DETAILED ACTION
The present application is being examined under the pre-AIA first to invent provisions.
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 1-18 and 20 of U.S. Patent No. 12,050,203 B2 (hereinafter ‘203). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of ‘203 anticipate claims 1-18 and 20, as set forth in the table below.
Cl.
18/764,878
Cl.
12,050,203 B2 - (17/899,224)
1
A system for testing composite materials, comprising
1
A system for testing composite materials, comprising
an ultrasonic transducer operable to scan a composite laminate and produce composite scan data
an ultrasonic transducer operable to scan a composite laminate and produce composite scan data
a storage device connected to a processor, wherein the storage device includes an application to control the processor
a storage device connected to a processor, wherein the storage device includes an application to control the processor
wherein the processor receives the composite scan data from the ultrasonic transducer
wherein the processor receives the composite scan data from the ultrasonic transducer
wherein the composite scan data corresponds to a nonplanar surface of the composite laminate
wherein the composite scan data corresponds to a nonplanar surface of the composite laminate
wherein the processor is configured to generate a plurality of C-scan slices based on the composite scan data
wherein the processor is configured to generate a plurality of C-scan slices based on the composite scan data
wherein the processor automatically determines at least one lamina property and at least one lamina failure parameter based on the composite scan data
wherein the processor automatically determines at least one lamina property and at least one lamina failure parameter based on the composite scan data
wherein the processor generates a probabilistic failure envelope for the composite laminate using the composite scan data, the plurality of C-scan slices, the at least one lamina property, and the at least one lamina failure parameter
wherein the processor generates a probabilistic failure envelope for the composite laminate using the composite scan data, the plurality of C-scan slices, the at least one lamina property, and the at least one lamina failure parameter
2
wherein the processor is operable to calculate a ply type, a weave type, a number of individual laminas, or a thickness of each individual lamina using the composite scan data
2
wherein the processor is operable to calculate a ply type, a weave type, a number of individual laminas, or a thickness of each individual lamina using the composite scan data
3
wherein the processor is operable to determine fiber and matrix moduli and/or the at least one failure parameter based on the ply type, the weave type, the number of individual laminas, or the thickness of each individual lamina calculated by the processor
3
wherein the processor is operable to determine fiber and matrix moduli and/or the at least one failure parameter based on the ply type, the weave type, the number of individual laminas, or the thickness of each individual lamina calculated by the processor
4
wherein the probabilistic failure envelope for the composite laminate is further based on the ply type, the weave type, the number of individual laminas, or the thickness of each individual lamina calculated by the processor
4
wherein the failure load for the composite laminate is further based on the ply type, the weave type, the number of individual laminas, or the thickness of each individual lamina calculated by the processor
5
wherein the ultrasonic transducer includes an ultrasonic pulse-wave detector
5
wherein the ultrasonic transducer includes an ultrasonic pulse-wave detector
6
further including a graphical user interface, wherein the graphical user interface is operable to receive a z-start time and a z-gate time of the ultrasonic transducer prior to scanning the composite laminate
6
further including a graphical user interface, wherein the graphical user interface is operable to receive a z-start time and a z-gate time of the ultrasonic transducer prior to scanning the composite laminate
7
wherein the nonplanar surface of the composite laminate has a three- dimensional curvature
7
wherein the nonplanar surface of the composite laminate has a three-dimensional curvature
8
A system for testing composite materials, comprising
8
A system for testing composite materials, comprising
transducer operable to scan a composite laminate and produce composite scan data
transducer operable to scan a composite laminate and produce composite scan data
a processor, wherein the processor receives the composite scan data from the transducer
a processor, wherein the processor receives the composite scan data from the transducer
wherein the processor generates at least one A-scan slice based on the composite scan data
wherein the processor generates at least one A-scan slice based on the composite scan data
a graphical user interface, wherein the graphical user interface is operable to receive a z- start time and a z-gate time for the transducer prior to scanning the composite laminate
a graphical user interface, wherein the graphical user interface is operable to receive a z-start time and a z-gate time for the transducer prior to scanning the composite laminate
wherein the processor generates at least one C-scan slice based on the at least one A-scan slice
wherein the processor generates at least one C-scan slice based on the at least one A-scan slice
wherein the processor is configured to determine an orientation of each ply of the composite laminate
wherein the processor is configured to determine an orientation of each ply of the composite laminate
wherein the processor generates a probabilistic failure envelope based on the composite scan data, the at least one C-scan slice, the at least one A-scan slice, and the orientation of each ply of the composite laminate
wherein the processor generates a probabilistic failure envelope based on the composite scan data, the at least one C-scan slice, the at least one A-scan slice, and the orientation of each ply of the composite laminate
