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 .
Continued Examination Under 37 CFR 1.114
The amendment filed October 29, 2025 has been received and entered. With the entry of the amendment, clams 1-8, 10, 18 and 20-21 are canceled and claims 9, 11-17, 19 and 22-25 are pending for examination.
Election/Restrictions
Applicant’s election without traverse of Invention II, claims 9-20, and the species of Species I, Figure 1 in the reply filed on March 31, 2022 is acknowledged.
It is noted that non-elected claims 1-8 were canceled in the amendment of September 21, 2022.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 16, 17, 24 and 25 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 16, line 5, “the impeller body” lacks antecedent basis (as “an impeller body” not used parent claim 9). The Examiner notes that while claim 14 was amended to remove the use of impeller body, the use of impeller body remains in claim 16, and therefore the rejection remains for claim 16.
The dependent claims do not cure the defects of the claims from which they depend and are therefore also rejected.
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 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.
Claims 9, 14-17, 19 and 22-25 are rejected under 35 U.S.C. 103 as being unpatentable over EP 3 081 669 (hereinafter ‘669) in view of Tozzi et al (US 2015/0017013), Raybould et al (US 2006/0093736), Japan 09-42194 (hereinafter ‘194), Kim et al (US 2014/0308132), Woodard et al (US 2001/0002234), Gerber et al (US 2015/0267543) and Swearingen (US 3642379).
Claim 9, 14, 15, 16, 17, 23, 24: ‘669 describes a method of manufacturing shrouded (covered) impellers that act to compress fluids in turbomachines (note figure 4, 0001-0002, where cover layer 4 would act as a shroud, note 0030-0031). The process includes manufacturing an impeller body (note figure 1, 0026), and a support structure 5 deposited to the impeller body 2, forming a surface 6 that can be understood to provide a surface of the shroud of the impeller (where shroud/cover layer 4 is to be provided)(note figures 2, 3, 0027-0030, 0020, note structure 5 can be provided by cold spraying), and then at least one layer of metallic material is deposited by cold spraying on this surface to form an impeller shroud with an outer surface (note figure 3, 0030, 0020). The forming of the impeller body includes forming an impeller from a metallic base comprising a hub and blades having a first end coupled to the hub (note figures 1-2, note blades 3 and what can be considered a hub area as shown, 0026, 0027, 0020 as to metallic base), where the impeller shroud (cover layer 4) will be coupled to a second end of the blades 3 and also to the hub by way of blades 3 (note figures 1-4, 0027, 0030-0031). It is noted that when the impeller shroud formed, there will be an inner central end after which there will be no material (including no metallic material) deposed on the outer surface of the impeller (note figure 4).
(A) Further as to the impeller being for centrifugal compressors, impeller features, and metallic material used, and use of multiple layers for application,
Tozzi describes how a similar shrouded impeller as shown in figure 4 of ‘669 would indicate that the cover layer 4 area of ‘669 is also known as a shroud (note shroud 5, 123) (note figures 1, 4, 0003, 0049), where such impellers are used in turbo-machines for centrifugal compressors and similarly also for centrifugal pumps (note 0001, 0002). Tozzi also notes conventional metallic material for such impellers (which would include the shrouds) would be Ti alloy such as Ti -6Al-4V, steel (an iron alloy), NrCr superalloys (a Ni based alloy), for example (note 0027-0029, 0009). Tozzi further indicates how the impeller would be formed from a metallic base and comprise a hub, blades having a first end coupled to the hub, and the impeller shroud would be coupled to a second end of the blades and to the by way of the blades (note figures 1, 4, hub 123, shroud 123, blades 125, claims 18, 24). It is noted that when the impeller shroud formed, there will be an inner central end after which there will be no material (including no metallic material) deposed on the outer surface of the impeller (note figure 1).
