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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/29/2026 has been entered.
Response to Amendment
The amendment dated 6/29/2026 has been considered and entered into the record. The limitations of claim 5 have been incorporated into independent claim 1. Accordingly, claim 5 has been cancelled. Claims 2 and 12 have also been cancelled. Claims 1, 3, 4, 6–11, and 13–22 remain pending, while claims 10, 11, and 13–22 are withdrawn from consideration. Claims 1, 3, 4, and 6–9 are examined below.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3, 4, 6, 7, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Tsotsis (US 2008/0286564 A1) in view of Goodman (US 2023/0114124 A1).
Tsotsis teaches the formation of a laminate comprising multiple carbon fiber fabric plies impregnated with epoxy resin, wherein the carbon fibers of each ply are unidirectionally oriented. Tsotsis abstract, ¶¶ 26, 35, Figs. 7A, 7B. An aligned aggregate of carbon nanotubes may be applied to one or both sides of a substrate located between carbon fiber plies such that the nanotubes may be substantially aligned orthogonally to the plies. See id. ¶ 8, 7A, 7B.
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Fig. 7B
Tsotsis fails to teach a layer comprising an aggregate of substantially aligned carbon nanotubes oriented substantially horizontally to the plies, wherein the substantially aligned aggregate of carbon nanotubes oriented substantially orthogonally to the plies contacts and extends between at least one ply and the layer or contacts and extends between the at least two plies.
Goodman teaches a reinforcement for increasing the strength and toughness for a composite material in both the transverse and in-plane directions, wherein the reinforcement comprises a first layer of substantially vertically-oriented carbon nanotubes and a second layer comprising carbon nanotubes that are substantially horizontally-oriented. Goodman abstract, ¶¶ 12, 63, Fig. 10. The composite reinforcement may be incorporated into a composite part, wherein the first and second layers of oriented carbon nanotubes are layers interleaved with a plurality of fiber reinforcement layers. Id. ¶ 13. In other words, between layers or plies of fiber reinforcement is a layer comprising a substantially aligned aggregate of carbon nanotubes oriented substantially orthogonally to the plies, an aggregate of substantially aligned carbon nanotubes oriented substantially horizontally to the plies, wherein the substantially aligned aggregate of carbon nanotubes oriented substantially orthogonally to the plies contacts and extends between at least one ply and the layer of horizontally-aligned nanotubes. See id. Fig. 10.
It would have been obvious to one of ordinary skill in the art to have replaced an orthogonal aggregate of nanotubes in Tsotsis with the orthogonal aggregate and horizontally-aligned layer of nanotubes of Goodman to increase the strength and toughness for the composite material of Tsotsis in both the transverse and in-plane directions.
Claims 3 and 4 are rejected because the carbon fiber plies may have a 0/90 or +45/90/-45/0 orientation. See id. ¶¶ 34–37.
Tsotsis fails to teach a laminate comprising 16 plies. However, any number of plies, fiber layers, etc., can be used in accordance with the disclosure. See Tsotsis ¶ 34. Accordingly, it would have been obvious to one of ordinary skill in the art to have made the laminate with 16 plies as the skilled artisan would have modified the laminate’s thickness and number of layers based upon desired final properties. Id. ¶ 34.
Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Tsotsis and Goodman as applied to claim 1 above, and further in view of Takami (US 2018/0252365 A1).
Tsotsis and Goodman fail to teach the temperature at which the epoxy resin cures.
Takami teaches the formation of a high-pressure tank that includes a carbon fiber-reinforced epoxy layer. Takami abstract, ¶ 26. The epoxy of the reinforced carbon fiber layer cures at about 160oC. Id. ¶ 26.
Accordingly, the ordinarily skilled artisan would have found it obvious to have looked to Takami for a suitable epoxy, a thermosetting resin, and its accompanying curing temperature motivated by the desire to successfully practice the invention of Tsotsis.
Response to Arguments
Applicant's arguments filed 6/29/2026 have been fully considered but they are not persuasive.
Applicant argues that the laminate structure of Goodman always includes a combination of horizontal and vertical forests of carbon nanotubes and as such does not teach a horizontal layer of carbon nanotubes with layers of vertical carbon nanotubes on either side of the horizontal layer. This argument is unpersuasive. As shown in Fig. 7B of Tsotsis, a vertically-aligned forest of carbon nanotubes extend from each of upper 402b and lower 402a fiber layers. The rejection set forth in this Office Action and the Final Rejection dated 4/6/2026 find that it would have been obvious to one of ordinary skill in the art to have replaced one of the vertically-aligned forests of carbon nanotubes with combined vertical and horizontal carbon nanoforests of Goodman such that the horizontally-aligned carbon nanotube forest is located between the vertically-aligned carbon nanotube forests of Tsotsis/Goodman. In such a combination, the horizontally-aligned carbon nanotube forest is interposed at a mid-plane of the Tsotsis laminate as required in amended claim 1.
Conclusion
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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 MATTHEW D MATZEK whose telephone number is (571)272-5732. The examiner can normally be reached M-F 9:30-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Boyd can be reached at 571.272.7783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW D MATZEK/Primary Examiner, Art Unit 1786
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