Office Action Predictor
Last updated: April 17, 2026
Application No. 17/108,657

SLURRY-BASED METHODS FOR ENVIRONMENTAL BARRIER COATING REPAIR AND ARTICLES FORMED BY THE METHODS

Final Rejection §103
Filed
Dec 01, 2020
Examiner
BEHRENS JR., ANDRES E
Art Unit
1741
Tech Center
1700 — Chemical & Materials Engineering
Assignee
General Electric Company
OA Round
4 (Final)
54%
Grant Probability
Moderate
5-6
OA Rounds
3y 3m
To Grant
72%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allow Rate
145 granted / 271 resolved
-11.5% vs TC avg
Strong +18% interview lift
Without
With
+18.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
70 currently pending
Career history
341
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
60.0%
+20.0% vs TC avg
§102
14.1%
-25.9% vs TC avg
§112
22.9%
-17.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 271 resolved cases

Office Action

§103
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 . Response to Arguments Applicant's arguments and remarks filed (7 – 30 – 2025) have been fully considered but they are not persuasiveApplicant argues… Saha / Saha II does not teach the newly amended feature(s) of wherein the patch material comprises, prior to introduction of the patch material into the fluid carrier: a plurality of sintering aid particles that has a median particle size less than 1 µm and wherein the boron-containing sintering aid is included in an amount of from 0.2 weight % to about 8 weight % of the silicate-containing powder Applicant further argues that none of the other applied references make up for the deficiency of Saha / Saha as modified. This is not found to be persuasive because… Saha discloses on ([0014]) that the patching material includes a plurality of nanoparticles having a median particle size less than 100 nanometers. The plurality of nanoparticles aids in initiation of sintering at temperatures that is lower than normally known for silicon-based components. As such, the nanoparticles are understood to provide for sintering aids. Additionally, Saha on ([0042]) teaches on (Table 1) an example with various components include are the nanoparticle sintering aid (1.05) and the remaining silicate-containing powder particles (1.78 + 4.50 + 4.91 + 8.58) which provides for (1.05) / (1.78 + 4.50 + 4.91 + 8.58)) = .05311 * 100 = 5.31 % which is understood to fall within the range provided by applicant. Furthermore, Saha II teaches ([0033]) that the bond coat patching material includes the bond coat sintering aid in an amount from about 0.5 weight % to about 4.5 weight % of the bond coat patching material. Which is found to overlap with applicant’s range. Saha II adding an example on ([0079]) Boron Powder Sintering Aid at 1.5 wt %Polyvinyl Pyrrolidone Binder at 6 wtSilicon powders at 92.5 wt % As such, for a 100 g sample provides for the following: 1.5 g / 92.5 g = 0.0162 * 100 = 1.62 % by weight of sintering aid relative to the silicate containing powder. This is unpersuasive because as explained above there was not found to be deficiency in Saha / Saha as modified. 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. A.) Claim(s) 1, 4 – 5, 7 – 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saha et al. (US 20190077692 A1, hereinafter Saha) in view of Saha et al. (WO 2018128676 A1, translation provided by US 20190375689 A1, hereinafter Saha II).Regarding claim(s) 1 and 4 – 5 & 7 – 8 as applied to claim 1 respectively, A method comprising: applying a patch slurry onto an environmental barrier coating layer on a silicon-based substrate, a silica layer on a silicon-based substrate, a silicon layer on a silicon-based substrate, a silicon-based substrate, or combinations thereof, wherein the patch slurry comprises a patch material in a fluid carrier, wherein the patch material comprises, prior to introduction of the patch material into the fluid carrier: a silicate-containing powder, a binder, 0.05 weight % to 0.7 weight % of a viscosity modifier, wherein the viscosity modifier comprises one or more of polyethylene glycol, dimethylsiloxane, silicone oil, phthalates, adipates, glycerin, or combinations thereof, and a plurality of sintering aid particles comprising a boron-containing sintering aid, wherein the boron-containing sintering aid comprises elemental boron, unoxidized boron in a boron alloy or compound, or a combination thereof, and wherein the plurality of sintering aid particles has a median particle size less than 1 µm, and wherein the boron-containing sintering aid is included in an amount of from 0.2 weight % to about 8 weight % of the silicate-containing powder; drying the patch slurry to form a dried patch material; and sintering the dried patch material in an oxidizing atmosphere to form a sintered patch. Wherein the patch slurry forms a silica-rich or borosilicate-rich glass during sintering. Wherein the viscosity modifier comprises polyethylene glycol Wherein the boron- containing sintering aid comprises elemental boron. Wherein the boron- containing sintering aid comprises