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 .
DETAILED ACTION
Applicant's submission filed on June 11, 2026 was received has been entered. Claims 1 and 7 were amended. Claim 2 was cancelled. Claims 1 and 3-8 are in the application.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Interpretation
The term “same shape” is included in claims 1 and 7. Examiner is considering this term to be understood by a person of reasonable skill in the art as two shapes having same angle and same ratio of first side to a second side.
Claim Rejections - 35 USC § 103
The previous rejection of claims 1, 3-4, and 6-7 under 35 U.S.C. 103 as being unpatentable over JP-2008-110293 A1 to Nakajima et al (hereinafter Nakajima) in view of JP 2019-99841 to NGK (hereinafter NGK) and “What is Cold Spray” Coldspray.com. is withdrawn based on the amendment to claim 1.
Claims 1, 3-4, and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over JP-2008-110293 A1 to Nakajima et al (hereinafter Nakajima) in view of JP 2019-99841 to NGK (hereinafter NGK) and “What is Cold Spray” Coldspray.com in view of JP 2008-274318 to Akinari Ohira (hereinafter Ohira) .
Regarding claim 1, Nakajima teaches a spray nozzle (1b) for use in a thermal spray device, said spray nozzle comprising: a nozzle main body (between 2b and 2f in Fig. 5) that has a first path (portion starting with 2b in Fig. 5) through which a film material (material inside 4 in Fig. 6) and a carrier gas pass (material inside 4 in Fig. 6); and a nozzle tip section ( 2f ) that is provided at a tip section of the nozzle main body (between 2b and 2f in Fig. 5) and has a second path which communicates with the first path, the second path (portion starting with 2f in Fig. 5) being broadened at a position apart from a cross-sectional center ( between 2b and 2f in Fig. 5) of the second path (portion starting with 2f in Fig. 5). (See Nakajima, Abstract, Figs.1, 5-6, and page 2, sixth paragraph; page 4, fifth paragraph; of Machine Translation.)
Nakajima teaches each one of the cross section of the first path (opening in 2b in Fig. 5) and the cross section of the second path (portion starting with 2b in Fig. 5) is a cross section in a direction perpendicular to a flow direction (direction extending between 2b and 2f) of the film material and the carrier gas. (See Nakajima, Abstract, Fig. 5, and page 2, sixth paragraph; page 4, fifth paragraph; of Machine Translation.)
Nakajima does not explicitly teach a nozzle for use in a thermal spray device.
NGK teaches use of a nozzle including an aerosol forming portion in a cold spray application. (See NGK, Abstract, paragraphs 4, 52.) Examiner is considering cold spray to be an art recognized form of thermal spray.(See “What is Cold Spray” article, fourth paragraph.)
It would have been obvious to a person of ordinary skill in the art to use the nozzle in a thermal spray device; because NGK teaches use of an aerosol forming portion in a thermal spray device provides a coating efficiently in a desired range. (See NGK, Abstract, paragraphs 4, 52.)
Additionally, regarding claim 1 Nakajima does not explicitly teach a cross section of the first path has a first shape having a first side, a second side and a first angle between the first side and the second side, and a cross section of the second path has a second shape having a third side corresponding to the first side, a fourth side corresponding to the second side and a second angle corresponding to the first angle and between the third side and the fourth side, each one of the cross section of the first path and the cross section of the second path is a cross section in a direction perpendicular to a flow direction of the film material and the carrier gas;
the first shape and the second shape are same shapes where a value of the first angle is equal to a value of the second angle, and a value of a ratio of the first side to the second is equal to a ratio of the third side and the fourth side.
Ohira teaches use of a nozzle including an aerosol forming portion in a cold spray application.
Ohira teaches a cross section of the first path has a first shape having a first side, a second side and a first angle between the first side and the second side, and a cross section of the second path has a second shape having a third side corresponding to the first side, a fourth side corresponding to the second side and a second angle corresponding to the first angle and between the third side and the fourth side, each one of the cross section of the first path and the cross section of the second path is a cross section in a direction perpendicular to a flow direction of the film material and the carrier gas;
the first shape and the second shape are same shapes where a value of the first angle is equal to a value of the second angle, and a value of a ratio of the first side to the second is equal to a ratio of the third side and the fourth side. (See Ohira, Abstract, page 2, paragraphs 3-5; page 4, second paragraph; page 7, third paragraph and Fig. 2.)
