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 § 103
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 1-3, 9-13 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Chang et al. [US2017/0184469, of record, previously cited, “Chang”] in view of Blanchard et al. [US2007/0281122, newly cited, “Blanchard”].
Chang discloses a method for repairing a composite structure (34) for electromagnetic effects (EME) protection, comprising: identifying a repair area on a composite structure (34) (paragraph 0002, 0008, 0047); applying a composite repair patch (36a-c) over the repair area (Figure 3; paragraph 0047, 0042); and applying a conductive layer (outermost ply of IWWF 38) over the composite repair patch and an area of the composite structure surrounding the composite repair patch (Figure 3; paragraph 0047), wherein the conductive layer overlaps the composite repair patch (Figure 3), wherein the conductive layer comprises a metal or metal alloy (paragraph 0047, 0005), and wherein the conductive layer creates a conductive bridge over the composite repair patch to provide an EME protection to the composite structure and enhance a dispersion of lightning strike energy along the composite structure (paragraph 0044).
Chang discloses a conductive layer, but fails to disclose a foil having a thickness from 0.005 to 0.020 inches.
Blanchard discloses a method of applying an electrical energy dissipation patch (paragraphs 0022-0028). Blanchard discloses the composite structure can include IWWF or a metal mesh lighting strike protection system (paragraphs 0033-34), and the composite structure can be repaired and a conductive layer of metal foil having a thickness of 0.006 inch is applied to the repair to restore continuity of the conductive material (paragraph 0030-31).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the method of Chang by applying a conductive metal foil having a thickness of 0.006 inches as taught by Blanchard in order to quickly repair with minimal skill and equipment requirement.
With respect to claim 2, Chang discloses an exterior surface of the composite structure comprises an outer layer, and wherein applying the composite repair patch over the repair area comprises applying the composite repair patch to the outer layer over the repair area (Figures 1, 3, paragraph 0041, 0042, 0047).
With respect to claim 3, Chang discloses a surfacer layer is disposed over the outer layer, and wherein applying the composite repair patch over the repair area comprises removing a portion of the surfacer layer to expose the outer layer over the repair area (Figures 1, 3, paragraph 0041, 0042, 0047).
With respect to claim 9, Chang discloses the outer layer is conductive and comprises an inter woven wire fabric (IWWF) layer comprising carbon fibers, and wherein applying the conductive layer over the composite repair patch and the area of the composite structure surrounding the composite repair patch comprises applying the conductive layer to directly contact the exposed outer layer in an overlap area corresponding to the conductive layer to create a conductive bridge for the outer layer over the composite repair patch (Figures 1, 3, paragraph 0041, 0042, 0047).
With respect to claim 10, Chang discloses the outer layer is disposed over a middle layer, and wherein the middle layer does not include conductive elements to isolate a dispersion of lightning strike energy to the outer layer (Figures 1, 3, paragraph 0041, 0042, 0047).
With respect to claim 11, Chang discloses a method for repairing a composite structure for electromagnetic effects (EME) protection, comprising: identifying a repair area (32) on a composite structure (34) (paragraph 0002, 0008, 0047); removing a portion of the composite structure corresponding to the repair area to create a repair cavity (paragraph 0008, 0042); applying a composite scarf repair patch in the repair cavity (paragraph 0042); and applying a conductive layer (38) over the composite scarf repair patch and an area of the composite structure surrounding the composite scarf repair patch (Figure 3, paragraph 00047), wherein the conductive layer overlaps the composite scarf repair patch (Figure 3), wherein the conductive layer comprises a metal or metal alloy (paragraph 0005, 0047), and wherein the conductive layer creates a conductive bridge over the composite scarf repair patch to provide an EME protection to the composite structure and to enhance a dispersion of lightning strike energy along the composite structure (paragraph 0044).
Chang discloses a conductive layer, but fails to disclose a foil having a thickness from 0.005 to 0.020 inches.
Blanchard discloses a method of applying an electrical energy dissipation patch (paragraphs 0022-0028). Blanchard discloses the composite structure can include IWWF or a metal mesh lighting strike protection system (paragraphs 0033-34), and the composite structure can be repaired and a conductive layer of metal foil having a thickness of 0.006 inch is applied to the repair to restore continuity of the conductive material (paragraph 0030-31).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the method of Chang by applying a conductive metal foil having a thickness of 0.006 inches as taught by Blanchard in order to quickly repair with minimal skill and equipment requirement.
