapsulation layer thermoplastic material and the second encapsulation layer thermoplastic material so that the material infuses between the carbon nanotubes of the CNT layer forming the heating layer. However, Hu discloses a heating element is a carbon nano-tube (CNT) heater comprising a CNT layer (CNT-filled thermoplastic film 10) (“By reducing the resistivity of CNT-filled thermoplastic film 10, film 10 becomes a suitable replacement for the alloy heating elements currently used for aircraft ice protection.”, para. 0009) PNG media_image2.png 468 434 media_image2.png Greyscale Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the heating layer 30 of Hardman with the CNT-filled thermoplastic film 10 as taught by Hu, because CNTs are known for their much lighter mass, thereby reduce the overall weight of the heating component significantly, which has applications in aerospace and aviation technologies (para. 0001 and “ film 10 becomes a suitable replacement for the alloy heating elements currently used for aircraft ice protection.”, para. 0009 of Hu) Regarding the limitation “melting the first encapsulation layer thermoplastic material and the second encapsulation layer thermoplastic material so that the material infuses between the carbon nanotubes of the CNT layer forming the heating layer.”, Hardman discloses the plurality of layers are integrally connected by fusing the layers. Specifically, the layers are heated to melt the thermoplastic matrix and apply the sufficient pressure to fuse the layers together. In this way, the heating layer 30 is embedded within the laminate between the layers 25, 26 (para. 0046 and 0017). Para. 0014 further states that the thermoplastic of each of the heater layer, the upper layer and the lower layer are fused with the thermoplastic in adjacent layers. Hu discloses the CNT filled-thermoplastic film 10 is made of carbon nanotubes 14 (para. 0009). The modification would result the method comprising melting the first encapsulation layer thermoplastic material and the second encapsulation layer thermoplastic material so that the material infuses between the carbon nanotubes of the CNT layer forming the heating layer because the thermoplastic of the layer 28 of Hardman disposed above the CNT filled-thermoplastic film 10 of Hu would fuse with the underlying thermoplastic matrix 12 of the CNT-filled thermoplastic film 10 of Hu that would result in the pliable thermoplastic of layer 28 penetrates into the gaps between the nanotubes of the CNT thermoplastic film 10. Similarly, the thermoplastic of the layer 28 of Hardman disposed below the CNT filled-thermoplastic film 10 of Hu would fuse with the overlying thermoplastic matrix 12 of the CNT-filled thermoplastic film 10 of Hu that would result in the pliable thermoplastic of layer 28 penetrates the gaps between the nanotubes of the CNT thermoplastic film 10. Regarding Claim 12, the modification discloses the method, wherein heating includes providing heat with the CNT heater (CNT-filled thermoplastic film 10 of Hu) (“By reducing the resistivity of CNT-filled thermoplastic film 10, film 10 becomes a suitable replacement for the alloy heating elements currently used for aircraft ice protection.”, para. 0009 of Hu). Regarding Claim 13, Hardman discloses the method, the multilayer heating structure (composite structure 10), wherein the fore and aft composite structure thermoplastic materials (thermoplastic composites i.e. TC1225 of structural layers 25, 26) are the same thermoplastic material (para. 0037). Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over the modification of Hardman (US 20190322375) and Hu (US 20180162077) as applied to claim 1, further in view of Jacob (US 20200189751) Regarding Claim 4, the modification discloses substantially all of the claimed features as set forth above, except the aft composite structure does not directly contact the second encapsulation layer. It is noted that Hardman discloses the aft composite structure (structural layer 25) directly contacts the second encapsulation layer (second insulation layer 28) (fig. 1). However, Jacob discloses a multilayer heating structure (multilayer structure 10), wherein an adhesive layer 22 is utilized to bond adjacent layers together (para. 0020; fig. 1). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the multilayer heating structure of Hardman to include the adhesive layer 22 as taught by Jacob sandwiched between the structural layer 25 and the second insulation layer 28, in order to secure a strong bond using the adhesive layer 22 between the adjacent layers. The modification would result in the structure shown below: PNG media_image3.png 714 1300 media_image3.png Greyscale Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over the modification of Hardman (US 20190322375) and Hu (US 20180162077) as applied to claim 2, further in view of Park (US 20220074898) Regarding Claim 6, the modification discloses substantially all of the claimed features as set forth above, except wherein the CNT layer further include one or more metal layers. However, Park discloses a CNT layer (heat generating layer 500 comprising carbon nanotubes) include one or more metal layers (metal electrode 600) (para. 0052). PNG media_image4.png 150 404 media_image4.png Greyscale Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the CNT layer of Hardman in view of Hu to include the one or more metal layers as taught by Park, in order to apply electric energy to the metal layer and the electric energy is converted into thermal energy with high efficiency in the CNT layer (para. 0053 of Park). Response to Arguments Applicant’s arguments filed on 08/07/2026 have been fully considered but are respectfully considered moot in view of new ground of rejections. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BONITA KHLOK whose telephone number is (571)270-7313. The examiner can normally be reached on M-F: 9:00am-6pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, IBRAHIME ABRAHAM can be reached on (571)270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /BONITA KHLOK/ Examiner, Art Unit 3761
Read full office action

Prosecution Timeline

Feb 13, 2023
Application Filed
Mar 03, 2026
Non-Final Rejection mailed — §103
Jun 02, 2026
Response Filed
Jun 30, 2026
Final Rejection mailed — §103
Aug 07, 2026
Response after Non-Final Action
Aug 28, 2026
Request for Continued Examination
Sep 01, 2026
Response after Non-Final Action
Sep 22, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
49%
Grant Probability
97%
With Interview (+48.3%)
4y 0m (~4m remaining)
Median Time to Grant
High
PTA Risk
Based on 212 resolved cases by this examiner. Grant probability derived from career allowance rate.

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