CTNF 18/277,182 CTNF 92159 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 AIA Claim (s) 1-10 is/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 pre-AIA the applicant regards as the invention. Claim(s) 1 recites the limitation “the long carbon nanotube fiber veil layer has a veil-like structure formed by the long carbon nanotube” which indefinite. It is unclear how a single long carbon nanotube can form the fiber veil layer having a veil-like structure. The limitation is also indefinite because it is inconsistent with Applicant’s disclosure as the disclosed long carbon nanotube fiber veil layer having a veil-like structure needs to be formed from a plurality of long carbon nanotubes (e.g. Fig. 2). The limitation has been examined below as best understood. Claim(s) 1 recites the limitation “the short carbon nanotube has a length of 0.5-3 μm and an average length of ≤2 μm” which indefinite. It is unclear how a single short carbon nanotube can an average length, specially the claimed average length when the claimed the short carbon nanotube has length of 2-3 μm. The limitation has been examined below as if the “average length of ≤2 μm” was not present in the claim. Claim(s) 2-10 is/are rejected as being dependent from claim 1 and therefor including all the limitation thereof. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim (s) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nguyen (WO 2015011549A1) . Regarding claim 1 , Nguyen discloses a method of preparing a fiber composite material reinforced and toughened (pg. 24) by long-short carbon nanotubes (as applied below), comprising: mixing a short carbon nanotube, a thermoset resin and an additive (curing agent) to obtain resin matrix slurry (providing an adhesive composition/matrix; wherein the adhesive composition/matrix can be a mixture of a thermosetting resin, curing agent, and a filler/toughener: pg. 24, pg. 12-18; wherein the filler/toughener can be in the form of carbon nanotubes with a length of less than 1 µm for the benefit(s) of providing intralayer toughness : pg. 18); pouring the resin matrix slurry into a fiber preform and curing-molding (transferring/infusing the adhesive composition/matrix into a preform and curing-molding via a resin transfer molding technique), to obtain the fiber composite material reinforced and toughened by long-short carbon nanotubes (to obtain a composite article comprising a hybridized interlaminar toughener system: pg. 24, Fig. 2; the hybridized interlaminar toughener system including carbon nanotubes with a length of less than 1 µm for providing intralayer toughness and carbon nanotubes with a length of at least 10 µm for providing interlayer toughness: as applied below); wherein the fiber preform comprises an upper fiber fabric layer (upper layer of reinforcing fibers), a long carbon nanotube fiber veil layer (interlayer: pg. 24, Fig. 2; the interlayer comprising one layer/veil of nanofibers having a length of at least 10 µm, wherein the nanofibers can be carbon nanotubes for providing interlayer toughness: pages 3, 11, and 20) and a lower fiber fabric layer (lower layer of reinforcing fibers: pg. 24, Fig. 2), which are sequentially laminated and contacted (pg. 24, Fig. 2); the long carbon nanotube fiber veil layer has a veil-like structure formed by the long carbon nanotube (the layer/veil of long nanofibers/CNTS is described/shown as having a veil-like structure formed by the long carbon nanotubes having the length of at least 10 µm for providing interlayer toughness: pages 3, 11, and 20, Fig. 2); the short carbon nanotube has a length of 0.5-3 μm (the taught carbon nanotubes having the length of less than 1 µm as the intralayer toughener overlaps with the claimed range: pg. 18); and the long carbon nanotube has a length of 50-1000 μm (the taught carbon nanotubes having the length of at least 10 µm as the interlayer toughener overlaps with the claimed range: pages 3, 11, and 20). See MPEP §2144.05 I. PNG media_image1.png 489 546 media_image1.png Greyscale Since Nguyen further discloses that the technique of toughening the resin matrix with sub-micrometer toughening agents yields the predictable benefit of increasing mode I fracture toughness, the technique of interlayer toughening with micrometer toughening agents yields the predictable benefit of increasing mode II fracture toughness (pg. 1-2), to adjust/reduce the dimensions/length of the toughener in the resin matrix to optimize/improve its viscosity/processability, and to adjust/increase the dimensions/length of the toughener in the interlayer to optimize/improve its integrity (pg. 11, pg. 12, pg. 20), it would have been prima facie obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the method of Nguyen by selecting a length and average length within the claimed ranges for the short carbon nanotube(s) for the benefit(s) of optimizing/improving the viscosity/mixing/pouring of the resin matrix slurry and by selecting a length within the claimed range for the long carbon nanotube(s) for the benefit(s) of optimizing/improving the integrity/toughness of the long carbon nanotube fiber veil layer. See MPEP 2144.05 II. Regarding claim 2 , Nguyen further discloses/suggests wherein the short carbon nanotube is a non-surface modified short carbon nanotube (pg. 18); and wherein the long carbon nanotube is a non-surface modified long carbon nanotube (pg. 11, pg. 20; no surface modification is disclosed). Regarding claim 3 , Nguyen further discloses wherein the thermoset resin is selected from an epoxy resin, a polyester resin, a phenolic resin, a vinyl resin, a bismaleimide resin and combinations thereof (pg. 12). Regarding claim 4 , Nguyen fails to explicitly disclose the claimed amounts. However, since Nguyen further discloses/suggests to adjust the amount of the short carbon nanotubes to optimize viscosity/processability of the resin matrix and intralayer toughness (pg. 18, pages 11-12; furthermore, these are expected results) and the claimed amount cannot be confirmed from applicant’s disclosure to achieve unexpected results, it would have been prima facie obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the