unoxidized boron in a boron alloy or compound. Saha teaches the following: & 4a.) (Claim 1) teaches (a) applying a patch comprising a patching material on a damaged area of a silicon-based component. Where the silicon-based component acts as applicant’s silicon-based substrate. ([0016]) teaches a bond coat 16 is a chemical barrier preventing oxidation of the substrate 14, generally by forming a protective thermally grown silicon oxide 18 during service. In some embodiments, the bond coat 16 includes elemental silicon, a silicon alloy, a metal silicide, or combinations thereof. ([0030]) teaches that the relative amounts of patching material and the fluid carrier in the slurry may affect the consistency and viscosity of the slurry as well as the porosity, adhesion and/or strength of the dried patch and the resulting patch repaired portion ([0014]) teaches that the patching material includes a plurality of nanoparticles having a median particle size less than 100 nanometers. The plurality of nanoparticles includes at least one of silicon, a silicon alloy, silica, or a metal silicate. Thus, the plurality of nanoparticles may include silicon, a silicon alloy, silica, a metal silicate, or any combinations thereof. ([0034]) teaches a general process for preparing the slurry includes mixing the silicon-based powder, the binder, and the sintering aid, if present, with the fluid carrier. ([0032]) adds that the binder in the patching material facilitates application of the slurry to the damaged area, promotes adhesion of the slurry to the damaged area and/or improves the green strength of the slurry after drying. , i.), 7a.) & 8a.) ([0033]) teaches that various compositions and amounts of sintering aids may be used to promote strengthening and/or densification of the patch. ([0014]) teaches that the silicon may be a silicon alloy that includes a silicon boron alloy. An example of silicon boron alloy that may be included in the patching material in the form of plurality of nanoparticles is Si-5B. As such, a boron alloy or compound is understood to be disclosed. With ([0033]) Further noting that non-limiting examples of metal sintering aids include iron, aluminum, boron, nickel, or any combinations thereof, as such elemental boron is understood to be disclosed. ([0014]) teaches that the patching material includes a plurality of nanoparticles having a median particle size less than 100 nanometers. The plurality of nanoparticles aids in initiation of sintering at temperatures that is lower than normally known for silicon-based components. As such, the nanoparticles are understood to provide for sintering aids. ([0026]) expands this teaching stating that along with the presence of a plurality of nanoparticles having size less than 100 nanometers, the patching material further includes a plurality of small particles with median particle size in a range from 0.7 micron to less than 5 microns. ([0023]) teaches that the strength and density of the dried patch may depend on one or more of the relative amount of ceramic powder in the patching material, particle size distribution of the powder, and the processing methods used for disposing the patch, among other aspects. ([0034]) teaches dispersants may be used to prevent agglomeration of particles of the silicon-based powders and/or sintering aids, if the latter are used. As such, due to the use of dispersants on the sintering aids to prevent agglomeration, the sintering aid is understood to be ceramics in powder form. Adding, that the boron alloy is also understood to comprise a portion of the main ceramic powder itself. ([0042]) teaches in (Table 1) an example with various components include are the nanoparticle sintering aid (1.05) and the remaining silicate-containing powder particles (1.78 + 4.50 + 4.91 + 8.58) which provides for (1.05) / (1.78 + 4.50 + 4.91 + 8.58)) = .05311 * 100 = 5.31 % which is understood to fall within the range provided by applicant. & m.) ([0038]) teaches that an example method of forming a patch repaired silicon-based component 40 includes applying a slurry on a damaged area of a damaged silicon-based component 30, drying the slurry to form a dried patch, and sintering the dried patch in situ to form a patch repaired silicon-based component. Regarding Claim(s) 1 & 5, Saha also teaches on ([0032]) that the binder can comprise a silicon-based resin material such as a cross-linked polyorganosiloxane resin. Saha is silent on the composition comprising a viscosity modifier and optimizing the amount of sintering aid. In analogous art for forming a sintered bond coat (64) on a silicon-based substrate, Saha II suggest details regarding implementing a viscosity modifier in the composition and optimizing the amount of sintering aid, and in this regard Saha II teaches the following: ([0033]) teaches that the bond coat patching material includes the bond coat binder in an amount from about 2.5 weight % to about 8 weight % of the bond coat patching material. With ([0027]) teaching that the binder can