DETAILED ACTION
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 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20, respectively, of U.S. Patent No. 12,050,204 B2 (hereinafter ‘204). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of ‘204 anticipate claims 1-20, as set forth in the table below.
Cl.
18/764,863
Cl.
12,050,204 B2 - (17/899,196)
1
A method of characterizing a test object, comprising
1
A method of characterizing a test object, comprising
receiving sound property data for a bonding material and a bonded material
receiving sound property data for a bonding material and a bonded material
controlling a z-start time and a z-gate time of at least one pulse-wave detector to generate ultrasonic composite scan data as a function of the sound property data for the bonding material and the bonded material
controlling a z-start time and a z-gate time of at least one pulse-wave detector to generate ultrasonic composite scan data as a function of the sound property data for the bonding material and the bonded material
processing the ultrasonic composite scan data using a processor to identify layer transitions between the bonding material and the bonded material
processing the ultrasonic composite scan data using a processor to identify layer transitions between the bonding material and the bonded material
generating a user display showing a number of layers of the bonded material and a distance between each layer
generating a user display showing a number of layers of the bonded material and a distance between each layer
generating a ply type or a weave type associated with one or more layers
generating a ply type or a weave type associated with the selected layer
2
wherein the ply type or the weave type includes one or more fiber orientations relative to layers adjacent to the one or more layers
2
wherein the ply type or the weave type includes one or more fiber orientations relative to layers adjacent to the selected layer
3
wherein the bonding material is epoxy resin or a polymer
3
wherein the bonding material is epoxy resin or a polymer
4
wherein the bonded material is fiber
4
wherein the bonded material is fiber
5
wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions between the bonding material and the bonded material comprises processing the ultrasonic composite scan data using the processor to identify the number of layers
5
wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions between the bonding material and the bonded material comprises processing the ultrasonic composite scan data using the processor to identify the number of layers
6
wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions between the bonding material and the bonded material comprises processing the ultrasonic composite scan data using the processor to 7identify a change in the number of layers
6
wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions between the bonding material and the bonded material comprises processing the ultrasonic composite scan data using the processor to identify a change in the number of layers
7
wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions between the bonding material and the bonded material further comprises processing the ultrasonic composite scan data using the processor to identify a type of an individual layer
7
wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions between the bonding material and the bonded material further comprises processing the ultrasonic composite scan data using the processor to identify a type of an individual layer
8
A method of characterizing a test object, comprising:
8
A method of characterizing a test object, comprising
receiving sound property data for a bonding material and a bonded material;
receiving sound property data for a bonding material and a bonded material
controlling a z-start time and a z-gate time of at least one pulse-wave detector to generate ultrasonic composite scan data as a function of the sound property data for the bonding material and the bonded material
controlling a z-start time and a z-gate time of at least one pulse-wave detector to generate ultrasonic composite scan data as a function of the sound property data for the bonding material and the bonded material
processing the ultrasonic composite scan data using a processor to identify layer transitions between the bonding material and the bonded material
processing the ultrasonic composite scan data using a processor to identify layer transitions between the bonding material and the bonded material
generating a user display showing a number of layers of the bonded material and a distance between each layer
generating a user display showing a number of layers of the bonded material and a distance between each layer
determining a ply type or a weave type associated with one or more layers
determining a ply type or a weave type associated with the selected layer
9
wherein the ply type or the weave type includes one or more fiber orientations relative to layers adjacent to the one or more layers
9
wherein the ply type or the weave type includes one or more fiber orientations relative to layers adjacent to the selected layer
10
wherein the bonding material is epoxy resin
10
wherein the bonding material is epoxy resin
11
wherein the bonded material is fiber
11
wherein the bonded material is fiber
12
wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions between the bonding material and the bonded material comprises processing the ultrasonic composite scan data using the processor to identify the number of layers
12
wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions between the bonding material and the bonded material comprises processing the ultrasonic composite scan data using the processor to identify the number of layers
