DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 9, 2026 has been entered.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. In compliance with 37 CFR 1.72 and in view that there have been multiple patents with the exact same title, The following title is suggested:
“Environmental barrier coating comprising a layer including non-silicate oxide particles.”
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 24 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 24 describes the non-silicate oxide particles are rare earth metal non-silicate oxide while claim 1 requires that the non-silicate oxide particles include titanium dioxide. Thus, claim 24 fails to further limit the subject matter of claim 1 upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Response to Amendment
In view of the claim amendment which requires non-silicate oxide particles in the intermediate layer, wherein the non-silicate oxide particles include titanium dioxide, the double patenting rejection against the application No. 17/711,625, now U.S Patent No. 12312281, is hereby withdrawn. The claims of the referenced application/patent require that both the top coat and the intermediate layer include hafnium silicate particles wherein those in the intermediate layer are in a concentration lower than those in the top coat.
ALLOWABLE SUBJECT MATTER
Claims 1, 3-5, 8-15, 17, 18, 20, 23 and 25-27 are allowed
The following is a statement of reasons for the indication of allowable subject matter: None of the prior art references, singly or combined, teach or suggest an environmental coating comprising a bond coat, a top coat and an intermediate layer comprising titanium dioxide as one of the non-silicate oxide particles dispersed in a silicon dioxide matrix. The most pertinent reference is Kracum (US-2021/0189904) which teaches an environmental barrier coating comprising an intermediate porous layer that contains pore-influencing particles including non-silicate oxide particles; however, none of the oxide particles taught in Kracum include titanium dioxide. Nakada (US 20150079371) lists hafnium oxide and titanium oxide particles to be incorporated in an oxide layer of an environmental barrier coating; however, the particles are not in the inner layer but rather in the top/outer layer because the purpose of using these particles is for their heat resistance, oxidation resistance, water vapor resistance and low heat conductivity (Nakada, para. 0058). Moreover, for such purposes, hafnium oxide is more desirable than titanium dioxide (Nakada, para. 0059). Therefore, it would not have been obvious to replace hafnium oxide of Kracum with titanium dioxide. In addition, if an additional purpose other than pore-generating is desired, the POSITA would not have replaced hafnium with titanium dioxide because, according to Nakada, hafnia has “more excellent water vapor resistance” than titanium dioxide (para. 0059). Other barrier coating references also teach the use of titanium dioxide as particles in the top/outer coat due to its corrosion- and wear-resistant capabilities rather than being in the inner layer as required in the instant claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOA (Holly) LE whose telephone number is (571)272-1511. The examiner can normally be reached Monday to Friday, 10:00 am to 7:00 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, Alicia Chevalier can be reached at 571-272-1490. 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.
/HOA (Holly) LE/Primary Examiner, Art Unit 1788
Prosecution Insights