be a combination of several components. Amongst those possible binders is polyethylene glycol (PEG). As such, due to the instant application requiring a binder and a viscosity modifier, the instant application system is understood to be equivalent to a binary binder system of Saha II. Where the amount of each binder component in a binary binder system, i.e., applicant’s binder and a viscosity modifier, (keeping the same significant digits) is understood to be from 0.1 to 2.4 weight % of the patching material. Where a viscosity modifier ranging from 0.1 to 2.4 weight % is understood to overlap with that of the instant application. Highlighting, ([0032]) adds that relative amounts of bond coat patching material and the bond coat fluid carrier in the bond coat slurry may affect the consistency and viscosity of the bond coat slurry, as well as the porosity, adhesion and/or strength of the dried bond coat and the sintered bond coat. ([0032]) adding that the bond coat patching material in the bond coat slurry may represent the volume percentage of (a) the silicon-based powder, the bond coat binder and the bond coat sintering aid; (c) the silicon-based powder and the bond coat binder. As such, the volume percentage of binder is understood to impact the consistency and viscosity of the bond coat slurry, and the porosity, adhesion and/or strength of the dried bond coat and the sintered bond coat. & 5a.) ([0027]) teaches that non-limiting examples of the bond coat binder include glycerol, polyethylene glycol (PEG), and a few phthalates amongst others. ([0033]) teaches that the bond coat patching material includes the bond coat sintering aid in an amount from about 0.5 weight % to about 4.5 weight % of the bond coat patching material. Which is found to overlap with applicant’s range. ([0079]) teaches that a silicon powders having a median particle size of less than 100 nanometers (small particles) were used as the silicon-based bond coat powder. Polyvinyl Pyrrolidone (PVP40) and boron powder having particle size less than 1 micron were used as binder and sintering aid, respectively. Patching material consisting of Si powder with 6 wt % PVP40 binder and 1.5 wt % boron sintering aid was prepared by mixing in an agate mortar and pestle. A 15 gram batch of slurry was made by mixing the above-mentioned bond coat patching material in pentanone fluid carrier, such that the patching material was 52 volume % of the slurry. As such, the composition comprisesBoron Powder Sintering Aid at 1.5 wt %Polyvinyl Pyrrolidone Binder at 6 wtSilicon powders at 92.5 wt % As such, for a 100 g sample provides for the following: 1.5 g / 92.5 g = 0.0162 * 100 = 1.62 % by weight of sintering aid relative to the silicate containing powder. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the production method and apparatus for forming a patch repair on a silicon-based component is disclosed. Including applying a patch on a damaged area of a silicon-based component, drying the patch to form a dried patch, and sintering in situ the dried patch to form a patch repaired portion of the silicon-based component of Saha. By modifying the binder system to comprise a binary binder system in which one of the binders is an optimized amount of glycerol, polyethylene glycol (PEG), and a few phthalates amongst others and modifying the sintering aid to comprise an optimized amount, as taught by Saha II. Highlighting, implementation of a multiple binders in optimized amounts provides for tailoring the consistency and viscosity of the bond coat slurry, and modify the porosity, adhesion and/or strength of the dried bond coat and the sintered bond coat, ([0032] – [0033]). Additionally, optimization of various slurry characteristics and/or processing methods including relative amount of the bond coat patching material and the bond coat fluid carrier in the bond coat slurry, particle size distribution of the bond coat patching material, the type of bond coat binder, the amount of the bond coat binder, the type of bond coat sintering aids, the amount of the bond coat sintering aids, or any combination thereof provides for tailoring the strength, density, degree of oxidation, and hermeticity of a sintered bond coat, ([0031]). Accordingly, the case law for result effective variables may be recited. Where, it is well settled that determination of optimum values of cause effective variables such as these process parameters is within the skill of one practicing in the art. In re Boesch, 205 USPQ 215 (CCPA 1980). In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977), MPEP 2143 II (B). Regarding claim 2 as applied to claim 1, Wherein the silicate-containing powder comprises at least one of a rare earth monosilicate (RE2SiOs), a rare earth disilicate (RE2Si2O7), silica (SiO2), or combinations thereof. Saha teaches the following: ([0018]) teaches that the EBC 20 may include one or more rare earth (RE) silicates. As used herein, “a RE silicate” refers to a silicate of one or more RE elements. In some