13
wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions between the bonding material and the bonded material comprises processing the ultrasonic composite scan data using the processor to identify a change in the number of layers
13
wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions between the bonding material and the bonded material comprises processing the ultrasonic composite scan data using the processor to identify a change in the number of layers
14
A method of characterizing a test object, comprising
14
A method of characterizing a test object, comprising
receiving sound property data for a matrix of bonded material
receiving sound property data for a matrix of bonded material
controlling a z-start time and a z-gate time of at least one pulse-wave detector to generate ultrasonic composite scan data as a function of the sound property data for the matrix of bonded material
controlling a z-start time and a z-gate time of at least one pulse-wave detector to generate ultrasonic composite scan data as a function of the sound property data for the matrix of bonded material
processing the ultrasonic composite scan data using a processor to identify layer transitions in the matrix of bonded material
processing the ultrasonic composite scan data using a processor to identify layer transitions in the matrix of bonded material
generating a user display showing a number of layers in the matrix of bonded material and a distance between each layer
generating a user display showing a number of layers in the matrix of bonded material and a distance between each layer
generating a ply type or a weave type associated with one or more layers
generating a ply type or a weave type associated with the selected layer
15
wherein the ply type or the weave type includes one or more fiber orientations relative to layers adjacent to the one or more layers
15
wherein the ply type or the weave type includes one or more fiber orientations relative to layers adjacent to the selected layer
16
wherein the matrix of bonded material comprises epoxy resin
16
wherein the matrix of bonded material comprises epoxy resin
17
wherein the matrix of bonded material comprises fiber
17
wherein the matrix of bonded material comprises fiber
18
wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions comprises processing the ultrasonic composite scan data using the processor to identify the number of layers
18
wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions comprises processing the ultrasonic composite scan data using the processor to identify the number of layers
19
wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions comprises processing the ultrasonic composite scan data using the processor to identify a change in the number of layers
19
wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions comprises processing the ultrasonic composite scan data using the processor to identify a change in the number of layers
20
wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions further comprises processing the ultrasonic composite scan data using the processor to identify a type of an individual layer
20
wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions further comprises processing the ultrasonic composite scan data using the processor to identify a type of an individual layer
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20, respectively, of U.S. Patent No. 11,442,045 (hereinafter ‘045) in view of Smith et al., “Automated Non-Destructive Analysis and Advanced 3D Defect Characterisation From Ultrasonic Scans of Composites,” (hereinafter Smith).
Regarding claim 1:
‘045 Claim 1 teaches a method of characterizing a test object, comprising: receiving sound property data for a bonding material and a bonded material; controlling a z-start time and a z-gate time of at least one pulse-wave detector to generate ultrasonic composite scan data as a function of the sound property data for the bonding material and the bonded material; processing the ultrasonic composite scan data using a processor to identify layer transitions between the bonding material and the bonded material; generating a user display showing a number of layers of the bonded material and a distance between each layer; and (“a method of characterizing a test object, comprising: receiving sound property data for a bonding material and a bonded material; controlling a z-start time and a z-gate time of at least one pulse-wave detector to generate ultrasonic composite scan data as a function of the sound property data for the bonding material and the bonded material; processing the ultrasonic composite scan data using a processor to identify layer transitions between the bonding material and the bonded material; generating a user display showing a number of layers of the bonded material and a distance between each layer,” ‘045 Claim 1).
‘045 Claim 1 does not teach generating a ply type or a weave type associated with the selected layer.
Smith teaches determining a weave type of a bonded material (“allows for the weave-type to be identified,” p. 7) via ultrasonic scanning (“ultrasonic data, p. 1).
It has been held that use of known technique to improve similar devices (methods, or products) in the same way is not sufficient to patentably distinguish an invention over the prior art, as set forth in MPEP § 2143(I)(C).
In this instance, one having ordinary skill in the art could easily modify ‘045 Claim 1 to also generate a ply type or a weave type associated with the selected layer, as taught by Smith, thereby predictably adding the capability of determining a ply type or weave type, without otherwise substantially altering the operation of ‘045 Claim 1.