9
wherein the processor generates signal intensity data and signal time- of-flight data for a plurality of spatial locations across a surface of the composite laminate
9
wherein the processor generates signal intensity data and signal time-of-flight data for a plurality of spatial locations across a surface of the composite laminate
10
wherein the processor is operable to determine fiber and matrix moduli and/or failure parameters based on a ply type, a weave type, a number of individual laminas, or a thickness of each individual lamina calculated by the processor
10
wherein the processor is operable to determine fiber and matrix moduli and/or failure parameters based on a ply type, a weave type, a number of individual laminas, or a thickness of each individual lamina calculated by the processor
11
wherein the processor is operable to calculate a failure load for the individual laminas based on the ply type, the weave type, the number of individual laminas, or the thickness of each individual lamina calculated by the processor
11
wherein the processor is operable to calculate a failure load for the individual laminas based on the ply type, the weave type, the number of individual laminas, or the thickness of each individual lamina calculated by the processor
12
wherein the composite laminate has a nonplanar surface with a three- dimensional curvature
12
wherein the nonplanar surface of the composite laminate has a three-dimensional curvature
13
A system for testing composite materials, comprising
13
A system for testing composite materials, comprising
a scanner operable to scan a composite laminate and produce composite scan data
a scanner operable to scan a composite laminate and produce composite scan data
a processor, wherein the processor receives the composite scan data from the scanner
a processor, wherein the processor receives the composite scan data from the scanner
wherein the composite scan data includes signal intensity and signal time-of-flight data for a plurality of spatial locations across a surface of the composite laminate
wherein the composite scan data includes signal intensity and signal time-of-flight data for a plurality of spatial locations across a surface of the composite laminate
wherein the composite scan data corresponds to a nonplanar surface of the composite
laminate
wherein the composite scan data corresponds to a nonplanar surface of the composite laminate
wherein the nonplanar surface of the composite laminate has a three-dimensional curvature
wherein the nonplanar surface of the composite laminate has a three-dimensional curvature
wherein the processor determines a primary fiber orientation and a secondary fiber orientation based on the composite scan data
wherein the processor determines a primary fiber orientation and a secondary fiber orientation based on the composite scan data
14
wherein the processor generates at least one bulk property for the composite laminate, and wherein the at least one bulk property generated by the processor includes the extensional stiffness, the bending stiffness, or the bending-extension coupling stiffness of the composite laminate
14
wherein the at least one bulk property generated by the processor includes the extensional stiffness, the bending stiffness, or the bending-extension coupling stiffness of the composite laminate
15
wherein the processor generates a probabilistic failure envelope for the composite laminate based on the composite scan data
15
wherein the processor generates a probabilistic failure envelope for the composite laminate based on the composite scan data
16
wherein the processor is operable to generate a ply type, a weave type, a number of individual laminas, or a thickness of each individual lamina
16
wherein the processor is operable to generate a ply type, a weave type, a number of individual laminas, or a thickness of each individual lamina
17
wherein the processor is operable to determine fiber and matrix moduli and/or failure parameters based on the ply type, the weave type, the number of individual laminas, or the thickness of each individual lamina calculated by the processor
17
wherein the processor is operable to determine fiber and matrix moduli and/or failure parameters based on the ply type, the weave type, the number of individual laminas, or the thickness of each individual lamina calculated by the processor
18
wherein the processor is operable to calculate a failure load for the individual laminas based on the ply type, the weave type, the number of individual laminas, or the thickness of each individual lamina calculated by the processor
18
wherein the processor is operable to calculate a failure load for the individual laminas based on the ply type, the weave type, the number of individual laminas, or the thickness of each individual lamina calculated by the processor
19
wherein the processor determines a primary fiber orientation and a secondary fiber orientation for each C-scan of the plurality of C-scans
13
wherein the processor determines a primary fiber orientation and a secondary fiber orientation based on the composite scan data
20
wherein the processor is further operable to generate at least one A- scan slice, wherein the processor is operable to generate at least one C-scan slice based on the at least one A-scan slice, and wherein the processor is operable to analyze the at least one A-scan slice, the at least one C-scan slice, and the composite scan data to generate a failure envelope for the composite laminate
19
wherein the processor is further operable to generate at least one A-scan slice, wherein the processor is operable to generate at least one C-scan slice based on the at least one A-scan slice, and wherein the processor is operable to analyze the at least one A-scan slice, the at least one C-scan slice, and the composite scan data to generate a failure envelope for the composite laminate
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 and 9-20 of U.S. Patent No. 11,442,044 B2 B2 (hereinafter ‘044). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of ‘044 anticipate claims 1-7 and 9-20, as set forth in the table below.