It would have been obvious to a person of ordinary skill in the art to a cross section of the first path has a first shape having a first side, a second side and a first angle between the first side and the second side, and a cross section of the second path has a second shape having a third side corresponding to the first side, a fourth side corresponding to the second side and a second angle corresponding to the first angle and between the third side and the fourth side, each one of the cross section of the first path and the cross section of the second path is a cross section in a direction perpendicular to a flow direction of the film material and the carrier gas;
the first shape and the second shape are same shapes where a value of the first angle is equal to a value of the second angle, and a value of a ratio of the first side to the second is equal to a ratio of the third side and the fourth side; because Ohira teaches use of similar shapes linking two paths provides a continuous connection that prevents deposition of particles and change in the flow. (See Ohira, Abstract, page 2, paragraphs 3-5; page 4, second paragraph; page 7, third paragraph and Fig. 2.)
Regarding claim 3, Nakajima teaches the second path (2e) has a substantially rectangular shape. (See Nakajima, Abstract, Figs. 1, 4, and paragraphs 20-27 of Machine Translation.)
Regarding claim 4, Nakajima teaches the nozzle tip section (1b) is integrated with the nozzle main body (1a). (See Nakajima, Abstract, Figs. 1, 4, and paragraphs 20-27 of Machine Translation.)
Regarding claim 6, Nakajima does not explicitly teach the thermal spray device is a cold spray device.
NGK teaches use of a nozzle including an aerosol forming portion in a cold spray application. (See NGK, Abstract, paragraphs 4, 52.) Examiner is considering cold spray to be an art recognized form of thermal spray.(See “What is Cold Spray” article, fourth paragraph.)
It would have been obvious to a person of ordinary skill in the art to use the thermal spray device is a cold spray device, because NGK teaches use of an aerosol forms a coating efficiently in a desired range. (See NGK, Abstract, paragraphs 4, 52.)
Regarding claim 7, Nakajima teaches nozzle tip section (2c, 2e) which is provided in a spray nozzle of a thermal spray device, wherein: said nozzle tip section (2c, 2e) is provided at a tip section (1b) of a nozzle main body (1a) that has a first path (portion between 2a and 2b) through which a film material and a carrier gas pass; and said nozzle tip section has a second path (2b to 2c in Fig. 1, end of second path shown at 2c in Fig. 1and 2e in Fig. 4) which communicates with the first path(portion between 2a and 2b) , the second path (2b to 2c in Fig. 1, end of second path shown at 2c in Fig. 1and 2e in Fig. 4) being broadened at a position apart from a cross-sectional center of the second path(2b to 2c in Fig. 1, end of second path shown at 2c in Fig. 1and 2e in Fig. 4). (See Nakajima, Abstract, Figs. 1, 4, 6, and paragraphs 20-27 of Machine Translation.)
Regarding claim 7, Nakajima teaches a spray nozzle but does not explicitly teach the nozzle tip section provided in a spray nozzle of a thermal spray device. (See Nakajima, Abstract, Figs. 1, 4, 6, and paragraphs 20-27 of Machine Translation.)
NGK teaches use of a nozzle including an aerosol forming portion in a cold spray application. (See NGK, Abstract, paragraphs 4, 52.) Examiner is considering cold spray to be an art recognized form of thermal spray. (See “What is Cold Spray” article, fourth paragraph.)
It would have been obvious to a person of ordinary skill in the art to have the nozzle tip section provided in a spray nozzle of a thermal spray device, because NGK teaches use of thermal spray device would enable the nozzle to be used to produce coatings efficiently. (See NGK, Abstract, paragraphs 4, 52.)
Additionally regarding claim 7, Nakajima teaches a cross section of the first path and a cross section of the second path are same shapes (2b); and the first path has an inner surface which is flush (2b) with an inner surface of the second path. (See Nakajima, Abstract, Figs. 1, 4, and paragraphs 20-27 of Machine Translation.) Examiner is considering the two paths to meet at point 2b in Fig. 1 which shows flush inner surfaces together. Examiner is considering cross section of the first path and a cross section of the second path are same shapes based on a cutting plane of the cross section extending in a lengthwise direction and perpendicular to either segment 2ca or 2cb. The cross-section on the outside half (left side) of the first path (2b) in Fig. 2 would be the same as the cross-section of the outside half (left side) of the 2ca in Fig 2.
Regarding claim 8, Nakajima teaches a spray device, comprising a spray nozzle recited in claim 1. (See Nakajima, Abstract, Figs. 1, 4, 6, and paragraphs 20-27 of Machine Translation.)