Raybould further describes cold spraying features, where alloys of Ti, Fe, Ni, Al, Cu, and Co can be deposited (note 0010, 0024), where it is noted that the substrate can be Al or Al alloy based (0010), but the cold spraying can also be applied to other substrates such as titanium or other components (0032), where it is further described how after the cold spraying, machining can be provided if necessary to bring the component to desired dimensions (0025). Raybould further describes that when cold spraying it is known to provide the desired thickness of coating by spraying with repeat passes (that is, spraying a layer with each pass, giving multiple layers that would build up) (note 0028), and that thickness can be controlled (note 0020, 0014, claim 10, for example). Raybould discusses how cold sprayed material bonds to the surface being sprayed (note 0011).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify ‘669 to specifically provide that the impeller formed is a shrouded impeller for centrifugal compressors as suggested by Tozzi and Raybould with an expectation of forming a predictably acceptable impeller, since ‘669 indicates cold spraying a metallic coating to form a covered/shrouded impeller structure and Tozzi would indicate that similar such structures are shrouded impellers for centrifugal compressors and can have shrouds made with metallic material such as Ti alloys, Fe alloys, and Ni alloys, where the impeller is formed from a metallic base and comprising hub, blades having a first end coupled to the hub and the shroud coupled to a second end of the blades and to the hub by way of the hub, suggesting a format for providing the formed impeller, and Raybould indicates how such shroud materials can be cold sprayed as metallic materials, and further it would be suggested that multiple layer application can be used to build up the desired thickness when providing the cold spraying as suggested by Raybould, since a thickness would be needed to form the impeller shroud, and Raybould indicates that a desired thickness can be built up by spraying multiple layers by cold spraying, and ‘669 and Torzi would further indicate that when the impeller shroud formed, there will be an inner central end after which there will be no material (including no metallic material) deposed on the outer surface of the impeller.
(B) Furthermore, as to the blade formation used in the impeller, ‘669 shows the blade surfaces that would contact the shroud surface form a curve from the top to the bottom (figure 1), which could be described as a “swept” pattern.
‘194 describes an impeller used for a centrifugal pump which is provided in shrouded form (note 0001, 0021, figure 1), where it is described that the blades can be provided in “straight” form, which would give a straight line of the blade surface that would contact the shroud surface from the outer to inner edge of the shroud (note figure 1, 0008, 0021) as well as a “swept” or curved shape (figure 3, 0025).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify ‘669 in view of Tozzi and Raybould to provide the blades of the impeller in a form that would give surfaces of the blades contacting the shroud forming a straight line of the blade surface that would contact the shroud surface from the outer to inner edge of the shroud as suggested by ‘194 with an expectation of predictably acceptable use, since ‘699 shows blades with a curved/”swept” form, Tozzi notes similar use of shrouded impellers for compressor and pumps, and ‘104 indicates that a similar impeller form with blades and a shroud can use blades with the swept form, and also a straight form that gives blades contacting the shroud forming a straight line of the blade surface that would contact the shroud surface from the outer to inner edge of the shroud.
(C) As to the forming a shrouded impeller by cold spraying metallic material onto the impeller shroud to form sectors disposed circumferentially about the shroud, each sector corresponding to an arcuate portion of the shroud that is bounded on either side by an area extending radially straight from an outer edge to an inner edge of the shroud, where there is no metallic material from cold spraying present in the area (bounded area) so as to expose the outer surface of the impeller shroud,
Kim describes providing a shrouded impeller for centrifugal compressors (note figure 3, 0023), where it is indicated to provide a hub with blades having a first end coupled to the hub and an initial shroud coupled to a second end of the blades and the hub and the shroud having an outer surface (note figure 3, 0071-0078, note that for example, the bonding shrouds 100 can be considered the initial impeller shroud, formed integrally or separately welded/brazed on). Further, additional sector parts (shroud blade 200) are placed as sectors disposed circumferentially about the impeller shroud 100, each sector corresponding to an arcuate portion of the impeller shroud that is bounded on either side by an area extending from an outer edge to an inner edge of the shroud (note figure 3, 0081-0082). It is indicated that initially forming the system with the initial bonding shrouds 100, giving open parts/open impeller before shrouds blades 200 attached, allows for simple mechanical processing without complexity and inconvenience (note 0079), and it is indicated that when an entire separate shroud welded to blades, this may be easily damaged or broken (note 0016). It is indicated that the added shroud blades 200 can be of the same material as bonding shrouds 100, for example (note 0081, as an option), which bonding shrouds 100 can be the same material as the blades (note 0076, as an option).