It would have been obvious to a person having ordinary skill in the art at the time the invention was made to modify ‘045 Claim 1 to generate a ply type or a weave type associated with the selected layer as taught by Smith, because this would predictably provide the capability of determining a ply type or a weave type associated with the selected layer.
Regarding claim 2, the combination of ‘045 Claim 2 and Smith discloses the invention of claim 1, as set forth in the rejection of claim 1 above. The combination of ‘045 Claim 2 and Smith also discloses wherein the ply type or the weave type includes one or more fiber orientations relative to layers adjacent to the selected layer (Smith: “the angular distribution for each ply is more complicated as there are many angles associated with a particular weave type,” p. 7).
Regarding claim 3, the combination of ‘045 Claim 3 and Smith discloses the invention of claim 1, as set forth in the rejection of claim 1 above. The combination of ‘045 Claim 3 and Smith also discloses wherein the bonding material is epoxy resin or a polymer (‘045 Claim 3: “wherein the bonding material is epoxy resin or a polymer,” ‘045 Claim 3).
Regarding claim 4, the combination of ‘045 Claim 4 and Smith discloses the invention of claim 1, as set forth in the rejection of claim 1 above. The combination of ‘045 Claim 4 and Smith also discloses wherein the bonded material is fiber (‘045 Claim 4: “wherein the bonded material is fiber,” ‘045 Claim 4).
Regarding claim 5, the combination of ‘045 Claim 5 and Smith discloses the invention of claim 1, as set forth in the rejection of claim 1 above. The combination of ‘045 Claim 5 and Smith also discloses wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions between the bonding material and the bonded material comprises processing the ultrasonic composite scan data using the processor to identify the number of layers (‘045 Claim 5: “wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions between the bonding material and the bonded material comprises processing the ultrasonic composite scan data using the processor to identify the number of layers,” ‘045 Claim 5).
Regarding claim 6, the combination of ‘045 Claim 6 and Smith discloses the invention of claim 1, as set forth in the rejection of claim 1 above. The combination of ‘045 Claim 6 and Smith also discloses wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions between the bonding material and the bonded material comprises processing the ultrasonic composite scan data using the processor to identify a change in the number of layers (‘045 Claim 6: “wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions between the bonding material and the bonded material comprises processing the ultrasonic composite scan data using the processor to identify a change in the number of layers,” ‘045 Claim 6).
Regarding claim 7, the combination of ‘045 Claim 7 and Smith discloses the invention of claim 1, as set forth in the rejection of claim 1 above. The combination of ‘045 Claim 7 and Smith also discloses wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions between the bonding material and the bonded material further comprises processing the ultrasonic composite scan data using the processor to identify a type of an individual layer (‘045 Claim 7: “wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions between the bonding material and the bonded material further comprises processing the ultrasonic composite scan data using the processor to identify a type of an individual layer,” ‘045 Claim 7).
Regarding claim 8:
‘045 Claim 8 discloses a method of characterizing a test object, comprising: receiving sound property data for a bonding material and a bonded material; controlling a z-start time and a z-gate time of at least one pulse-wave detector to generate ultrasonic composite scan data as a function of the sound property data for the bonding material and the bonded material; processing the ultrasonic composite scan data using a processor to identify layer transitions between the bonding material and the bonded material; generating a user display showing a number of layers of the bonded material and a distance between each layer; (“a method of characterizing a test object, comprising: receiving sound property data for a bonding material and a bonded material; controlling a z-start time and a z-gate time of at least one pulse-wave detector to generate ultrasonic composite scan data as a function of the sound property data for the bonding material and the bonded material; processing the ultrasonic composite scan data using a processor to identify layer transitions between the bonding material and the bonded material; generating a user display showing a number of layers of the bonded material and a distance between each layer,” ‘045 Claim 8).
‘045 Claim 8 does not teach determining a ply type or a weave type associated with the selected layer.
Smith teaches determining a weave type of a bonded material (“allows for the weave-type to be identified,” p. 7) via ultrasonic scanning (“ultrasonic data, p. 1).