embodiments, the silicate of the RE element may include, but is not limited to, a RE monosilicate (RE2SiO5), a RE disilicate (RE2Si2O7), or a combination of RE2SiO5 and RE2Si2O7. In some embodiments, the RE element in the RE silicate may be chosen from yttrium, scandium, and elements of the lanthanide series. By way of example, the RE elements may include yttrium, ytterbium, or lutetium. Regarding claim 10 as applied to claim 1, Wherein the boron-containing sintering aid comprises from about 0.4 weight% to about 2.0 weight% of the silicate-containing powder. Regarding Claim 10, Saha is silent on the composition comprising an optimized amount of boron-containing sintering aid. In analogous art as applied above, Saha II suggest details optimizing the amount of sintering aid, and in this regard Saha II teaches the following: ([0033]) teaches that the bond coat patching material includes the bond coat sintering aid in an amount from about 0.5 weight % to about 4.5 weight % of the bond coat patching material. Which is found to overlap with applicant’s range. ([0079]) teaches that a silicon powders having a median particle size of less than 100 nanometers (small particles) were used as the silicon-based bond coat powder. Polyvinyl Pyrrolidone (PVP40) and boron powder having particle size less than 1 micron were used as binder and sintering aid, respectively. Patching material consisting of Si powder with 6 wt % PVP40 binder and 1.5 wt % boron sintering aid was prepared by mixing in an agate mortar and pestle. A 15 gram batch of slurry was made by mixing the above-mentioned bond coat patching material in pentanone fluid carrier, such that the patching material was 52 volume % of the slurry. As such, the composition comprisesBoron Powder Sintering Aid at 1.5 wt %Polyvinyl Pyrrolidone Binder at 6 wtSilicon powders at 92.5 wt % As such, for a 100 g sample provides for the following: 1.5 g / 92.5 g = 0.0162 * 100 = 1.62 % by weight of sintering aid relative to the silicate containing powder. The same rejection rationale, case law(s) and analysis that was used previously for claim 1, can be applied here and should be referred to for this claim as well.Regarding claim 11 as applied to claim 1, Wherein the patch slurry comprises from about 50 volume % to about 75 volume % of patch material. Saha teaches the following: ([0030]) teaches that relative amounts of patching material and the fluid carrier in the slurry may affect the consistency and viscosity of the slurry as well as the porosity, adhesion and/or strength of the dried patch and the resulting patch repaired portion. In some embodiments, the slurry includes the patching material in an amount from about 30 volume percent to about 70 volume percent of the slurry. Regarding claim 12 as applied to claim 1, Wherein the silicate-containing powder further comprises silicon, a silicon alloy, or a combination thereof. Saha teaches the following: ([0005]) teaches that the plurality of nanoparticles includes at least one of silicon, a silicon alloy, silica, or a metal silicate. ([0014]) teaches the silicon may be in its elemental form. In some embodiments, silicon alloy includes silicon boron alloy Regarding claim 13 as applied to claim 1, Wherein the patch slurry comprises the binder in an amount from about 2.0 weight % to about 9 weight % of the silicate-containing powder. Saha teaches the following: ([0035]) teaches that the patching material includes the binder in an amount from about 2.5 weight % to about 8 weight % of the patching material. Regarding claim 14 as applied to claim 1, Wherein the binder comprises a silicone-based material. Saha teaches the following: ([0032]) teaches that the binder may be an inorganic binder or an organic binder. In some embodiments, the binder may be a silicon-based resin material such as a cross-linked polyorganosiloxane resin. In some embodiments, the cross-linked polyorganosiloxane resin is a silicone resin. For example, the silicone resin may include phenyl and methyl silsesquioxanes and methyl siloxanes. Regarding claim(s) 15 – 16 as applied to claim 1 & 15 respectively, Wherein the silicate-containing powder comprises a plurality of particles having a multimodal distribution. Wherein the silicate-containing powder further comprises: a plurality of small particles having a median particle size of less than 1 micron, a plurality of medium particles having a median particle size of about 1 micron to about 8 microns; and a plurality of large particles having a median particle size of greater than 8 microns, wherein the plurality of small particles is present in an amount of about 10 volume % to about 50 volume % of a total volume of silicate, the plurality of medium particles is present in an amount of about 10 volume % to about 50 volume % of the total volume of silicate, and the plurality of large particles is present in an amount of about 20 volume % to about 60 volume % of the total volume of silicate. Saha teaches the following: & 16a.) (Claim 5) teaches that the patching