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 .
In view of the Appeal Brief filed on 05/11/2026, PROSECUTION IS HEREBY REOPENED. A new ground of rejection is set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/STEVEN W CRABB/Supervisory Patent Examiner, Art Unit 3761
Examiner’s Note: Examiner proposed an Examiner’s amendment to Attorney Rong Liu during a video conference on 08/04/2026. However, no agreement was reached.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“radiation unit configured to emit electromagnetic radiation in a directed manner onto a workpiece surface of a workpiece along a beam axis extending in a beam direction” in claim 1 (lines 2-3). This limitation uses generic placeholder “unit” (Prong A); the term “unit” is modified by functional language “configured to emit electromagnetic radiation in a directed manner onto a workpiece surface of a workpiece along a beam axis extending in a beam direction” (Prong B); and the term “unit” is not modified by sufficient structures, materials or acts for performing the claimed function (Prong C). Therefore, this limitation invokes 35 U.S.C. 112(f). For examination purposes, the limitation “radiation unit” will be interpreted as “laser” and equivalents, as indicated by Specification Par.0017: “The radiation unit, in particular laser unit, is configured to direct electromagnetic radiation, in particular a laser beam, onto a workpiece along a beam axis extending in a beam direction”.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 12-16 and 18 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 12 recites the limitation “the plurality of second powder jets is focused directly from the plurality of first powder-outlet openings toward a second material focal zone” in lines 15-16. It is unclear what is meant by this limitation because it is unclear how the plurality of second powder jets is focused directly from the plurality of first powder-outlet openings. Specifically, claim 12 recites “the plurality of second powder jets is discharged from a plurality of second powder-outlet openings” previously in lines 11-12; therefore, the plurality of second powder jets is supposed to be focused directly from the plurality of second powder-outlet openings, not the first powder-outlet openings. Thus, it is unclear how the plurality of second powder jets is focused directly from the plurality of first powder-outlet openings as required by claim 12 (lines 15-16). For examination purposes, the limitation “the plurality of second powder jets is focused directly from the plurality of first powder-outlet openings toward a second material focal zone” as recited in claim 12 (lines 15-16) will be interpreted as “the plurality of second powder jets is focused directly from the plurality of [[first]] second powder-outlet openings toward a second material focal zone”.
Claim 13-16 and 18 are rejected by virtue of their dependence on claim 12.
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 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.
Claims 1-2, 10-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gao et al. (CN 105755464 A, Published on 07/13/2016, Translation is attached).
Regarding claim 1, Gao discloses a material deposition unit (Gao Abstract and as shown in Gao Fig.1), comprising:
a radiation unit (Gao Translated Document on page 3 – paragraph 9 discloses: “when manufacturing starts, adjusting the laser beam irradiated on the cladding substrate 4 surface and to perform scanning according to the processing”; therefore, there must be a laser source configured to generate the laser beam) configured to emit electromagnetic radiation (“laser beam”, Gao Translated Document on page 3 – paragraph 9, it is well known that laser emits electromagnetic radiation) in a directed manner onto a workpiece surface of a workpiece (surface of the substrate 4, Gao Fig.2) (Gao Translated Document on page 3 paragraph 9 discloses: “when manufacturing starts, adjusting the laser beam irradiated on the cladding substrate 4 surface and to perform scanning according to the processing”) along a beam axis (axis of the laser beam, Gao Translated Document on page 3 – paragraph 9 discloses: “when manufacturing starts, adjusting the laser beam irradiated on the cladding substrate 4 surface and to perform scanning according to the processing”, and Gao Translated Document on page 3 – last paragraph discloses: “the laser irradiation can be coaxial with the feeding pipeline”) extending in a beam direction (Gao Translated Document on page 3 – paragraph 9 discloses: “powder convergence points P1 and powder convergence point P2 located on the light path of the laser beam … when manufacturing starts, adjusting the laser beam irradiated on the cladding substrate 4 surface and to perform scanning according to the processing”, and Gao Translated Document on page 3 – last paragraph discloses: “the laser irradiation can be coaxial with the feeding pipeline”; therefore, the laser beam direction is from the nozzle 1 to the substrate 4 since the laser beam is coaxial with the feeding pipeline of the nozzle 1), and
