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 .
Response to Amendment
The amendment dated 3/12/2026 has been considered and entered into the record. Independent claim 1, from which the other active claims depend, now requires a layer comprising an aggregate of substantially aligned carbon nanotubes oriented substantially horizontal to the plies. Claims 1–22 remain pending, while claims 10–22 are withdrawn from consideration. Claims 1–9 are examined below.
Response to Arguments
Applicant’s arguments, see Remarks, filed 3/12/2026, with respect to the rejection(s) of claim(s) 1–9 under 35 USC 102 and 103 in view of Tsotsis have been fully considered and are persuasive. Therefore, the rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made below. Additionally, Applicant’s arguments pertaining to the indefinite rejection are persuasive. Accordingly, the previous indefinite rejection is withdrawn.
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) 1–7 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.
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 the 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.
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 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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/MATTHEW D MATZEK/Primary Examiner, Art Unit 1786