Prosecution Insights
Last updated: October 25, 2026
Application No. 19/048,469

METHOD AND REPAIR KIT FOR REPAIRING A SANDWICH STRUCTURE

Non-Final OA §102§103
Filed
Feb 07, 2025
Priority
Feb 28, 2024 — EU 24160397.6
Examiner
BEHA, CAROLINE
Art Unit
1748
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Airbus Operations GmbH
OA Round
1 (Non-Final)
58%
Grant Probability
Moderate
1-2
OA Rounds
1y 7m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allowance Rate
147 granted / 255 resolved
-7.4% vs TC avg
Strong +24% interview lift
Without
With
+24.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
44 currently pending
Career history
315
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
64.7%
+24.7% vs TC avg
§102
15.8%
-24.2% vs TC avg
§112
16.0%
-24.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 255 resolved cases

Office Action

§102 §103
DETAILED ACTION The communication dated 8/3/2026 has been entered and fully considered. Claims 1-15 are pending with claims 14-15 being withdrawn from further consideration. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Election/Restrictions Claims 14-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/3/2026. Applicant’s election without traverse of Group I, claims 1-13, in the reply filed on 8/3/2026 is acknowledged. 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. Claim(s) 1, 4-5 and 11-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Staal et al. (U.S. PGPUB 2022/0388258), hereinafter STAAL. Regarding claim 1, STAAL teaches: A method for repairing a sandwich structure (STAAL teaches a method for repairing a sandwich structure [Abstract].), the sandwich structure having a top layer and a bottom layer defining an intermediate space therebetween which is at least partially filled out with a core material (STAAL teaches a sandwich structure having a top layer and a bottom layer defining an intermediate space therebetween which is at least partially filled with a core material [Figs. 5-6; Abstract].), the method comprising the steps of: localizing a damaged section of the sandwich structure (STAAL teaches localizing the damaged section of the sandwich structure [Figs. 8-9; 0071-0073].); removing the damaged section to create a repair cavity while preserving one of the top layer or the bottom layer (STAAL teaches removing the damaged section to create a repair cavity (142) while preserver one of the top or bottom layer [Fig. 9; 0072-0073].); filling up the repair cavity with a filling material (STAAL teaches filling up the repair cavity with a filling material (144) [Fig. 10; 0074].); covering the filled-up repair cavity with a cover layer (STAAL teaches covering the filled-up repair cavity (142) with a cover layer (115) [Fig. 10; 0075-0076].); and fixing the cover layer with at least one fixing element extending through the cover layer and the filling material, or through the core material adjacent to the filling material, or both (STAAL teaches fixing the cover layer (115) with at least one fixing element (120) extending through the cover layer and the filling material [Fig. 13; 0087-0088].). Regarding claim 4, STAAL teaches: wherein the cover layer is provided with prefabricated through-holes for receiving the at least one fixing element (STAAL teaches the cover layer (115) has a relief hole (116) [0057; 0088].). Regarding claim 5, STAAL teaches: further comprising the step of: placing a sealing layer below the cover layer (STAAL teaches a sealing layer (144) below the cover layer [0078] as the potting compound is cured.). Regarding claim 11, STAAL teaches: wherein the at least one fixing element extends through the bottom layer (STAAL teaches at least one fixing element (120) extends through the bottom layer [Fig. 13].). Regarding claim 12, STAAL teaches: wherein the at least one fixing element is brought into a positive-fit engagement with the bottom layer (STAAL teaches at least one fixing element (120) is brought into a positive-fit engagement with the bottom layer [Fig. 13].). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Staal et al. (U.S. PGPUB 2022/0388258), hereinafter STAAL, in view of Itoh et al. (U.S. PGPUB 2004/0028877), hereinafter ITOH. Regarding claim 2, STAAL teaches all of the claimed limitations as stated above, but is silent as to: wherein the step of removing comprises using a core drill selected according to a maximal diameter of the damaged section. In the same field of endeavor, repairing, ITOH teaches using a core drill (11) selected according to a maximal diameter of the damaged section [0059; Figs. 5-6]. in response to a current location and a desired cut or drill location that is defined by a repair plan [0041-0042]. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the applicant’s invention to modify STAAL, by the core drill being selected according to a maximal diameter of the damaged section, as suggested by ITOH, in order for the intensity of stress concentration can be limited to a low level [0059]. Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Staal et al. (U.S. PGPUB 2022/0388258), hereinafter STAAL, in view of Thiagarajan et al. (U.S. PGPUB 2014/0115853), hereinafter THIAGARAJAN. Regarding claim 3, STAAL teaches all of the claimed limitations as stated above, but is silent as to: wherein the filling material is provided as a foam. In the same field of endeavor, repairing, THIAGARAJAN teaches a filling material is provided as a foam [0002]. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the applicant’s invention to modify STAAL, by the filling material is provided as a foam, as suggested by THIAGARAJAN, in order to stabilize the core during the curing cycle [0002]. Claim(s) 6-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Staal et al. (U.S. PGPUB 2022/0388258), hereinafter STAAL, in view of Brooks, JR. et al. (U.S. PGPUB 2021/0103266), hereinafter BROOKS. Regarding claim 6, STAAL teaches all of the claimed limitations as stated above, but is silent as to: further comprising the step of: drilling at least one drill hole for receiving the at least one fixing element. In the same field of endeavor, repairing, BROOKS teaches drilling at least one hole for receiving rivets [0066]. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the applicant’s invention to modify STAAL, by drilling at least one drill hole, as suggested by BROOKS, in order to drill precisely and reduce labor [0002-0004]. Regarding claim 7, BROOKS further teaches: wherein a drilling tool for drilling the drill hole is guided by a guiding tool supported, or provided, or both at the cover layer (BROOKS teaches the drilling tool is guided by a guiding tool (100) supported at the cover layer (110) [0041-0042; Figs. 3a-3b].). Regarding claim 8, BROOKS further teaches: wherein the at least one drill hole is being provided with a circumferential step at a respective predefined depth (BROOKS teaches at least one drill hole is being provided with a circumferential step at a respective predefined depth [Fig. 1; 0043; 0072].). Regarding claim 9, BROOKS further teaches: wherein the at least one circumferential step is provided in the top layer, or in a vicinity of the bottom layer (BROOKS shows the at least one circumferential step is provided in the top layer [Fig. 1].). Regarding claim 10, BROOKS further teaches: wherein the at least one circumferential step is being provided with a chamfer (BROOKS teaches at least one circumferential step is cutting a bowl-shaped depression of varying depth in the surface of the component [0058; Fig. 7].). Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Staal et al. (U.S. PGPUB 2022/0388258), hereinafter STAAL, in view of Oropeza (U.S. PGPUB 2023/0243383), hereinafter OROPEZA. Regarding claim 13, STAAL teaches all of the claimed limitations as stated above, but is silent as to: wherein the filling material is injected through the at least one fixing element. In the same field of endeavor, fasteners, OROPEZA teaches filling material is injected through at least one fixing element [0018]. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the applicant’s invention to modify STAAL, by the filling material injected through at least one fixing element, as suggested by OROPEZA, in order to allow to adjust the height of the pieces without losing attachment to the structure [0018]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAROLINE BEHA whose telephone number is (571)272-2529. The examiner can normally be reached MONDAY - FRIDAY 9:00 A.M. - 5:00 P.M. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ABBAS RASHID can be reached at (571) 270-7457. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /C.B./Examiner, Art Unit 1748 /JACOB T MINSKEY/Primary Examiner, Art Unit 1748
Read full office action

Prosecution Timeline

Feb 07, 2025
Application Filed
Sep 30, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
58%
Grant Probability
82%
With Interview (+24.0%)
3y 4m (~1y 7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 255 resolved cases by this examiner. Grant probability derived from career allowance rate.

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