Cl.
18/764,878
Cl.
11,442,044 B2 - (17/006,290)
1
A system for testing composite materials, comprising
1
A system for testing composite materials, comprising
an ultrasonic transducer operable to scan a composite laminate and produce composite scan data
an ultrasonic transducer operable to scan a composite laminate and produce composite scan data
a storage device connected to a processor, wherein the storage device includes an application to control the processor
a storage device connected to a processor, wherein the storage device includes an application to control the processor
wherein the processor receives the composite scan data from the ultrasonic transducer
wherein the processor receives the composite scan data from the ultrasonic transducer
wherein the composite scan data corresponds to a nonplanar surface of the composite laminate
wherein the composite scan data corresponds to a nonplanar surface of the composite laminate
wherein the processor is configured to generate a plurality of C-scan slices based on the composite scan data
wherein the processor is configured to generate a plurality of C-scan slices based on the composite scan data
wherein the processor automatically determines at least one lamina property and at least one lamina failure parameter based on the composite scan data
wherein the processor automatically determines at least one lamina property and at least one lamina failure parameter based on the composite scan data
wherein the processor generates a probabilistic failure envelope for the composite laminate using the composite scan data, the plurality of C-scan slices, the at least one lamina property, and the at least one lamina failure parameter
wherein the processor generates a probabilistic failure envelope for the composite laminate using the composite scan data, the plurality of C-scan slices, the at least one lamina property, and the at least one lamina failure parameter
2
wherein the processor is operable to calculate a ply type, a weave type, a number of individual laminas, or a thickness of each individual lamina using the composite scan data
2
wherein the processor is operable to calculate a ply type, a weave type, a number of individual laminas, or a thickness of each individual lamina using the composite scan data
3
wherein the processor is operable to determine fiber and matrix moduli and/or the at least one failure parameter based on the ply type, the weave type, the number of individual laminas, or the thickness of each individual lamina calculated by the processor
3
wherein the processor is operable to determine fiber and matrix moduli and/or the at least one failure parameter based on the ply type, the weave type, the number of individual laminas, or the thickness of each individual lamina calculated by the processor
4
wherein the probabilistic failure envelope for the composite laminate is further based on the ply type, the weave type, the number of individual laminas, or the thickness of each individual lamina calculated by the processor
4
wherein the failure load for the composite laminate is further based on the ply type, the weave type, the number of individual laminas, or the thickness of each individual lamina calculated by the processor
5
wherein the ultrasonic transducer includes an ultrasonic pulse-wave detector
5
wherein the ultrasonic transducer includes an ultrasonic pulse-wave detector
6
further including a graphical user interface, wherein the graphical user interface is operable to receive a z-start time and a z-gate time of the ultrasonic transducer prior to scanning the composite laminate
6
further including a graphical user interface, wherein the graphical user interface is operable to receive a z-start time and a z-gate time of the ultrasonic transducer prior to scanning the composite laminate
7
wherein the nonplanar surface of the composite laminate has a three- dimensional curvature
7
wherein the composite laminate includes a curved composite laminate
8
A system for testing composite materials, comprising
9
A system for testing composite materials, comprising
transducer operable to scan a composite laminate and produce composite scan data
transducer operable to scan a composite laminate and produce composite scan data
a processor, wherein the processor receives the composite scan data from the transducer
a processor, wherein the processor receives the composite scan data from the transducer
wherein the processor generates at least one A-scan slice based on the composite scan data
wherein the processor generates at least one A-scan slice based on the composite scan data
a graphical user interface, wherein the graphical user interface is operable to receive a z- start time and a z-gate time for the transducer prior to scanning the composite laminate
a graphical user interface, wherein the graphical user interface is operable to receive a z-start time and a z-gate time for the transducer prior to scanning the composite laminate
wherein the processor generates at least one C-scan slice based on the at least one A-scan slice
wherein the processor generates at least one C-scan slice based on the at least one A-scan slice
wherein the processor is configured to determine an orientation of each ply of the composite laminate
wherein the processor is configured to determine an orientation of each ply of the composite laminate
wherein the processor generates a probabilistic failure envelope based on the composite scan data, the at least one C-scan slice, the at least one A-scan slice, and the orientation of each ply of the composite laminate
wherein the processor generates a probabilistic failure envelope based on the composite scan data, the at least one C-scan slice, the at least one A-scan slice, at least one of the ply type, the weave type, the number of individual laminas, or the thickness of each individual lamina, and the orientation of each ply of the composite laminate
9
wherein the processor generates signal intensity data and signal time- of-flight data for a plurality of spatial locations across a surface of the composite laminate
10