a powder discharge device (nozzle 1, Gao Fig.1) having multiple powder discharge units (multiple path powder feeding ports 21 and 22, Gao Fig.1) configured to discharge powder (Gao Translated Document on page 3 – paragraph 9 discloses: “powder feeding way as shown in FIG. 1, wherein the inner path powder feeding opening 21 along the extension line of the powder outlet direction converges powder convergence point P1, external path powder feeding opening 22 extension line along the powder discharging direction converges the powder convergence points P2. powder convergence points P1 and powder convergence point P2 located on the light path of the laser beam”) in a directed form onto the workpiece (substrate 4, Gao Fig.2) (as explained in details in Gao Translated Document on page 3 – paragraph 9; in summary, the last two sentences of Gao Translated Document on page 3 – paragraph 9 discloses: “high heat melting using a laser beam generated by the feeding of the metal powder and the substrate, forming a molten pool at the irradiation position, deposited above the bath of molten metal powder, powder convergence point one P1 and the powder convergence points P2 of the metal powder after cooling and solidification are respectively formed cladding layer; So it can at the same time to form double-layer cladding layer on the cladding substrate 4 surface by a laser beam scanning, the effect shown in FIG. 2”),
wherein the powder discharge device (nozzle 1, Gao Fig.1) comprises at least:
a first powder discharge unit (first powder discharge unit includes multiple path powder feeding ports 21, Gao Fig.1 & Translated Document on page 3 – paragraphs 8-9) having a plurality of first powder-outlet openings (four path powder feeding ports 21, Gao Fig.1 & Translated Document on page 3 – paragraphs 8-9) and a second powder discharge unit (second powder discharge unit includes multiple path powder feeding ports 22, Gao Fig.1 & Translated Document on page 3 – paragraphs 8-9) having a plurality of second powder-outlet openings (four path powder feeding ports 22, Gao Fig.1 & Translated Document on page 3 – paragraphs 8-9),
wherein the plurality of first powder-outlet openings (four path powder feeding ports 21, Gao Fig.1 & Translated Document on page 3 – paragraphs 8-9) has a first powder feed angle with respect to the beam axis (Gao Translated Document on page 3 – paragraph 9 discloses: “powder convergence points P1 and powder convergence point P2 located on the light path of the laser beam … when manufacturing starts, adjusting the laser beam irradiated on the cladding substrate 4 surface and to perform scanning according to the processing”, and Gao Translated Document on page 3 – last paragraph discloses: “the laser irradiation can be coaxial with the feeding pipeline”; since the laser irradiation is coaxial with the feeding pipeline of the nozzle 1, in the case of Gao Fig.1, the axis of the laser beam is coaxial with the central axis of the nozzle 1; therefore, the plurality of powder feeding ports 21 has a first powder feed angle with respect to the beam axis) and is configured to discharge a plurality of first powder jets (first powder jets, see Gao annotated Fig.1 below) at the first powder feed angle (first powder feed angle as explained previously) directly in a direction of a first material focal zone (first powder convergence point P1, Gao Fig.1), and the plurality of second powder-outlet openings (four path powder feeding ports 22, Gao Fig.1 & Translated Document on page 3 – paragraphs 8-9) has a second powder feed angle with respect to the beam axis (Gao Translated Document on page 3 – paragraph 9 discloses: “powder convergence points P1 and powder convergence point P2 located on the light path of the laser beam … when manufacturing starts, adjusting the laser beam irradiated on the cladding substrate 4 surface and to perform scanning according to the processing”, and Gao Translated Document on page 3 – last paragraph discloses: “the laser irradiation can be coaxial with the feeding pipeline”; since the laser irradiation is coaxial with the feeding pipeline of the nozzle 1, in the case of Gao Fig.1, the axis of the laser beam is coaxial with the central axis of the nozzle 1; therefore, the plurality of powder feeding ports 22 has a second powder feed angle with respect to the beam axis) and is configured to discharge a plurality of second powder jets (second powder jets, see Gao annotated Fig.1 below) at the second powder feed angle (second powder feed angle as explained previously) directly in a direction of a second material focal zone (second powder convergence point P2, Gao Fig.1),
the first material focal zone (first powder convergence point P1, Gao Fig.1) and the second material focal zone (second powder convergence point P2, Gao Fig.1) being spaced apart from one another in the beam direction (Gao Translated Document on page 3 – paragraph 9 discloses: “powder convergence points P1 and powder convergence point P2 located on the light path of the laser beam … when manufacturing starts, adjusting the laser beam irradiated on the cladding substrate 4 surface and to perform scanning according to the processing”, and Gao Translated Document on page 3 – last paragraph discloses: “the laser irradiation can be coaxial with the feeding pipeline”; since the laser irradiation is coaxial with the feeding pipeline of the nozzle 1, in the case of Gao Fig.1, the axis of the laser beam is coaxial with the central axis of the nozzle 1; therefore, the first powder convergence point P1 and the second powder convergence point P2 being spaced apart from one another in the beam direction. It is noted that P1 and P2 are shown as two distinct points with a visible separation (gap) between their centers. They are not coincident or located at the same position.).
