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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-3, 8-11, 14-16 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Quesada (2022/0199062).
With respect to claim 1, Quesada teaches an acoustic panel assembly (Figures 1-7, #20) for an aircraft propulsion system ([0001]), the acoustic panel assembly comprising: an acoustic panel including an acoustic core (24) arranged along a transverse direction and a longitudinal direction (clearly seen in partial view of Figure 4), the acoustic core (24) extends between and to an inner core side (defined by side of core attached to skin #22) and an outer core side (defined by side of core attached to skin #23), the acoustic core (24) includes a plurality of cell rows distributed transversely along the acoustic core, each cell row of the plurality of cell rows includes a plurality of cells distributed longitudinally along the respective cell row of the plurality of cell rows (note cells extend in both longitudinal and transverse rows, similar to Applicant’s), each cell of the plurality of cells includes a first transverse panel (defined by one of panels #56, partially delimiting a given cell, see Figures 2, 4-7), a second transverse panel (defined by other of panels #56, partially delimiting a given cell, see Figures 2, 4-7), a first longitudinal panel (defined by panel portion of one of sidewalls #48, partially delimiting a given cell, see Figure 4), a second longitudinal panel (defined by panel portion of other of sidewalls #48, partially delimiting a given cell, see Figure 4), and an oblique panel (defined by panel #54, arranged between first/second transverse panels #48 and first/second transverse panels #56, within a given cell, see Figures 2, 4-7) extending between the inner core side and the outer core side, the first longitudinal panel and the second longitudinal panel extend between and to the first transverse panel and the second transverse panel (clearly seen in Figure 4), and the oblique panel extends between and to the first transverse panel at the outer core side and the second transverse panel at the inner core side (clearly seen in Figures 2 and 4-7); and each cell row of the plurality of cell rows includes a primary folded sheet (Figure 12A and 13-14, #98A, when core #24 is formed of the multilayer arrangement of Figures 12A and 13-14, also see [0076] for “folded” teaching) and a secondary folded sheet (#98B), and each of the primary folded sheet (98A) and the secondary folded sheet (98B) forms the first transverse panel, the first longitudinal panel, and the second longitudinal panel for each cell of the plurality of cells (note that folded sheets #98A/98B form all of said panels of core #24). It is noted that [0076] teaches “the multilayered sheet of material, for example, may be folded (e.g., using origami and/or kirigami techniques) into a three-dimensional body that includes/forms one, some or all of the cellular core elements (e.g., 46, 48, 54, 56, 60 and 62).”
With respect to claim 2, Quesada teaches wherein the primary folded sheet (98A) includes, for each cell of the plurality of cells, a primary transverse panel portion, a primary first longitudinal panel portion, a primary secondary longitudinal panel portion, and the oblique panel (note that folded sheets #98A/98B form all of said panels of core #24).
With respect to claim 3, Quesada teaches wherein the secondary folded sheet (98B) includes, for each cell of the plurality of cells, a secondary transverse panel portion disposed at the primary transverse panel portion to form the first transverse panel, a secondary first longitudinal panel portion disposed at the primary first longitudinal panel portion to form the first longitudinal panel, and a secondary second longitudinal panel portion disposed at the primary second longitudinal panel portion to form the second longitudinal panel (note that folded sheets #98A/98B form all of said panels of core #24).
With respect to claim 8, Quesada teaches wherein, for each cell of the plurality of cells, the oblique panel (defined by panel #54, arranged between first/second transverse panels #48 and first/second transverse panels #56, within a given cell, see Figures 2, 4-7) forms and separates an inner cavity (Figure 7, defined by cavity portion between oblique panel #54 and skin #22) and an outer cavity (Figure 7, defined by cavity portion between oblique panel #54 and skin #23) of each respective cell of the plurality of cells, the inner cavity is disposed at the inner core side, and the outer cavity is disposed at the outer core side.