With respect to claim 12, Chang discloses an exterior surface of the composite structure comprises an outer layer, and wherein removing the portion of the composite structure corresponding to the repair area to create the repair cavity comprises removing a portion of the outer layer to create the repair cavity (Figures 1, 3, paragraph 0041, 0042, 0047).
With respect to claim 13, Chang discloses a surfacer layer is disposed over the outer layer, and wherein removing the portion of the composite structure corresponding to the repair area to create the repair cavity comprises removing a portion of the surfacer layer to expose the outer layer corresponding to the repair area (Figures 1, 3, paragraph 0041, 0042, 0047).
With respect to claim 19, Chang discloses the outer layer is conductive and comprises an inter woven wire fabric (IWWF) layer comprising carbon fibers, and wherein applying the conductive layer over the composite scarf repair patch and at least the area of the composite structure surrounding the composite scarf repair patch comprises applying the conductive layer to directly contact at least a portion of the outer layer surrounding the composite scarf repair patch to create a conductive bridge for the outer layer over the composite scarf repair patch (Figures 1, 3, paragraph 0041, 0042, 0047).
With respect to claim 20, Chang discloses a repair patch for electromagnetic effects (EME) protection of a composite structure, comprising: a composite repair patch or a composite scarf repair patch (36a-c) sized to correspond to a repair area of a composite structure (Figure 3; paragraph 0047); and a conductive layer (38) disposed on the composite repair patch or the composite scarf repair patch (Figure 3), wherein the conductive layer has a size larger than the composite repair patch or the composite scarf repair patch (Figure 3), wherein the conductive layer is configured to overlap the composite repair patch or the composite scarf repair patch when disposed on the composite structure (paragraph 0044, Figure 3), and wherein the conductive layer comprises a metal or metal alloy and the conductive layer is configured to create a conductive bridge over the composite repair patch or the composite scarf repair patch (paragraph 0044, 0005, 0047).
Chang discloses a conductive layer, but fails to disclose a foil having a thickness from 0.005 to 0.020 inches.
Blanchard discloses a method of applying an electrical energy dissipation patch (paragraphs 0022-0028). Blanchard discloses the composite structure can include IWWF or a metal mesh lighting strike protection system (paragraphs 0033-34), and the composite structure can be repaired and a conductive layer of metal foil having a thickness of 0.006 inch is applied to the repair to restore continuity of the conductive material (paragraph 0030-31).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the patch of Chang by including a conductive metal foil having a thickness of 0.006 inches as taught by Blanchard in order to quickly repair with minimal skill and equipment requirement.
Claims 4-6 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Chang, Blanchard, and further in view of Georgeson et al. [US2009/0033323, newly cited, ‘Georgeson”].
Chang as modified discloses a method for repairing. Applicant is referred to paragraph 3 for a detailed discussion of Chang as modified. Chang discloses a base conductive layer is disposed over at least a portion of the outer layer, and wherein applying the composite repair patch over the repair area comprises removing the base conductive layer to expose the outer layer over the repair area and applying the composite repair patch to the exposed outer layer (Figures 1, 3, paragraph 0041, 0042, 0047). Chang discloses a base conductive layer includes wires as protection (paragraph 0041) but does not disclose a foil.
Georgeson discloses a method of providing protection. Georgeson discloses protection systems alternatives which include wires or foils (paragraph 0008). As discussed above, Blanchard discloses metal foils are known to have a thickness of 0.006 inches.
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the method of Chang by substituting the protective system with wires for a protective system with metal foil as Georgeson discloses both systems as alternatives and it is within the ability of one of ordinary skill to substitute known alternatives, and it would have been obvious to use a metal foil thickness of 0.006 inches as taught by Blanchard in order to reduce thickness and weight of the protection system.
With respect to claim 5, Chang discloses a surfacer layer is disposed over the base conductive layer, and wherein applying the composite repair patch over the repair area comprises removing a portion of the surfacer layer to expose the outer layer over the repair area and to expose at least a portion of the base conductive layer corresponding to an overlap area corresponding to the conductive layer (Figures 1, 3, paragraph 0041, 0042, 0047).
With respect to claim 6, Chang discloses applying the conductive layer over the composite repair patch and the area of the composite structure surrounding the composite repair patch comprises applying the conductive layer to directly contact the exposed at least a portion of the base conductive layer in the overlap area to create a conductive bridge for the base conductive layer over the composite repair patch (Figures 1, 3, paragraph 0041, 0042, 0047).