Additionally, Woodard describes how shrouded impellers can be provided for centrifugal pumps (note 0001, 0019), where the impeller system can have an impeller body with blades (note 413) where a top impeller shroud is provided over the blades, and the shroud has an outer surface having a plurality of straight grooves, the grooves extending radially from an outer edge to an inner edge of the shroud, where the shroud has a plurality of sectors separated from one another (adjacent sector) by the straight grooves, where the thickness of the shroud material within the grooves is less than the thickness of metallic material found in any adjacent sector (see figures 21-24 with grooves 419, sectors 414, 0026, 0146-0151, with deformities, which would include the grooves indicating as giving desired hydrodynamic lift).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify ‘669 in view of Tossi, Raybould and ‘194 to provide that shroud 4 structure is provided by forming an impeller shroud by cold spraying metallic material onto an initial impeller shroud to form sectors disposed circumferentially about the shroud, each sector corresponding to an arcuate portion of the shroud that is bounded on either side by an area extending radially straight from an outer edge to an inner edge of the shroud, where there is no metallic material from cold spraying present in the area (bounded area) so as to expose the outer surface of the initial impeller shroud, where the forming includes depositing the cold spray sector layers of metallic material on an outer surface of the initial impeller shroud as suggested by Kim and Woodard to provide a desirable structure of an impeller shroud, where ‘669 provides a covering shroud that covers the entire area of the blades and would join the blades with the cold spraying material, and ‘194 would indicate how the blades can be provided in a form that would give surfaces of the blades contacting the shroud forming a straight line of the blade surface that would contact the shroud surface from the outer to inner edge of the shroud, and Raybould indicates how cold spraying applies layers of metallic material which bonds to the surface on which applied, where Kim would indicate that an initial impeller for shroud coverage can be provided with an initial shroud material attached or integral with the blades, and then sector coverage of shroud material attached to and between the initial shroud material, such that there would be an area extending radially from the outer edge to the inner edge of the impeller shroud of the initial shroud material attached to the blades, which when the blades used in the form desired by ‘194, would give each sector of shroud material corresponding to an arcuate portion of the shroud that is bonded on either side by an area extending radially straight from an outer edge to an inner edge of the shroud and there would be no material from the additional arcuate portion in the area of the initial shroud material, so the initial outer surface of the impeller shroud is exposed, and furthermore Woodard would suggest providing a grooved format of the shroud, whereby by using cold spraying described by ‘669 for the arcuate sector portions, and the exposed blades provided with the initial shroud structure (100) of Kim (with material 5 of ‘669 with surface 6 filling the areas between areas between the structures 100 to where the spray material needed to be applied for the arcuate sector shape, also giving an initial shroud surface on which the further arcuate sector material cold sprayed), then the cold spraying as described by ‘669 and Raybould would be provided in layers of metallic material in a desired thickness and be sprayed to apply and bond, at least at the edges, to the initial shroud structure (so as to contact and join the surfaces), but not over the central areas of the initial shroud structure to provide the grooves, so as to give the benefits of separate sector construction described by Kim and the grooves described by Woodard.
(D) As to depositing a plurality of layers of metallic material by cold spraying on the impeller shroud to form a plurality of layers of varying thickness (between first, second and third layer) to form sectors on the impeller, where the layers comprise a first layer disposed on the shroud outer surface, a second layer disposed on the first layer and third layer disposed on the second layer, where molecular weight of the metallic materials varies from the first layer to the third layer, and the second layer is selected from an alloy comprising Al, Fe, Ti or Ni (claim 9), and where the first and third layers are of different material from the impeller material of the impeller body (as in claim 14), and further that there would be a fourth layer deposited by cold spraying on top of the third layer and the layers of different material, and different from the impeller body material (as in claim 16),
Raybould describes how when cold spraying multiple/plurality of layers can be applied, such as a first layer that bonds well with the substrate, a second layer with better wear resistance than the first layer, and as well, layers can be provided with hard or soft particle concentration that is modified to have a hard or soft particle concentration gradient (which would give a gradual change, for example) (note 0020), where such hard/soft particles can be sprayed with the metal alloys to add wear resistance or sliding friction (note 0018), and generally notes that multiple layers can be applied with differing powder mixtures, density and strengths (0014), with at least one additional layer with a different composition applied to the initial coating by cold spraying (note claim 6), and notes how different alloy materials can have different effects (such as Ti alloy for erosion resistance and low density, Ni alloy for sliding wear resistance, Fe alloys for wear resistance, etc.) (note 0014-0016).