With respect to claim 9, Quesada teaches wherein the inner cavity (Figure 7, defined by cavity portion between oblique panel #54 and skin #22) of a first cell (could be middle cell depicted in Figure 7) of the plurality of cells of a first cell row (defined by partial row of cells depicted in Figure 7, when left hand cell represents a second row and the middle cell represents a first row, arranged as best seen in Figure 4) of the plurality of cell rows is connected in fluid communication with a second cell (could be left side cell depicted in Figure 7) of the plurality of cells of a second cell row of the plurality of cell rows, and the first cell row is transversely adjacent the second cell row (note the cells will be inherently “transversely adjacent” when the acoustic panel #20 is configured with a nacelle of an aircraft propulsion system, such that the panel will be cylindrically formed as part of the nacelle, as is well known in the art and similar to Applicant’s, rendering it inherent).
With respect to claim 10, Quesada teaches wherein the first transverse panel (defined by one of panels #56, partially delimiting a given cell, see Figures 2, 4-7) includes a plurality of apertures (64, when arranged as in Figures 17-18), and each of the primary folded sheet (98A) and the secondary folded sheet (98B) forms the plurality of apertures (64).
With respect to claim 11, Quesada teaches method for forming an acoustic panel assembly (Figures 1-7, #20) for an aircraft propulsion system ([0001]), the method comprising: forming a plurality of cell rows of an acoustic core (24 -note cells extend in both longitudinal and transverse rows, similar to Applicant’s) by, for each cell row of the plurality of cell rows, folding and assembling a primary sheet (Figure 12A and 13-14, #98A, when core #24 is formed of the multilayer arrangement of Figures 12A and 13-14, also see [0076] for “folded” teaching) and a secondary sheet (98B) to form each cell row with a plurality of cells, and each cell of the plurality of cells includes a first transverse panel (defined by one of panels #56, partially delimiting a given cell, see Figures 2, 4-7), a first longitudinal panel (defined by panel portion of one of sidewalls #48, partially delimiting a given cell, see Figure 4), a second longitudinal panel (defined by panel portion of other of sidewalls #48, partially delimiting a given cell, see Figure 4), and an oblique panel (defined by panel #54, arranged between first/second transverse panels #48 and first/second transverse panels #56, within a given cell, see Figures 2, 4-7) extending between an inner core side (defined by side of core attached to skin #22) of the acoustic core (24) and an outer core side (defined by side of core attached to skin #23) of the acoustic core (24), each of the primary sheet (98A) and the secondary sheet (98B) forms the first transverse panel, the first longitudinal panel, and the second longitudinal panel (note that folded sheets #98A/98B form all of said panels of core #24), the first longitudinal panel and the second longitudinal panel extend transversely from the first transverse panel (clearly seen in Figure 4), and the oblique panel extends transversely between and to the first transverse panel at the outer core side and the inner core side (clearly seen in Figures 2 and 4-7); and attaching each cell row of the plurality of cell rows to at least one other cell row of the plurality of cell rows to form the acoustic core (note that the attaching of the layers #98A and 98B, as well as “folding” of the multilayered sheet to form the core #24 will inherently include “attaching” the cell rows to one another - [0012], [0076]). It is noted that [0076] teaches “the multilayered sheet of material, for example, may be folded (e.g., using origami and/or kirigami techniques) into a three-dimensional body that includes/forms one, some or all of the cellular core elements (e.g., 46, 48, 54, 56, 60 and 62).”
With respect to claim 14, Quesada teaches wherein folding the primary folded sheet (98B) forms, for each cell of the plurality of cells, a primary transverse panel portion of the first transverse panel, a primary first longitudinal panel portion of the first longitudinal panel, a primary secondary longitudinal panel portion of the second longitudinal panel, and the oblique panel. It is noted that [0076] teaches “the multilayered sheet of material, for example, may be folded (e.g., using origami and/or kirigami techniques) into a three-dimensional body that includes/forms one, some or all of the cellular core elements (e.g., 46, 48, 54, 56, 60 and 62).”
