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 amendment filed January 22, 2026 has been entered.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 14-20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Hailey (US 4,707,212).
Claims 14-15 and 18: Hailey discloses an apparatus to provide a carbon composite component (col. 1, lines 10-14). The apparatus includes a set of carbon composite material sources (col. 4, line 65 – col. 5, line 7; supply reels 76, 78 storing graphite epoxy tape); a base (col. 4, lines 50-55); layering equipment constructed and arranged to be capable of performing a method (figs. 1-2) of: providing, from the set of carbon composite material sources on the base, a first carbon composite layer (col. 2, lines 56-60), providing, from the set of carbon composite material sources, a second carbon composite layer in contact with the first carbon composite layer (col. 2, lines 60-65), providing, from the set of carbon composite material sources, a third carbon composite layer in contact with the second carbon composite layer (col. 2, lines 60-65; fig. 7); wherein the set of carbon composite material sources includes a set of spools (fig. 2; supply reels 76, 78); wherein the layering equipment includes a pressing head (tape laying head 10 with laydown rollers 12, 14; fig. 1); and wherein providing the third carbon composite layer in contact with the second carbon composite layer includes unwinding, as the third carbon composite layer, carbon composite tape from the set of spools and applying pressure from the pressing head to press the carbon composite tape and the second carbon composite layer together (col. 4, line 3 – col. 5, line 5).
Hailey discloses the workpiece including carbon composite material, but is silent as to the workpiece including fibers. However, Applicant is reminded that apparatus claims are not limited by the material worked upon (MPEP §2115). Furthermore, apparatus claims are not limited by the function they perform (MPEP §2114). While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. As the apparatus of the prior art and the claimed apparatus are patentably indistinguishable in terms of structure, the apparatus of the prior art is reasonably expected to be able to perform the claimed functionalities.
Claim 16: Hailey discloses pneumatic cylinders 30, 32 that act through laydown rollers 12, 14 to apply compaction pressure to raise and lower laydown rollers 12, 14 and press the tape against the underlying surface (col. 4, lines 3-8).
Claim 17: Hailey discloses the bottom reels 80, 82 are paper takeup reels which reel up the tape backing paper after the tape has been applied to the composite structure (col. 5, lines 1-7).
Claim 19: Hailey discloses the device is capable of shaping the carbon composite structure into a carbon composite product (col. 7, lines 9-18).
Claim 20: Hailey discloses the device is capable of producing a product that could shield from heat (col. 7, lines 9-18).
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.
Claims 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hailey (US 4,707,212) in view of Miller (US 10,759,140).
Claims 14-15 and 18: Hailey discloses an apparatus to provide a carbon composite component (col. 1, lines 10-14). The apparatus includes a set of carbon composite material sources (col. 4, line 65 – col. 5, line 7; supply reels 76, 78 storing graphite epoxy tape); a base (col. 4, lines 50-55); layering equipment constructed and arranged to be capable of performing a method (figs. 1-2) of: providing, from the set of carbon composite material sources on the base, a first carbon composite layer (col. 2, lines 56-60), providing, from the set of carbon composite material sources, a second carbon composite layer in contact with the first carbon composite layer (col. 2, lines 60-65), providing, from the set of carbon composite material sources, a third carbon composite layer in contact with the second carbon composite layer (col. 2, lines 60-65; fig. 7); wherein the set of carbon composite material sources includes a set of spools (fig. 2; supply reels 76, 78); wherein the layering equipment includes a pressing head (tape laying head 10 with laydown rollers 12, 14; fig. 1); and wherein providing the third carbon composite layer in contact with the second carbon composite layer includes unwinding, as the third carbon composite layer, carbon composite tape from the set of spools and applying pressure from the pressing head to press the carbon composite tape and the second carbon composite layer together (col. 4, line 3 – col. 5, line 5).
Hailey discloses the workpiece including carbon composite material, but is silent as to the workpiece including fibers. However, in the same field of endeavor, Miller discloses a method of providing a carbon composite component (abstract), including providing, from a set of carbon composite material sources on to a base a first carbon composite layer having carbon fibers extending along the first carbon composite layer (col. 2, line 46 – col. 3, line 65); providing, from the set of carbon composite material sources, a second carbon composite layer in contact with the first carbon composite layer, the second carbon composite layer having upright carbon fibers (col. 2, line 46 – col. 3, line 65), and providing, from the set of carbon composite material sources, a third carbon composite layer in contact with the second carbon composite layer, the third carbon composite layer having carbon fibers extending along the third carbon composite layer (col. 2, line 46 – col. 3, line 65). As taught by Miller, including upright carbon fibers in the second layer allows the fibers to stitch and bind adjoining reinforcement layers together, which further contributes to the composite having an increase in interlaminar strength, prevents delamination (col. 3, lines 15-25) and provide Z-direction conductivity between reinforcement layers (col. 4, lines 12-37). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the application to have included the veil, or second layer, of Miller with the upright carbon fibers in the composite of Hailey to stitch, bind, increase interlaminar strength, prevent delamination and/or provide Z-direction conductivity in stacked layers.
Claim 16: Hailey discloses pneumatic cylinders 30, 32 that act through laydown rollers 12, 14 to apply compaction pressure to raise and lower laydown rollers 12, 14 and press the tape against the underlying surface (col. 4, lines 3-8).
Claim 17: Hailey discloses the bottom reels 80, 82 are paper takeup reels which reel up the tape backing paper after the tape has been applied to the composite structure (col. 5, lines 1-7).
Claim 19: Hailey discloses the device is capable of shaping the carbon composite structure into a carbon composite product (col. 7, lines 9-18).
Claim 20: Hailey discloses the device is capable of producing a product that could shield from heat (col. 7, lines 9-18).
Response to Arguments
Applicant’s arguments with respect to claims 14-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY THROWER whose telephone number is (571)270-5517. The examiner can normally be reached 9am-5pm MT M-F.
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/LARRY W THROWER/Primary Examiner, Art Unit 1754
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