Additionally, Gerber notes how a shrouded impeller can be provided for centrifugal compressors (note 0002, 0020) and notes how the impeller can be made with layers of metal particles applied with the second layer on the first layer, third layer on the second layer, etc, and where the metals in the different layers can be the same or different, where different materials can be used to increase strength, etc., and where the layers can gradually change in material composition, properties, such as ductility, porosity, stiffness, hardness, wear resistance, erosion resistance, corrosion resistance, etc., such that there can be one or more layers on an external surface with greater wear resistance, erosion resistance, or corrosion resistance compared to internal layers, and layers can gradually increase or decrease the properties and as well, the layers can have different (variable) thicknesses (note figures 14, 15, 0035-0037).
Therefore, it further would have been obvious to one of ordinary skill in the art to modify ‘669 in view of Tozzi, Raybould, ‘194, Kim and Woodard to deposit at least three or more sequential additional layers of metallic material by cold spraying on the initial shroud (noting bonding shrouds 100 of Kim), where the layers are of different materials from the impeller body material and each other and have the different layers have different variable thicknesses as suggested by Gerber to provide a controlled protection, since ‘669 is applying metallic material layer by cold spraying to provide a shroud surface for an impeller, which would be used for the sector shroud material in the combination of references, and Gerber teaches that for similar impellers, layers of material can be built up with at least one or two or more additional layers applied sequentially on the initial first layer, and where the different layers can have different material composition and thicknesses and which can have layers giving gradual increase or decrease of a property (giving gradual variation from the impeller base material body to the last layer deposited), which allows further protection for different features, and Raybould indicates how when cold spraying, multiple layers can be applied of different metallic materials or with different amounts giving different features, and gradual change, and different features can include the composition or density, etc. Thus, it would have been obvious to optimize from various possible metallic materials that can be cold sprayed as described by Raybould to apply at least three or four additional layers (for claim 16) in each sector with different thicknesses (so different layers have different thickness) as claimed with differing material composition, including from the impeller body, where for example, it would have been obvious to optimize to provide that the first layer over the initial shroud would include Ni (or Fe) based materials (as in claim 15, 17), the second layer can comprise Ti alloys, for example, and the third layer differing Ti based materials (noting claims 14, 19) and a fourth layer of differing Ti based material (claim 16), as an obvious selection from optimizing specific materials for use, given that such materials are known materials for shrouds as indicated by Tozzi (note 0027-0028), and can be cold sprayed as indicated by Raybould with different properties and effects (note 0014-0016, 0018-0019). Furthermore, with the first layer Fe or Ni based material and the third layer contains Ti based material, the first layer metallic material can be considered as having a molecular weight varying from the third layer. Furthermore, as to the third layer comprising Mg (as in claim 23) , Co, or Mo (as in claim 24), as noted above, Raybould also notes how Co materials can be cold sprayed (note 0010), suggesting that Co would acceptably be a further material that can be sprayed and have desired coating features, that can be included with the Ti material, noting the adjustment of materials for desired coating results (in Gerber, for example). Furthermore as to Mg or Mo, since Ti alloys, for example, can be sprayed, and there is no limit as to the amount of Mg or Mo used with the Ti alloy/part of the Ti alloy, it would be expected that Mg or Mo can be used in at least small amounts in the Ti alloy with an expectation of predictably acceptable results (noting how Raybould can add materials to the alloy for cold spraying, note claims 1, 3-5), and where Raybould even allows for the use of a Mg containing material, which would give Mg in the coating material (note claim 5), and indicating how this material can help adjust properties (claim 5).
(E) As to the sectors being configured in a number that clears natural resonance frequencies from exciting frequencies of the impeller, as discussed above, the formed sectors to be cold sprayed would be between the blades (noting the initial bond shrouds 100 of Kim attached/integral to the blades and sector material attached to and between the initial bond shroud material, where ‘194 would suggest how the blades can be formed to give the surfaces of the blades contacting the shrouds form a straight line that would contact the shroud surface from the outer to inner edge of the shroud).