material further comprises a plurality of small particles with median particle size in a range from 0.7 micron to less than 5 microns; (Claim 5) a plurality of medium particles with median particle size in a range from 5 microns to 10 microns; and (Claim 5) a plurality of large particles with median particle size greater than 10 microns. (Claim 6) teaches that the plurality of small particles is present in an amount in a range from about 15 volume percent to about 35 volume percent, (Claim 6) teaches that the plurality of medium particles is present in an amount in a range from about 15 volume percent to about 35 volume percent, (Claim 6) teaches that the plurality of large particles is present in an amount in a range from about 40 volume percent to about 65 volume percent of the patching material. Regarding claim 18 as applied to claim 1, Wherein the oxidizing atmosphere comprises air or a combustion gas. Saha teaches the following: ([0039]) teaches that sintering can be performed in an atmosphere containing air. In some embodiments, the atmosphere during sintering includes combustion gases. Regarding claim 19 as applied to claim 1, Wherein the sintering of the dried patch material is carried out during operation of a component comprising the silicon-based substrate. Saha teaches the following: ([0039]) teaches that for example, the applied patch may be dried at ambient temperature before or during high temperature operation of component 10 and subsequently sintered during the high temperature operation of the component 10. For example, during operation of the turbine, the surrounding temperature is sufficiently high to sinter the dried patch. In some embodiments, the sintering includes heating a portion of the component 10 having the dried patch to an operating temperature of at least 1000 °C. Regarding claim 20 as applied to claim 1, After drying and before sintering, removing the binder by heating the dried patch material to a temperature less than 800 °C in an oxidizing atmosphere. Saha teaches the following: ([0021]) teaches to execute an in-situ repair of a damaged area, it is desirable to maintain patch strength during exposure to an intermediate temperature range where the binder is already decomposed while the oxide particles have not begun to sinter. ([0023]) teaches temperatures that approach or overlap the binder burn out temperature of the dried patch. In some embodiments, the binder burnout happens in a range from 300° C. to 700° C. and an onset temperature of sintering is in a range from 500° C. to 1000° C. ([0039]) teaches that sintering can be performed in an atmosphere containing air. In some embodiments, the atmosphere during sintering includes combustion gases. Accordingly, removing the binder followed by sintering is understood to be disclosed. Highlighting, while no perceived discrepancies exist regarding the binder burnout or its temperature, the case law for sequential vs simultaneous steps may be recited, see Ex parte Rubin, 128 USPQ 440 (Bd. Pat. App. 1959). Regarding claim 21 as applied to claim 1, Wherein sintering is accomplished by heating the dried patch material at a rate from about 1 °C/min to about 500 °C/min to a temperature in a range from 1150 °C to 1400 °C and holding at that temperature for up to about 48 hours. Saha teaches the following: & b.) ([0039]) teaches that the sintering includes heat-treating at least a portion of the dried patch at a temperature between about 1000° C. and about 1400° C. Rate of heating of the portion of the dried patch by the operation of the engine may be greater than 3000° C./min. Highlighting, that as defined by the instant application, “about” may not be limited to the precise value specified, and may include values that differ from the specified value. Where no upper or lower limit on the differing is specified in comparison to the precise value specified. As such, 3000° C./min is understood to fall within the definition as defined by the application’s instant specifications. Highlighting, that a heating to 1400 °C at a rate of 3000° C./min leads to a time of ~ 28 secs. B.) Claim(s) 3, is/are rejected under 35 U.S.C. 103 as being unpatentable over Saha in view of Saha II and in further view of Wikipedia’s Article on Transition Metals (Transition Metals, 2020, hereinafter WOTM) Regarding claim 3 as applied to claim 1, Wherein the silicate-containing powder further comprises at least one of zirconium silicate (ZrSiO4), a hafnium silicate (HfSiO4), an aluminum silicate (Al6Si2O13), or combinations thereof. Saha teaches the following: ([0014]) teaches that the plurality of nanoparticles includes at least one of silicon, a silicon alloy, silica, or a metal silicate. ([0014]) adding that the metal silicate may include alkali metals, alkaline earth metals, transition metals, rare earth metals, or any combinations thereof. Highlighting evidence from WOTM which gives a list of the transition metals, amongst this list is both Hafnia and Zirconia. PNG media_image1.png 223 502 media_image1.png