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Regarding claim 2, Gao discloses the apparatus as set forth in claim 1, and also discloses:
wherein the plurality of first powder-outlet openings (four path powder feeding ports 21, Gao Fig.1 & Translated Document on page 3 – paragraphs 8-9) and the plurality of second powder-outlet openings (four path powder feeding ports 22, Gao Fig.1 & Translated Document on page 3 – paragraphs 8-9) each comprises a same number of powder-outlet openings (Gao Translated Document on page 3 – paragraph 8 discloses: “The laser additive manufacturing method embodiment double gradient into metal powder adopts eight-path powder feeding way, is divided into four and four outer paths. When working, using laser beam irradiation and scan the cladding substrate surface, are simultaneously and synchronously feeding metal powder onto the laser beam irradiation position by four-way and four outer circuit.”; thus, each comprises a same number of powder outlet openings).
Regarding claim 10, Gao discloses the apparatus as set forth in claim 1, and also discloses:
wherein the plurality of first powder-outlet openings (four path powder feeding ports 21, Gao Fig.1 & Translated Document on page 3 – paragraphs 8-9) is connected to a different powder source than the plurality of second powder-outlet openings (four path powder feeding ports 22, Gao Fig.1 & Translated Document on page 3 – paragraphs 8-9) (Gao Translated Document on page 2 – last paragraph discloses: “the two groups of pipelines are respectively sent to different materials of metal powder, typically used to form an outer cladding layer of metal powder has high hardness, such as Ni (nickel) + WC (tungsten carbide) powder used to form the inner layer cladding layer of metal powder with lower hardness, The base 625 Ni alloy such as Ni base alloy powder”).
Regarding claim 11, Gao discloses the apparatus as set forth in claim 1, and also discloses:
wherein the radiation unit comprises a laser (Gao Translated Document on page 3 – paragraph 9 discloses: “when manufacturing starts, adjusting the laser beam irradiated on the cladding substrate 4 surface and to perform scanning according to the processing”; therefore, the radiation unit comprises a laser) configured to emit a laser beam (“laser beam”, Gao Translated Document on page 3 – paragraph 9) onto the workpiece (substrate 4, Gao Fig.2) (Gao Translated Document on page 3 – paragraph 9 discloses: “when manufacturing starts, adjusting the laser beam irradiated on the cladding substrate 4 surface and to perform scanning according to the processing”).
Regarding claim 12, Gao discloses a method for laser build-up welding (Gao Abstract & as shown in Gao Figs.1-2), the method comprising:
directing, using a laser (Gao Translated Document on page 3 – paragraph 9 discloses: “when manufacturing starts, adjusting the laser beam irradiated on the cladding substrate 4 surface and to perform scanning according to the processing”; therefore, there must be a laser source configured to generate the laser beam), a laser beam (“laser beam”, Gao Translated Document on page 3 – paragraph 9) onto a workpiece surface (surface of the substrate 4, Gao Fig.2) (Gao Translated Document on page 3 – paragraph 9 discloses: “when manufacturing starts, adjusting the laser beam irradiated on the cladding substrate 4 surface and to perform scanning according to the processing”) along a beam axis (axis of the laser beam, Gao Translated Document on page 3 – paragraph 9 discloses: “when manufacturing starts, adjusting the laser beam irradiated on the cladding substrate 4 surface and to perform scanning according to the processing”, and Gao Translated Document on page 3 – last paragraph discloses: “the laser irradiation can be coaxial with the feeding pipeline”) extending in a beam direction (Gao Translated Document on page 3 – paragraph 9 discloses: “powder convergence points P1 and powder convergence point P2 located on the light path of the laser beam … when manufacturing starts, adjusting the laser beam irradiated on the cladding substrate 4 surface and to perform scanning according to the processing”, and Gao Translated Document on page 3 – last paragraph discloses: “the laser irradiation can be coaxial with the feeding pipeline”; therefore, the laser beam direction is from the nozzle 1 to the substrate 4 since the laser beam is coaxial with the feeding pipeline of the nozzle 1);
feeding a powder material (powder 3, Gao Fig.1) to a process zone (process zone includes the first powder convergence point P1 and the second powder convergence point P2, Gao Fig.1) via a plurality first powder jets (first powder jets, Gao annotated Fig.1 below) and a plurality of second powder jets (second powder jets, Gao annotated Fig.1 below), wherein the plurality of first powder jets (first powder jets, Gao annotated Fig.1 below) is discharged from a plurality of first powder-outlet openings (four path powder feeding ports 21, Gao Fig.1 & Translated Document on page 3 – paragraphs 8-9), the plurality of first powder-outlet openings (four path powder feeding ports 21, Gao Fig.1 & Translated Document on page 3 – paragraphs 8-9) having a first powder feed angle relative to the beam axis (Gao Translated Document on page 3 – paragraph 9 discloses: “powder convergence points P1 