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 .
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 1, 5-6, 8-17, and 20-24 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. The dependent claims do not cure the deficiencies.
The temperature and pressure ranges of Claim 1 are considered indefinite because the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. Claim 1 recites the deposition of the plurality of layers is under the conditions of 40-80 bar and 850-1100C, and the claim also recites the deposition of the growth layer is under the conditions of 65-75 bar and 1000-1100C which is not within the previous requirement of the deposition conditions range/limitation for the plurality of layers of step b. The claim(s) are considered indefinite because there is a question or doubt as to whether (1) the anchoring layer and growth layer are layers of the previously recited “plurality of layers” OR (2) if the anchoring layer and growth layer are layers deposited in addition to the “plurality of layers”. The antecedent basis of the limitation “the carrier gas” supports the first interpretation; however, the feature introduced by the second pressure and temperature range supports the second interpretation. For the purpose of examination and based on the original disclosure, the claim will be treated as requiring the first interpretation, wherein the anchoring layer and growth layer are layers of the previously recited “plurality of layers… by cold spraying… the same alloy”. To clarify the incongruity of the claimed ranges under this interpretation, the claims will further be treated as wherein the conditions of 40-80 bar and 850-1100C are the “first pressure and temperature conditions” and the conditions of 65-75 bar and 1000-1100C are the “second pressure and temperature conditions”.
Claim 17 recites the limitation "the pressure" and “the temperature”. There is unclear antecedent basis for this limitation in the claim. Claim 1 recites depositing a plurality of layers under different pressure and temperature ranges of the carrier gas. Claim 17 further defines the temperature and pressure ranges; however, it is unclear if the temperatures and pressures of Claim 17 are the first or second conditions of Claim 1. For the purpose of examination, the conditions will be treated as first conditions.
Allowable Subject Matter
Claims 1, 5-6, 8-17, and 20-24 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art is Li (CN 107723699 A) in view of Calla (US 20110078896). Li teaches a method for repairing an aeronautical component (“gas turbine hot passage parts, turbine blade”; Background technology) comprising a nickel- based alloy (Embodiment 1), the method comprising the following steps: a) performing surface preparation on a damaged portion of the component (Embodiment 1); and b) depositing a plurality of layers on the damaged portion of the component by cold spraying a powdered material by a non-oxidizing carrier gas (Embodiment 1), wherein the powdered material which is deposited is the same alloy as the alloy comprised in the component to be repaired (Embodiment 1), and deposition is performed with pressure conditions of 20-60 bar and temperature conditions between 500 and 1000°C of the carrier gas (The content of the invention, 7th para.). Calla teaches pressure and temperature are controlled parameters selected based on the desired structure ([0020-0022], [0029], [0032]).
The prior art does not teach or suggest a method of cold spraying a nickel-based alloy as claimed including depositing an anchoring layer and growth layer at different pressure and temperature conditions, wherein the first pressure and temperature conditions are between 40 and 80 bar and temperature conditions between 850 and 1100C, and wherein the second pressure and temperature conditions are 65-75 bar and 1000-1100C.
Response to Arguments
Applicant’s arguments, see amendment and remarks, filed 11/5/2025, with respect to the Section 103 rejection have been fully considered and are persuasive. The rejections have been withdrawn. However, upon further consideration and as necessitated by the amendment, a new ground(s) of rejection under Section 112 is made as discussed above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TABATHA L PENNY whose telephone number is (571)270-5512. The examiner can normally be reached M-F 8:00-5:00.
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/TABATHA L PENNY/Primary Examiner, Art Unit 1712