method of Nguyen by using short carbon nanotubes in an amount of 0.1%-5% by mass of the thermoset resin for the benefit(s) of optimizing viscosity/processability of the resin matrix and intralayer toughness in the composite as predicted by Nguyen. See MPEP 2144.05 II. Since Nguyen further discloses/suggests to adjust the amount of the long carbon nanotubes to optimize integrity of the interlayer and interlayer toughness and conductivity/properties in the composite (pages 9, 11-12, and 20 ; furthermore, these are expected results) and the claimed amount cannot be confirmed from applicant’s disclosure to achieve unexpected results, it would have been prima facie obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the method of Nguyen by using long carbon nanotubes in an amount of 0.1%-5% by mass of the thermoset resin for the benefit(s) of integrity of the interlayer as well as interlayer toughness and conductivity/properties in the composite as predicted by Nguyen. See MPEP 2144.05 II. Since Nguyen further discloses/suggests that the effect of the upper fiber fabric layer and the lower fiber fabric layer is reinforcing (pg. 24, Fig. 2; furthermore, this is an expected result) and the claimed amount cannot be confirmed from applicant’s disclosure to achieve unexpected results, it would have been prima facie obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the method of Nguyen by a total mass of the upper fiber fabric and the lower fiber fabric is 40%-80% by mass of the composite material for the benefit(s) of providing sufficient reinforcing to the composite material as predicted by Nguyen. See MPEP 2144.05 II. Regarding claim 5 , Nguyen further discloses/suggests wherein the fiber fabric in the upper fiber fabric layer is a unidirectional fiber fabric or a multi-directional fiber fabric; the fiber fabric in the lower fiber fabric layer is a unidirectional fiber fabric or a multi-directional fiber fabric; the fiber fabric in the upper fiber fabric layer is a continuous carbon fiber fabric, a continuous glass fiber fabric or a continuous aramid fiber fabric; the fiber fabric in the lower fiber fabric layer is a continuous carbon fiber fabric, a continuous glass fiber fabric or a continuous aramid fiber fabric; the fiber fabric in the upper fiber fabric layer is a non-surface modified fiber fabric or a surface modified fiber fabric; and the fiber fabric in the lower fiber fabric layer is a non-surface modified fiber fabric or a surface modified fiber fabric (pg. 5-7). Regarding claim 6 , Nguyen further discloses/suggests wherein the fiber fabric in the upper fiber fabric layer comprises one or more layers; and the fiber fabric in the lower fiber fabric layer comprises one or more layers (pg. 5-7, Fig. 2). Regarding claim 7 , Nguyen further discloses wherein the additive is a curing agent (curing agent: pg. 24, pg. 16) and /or an accelerating agent (accelerator: pg. 16, pg. 20); the curing agent is used in an amount of 1%-50% by mass of the thermoset resin (taught amount range overlapping the claimed range: pg. 16); and the accelerating agent is used in an amount of 0.1%-5% by mass of the thermoset resin (taught amount range overlapping the claimed range: pp. 16-17). See MPEP 2144.05 II. Regarding claim 8 , Nguyen further discloses wherein the pouring of the resin matrix slurry into a fiber preform in step b) is carried out by a vacuum assisted resin transfer molding process (pg. 24). Regarding claim 9 , Nguyen further discloses/suggests wherein the curing-molding in step b) is carried out at a temperature of 25-500° C (taught curing temperature range/example is within the claimed range: pg. 23, pg. 27) and a pressure of ≤10 MPa (the taught curing pressure range/example is within the claimed range: pg. 4, pg. 24, pg. 27 ). Additionally, official notice is taken that there are known/suitable process temperature and pressure of vacuum assisted resin transfer molding processes. Regarding claim 10 , Nguyen further discloses/suggests a fiber composite material reinforced and toughened by long-short carbon nanotubes prepared by the method according to claim 1 (pg. 24, Fig. 2, and se rejection of claim 1 above). Conclusion 07-96 Additional prior art made of record and not relied upon that is considered to be pertinent to Applicant’s disclosure: Liu (CN 110524909A – of record) discloses a relevant method including the techniques/steps of preparing a relevant carbon nanotube dispersion and using the relevant carbon nanotube dispersion as resin matrix to impregnate a laid fiber cloth in a vacuum assisted resin transfer molding process (Abstract, Fig. 1). He (CN 109808196A – of record) discloses a relevant method including the techniques/steps of using a relevant preform comprising a relevant layer/film of carbon nanotubes in a vacuum assisted resin transfer molding process (Abstract, Fig. 2). Kunze (US 20110236670) discloses a relevant preform comprising a relevant layer of long carbon nanotubes (Abstract, Fig. 1, and accompanying text). Wang (US 20120282453) discloses a suitable method of making a veil/layer of long carbon nanotubes (Figs. 5-6 and accompanying text) as well as suitable lengths for the long carbon nanotubes (P0084). Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERZI H MORENO HERNANDEZ whose telephone number is (571)272-0625. The examiner can normally be reached 1:00-10:00 PM PT. 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, Galen Hauth can be reached at 571-270-5516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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MORENO HERNANDEZ Primary Examiner Art Unit 1743 /JERZI H MORENO HERNANDEZ/Primary Examiner, Art Unit 1743 Application/Control Number: 18/277,182 Page 2 Art Unit: 1743 Application/Control Number: 18/277,182 Page 3 Art Unit: 1743 Application/Control Number: 18/277,182 Page 4 Art Unit: 1743 Application/Control Number: 18/277,182 Page 5 Art Unit: 1743 Application/Control Number: 18/277,182 Page 6 Art Unit: 1743 Application/Control Number: 18/277,182 Page 7 Art Unit: 1743 Application/Control Number: 18/277,182 Page 8 Art Unit: 1743 Application/Control Number: 18/277,182 Page 9 Art Unit: 1743