and powder convergence point P2 located on the light path of the laser beam … when manufacturing starts, adjusting the laser beam irradiated on the cladding substrate 4 surface and to perform scanning according to the processing”, and Gao Translated Document on page 3 – last paragraph discloses: “the laser irradiation can be coaxial with the feeding pipeline”; since the laser irradiation is coaxial with the feeding pipeline of the nozzle 1, in the case of Gao Fig.1, the axis of the laser beam is coaxial with the central axis of the nozzle 1; therefore, the plurality of powder feeding ports 21 has a first powder feed angle with respect to the beam axis), wherein the plurality of first powder jets (first powder jets, Gao annotated Fig.1 below) is focused directly from the plurality of first powder-outlet openings (four path powder feeding ports 21, Gao Fig.1 & Translated Document on page 3 – paragraphs 8-9) toward a first material focal zone (first powder convergence point P1, Gao Fig.1), and the plurality of second powder jets (second powder jets, Gao annotated Fig.1 below) is discharged from a plurality of second powder-outlet openings (four path powder feeding ports 22, Gao Fig.1 & Translated Document on page 3 – paragraphs 8-9), the plurality of second powder-outlet openings (four path powder feeding ports 22, Gao Fig.1 & Translated Document on page 3 – paragraphs 8-9) having a second powder feed angle relative to the beam axis (Gao Translated Document on page 3 – paragraph 9 discloses: “powder convergence points P1 and powder convergence point P2 located on the light path of the laser beam … when manufacturing starts, adjusting the laser beam irradiated on the cladding substrate 4 surface and to perform scanning according to the processing”, and Gao Translated Document on page 3 – last paragraph discloses: “the laser irradiation can be coaxial with the feeding pipeline”; since the laser irradiation is coaxial with the feeding pipeline of the nozzle 1, in the case of Gao Fig.1, the axis of the laser beam is coaxial with the central axis of the nozzle 1; therefore, the plurality of powder feeding ports 22 has a second powder feed angle with respect to the beam axis), wherein the plurality of second powder jets (second powder jets, Gao annotated Fig.1 below) is focused directly from the plurality of first powder-outlet openings (see the 35 U.S.C. 112(b) Claim Rejection section above for the rejection of the limitation “the plurality of second powder jets is focused directly from the plurality of first powder-outlet openings toward a second material focal zone”; in this case, the limitation “the plurality of first powder-outlet openings” will be interpreted as the plurality of second powder-outlet openings, in this case, the four path powder feeding ports 22, Gao Fig.1 & Translated Document on page 3 – paragraphs 8-9) toward a second material focal zone (second powder convergence point P2, Gao Fig.1), the first material focal zone (first powder convergence point P1, Gao Fig.1) and the second material focal zone (second powder convergence point P2, Gao Fig.1) being spaced apart from each other along the beam axis (Gao Translated Document on page 3 – paragraph 9 discloses: “powder convergence points P1 and powder convergence point P2 located on the light path of the laser beam … when manufacturing starts, adjusting the laser beam irradiated on the cladding substrate 4 surface and to perform scanning according to the processing”, and Gao Translated Document on page 3 – last paragraph discloses: “the laser irradiation can be coaxial with the feeding pipeline”; since the laser irradiation is coaxial with the feeding pipeline of the nozzle 1, in the case of Gao Fig.1, the axis of the laser beam is coaxial with the central axis of the nozzle 1; therefore, the first powder convergence point P1 and the second powder convergence point P2 being spaced apart from each other along the beam axis. It is noted that P1 and P2 are shown as two distinct points with a visible separation (gap) between their centers. They are not coincident or located at the same position.).
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Regarding claim 13, Gao discloses the method set forth in claim 12, and also discloses:
wherein the laser beam (“laser beam”, Gao Translated Document on page 3 – paragraph 9) is focused onto the workpiece surface (surface of the substrate 4, Gao Fig.2), in order to heat or melt a base material in the process zone (process zone includes the first powder convergence point P1 and the second powder convergence point P2, Gao Fig.1) (Gao Translated Document on page 3 – paragraph 9 discloses: “when manufacturing starts, adjusting the laser beam irradiated on the cladding substrate 4 surface and to perform scanning according to the processing … high heat melting using a laser beam generated by the feeding of the metal powder and the substrate, forming a molten pool at the irradiation position, deposited above the bath of molten metal powder, powder convergence point one P1 and the powder convergence points P2 of the metal powder after cooling and solidification are respectively formed cladding layer; So it can at the same time to form double-layer cladding layer on the cladding substrate 4 surface by a laser beam scanning, the effect shown in FIG. 2”).