wherein the processor generates signal intensity data and signal time-of-flight data for a plurality of spatial locations across a surface of the composite laminate
10
wherein the processor is operable to determine fiber and matrix moduli and/or failure parameters based on a ply type, a weave type, a number of individual laminas, or a thickness of each individual lamina calculated by the processor
11
wherein the processor is operable to determine fiber and matrix moduli and/or failure parameters based on a ply type, a weave type, a number of individual laminas, or a thickness of each individual lamina calculated by the processor
11
wherein the processor is operable to calculate a failure load for the individual laminas based on the ply type, the weave type, the number of individual laminas, or the thickness of each individual lamina calculated by the processor
12
wherein the processor is operable to calculate a failure load for the individual laminas based on the ply type, the weave type, the number of individual laminas, or the thickness of each individual lamina calculated by the processor
12
wherein the composite laminate has a nonplanar surface with a three- dimensional curvature
13
wherein the surface of the composite laminate is non-planar
13
A system for testing composite materials, comprising
14
A system for testing composite materials, comprising
a scanner operable to scan a composite laminate and produce composite scan data
a scanner operable to scan a composite laminate and produce composite scan data
a processor, wherein the processor receives the composite scan data from the scanner
a processor, wherein the processor receives the composite scan data from the scanner
wherein the composite scan data includes signal intensity and signal time-of-flight data for a plurality of spatial locations across a surface of the composite laminate
wherein the composite scan data includes signal intensity and signal time-of-flight data for a plurality of spatial locations across a surface of the composite laminate
wherein the composite scan data corresponds to a nonplanar surface of the composite
laminate
wherein the composite scan data corresponds to a nonplanar surface of the composite laminate
wherein the nonplanar surface of the composite laminate has a three-dimensional curvature
wherein the nonplanar surface of the composite laminate has a three-dimensional curvature
wherein the processor determines a primary fiber orientation and a secondary fiber orientation based on the composite scan data
wherein the processor determines a primary fiber orientation and a secondary fiber orientation based on the composite scan data
14
wherein the processor generates at least one bulk property for the composite laminate, and wherein the at least one bulk property generated by the processor includes the extensional stiffness, the bending stiffness, or the bending-extension coupling stiffness of the composite laminate
15
wherein the at least one bulk property generated by the processor includes the extensional stiffness, the bending stiffness, or the bending-extension coupling stiffness of the composite laminate
15
wherein the processor generates a probabilistic failure envelope for the composite laminate based on the composite scan data
16
wherein the processor generates a probabilistic failure envelope for the composite laminate based on the composite scan data
16
wherein the processor is operable to generate a ply type, a weave type, a number of individual laminas, or a thickness of each individual lamina
17
wherein the processor is operable to generate a ply type, a weave type, a number of individual laminas, or a thickness of each individual lamina
17
wherein the processor is operable to determine fiber and matrix moduli and/or failure parameters based on the ply type, the weave type, the number of individual laminas, or the thickness of each individual lamina calculated by the processor
18
wherein the processor is operable to determine fiber and matrix moduli and/or failure parameters based on the ply type, the weave type, the number of individual laminas, or the thickness of each individual lamina calculated by the processor
18
wherein the processor is operable to calculate a failure load for the individual laminas based on the ply type, the weave type, the number of individual laminas, or the thickness of each individual lamina calculated by the processor
19
wherein the processor is operable to calculate a failure load for the individual laminas based on the ply type, the weave type, the number of individual laminas, or the thickness of each individual lamina calculated by the processor
19
wherein the processor determines a primary fiber orientation and a secondary fiber orientation for each C-scan of the plurality of C-scans
14
wherein the processor determines a primary fiber orientation and a secondary fiber orientation based on the composite scan data
20
wherein the processor is further operable to generate at least one A- scan slice, wherein the processor is operable to generate at least one C-scan slice based on the at least one A-scan slice, and wherein the processor is operable to analyze the at least one A-scan slice, the at least one C-scan slice, and the composite scan data to generate a failure envelope for the composite laminate
20
wherein the processor is further operable to generate at least one A-scan slice, wherein the processor is operable to generate at least one C-scan slice based on the at least one A-scan slice, and wherein the processor is operable to analyze the at least one A-scan slice, the at least one C-scan slice, and the composite scan data to generate a failure envelope for the composite laminate
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEO T HINZE whose telephone number is (571)272-2864. The examiner can normally be reached M-Th 9-2.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen Meier can be reached on (571)272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LEO T HINZE/
Patent Examiner
AU 2853
11 June 2026
/STEPHEN D MEIER/Supervisory Patent Examiner, Art Unit 2853
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