Greyscale It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the production method and apparatus for forming a patch repair on a silicon-based component is disclosed. Including applying a patch on a damaged area of a silicon-based component, drying the patch to form a dried patch, and sintering in situ the dried patch to form a patch repaired portion of the silicon-based component of Saha. By modifying the plurality of nanoparticles that includes a transition metal silicate to include specifically a transition metal of zirconium or hafnium, as taught by WOTM. Due to the fact it would amount to nothing more than a use of a known type of metal, for its intended use, in a known environment, to accomplish entirely expected result, as suggested by WOTM. Highlighting, that choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success, i.e. the transition metal (silicates) and /or the simple substitution of one known element for another to obtain predictable results allows for the recitation of KSR case law. Where, "A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense." KSR int'l Co. v. Teleflex Inc., 127 S. Ct. 1727, 82 USPQ2d 1385 (2007). C.) Claim(s) 17, is/are rejected under 35 U.S.C. 103 as being unpatentable over Saha in view of Saha II and in further view of Almomani et al. (Effect of Sintering Time on the Density, Porosity Content and Microstructure of Silicon Carbide, 2014, hereinafter Almomani) Regarding claim 17 as applied to claim 1, Wherein the sintering the dried patch material comprises heating the dried patch material to a temperature between about 1000 °C and about 1400 °C for at least 1 minute. Saha teaches the following: ([0039]) teaches that in some embodiments, the sintering includes heat-treating at least a portion of the dried patch at a temperature between about 1000° C. and about 1400° C. by the operation of the turbine. Rate of heating of the portion of the dried patch by the operation of the engine may be greater than 3000° C./min. Highlighting, that a heating to 1400 °C at a rate of 3000° C./min leads to a time of ~ 28 secs. Regarding Claim 17, Saha as modified teaches the above detailed. Highlighting, that Saha notes that the slurry characteristics can be varied by varying relative amount of the patching material and the fluid carrier, particle size distribution of the patching material, type and amount of binder and amount of sintering aids (if present), or any combination thereof, ([0029]). Saha as modified is silent on sintering for at least 1 minute. In analogous art for the sintering of SiC, Almomani suggest details and a discussion regarding the impact and optimization of various sintering conditions, including the sintering time, and in this regard Almomani teaches the following: (Abstract) teaches that sintering time provides for tailoring and controlling the composite density and porosity, and grain size. Highlighting, that (Table 2) shows the impact of sintering time on the sintered density, this is also seen in (Fig. 1). With (Fig. 2) providing a graph that shows the relationship and impact of sintering time on the apparent porosity of the sintered article. Accordingly, the sintered density if found to go up with more sintering time. While the apparent porosity is seen to decrease as a function of the sintering time, i.e., more time less porosity.(Introduction,¶2) teaches that as the researchers recognized that controlling the sintering conditions results in products with controlled properties, several studies that cover a wide range of engineering materials were conducted to examine the effect of sintering conditions on the properties of a product. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the production method and apparatus for forming a patch repair on a silicon-based component is disclosed. Including applying a patch on a damaged area of a silicon-based component, drying the patch to form a dried patch, and sintering in situ the dried patch to form a patch repaired portion of the silicon-based component of Saha as modified. By further augmenting the process by altering the sintering time to be at least 1 minute, as taught by Almomani. Highlighting, that optimizing the sintering time provides for tailoring and controlling the composite density and porosity, and grain size, (Abstract, Table 2 & Figs 1-2.) D.) Claim(s) 21, is/are rejected under 35 U.S.C. 103 as being unpatentable over Saha in view of Saha II and in further view of Ray et al. (Effect of Additive on Activation Energy…, 2008, hereinafter Ray)Regarding claim 21 as applied to claim 1, Wherein sintering is accomplished by heating the dried patch material at a rate from about 1 °C/min to about 500 °C/min to a temperature in a range from 1150 °C to 1400 °C and holding at that temperature for up to about 48 hours. Saha teaches the following: ([0039]) teaches that the sintering includes heat-treating at least a portion of the dried patch at a temperature between about 1000° C. and about 1400° C. Rate of heating of the portion