Regarding claim 14, Gao discloses the method set forth in claim 13, and also discloses:
wherein the process zone (process zone includes the first powder convergence point P1 and the second powder convergence point P2, Gao Fig.1) comprises a melt pool (“molten pool”, Gao Translated Document on page 3 – paragraph 9) (Gao Translated Document on page 3 – paragraph 9 discloses: “when manufacturing starts, adjusting the laser beam irradiated on the cladding substrate 4 surface and to perform scanning according to the processing … high heat melting using a laser beam generated by the feeding of the metal powder and the substrate, forming a molten pool at the irradiation position, deposited above the bath of molten metal powder, powder convergence point one P1 and the powder convergence points P2 of the metal powder after cooling and solidification are respectively formed cladding layer; So it can at the same time to form double-layer cladding layer on the cladding substrate 4 surface by a laser beam scanning, the effect shown in FIG. 2”).
Regarding claim 15, Gao discloses the method set forth in claim 12, and also discloses:
wherein a first material is fed to the process zone (process zone includes the first powder convergence point P1 and the second powder convergence point P2, Gao Fig.1), via the plurality of first powder jets (first powder jets, see Gao annotated Fig.1 below), and a second material different than the first material is fed to the process zone (process zone includes the first powder convergence point P1 and the second powder convergence point P2, Gao Fig.1) via the plurality of second powder jets (second powder jets, see Gao annotated Fig.1 below) (Gao Translated Document on page 2 – last paragraph discloses: “the two groups of pipelines are respectively sent to different materials of metal powder, typically used to form an outer cladding layer of metal powder has high hardness, such as Ni (nickel) + WC (tungsten carbide) powder used to form the inner layer cladding layer of metal powder with lower hardness, The base 625 Ni alloy such as Ni base alloy powder”).
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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.
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Gao et al. (CN 105755464 A, Published on 07/13/2016, Translation is attached) in view of Zhang et al. (CN 102554471 B, Published on 09/03/2014, Translation is attached).
Regarding claim 3, Gao discloses the apparatus as set forth in claim 1, but does not explicitly disclose:
wherein the first powder feed angle and the second powder feed angle are different.
Zhang teaches a material deposition unit (Zhang Figs.1-2):
wherein the first powder feed angle (first powder feed angle, Zhang annotated Fig.2 below) and the second powder feed angle (second powder feed angle, Zhang annotated Fig.2 below) are different (Zhang teaches the angle can be adjusted and Zhang annotated Fig.2 below shows that the first powder feed angle and the second powder feed angle are different)
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gao, by making the first powder feed angle and the second powder feed angle are different, as taught by Zhang, in order to achieve optimal convergence angle for each powder material because different powder materials have different composition, density and grain sizes, thus, different powder materials have different optimal convergence angle, which requires adjustment of the feeding angle to achieve melt pool stability, as recognized by Zhang [Zhang, Translated Pars.0003 & 0011].
Claims 4 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Gao et al. (CN 105755464 A, Published on 07/13/2016, Translation is attached) in view of Ma et al. (CN 109604594 A, Published 04/12/2019, Translation is attached).
Regarding claim 4, Gao discloses the apparatus as set forth in claim 1, but does not explicitly disclose:
wherein the first powder feed angle and the second powder feed angle are identical.
Ma teaches a material deposition unit (Ma Fig.1):
wherein the first powder feed angle and the second powder feed angle are identical (Ma teaches inclined angle of each powder feeding port is individually adjusted because each of the powder feeding port has its own angle adjusting component, as shown in Ma Fig.1 and indicated by Ma Translated Document on page 2, third paragraph from the bottom of page 2 teaches: “each group of adjustable powder feeding with water cooling tube assembly comprises an angle adjusting component”, and furthermore, Ma Translated Document on page 4 – last paragraph teaches: “the rest feeding tube through the scale of the hinge block and the connecting rod is adjusted so that the four groups of feeding inclined the same angle so as to realize good coupling of light, powder”; therefore, Ma teaches the first powder feed angle and the second powder feed angle are identical).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gao, by making the first powder feed angle and the second powder feed angle are identical, as taught by Ma, in order to provide consistent powder-flow angles and divergence angles among the power-feeding nozzles and thereby improve the consistency of powder delivery and laser-powder coupling. The modification would equalize the angular orientation of the respective powder-feeding nozzles and would not require the spatially separated powder convergence locations P1 and P2 of Gao to coincide.
Regarding claim 7, Gao discloses the apparatus as set forth in claim 1, but does not explicitly disclose:
wherein the plurality of first powder-outlet openings lies in a first plane running orthogonally to the beam axis, and the plurality of second powder-outlet openings lies in a second plane running orthogonally to the beam axis and being spaced apart from the first plane in the beam direction.