With respect to claim 15, Quesada teaches wherein folding the secondary folded sheet (98B) forms, for each cell of the plurality of cells, a secondary transverse panel portion of the first transverse panel, a secondary first longitudinal panel portion of the first longitudinal panel, and a secondary second longitudinal panel portion of the second longitudinal panel (note that folded sheets #98A/98B form all of said panels of core #24).
With respect to claim 16, Quesada teaches an acoustic panel assembly (Figures 1-7, #20) for an aircraft propulsion system ([0001]), the acoustic panel assembly comprising: an inner skin (22) extending circumferentially about an axial centerline (note that when the acoustic panel #20 is configured with a nacelle of an aircraft propulsion system, the panel will be cylindrically formed extending circumferentially about an axial centerline as part of the nacelle, as is well known in the art and similar to Applicant’s, rendering it inherent), the inner skin (22) extends between and to an inner skin side (side of #22 opposite core #24) and an outer skin side (side of #22 adjacent core #24), and the inner skin (22) includes a perforated skin portion ([0048]); and an acoustic panel (20) including an acoustic core (24) disposed on the outer skin side at the perforated skin portion (22), the acoustic core (24) is arranged along a transverse direction and a longitudinal direction (clearly seen in partial view of Figure 4), the acoustic core (24) includes a plurality of cell rows distributed transversely along the acoustic core, each cell row of the plurality of cell rows includes a plurality of cells distributed longitudinally along the respective cell row of the plurality of cell rows (note cells extend in both longitudinal and transverse rows, similar to Applicant’s), each cell of the plurality of cells includes a first transverse panel (defined by one of panels #56, partially delimiting a given cell, see Figures 2, 4-7), a second transverse panel (defined by other of panels #56, partially delimiting a given cell, see Figures 2, 4-7), a first longitudinal panel (defined by panel portion of one of sidewalls #48, partially delimiting a given cell, see Figure 4), a second longitudinal panel (defined by panel portion of other of sidewalls #48, partially delimiting a given cell, see Figure 4), the first longitudinal panel and the second longitudinal panel extend between and to the first transverse panel and the second transverse panel (clearly seen in Figure 4); and at least one cell row of the plurality of cell rows includes a primary folded sheet (Figure 12A and 13-14, #98A, when core #24 is formed of the multilayer arrangement of Figures 12A and 13-14, also see [0076] for “folded” teaching) and a secondary folded sheet (#98B), the primary folded sheet (98A) includes, for each cell of the plurality of cells, a primary transverse panel portion, a primary first longitudinal panel portion, and a primary secondary longitudinal panel portion, and the secondary folded sheet (98B) includes, for each cell of the plurality of cells, a secondary transverse panel portion disposed on the primary transverse panel portion to form the first transverse panel, a secondary first longitudinal panel portion disposed on the primary first longitudinal panel portion to form the first longitudinal panel, and a secondary second longitudinal panel portion disposed on the primary second longitudinal panel portion to form the second longitudinal panel (note that folded sheets #98A/98B are disposed on one another and form all of said panels of core #24). It is noted that [0076] teaches “the multilayered sheet of material, for example, may be folded (e.g., using origami and/or kirigami techniques) into a three-dimensional body that includes/forms one, some or all of the cellular core elements (e.g., 46, 48, 54, 56, 60 and 62).”
With respect to claim 19, Quesada teaches wherein the primary folded sheet (98A) further includes, for each cell of the plurality of cells, an oblique panel (defined by panel #54, arranged between first/second transverse panels #48 and first/second transverse panels #56, within a given cell, see Figures 2, 4-7) extending transversely and radially between and to the first transverse panel (defined by one of panels #56, partially delimiting a given cell, see Figures 2, 4-7) and the second transverse panel (defined by other of panels #56, partially delimiting a given cell, see Figures 2, 4-7), and the oblique panel forms and separates an inner cavity (Figure 7, defined by cavity portion between oblique panel #54 and skin #22) and an outer cavity (Figure 7, defined by cavity portion between oblique panel #54 and skin #23) of each respective cell of the plurality of cells.