With respect to claim 14, Chang discloses a base conductive layer is disposed over at least a portion of the outer layer in the repair area, and wherein removing the portion of the composite structure corresponding to the repair area to create the repair cavity comprises removing a portion of the base conductive layer to expose the outer layer in the repair area (Figures 1, 3, paragraph 0041, 0042, 0047). Chang discloses a base conductive layer includes wires as protection (paragraph 0041) but does not disclose a foil.
Georgeson discloses a method of providing protection. Georgeson discloses protection systems alternatives which include wires or foils (paragraph 0008). As discussed above, Blanchard discloses metal foils are known to have a thickness of 0.006 inches.
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the method of Chang by substituting the protective system with wires for a protective system with metal foil as Georgeson discloses both systems as alternatives and it is within the ability of one of ordinary skill to substitute known alternatives, and it would have been obvious to use a metal foil thickness of 0.006 inches as taught by Blanchard in order to reduce thickness and weight of the protection system.
With respect to claim 5, Chang discloses a surfacer layer is disposed over the base conductive layer, and wherein applying the composite repair patch over the repair area comprises removing a portion of the surfacer layer to expose the outer layer over the repair area and to expose at least a portion of the base conductive layer corresponding to an overlap area corresponding to the conductive layer (Figures 1, 3, paragraph 0041, 0042, 0047).
With respect to claim 15, Chang discloses a surfacer layer is disposed over the base conductive layer, and wherein removing the portion of the composite structure corresponding to the repair area to create the repair cavity comprises removing a portion of the surfacer layer to expose the outer layer over the repair area and to expose at least a portion of the base conductive layer corresponding to an overlap area corresponding to the conductive layer (Figures 1, 3, paragraph 0041, 0042, 0047).
With respect to claim 16, Chang discloses applying the conductive layer over the composite scarf repair patch and at least the area of the composite structure surrounding the composite scarf repair patch comprises applying the conductive layer to directly contact the base conductive layer in the overlap area to create a conductive bridge for the base conductive layer over the composite scarf repair patch (Figures 1, 3, paragraph 0041, 0042, 0047).
Claims 7-8 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Chang, Blanchard, and further in view of Ackerman [WO2007/030371].
Chang as modified discloses a method for repairing. Applicant is referred to paragraph 3 for a detailed discussion of Chang as modified. With respect to claims 7 and 17, Chang discloses removing a compromised portion but does not explicitly disclose removing one or more mechanical fasteners in the repair area.
Ackerman discloses a method of repairing including a repair area comprises one or more mechanical fasteners, and wherein applying the composite repair patch over the repair area comprises removing the one or more mechanical fasteners in the repair area and applying the composite repair patch over one or more filled-in spaces corresponding to the one or more mechanical fasteners removed from the repair area (paragraph 0011).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the method of Chang by removing mechanical fasteners from the damaged area as taught by Ackerman in order to prepare the surface for repair by removing all damaged materials resulting in a stronger repair.
With respect to claims 8 and 18, Ackerman discloses applying the conductive layer over the composite repair patch and the area of the composite structure surrounding the composite repair patch comprises disposing one or more mechanical fasteners through the conductive layer and the composite repair patch in the repair area and creating a conductive bridge for the one or more mechanical fasteners over the composite repair patch (paragraph 0011).
Response to Arguments
Applicant’s arguments, filed 4/27/2026, with respect to the rejection under 35 USC 112 have been fully considered and are persuasive. The rejection under 35 USC 112 has been withdrawn.
Applicant’s arguments, filed 4/27/2026, with respect to the rejection under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly cited Blanchard and Georgeson.
Applicant asserts the previously cited prior art does not disclose a metal foil with the claimed thickness range. Newly cited Blanchard discloses a repair patch that is used to repair a composite and protection system wherein the repair includes a metal foil with a thickness of 0.006 inches which is within the claimed range. Newly cited Blanchard discloses the newly added features of the claims.
Applicant asserts the previously cited prior art does not disclose a base conductive layer made of a foil with a particular thickness. Previously cited Chang discloses a protection system that includes wires, and newly cited Georgeson discloses protection systems that includes wires or foils are known alternatives. Blanchard discloses a known foil thickness that is within the claimed range.
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 DANIEL MCNALLY whose telephone number is (571)272-2685. The examiner can normally be reached M-F 9-5.
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/DANIEL MCNALLY/Primary Examiner, Art Unit 1746
DPM
July 15, 2026
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