Ma teaches a material deposition unit (Ma Fig.1):
wherein the plurality of first powder-outlet openings lies in a first plane running orthogonally to the beam axis, and the plurality of second powder-outlet openings lies in a second plane running orthogonally to the beam axis and being spaced apart from the first plane in the beam direction (Ma teaches the inclined angle and the height of each powder feeding port can be individually adjusted because each of the powder feeding port has its own angle and height adjusting component, as shown in Ma Fig.1 and indicated by Ma Translated Document on page 2, third paragraph from the bottom of page 2 teaches: “each group of adjustable powder feeding with water cooling tube assembly comprises an angle adjusting component”, and Ma Translated Document on page 4 – paragraph 5 discloses: “by adjusting the connecting rod can realize the pipe at different heights”; furthermore, the primary reference Gao already discloses the first powder-outlet openings configured to discharge plurality of first powder jets at the first powder feed angle relative to the beam axis directly to the first convergence point P1, and the second powder-outlet openings configured to discharge plurality of second powder jets at the second powder feed angle relative to the beam axis directly to the second convergence point P2, as cited and explained in the rejections of claim 1 above; therefore, in combination, Gao in view of Ma teaches the plurality of first powder-outlet openings lies in a first plane running orthogonally to the beam axis, and the plurality of second powder-outlet openings lies in a second plane running orthogonally to the beam axis and being spaced apart from the first plane in the beam direction).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gao, by adding the angle and height adjusting component to each powder feeding port in a way that angle and height of each powder feeding port can be adjustable individually, as taught by Ma, so that the first powder-outlet openings lying in the first plane running orthogonally to the beam axis, and the second powder-outlet openings lying in the second plane, which runs orthogonally to the beam axis and is arranged spaced apart from the first plane in the beam direction, in order to heat/melt the discharged powder at different positions along the beam direction in order to achieve efficient heating/melting of the discharged powder.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Gao et al. (CN 105755464 A, Published on 07/13/2016, Translation is attached) in view of Jeantette et al. (U.S. Patent No. 6,046,426 A).
Regarding claim 5, Gao discloses the apparatus as set forth in claim 1, but does not explicitly disclose:
wherein the plurality of first powder-outlet openings is arranged at a first spacing from the beam axis as seen in a viewing plane running orthogonally to the beam axis, and the plurality of second powder-outlet openings is arranged in the viewing plane at a second spacing, which is different than the first spacing, from the beam axis, with the plurality of first powder-outlet openings and the plurality of second powder-outlet openings lying in the viewing plane as seen in the beam direction.
Jeantette teaches a material deposition unit:
wherein the plurality of first powder-outlet openings (holes 17, Jeantette Fig.3A) is arranged at a first spacing (first spacing, Jeantette annotated Fig.3A below) from the beam axis as seen in a viewing plane running orthogonally to the beam axis (Jeantette Fig.3A shows the viewing plane running orthogonally to the beam axis), and the plurality of second powder-outlet openings (holes 21, Jeantette Fig.3A) is arranged in the viewing plane at a second spacing (second spacing, Jeantette annotated Fig.3A below), which is different than the first spacing (first spacing, Jeantette annotated Fig.3A below), from the beam axis, with the plurality of first powder-outlet openings (holes 17, Jeantette Fig.3A) and the plurality of second powder-outlet openings (holes 21, Jeantette Fig.3A) lying in the viewing plane as seen in the beam direction (Jeantette annotated Fig.3A below shows holes 21 arranged in the viewing plane at second spacing, which is different than the first spacing, from the beam axis, with holes 17 and holes 21 lying in the viewing plane as seen in the beam direction) (Jeantette Col.5 lines 32-35 discloses: “Holes 17, 19, and 21 are not radially aligned, but rather, are offset one from another, to ensure uniform flow of powdered material M”).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gao, by making the plurality of first powder-outlet openings is arranged at a first spacing from the beam axis as seen in a viewing plane running orthogonally to the beam axis, and the plurality of second powder-outlet openings is arranged in the viewing plane at a second spacing, which is different than the first spacing, from the beam axis, with the plurality of first powder-outlet openings and the plurality of second powder-outlet openings lying in the viewing plane as seen in the beam direction, as taught by Jeantette, in order to ensure uniform flow of feed powdered material, as recognized by Jeantette [Jeantette, Col.5 lines 32-35]. Specifically, when the flow rate of feed powdered material is high, the modification would help to ensure uniform flow of feed powdered material since there are some spaces between the first powder-outlet openings and the second powder-outlet openings (offset from the center of the beam axis in the viewing plane that is orthogonal to the beam axis), thus, the powder flow from one outlet opening will not interrupt the powder flow from the other outlet openings when the powder exit the outlet openings; therefore, ensure uniform flow of feed powdered material.
Claims 6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Gao et al. (CN 105755464 A, Published on 07/13/2016, Translation is attached) in view of Fujiya et al. (U.S. Pub. No. 2017/0050268 A1).