Swearingen describes how impellers/rotors can conventionally have a hub, blades, and shroud (note column 1, lines 5-15, column 3, lines 5-55, claim 1, figures 1-2). It is indicated that the impellers would have an excitation frequency based on the number of blades divided by rotational frequency (note column 1, lines 35-40). It is further described that the impeller/rotor can have would have a resonance frequency, and if the resonance frequency coincides with the excitation frequency, the resonance vibration in the rotor will be actuated and built up to an amplitude which will soon fatigue members of the rotor and cause failure (note column 1, lines 35-40). It is indicated that the resonance frequency can be present in connection to “natural” vibrations (so a natural resonance frequency) (note column 4, lines 40-50). The natural frequency can be adjusted for shroud vibrations by changing the number of blades, so providing more blades gives shortening of shroud sections and increased frequency (note column 2, lines 45-55), and note column 4, lines 35-40 indicating number of blades can affect the excitation frequency and also column 1, lines 35-40. It is also indicated that the frequency can be adjusted by thickening the shroud (note column 2, lines 45-55). It is desired to control the impeller design to control conditions such as number of blades so that the excitation frequency and resonant frequency differ (note column 4, lines 35-50).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify ‘669 in view of Tozzi, Raybould, ‘194, Kim, Woodard and Gerber to configure the sectors in a number that clears natural resonance frequency from exciting frequencies of the impeller as suggested by Swearingen to reduce failure, since ‘669 would provide an impeller with hub, blades and shroud, where the combined references above would suggest the shroud having sectors between blades and so number of sectors would be affected by the number of blades, for example, and ‘669 indicates that an impeller with hub, blades and shrouds would have natural resonance frequency and excitation frequency, where it is desired to not have these frequencies be the same (not coincide) so as to prevent fatigue and failure, and indicating to design the frequency of excitation of the impeller/rotor to be different than the natural resonance frequency (that is, clears the natural resonance frequency), where it is indicated that one way to adjust a frequency (such as excitation frequency) can be by adjusting the number of blades, and thus suggests to adjust the number of blades in the impeller to help provide the difference in frequencies, and by adjusting the number of blades, the number of sectors would also be adjusted.
Claim 19: as to a further third layer with Ti based alloys (so comprising Ti), for example, as discussed for claims 9, 14, etc. above, a third layer (outer layer) would be suggested, and these would have been an obvious selection from optimizing specific materials for use, given that such materials are known materials for shrouds as indicated by Tozzi (note 0027-0028), and can be cold sprayed as indicated by Raybould with different properties and effects (note 0014-0016, 0018-0019).
Claim 22: From the discussion of Tozzi as discussed for claim 9 above, it would have been obvious to use a Ti based alloy, such as Ti-6Al-4V, as a metallic material layer deposited with an expectation of predictably acceptable results, since ‘669 generally teaches using a metallic material to form the shroud layer, Tozzi indicates using Ti based alloys such as Ti-6Al-4V for the shroud material, and Raybould indicates how Ti based alloys can be cold sprayed. This could be used for the second layer.
Claim 25: as to the fourth layer including Ti, this would have been an obvious selection from optimizing specific materials for use, given that such materials are known materials for shrouds as indicated by Tozzi (note 0027-0028), and can be cold sprayed as indicated by Raybould with different properties and effects (note 0014-0016).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over ‘669 in view of Tozzi, Raybould, ‘194, Kim, Woodard, Gerber and Swearingen as applied to claims 9, 14-17, 19 and 22-25 above, and further in view of Jahnz et al (US 2009/0110556).
Claim 11, as to manufacturing the impeller using forging or casting, for example, before the forming of the outer surface with grooves, and pre-machining the impeller by turning and milling to pre-manufacture the structure of the impeller comprising blades and vanes, ‘669 indicates manufacturing the impeller body with machining of blades (note 0026).