It has been held that use of known technique to improve similar devices (methods, or products) in the same way is not sufficient to patentably distinguish an invention over the prior art, as set forth in MPEP § 2143(I)(C).
In this instance, one having ordinary skill in the art could easily modify ‘045 Claim 1 to also determine a ply type or a weave type associated with the selected layer, as taught by Smith, thereby predictably adding the capability of determining a ply type or weave type, without otherwise substantially altering the operation of ‘045 Claim 8.
It would have been obvious to a person having ordinary skill in the art at the time the invention was made to modify ‘045 Claim 8 to determine a ply type or a weave type associated with the selected layer as taught by Smith, because this would predictably provide the capability of determining a ply type or a weave type associated with the selected layer,
Regarding claim 9, the combination of ‘045 Claim 8 and Smith discloses the invention of claim 8, as set forth in the rejection of claim 8 above. The combination of ‘045 Claim 9 and Smith also discloses wherein the ply type or the weave type includes one or more fiber orientations relative to layers adjacent to the selected layer (Smith: “the angular distribution for each ply is more complicated as there are many angles associated with a particular weave type,” p. 7).
Regarding claim 10, the combination of ‘045 Claim 10 and Smith discloses the invention of claim 8, as set forth in the rejection of claim 8 above. The combination of ‘045 Claim 10 and Smith also discloses wherein the bonding material is epoxy resin (‘045 Claim 10: “wherein the bonding material is epoxy resin or a polymer,” ‘045 Claim 10).
Regarding claim 11, the combination of ‘045 Claim 11 and Smith discloses the invention of claim 8, as set forth in the rejection of claim 8 above. The combination of ‘045 Claim 11 and Smith also discloses wherein the bonded material is fiber (‘045 Claim 11: “wherein the bonded material is fiber,” ‘045 Claim 11).
Regarding claim 12, the combination of ‘045 Claim 12 and Smith discloses the invention of claim 8, as set forth in the rejection of claim 8 above. The combination of ‘045 Claim 12 and Smith also discloses wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions between the bonding material and the bonded material comprises processing the ultrasonic composite scan data using the processor to identify the number of layers (‘045 Claim 12: “wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions between the bonding material and the bonded material comprises processing the ultrasonic composite scan data using the processor to identify the number of layers,” ‘045 Claim 12).
Regarding claim 13, the combination of ‘045 Claim 13 and Smith discloses the invention of claim 8, as set forth in the rejection of claim 8 above. The combination of ‘045 Claim 13 and Smith also discloses wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions between the bonding material and the bonded material comprises processing the ultrasonic composite scan data using the processor to identify a change in the number of layers (‘045 Claim 13: “wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions between the bonding material and the bonded material comprises processing the ultrasonic composite scan data using the processor to identify a change in the number of layers,” ‘045 Claim 13).
Regarding claim 14:
‘045 Claim 14 discloses a method of characterizing a test object, comprising: receiving sound property data for a matrix of bonded material; controlling a z-start time and a z-gate time of at least one pulse-wave detector to generate ultrasonic composite scan data as a function of the sound property data for the matrix of bonded material; processing the ultrasonic composite scan data using a processor to identify layer transitions in the matrix of bonded material; generating a user display showing a number of layers in the matrix of bonded material and a distance between each layer (“ a method of characterizing a test object, comprising: receiving sound property data for a matrix of bonded material; controlling a z-start time and a z-gate time of at least one pulse-wave detector to generate ultrasonic composite scan data as a function of the sound property data for the matrix of bonded material; processing the ultrasonic composite scan data using a processor to identify layer transitions in the matrix of bonded material; generating a user display showing a number of layers in the matrix of bonded material and a distance between each layer,” ‘045 Claim 14).
‘045 Claim 14 does not teach generating a ply type or a weave type associated with the selected layer.
Smith teaches determining a weave type of a bonded material (“allows for the weave-type to be identified,” p. 7) via ultrasonic scanning (“ultrasonic data, p. 1).
