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 .
The status of the 06/02/2026 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 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 Smith (US 20190248501)
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 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);
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 (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 (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 (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 (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).
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Hardman does not disclose the heater is a carbon nano-tube (CNT) heater comprising a CNT layer.
However, Smith discloses a heater (heater 108; fig. 1A/strip 300; fig. 3) is a carbon nano-tube (CNT) heater (carbon nanotube material) comprising a CNT layer (carbon nanomaterial layer 308) (para. 0024 and 0026).
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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 carbon nanotube material layer 308 as taught by Smith in order to use the carbon nanotube material as the heater because it heats up quickly and suitable for deicing applications (para. 0024 of Smith).
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 (carbon nanomaterial layer 308 of Smith) includes carbon nano-tubes (carbon nanotube material) (para. 0024 of Smith).
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 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), 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).
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Hardman does not disclose the heater is a carbon nano-tube (CNT) heater comprising a CNT layer.
However, Smith discloses a heater (heater 108; fig. 1A/strip 300; fig. 3) is a carbon nano-tube (CNT) heater (carbon nanotube material) comprising a CNT layer (carbon nanomaterial layer 308) (para. 0024 and 0026).
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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 carbon nanotube material layer 308 as taught by Smith in order to use the carbon nanotube material as the heater because it heats up quickly and suitable for deicing applications (para. 0024 of Smith).
Regarding Claim 12, the modification discloses the method, wherein heating includes providing heat with the CNT heater (carbon nanotube material layer 308 of Smith) (para. 0034 of Hardman).
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 Smith (US 20190248501) 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 in view of Smith 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 bond the adjacent layers together such that the layers would not flap around during flight. The modification would result in the structure shown below:
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Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over the modification of Hardman (US 20190322375) and Smith (US 20190248501) 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).
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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 Smith 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 Amendment
With respect to 112b rejections: since amendment made to claim 1, therefore the 112b rejections are withdrawn.
Response to Arguments
Applicant's arguments filed on 06/02/2026 have been fully considered but they are respectfully considered moot in view of new ground of rejections.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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.
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/BONITA KHLOK/ Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/ Supervisory Patent Examiner, Art Unit 3761
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