Jahnz further describes making a shrouded impeller, including providing an open face impeller body with blades (note 0005), and describes how such bodies can be formed with casing or forging or machined from a blank (note 0015-0016), and also notes how when forming impellers, blanks can be provided by rough forging, and machining can be provided with turning and boring to an impeller profile and also milling to remove material (note 0004).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify ‘669 in view of Tozzi, Raybould, ‘194, Kim, Woodard, Gerber and Swearingen to manufacture the impeller with forging, for example, to form a blank, and then further turning and milling the blank to pre-machine the body to pre-manufacture the structure of the body, before applying the cold spraying for forming of the shroud with grooves as suggested by Jahnz, since ‘669 indicates the manufacturing of the body with blades using machining, and Jahnz would indicate how to form impeller bodies it would be known to rough forge a blank, then machine with turning and boring and also milling to form the structure (so pre-machined/pre-manufactured), and further it would be indicated to make blades, and as to also making vanes, this would have been as suggested by Tozzi, which further indicates how vanes are also conventionally provided for the impeller between blades (note figure 4, 0003, 0049), and this would be done before the cold spraying/forming grooves since as shown by ‘669 the cold spraying is applied on the formed body.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over ‘669 in view of Tozzi, Raybould, ‘194, Kim, Woodard, Gerber and Swearingen as applied to claims 9, 14-17, 19 and 22-25 above, and further in view of Park et al (US 2021/0254482).
Claim 12, as to the plurality of layers of metallic material comprising Al based alloys,
Park further describes how shrouds for impellers can be made from Al alloys, note 0070, 0073, 0016), where various different aluminum alloys can be used, with where it is noted that different aluminum alloys can have different alloys with different features such as corrosion resistance, strength, etc. (note 0073-0075). Raybould describes how aluminum alloys can also be cold sprayed (note 0019).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify ‘669 in view of Tozzi, Raybould, ‘194, Kim, Woodard, Gerber and Swearingen to have aluminum alloys as shroud material to be cold sprayed as the layers (including the first, second and third layer) as suggested by Park with an expectation of predictably acceptable results, since ‘669 indicates the shroud can be metallic material, and Park indicates using aluminum alloys for shroud material, where Raybould indicates aluminum alloys can be cold sprayed, where such shroud material, by optimization of materials to use as discussed for claim 9 above would be predictably and acceptably provided as layer material, for the first, second and third layers, where as shown by Park different aluminum alloys can have different desirable properties, and by selecting different aluminum alloys the different desirable properties can be provided for the shroud, where Gerber indicates that different properties can be provided for different layers to provide a desirable shroud.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over ‘669 in view of Tozzi, Raybould, ‘194, Kim, Woodard, Gerber, Swearingen and Park as applied to claim 12 above, and further in view of Bergman et al (US 2015/0268007).
Claim 13: As to the specific alloy used for the second layer, Park notes using an A7075 aluminum alloy for the shroud, but also generally teaches aluminum alloys (note 0070, 0073).
Bergman notes that AL7075 and AL2024 and AL6061 would be similar high strength aluminum alloys (note 0017).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify ‘669 in view of Tozzi, Raybould, ‘194, Kim, Woodard, Gerber, Swearingen and Park to have aluminum alloys such as AL 2024 or AL6061 for example, as shroud material for the second layer to be cold sprayed as suggested by Bergman with an expectation of predictably acceptable results, since Park indicates using aluminum alloys such as an A7075 (AL7075) and Bergman indicates that AL 7075, AL 6061 and AL2024 are all similarly known high strength aluminum alloys, and thus it would have been obvious to exchange one for another with an expectation of predictably acceptable results, where when optimizing the layer material for the different layers, when using aluminum alloys, using AL2024 or AL6061 would give a desirable high strength property to provide.
Response to Arguments
Applicant's arguments filed October 29, 2025 have been fully considered.
(A) Note the adjustment to the rejections due to the amendments to the claims, with the new reference to Swearingen used.
(B) As to the 35 USC 112 rejections, it is argued that the claims are amended to remedy any deficiency. However, note that the rejection to claims 16 (and claims dependent from claim 16) is maintained as the removal of “body” as in claim 14 was not provided for claim 16.
(C) Applicant argues that the previous combination of references does not provide the claimed sectors are configured in a number that clears natural resonance frequency from exciting frequencies of the impeller as now claimed.
The Examiner notes these arguments and the new rejection combination above is provided with the addition of Swearingen as to the suggestion of this feature. Therefore, the rejections above are maintained.
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 KATHERINE A BAREFORD whose telephone number is (571)272-1413. The examiner can normally be reached M-Th 6:00 am -3:30 pm, 2nd F 6:00 am -2:30 pm.
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, GORDON BALDWIN can be reached at 571-272-5166. 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.
/KATHERINE A BAREFORD/Primary Examiner, Art Unit 1718