It has been held that use of known technique to improve similar devices (methods, or products) in the same way is not sufficient to patentably distinguish an invention over the prior art, as set forth in MPEP § 2143(I)(C).
In this instance, one having ordinary skill in the art could easily modify ‘045 Claim 1 to also determine a ply type or a weave type associated with the selected layer, as taught by Smith, thereby predictably adding the capability of determining a ply type or weave type, without otherwise substantially altering the operation of ‘045 Claim 14.
It would have been obvious to a person having ordinary skill in the art at the time the invention was made to modify ‘045 Claim 14 to determine a ply type or a weave type associated with the selected layer as taught by Smith, because this would predictably provide the capability of determining a ply type or a weave type associated with the selected layer,
Regarding claim 15, the combination of ‘045 Claim 15 and Smith discloses the invention of claim 14, as set forth in the rejection of claim 14 above. The combination of ‘045 Claim 15 and Smith also discloses wherein the ply type or the weave type includes one or more fiber orientations relative to layers adjacent to the selected layer (Smith: “the angular distribution for each ply is more complicated as there are many angles associated with a particular weave type,” p. 7).
Regarding claim 16, the combination of ‘045 Claim 16 and Smith discloses the invention of claim 14, as set forth in the rejection of claim 14 above. The combination of ‘045 Claim 16 and Smith also discloses wherein the bonding material is epoxy resin (‘045 Claim 16: “wherein the bonding material is epoxy resin or a polymer,” ‘045 Claim 16).
Regarding claim 17, the combination of ‘045 Claim 17 and Smith discloses the invention of claim 14, as set forth in the rejection of claim 14 above. The combination of ‘045 Claim 17 and Smith also discloses wherein the bonded material is fiber (‘045 Claim 17: “wherein the bonded material is fiber,” ‘045 Claim 17).
Regarding claim 18, the combination of ‘045 Claim 18 and Smith discloses the invention of claim 14, as set forth in the rejection of claim 18 above. The combination of ‘045 Claim 18 and Smith also discloses wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions between the bonding material and the bonded material comprises processing the ultrasonic composite scan data using the processor to identify the number of layers (‘045 Claim 18 “wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions between the bonding material and the bonded material comprises processing the ultrasonic composite scan data using the processor to identify the number of layers,” ‘045 Claim 18).
Regarding claim 19, the combination of ‘045 Claim 19 and Smith discloses the invention of claim 14, as set forth in the rejection of claim 14 above. The combination of ‘045 Claim 19 and Smith also discloses wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions between the bonding material and the bonded material comprises processing the ultrasonic composite scan data using the processor to identify a change in the number of layers (‘045 Claim 19: “wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions between the bonding material and the bonded material comprises processing the ultrasonic composite scan data using the processor to identify a change in the number of layers,” ‘045 Claim 19).
Regarding claim 20, the combination of ‘045 Claim 20 and Smith discloses the invention of claim 14, as set forth in the rejection of claim 14 above. The combination of ‘045 Claim 20 and Smith also discloses wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions between the bonding material and the bonded material further comprises processing the ultrasonic composite scan data using the processor to identify a type of an individual layer (‘045 Claim 20: “wherein processing the ultrasonic composite scan data using the processor to identify the layer transitions between the bonding material and the bonded material further comprises processing the ultrasonic composite scan data using the processor to identify a type of an individual layer,” ‘045 Claim 20).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 8675990 B2 discloses a method of evaluating a composite structure in which a portion of the structure is imaged and subsequently transformed to provide a 2D output of the angular distribution of features, eg a 2D FFT. A weighting function is applied to the output to compensate for variation in the angular density of pixel population. The weighted output is then used to provide an angular distribution of feature intensity. The structure can be imaged in two or more intersecting planes to allow a 3D determination of feature direction to be obtained.
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/LEO T HINZE/
Patent Examiner
AU 2853
30 May 2026
/STEPHEN D MEIER/ Supervisory Patent Examiner, Art Unit 2853