With respect to claim 20, Quesada teaches wherein the inner cavity (Figure 7, defined by cavity portion between oblique panel #54 and skin #22) is disposed at the perforated skin portion (22).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 5 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Quesada (2022/0199062).
With respect to claim 5, Quesada teaches the acoustic panel assembly of claim 3. Quesada further teaches wherein the primary folded sheet (98A) and the secondary folded sheet (98B) are attached to one another to provide a multilayered sheet of material ([0012], [0076]) by an unspecified, but obvious attachment method, such that the layers (98A/98B) are securely attached to another for use in the inherently harsh environment of an aircraft nacelle ([0046]), such that for each cell of the plurality of cells, the primary first longitudinal panel portion (defined portion of layer 98A forming panel portion of one of sidewalls #48, partially delimiting a given cell, see Figure 4) is attached to the secondary first longitudinal panel portion (defined portion of layer 98B forming panel portion of one of sidewalls #48, partially delimiting a given cell, see Figure 4) at one or more first unspecified, but obvious attachment points and the primary second longitudinal panel portion (defined portion of layer 98A forming panel portion of other of sidewalls #48, partially delimiting a given cell, see Figure 4) is attached to the secondary second longitudinal panel portion (defined portion of layer 98B forming panel portion of other of sidewalls #48, partially delimiting a given cell, see Figure 4) at one or more second unspecified, but obvious attachment points.
Quesada fails to explicitly teach wherein the layers 98A and 98B are attached by welding, such that the first and second unspecified, but obvious attachment points are weld points.
It would have been an obvious matter of design choice to use welding as an attachment method for attaching core layers #98A and #98B to one another, as welding is well known, and specifically used by Quesada to attach the core and skin layers to another (see [0048]).
Further, the method of forming a device (i.e. method of attachment of layers #98A/B) is not germane to the issue of patentability of the device itself. Therefore, this limitation has been given little patentable weight.
With respect to claim 12, Quesada teaches the acoustic panel assembly of claim 3. Quesada further teaches wherein forming the plurality of cell rows includes, for each cell of the plurality of cells, attaching the primary sheet (98A) to the secondary sheet (98) at the first longitudinal panel (defined by panel portion of one of sidewalls #48, partially delimiting a given cell, see Figure 4) and the second longitudinal panel (defined by panel portion of other of sidewalls #48, partially delimiting a given cell, see Figure 4) by an unspecified, but obvious attachment method ([0012], [0076]).
Quesada fails to explicitly teach wherein the primary sheet #98A and secondary sheet #98B are attached by welding at the first longitudinal panel and the second longitudinal panel.
It would have been an obvious matter of design choice to use welding as an attachment method for attaching core layers #98A and #98B to one another, as welding is well known, and specifically used by Quesada to attach the core and skin layers to another (see [0048]).
Further, the method of forming a device (i.e. method of attachment of layers #98A/B) is not germane to the issue of patentability of the device itself. Therefore, this limitation has been given little patentable weight.
With respect to claim 13, Quesada teaches wherein attaching (note that the attaching of the layers #98A and 98B, as well as “folding” of the multilayered sheet to form the core #24 will inherently include “attaching” the cell rows to one another - [0012], [0076]) each cell row of the plurality of cell rows to at least one other cell row of the plurality of cell rows includes obviously welding (as detailed in the rejection of claim 12 above) each cell row of the plurality of cell rows to the at least one other cell row of the plurality of cell rows.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of copending Application No. 18/588,873 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed subject matter of the current application is contained in the pending claims previously indicated.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of copending Application No. 18/588,954 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed subject matter of the current application is contained in the pending claims previously indicated.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Potential Allowable Subject Matter
In the event the double patenting rejections detailed above are overcome, claims 4, 6-7 and 17-18 would be objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pertinent arts of record relating to Applicant’s disclosure are disclosed in the PTO-892.
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/JEREMY A LUKS/Primary Examiner, Art Unit 2837