of the dried patch by the operation of the engine may be greater than 3000° C./min. Highlighting, that a heating to 1400 °C at a rate of 3000° C./min leads to a time of ~ 28 secs. Regarding Claim 21, Saha teaches the above detailed. Saha is silent on the heating rate for sintering being from about 1 °C/min to about 500°C/min. In analogous art for the sintering of SiC, Ray suggest details and a discussion regarding the impact and heating rate of various properties of the ceramic article fabricated, and in this regard Ray teaches the following: (Fig. 1) shows the densification of three materials from the activation energy study as a function of temperature at the 2.5 and 20 °C/min ramp rates. As shown the ramp rate has an impact on the density during sintering process, namely at 1200 °C, there is a significant difference in the density between the 2.5 and 20 °C/min samples, SiC-B-C. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the production method and apparatus for forming a patch repair on a silicon-based component is disclosed. Including applying a patch on a damaged area of a silicon-based component, drying the patch to form a dried patch, and sintering in situ the dried patch to form a patch repaired portion of the silicon-based component of Saha. By modifying process by augmenting the sintering process to utilize an optimized heating rate, as taught by Ray. Highlighting, implementation of an optimized heating rate for sintering provides a means for tailoring the density of the ceramic during sintering, (Fig. 1). Accordingly, due to the impact that the sintering heating rate has on the density during sintering. The case law for result effective variables may be recited. Where, it is well settled that determination of optimum values of cause effective variables such as these process parameters is within the skill of one practicing in the art. In re Boesch, 205 USPQ 215 (CCPA 1980). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Roberts et al. (US 20150175486 A1) – teaches in the (Abstract) an environmentally resistant patch includes one or more rare earth silicates, wherein an inorganic composition of the environmentally resistant patch includes, once cured, from about 80 mole percent to about 100 mole percent of a rare earth monosilicate and/or rare earth disilicate composition and from about 0 mole percent to about 20 mole percent of an inorganic additive, and, wherein the environmentally resistant patch has, once cured, an adhesive strength of at least about 3 MPa. Woo et al. (US 20050048291 A1) – teaches in the (Abstract) A curable epoxy formulation is provided in the present invention. The formulation comprises an epoxy monomer, an organofunctionalized colloidal silica having a particle size in a range between about 2 nanometers and about 20 nanometers, and optional reagents wherein the organofunctionalized colloidal silica substantially increases the glass transition temperature of the epoxy formulation. Philip et al. (US 20050235493 A1) – teaches in the (Abstract) A method for in-frame repairing of a thermal barrier coating (12) on a gas turbine component includes cleaning a desired surface portion (10) of the component without removing the component from the gas turbine. The method also includes roughening the surface portion in-frame, applying a bond coat (68) to the surface portion in-frame, and applying a ceramic topcoat (70) to the bond coat, in-frame. 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 extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrés E. Behrens Jr. whose telephone number is (571)-272-9096. The examiner can normally be reached on Monday - Friday 7:30 AM-5:30 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, Alison Hindenlang can be reached on (571)-270-7001. 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. /Andrés E. Behrens Jr./Examiner, Art Unit 1741 /ALISON L HINDENLANG/Supervisory Patent Examiner, Art Unit 1741
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Prosecution Timeline

Dec 01, 2020
Application Filed
Jul 31, 2023
Non-Final Rejection — §103
Nov 09, 2023
Response Filed
Jan 31, 2024
Final Rejection — §103
Feb 29, 2024
Response after Non-Final Action
Mar 05, 2024
Examiner Interview (Telephonic)
Mar 05, 2024
Response after Non-Final Action
Aug 13, 2024
Request for Continued Examination
Aug 14, 2024
Response after Non-Final Action
May 04, 2025
Non-Final Rejection — §103
Jul 30, 2025
Applicant Interview (Telephonic)
Jul 30, 2025
Response Filed
Jul 31, 2025
Examiner Interview Summary
Aug 04, 2025
Final Rejection — §103
Apr 08, 2026
Response after Non-Final Action

Precedent Cases

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

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Prosecution Projections

5-6
Expected OA Rounds
54%
Grant Probability
72%
With Interview (+18.3%)
3y 3m
Median Time to Grant
High
PTA Risk
Based on 271 resolved cases by this examiner. Grant probability derived from career allow rate.

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