Regarding claim 6, Gao discloses the method as set forth in claim 1, but does not explicitly disclose:
wherein each of the plurality of first powder-outlet openings and the plurality of second powder-outlet openings is arranged at a same spacing as seen in a viewing plane running orthogonally to the beam axis, with the plurality of first powder-outlet openings and the plurality of second powder-outlet openings lying in the viewing plane as seen in the beam direction
Fujiya teaches a material deposition unit comprising a powder discharge device (processing nozzle 100, Fujiya Figs.1-2):
wherein each of the plurality of first powder-outlet openings (each of the first powder-outlet openings, Fujiya annotated Fig.5 below; it is noted that first powder-outlet openings are the openings of the powder supply paths 121) and the plurality of second powder-outlet openings (each of the second powder-outlet openings, Fujiya annotated Fig.5 below; it is noted that second powder-outlet openings are the openings of the powder supply paths 122) is arranged at a same spacing as seen in a viewing plane (viewing plane, Fujiya annotated Fig.5 below) running orthogonally to the beam axis (beam axis, Fujiya annotated Fig.5 below) (Fujiya Fig.1 shows each of the first powder-outlet openings and the second powder-outlet openings being arranged at a same spacing as seen in a viewing plane running orthogonally to the beam axis; it is noted that Fujiya Par.0039 discloses: “The processing nozzle 500 according to this embodiment is different from the first embodiment in that flappers 501 and 502 are provided. The rest of the components and operations is the same as in the first embodiment.”; therefore, the locations of the outlet openings of the powder supply paths 121 and 122 are the same for Fujiya Fig.1 and Fujiya Fig.5), with the plurality of first powder-outlet openings (first powder-outlet openings, Fujiya annotated Fig.5 below) and the plurality of second powder-outlet openings first powder-outlet openings, Fujiya annotated Fig.5 below) lying in the viewing plane (viewing plane, Fujiya annotated Fig.5 below) as seen in the beam direction (direction of beam 110, Fujiya Fig.5).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gao, by making each of the plurality of first powder-outlet openings and the plurality of second powder-outlet openings is arranged at a same spacing as seen in a viewing plane running orthogonally to the beam axis, with the plurality of first powder-outlet openings and the plurality of second powder-outlet openings lying in the viewing plane as seen in the beam direction, as taught by Fujiya, in order to ensure consistent, high-quality material layer formation by maintaining a uniform powder and material flow, thus, provide even material distribution into the melt pool.
Regarding claim 9, Gao discloses the method as set forth in claim 1, but does not explicitly disclose:
wherein the plurality of first powder-outlet openings is arranged uniformly distributed about the beam axis in a circumferential direction, and/or the plurality of second powder-outlet openings is arranged uniformly distributed about the beam axis in the circumferential direction.
Fujiya teaches a material deposition unit comprising a powder discharge device (processing nozzle 100, Fujiya Figs.1-2):
wherein the plurality of first powder-outlet openings (openings 221 of the powder supply paths 121, Fujiya Fig.2 & Par.0026) is arranged uniformly distributed about the beam axis (axis of the beam 110, Fujiya Fig.1) in a circumferential direction (Fujiya Figs.1-2 show the openings 221 of the powder supply paths 121 being arranged uniformly distributed about the beam axis in the circumferential direction), and/or the plurality of second powder- outlet openings (openings 222 of the powder supply paths 122, Fujiya Fig.2 & Par.0026) is arranged uniformly distributed about the beam axis (axis of the beam 110, Fujiya Fig.1) in the circumferential direction (Fujiya Figs.1-2 show the openings 222 of the powder supply paths 122 being arranged uniformly distributed about the beam axis in the circumferential direction).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gao, by making the plurality of first powder-outlet openings is arranged uniformly distributed about the beam axis in a circumferential direction, and/or the plurality of second powder-outlet openings is arranged uniformly distributed about the beam axis in the circumferential direction, as taught by Fujiya, in order to ensure consistent, high-quality material layer formation by maintaining a uniform powder and material flow, thus, provide even material distribution into the melt pool.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Gao et al. (CN 105755464 A, Published on 07/13/2016, Translation is attached) in view of Liu (U.S. Pub. No. 2007/0034048 A1).
Regarding claim 16, Gao discloses the method as set forth in claim 15, but does not explicitly disclose:
wherein the first material comprises a matrix material, and the second material comprises a hard material.
Liu teaches (Liu Par.0013):
wherein the first material (“second, different material”, Liu Par.0013) comprises a matrix material, and the second material (“first material”, Liu Par.0013) comprises a hard material (Liu Par.0013 teaches: “The hard metal materials described below include materials comprising hard particles having a first material, and a binder matrix having a second, different material.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the Gao first powder material with the Liu hard material, and substitute the Gao second powder material with the Liu matrix material, because the substitution of one known element for another with no change in their respective functions, and the modification would have yield a predictable result of producing a three-dimensional shaped object (or overlay welding) by first and second powder materials. MPEP 2143 I (B).
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Gao et al. (CN 105755464 A, Published on 07/13/2016, Translation is attached) in view of Colin et al. (U.S. Pub. No. 2015/0298259 A1).
Regarding claim 17, Gao discloses the apparatus as set forth in claim 1, but does not disclose:
wherein at least one the first material focal zone and the second material focal zone lies downstream of the workpiece surface in a transport direction of the plurality of first powder jets and the plurality of the second powder jets.
Colin teaches a material deposition unit (Colin Fig.1):
wherein at least one the first material focal zone and the second material focal zone (it is noted that the limitation “at least one the first material focal zone and the second material focal zone” is in alternative form; therefore, only one of these was given patentable weight during examination; in this case, the Colin focal point FP as shown in Fig.1 is interpreted to be least one the first material focal zone and the second material focal zone, see Colin annotated Fig.1 below) lies downstream of the workpiece surface (surface of workpiece 80, Colin annotated Fig.1 below) in a transport direction of the plurality of first powder jets and the plurality of the second powder jets (as shown in Colin annotated Fig.1 below; and in combination, by making at least one the first material focal zone and the second material focal zone lies downstream of the workpiece surface as taught by Colin, the combination of Gao in view of Colin teaches at least one the first material focal zone and the second material focal zone lies downstream of the workpiece surface in a transport direction of the plurality of first powder jets and the plurality of the second powder jets).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gao, by making at least one the first material focal zone and the second material focal zone lies downstream of the workpiece surface in a transport direction of the plurality of first powder jets and the plurality of the second powder jets, as taught by Colin, in order to avoid the powder beam crossing the high energy beam between the outlet from the nozzle and the working plane because an advantage of this absence of interaction between the laser and the powder upstream from the pool is to avoid any change of shape, to avoid agglomerates forming, and to avoid harmful oxidation of the powder particles, as recognized by Colin [Colin, Pars.0067, 0082].
Regarding claim 18, Gao discloses the method as set forth in claim 12, but does not disclose:
wherein at least one the first material focal zone and the second material focal zone lies downstream of the workpiece surface in a transport direction of the plurality of first powder jets and the plurality of the second powder jets.
Colin teaches a material deposition method (Colin Fig.1):
wherein at least one the first material focal zone and the second material focal zone (it is noted that the limitation “at least one the first material focal zone and the second material focal zone” is in alternative form; therefore, only one of these was given patentable weight during examination; in this case, the Colin focal point FP as shown in Fig.1 is interpreted to be least one the first material focal zone and the second material focal zone, see Colin annotated Fig.1 below) lies downstream of the workpiece surface (surface of workpiece 80, Colin annotated Fig.1 below) in a transport direction of the plurality of first powder jets and the plurality of the second powder jets (as shown in Colin annotated Fig.1 below; and in combination, by making at least one the first material focal zone and the second material focal zone lies downstream of the workpiece surface as taught by Colin, the combination of Gao in view of Colin teaches at least one the first material focal zone and the second material focal zone lies downstream of the workpiece surface in a transport direction of the plurality of first powder jets and the plurality of the second powder jets).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gao, by making at least one the first material focal zone and the second material focal zone lies downstream of the workpiece surface in a transport direction of the plurality of first powder jets and the plurality of the second powder jets, as taught by Colin, in order to avoid the powder beam crossing the high energy beam between the outlet from the nozzle and the working plane because an advantage of this absence of interaction between the laser and the powder upstream from the pool is to avoid any change of shape, to avoid agglomerates forming, and to avoid harmful oxidation of the powder particles, as recognized by Colin [Colin, Pars.0067, 0082].
Conclusion
The following prior art(s) made of record and not relied upon is/are considered pertinent to Applicant’s disclosure.
Guo (U.S. Pub. No. 7,259,353 B2) discloses a compact coaxial nozzle useful in laser welding operations where the welding piece has a restricted or confined geometry. The nozzle also includes a powder mixing chamber that provides good mixing of powdered filler material with a coaxial discharge around the laser.
Baker et al. (U.S. Pub. No. 7,030,337 B2) discloses a hand-held laser welding wand including one or more removable filler media delivery extension tips. The filler media may be wholly or partially delivered via the filler media delivery passages. One or more of the extension tips may be inserted into the filler media delivery passages to efficiently, precisely, and robustly supply filler media of various types and forms to the workpiece weld area.
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/THAO UYEN TRAN-LE/Examiner, Art Unit 3761 08/07/2026
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