The limitations with respect to claim 1 are included based on the rejection of claim 1 set forth above.
Nakajima does not teach a thermal spray device comprising a spray nozzle.
NGK teaches use of a nozzle including an aerosol forming portion in a cold spray application. (See NGK, Abstract, paragraphs 4, 52.) Examiner is considering cold spray to be an art recognized form of thermal spray. (See “What is Cold Spray” article, fourth paragraph.)
It would have been obvious to a person of ordinary skill in the art to have a thermal spray device, comprising a spray nozzle, because NGK teaches use of thermal spray device would enable the nozzle to be used to produce coatings with the desired properties. (See NGK, Abstract, paragraphs 4, 52.)
The previous rejection of claim 5 under 35 U.S.C. 103 as being unpatentable over JP-2008-110293 A1 to Nakajima et al (hereinafter Nakajima) in view of JP 2019-99841 to NGK (hereinafter NGK) and “What is Cold Spray” Coldspray.com as applied to claim 1 and further in view of US Pat. Pub. No. 20200033269 A1 to Binek et al (hereinafter Binek) is withdrawn based on the amendment to claim 1.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over JP-2008-110293 A1 to Nakajima et al (hereinafter Nakajima) in view of JP 2019-99841 to NGK (hereinafter NGK) and “What is Cold Spray” Coldspray.com and JP 2008-274318 to Akinari Ohira (hereinafter Ohira) as applied to claim 1 and further in view of US Pat. Pub. No. 20200033269 A1 to Binek et al (hereinafter Binek).
Regarding claim 5, Nakajima does not explicitly teach the nozzle tip section is detachable from the nozzle main body.
Binek is directed to the use of a cold spray nozzle.
Binek teaches the nozzle tip section is detachable from the nozzle main body. (See Binek, Abstract, paragraph 14.)
It would have been obvious to a person of ordinary skill in the art to have the nozzle tip section is detachable from the nozzle main body, because Binek teaches use of a threaded connection to allow repeated removal and reattachment of the nozzle. (See Binek, Abstract, paragraph 14.)
The previous rejection of claims 1, 3-4, and 6-7 under 35 U.S.C. 103 as being unpatentable over US Pat. Pub. No. 20100151124 A1 to Xue et al (hereinafter Xue) in view of JP 2019-99841 to NGK (hereinafter NGK) and JP-2008-110293 A1 to Nakajima et al (hereinafter Nakajima) and “What is Cold Spray” Coldspray.com is withdrawn based on the amendment to claim 1.
Claims 1, 3-4, and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over US Pat. Pub. No. 20100151124 A1 to Xue et al (hereinafter Xue) in view of JP 2019-99841 to NGK (hereinafter NGK) and JP-2008-110293 A1 to Nakajima et al (hereinafter Nakajima) and “What is Cold Spray” Coldspray.com and JP 2008-274318 to Akinari Ohira (hereinafter Ohira) .
Regarding claim 1, Xue teaches a spray nozzle (10) for use in a thermal spray device, said spray nozzle comprising: a nozzle main body (between 13 and 25 in Fig. 1) that has a first path (portion starting with 13 in Fig. 1) through which a film material (material inside 21 in Fig. 1) and a carrier gas pass (material inside 17 in Fig. 1); and a nozzle tip section ( nozzle at 24 ) that is provided at a tip section (24) of the nozzle main body (between 13 and 25 in Fig. 1) and has a second path which communicates with the first path, the second path ( 24 in Fig. 1) being broadened at a position apart from a cross-sectional center (between 13 and 25 in Fig. 1) of the second path (portion starting with 24 in Fig. 1). (See Xue, Abstract, Figs. 1-7, and paragraphs 22, 27, 34-35, and 110-112 .)
Xue teaches each one of the cross section of the first path (starting at opening at 13 in Fig. 1) and the cross section of the second path ( starting at opening at 24 in Fig. 1) is a cross section in a direction perpendicular to a flow direction (between 13 and 25 in Fig. 1) of the film material and the carrier gas. (See Xue, Abstract, Figs. 1-7, and paragraphs 22, 27, 34-35, and 110-112 .)
Xue does not explicitly teach a nozzle for use in a thermal spray device.
NGK teaches use of a nozzle including an aerosol forming portion in a cold spray application. (See NGK, Abstract, paragraphs 4, 52.) Examiner is considering cold spray to be an art recognized form of thermal spray. (See “What is Cold Spray” article, fourth paragraph.)
It would have been obvious to a person of ordinary skill in the art to use the nozzle in a thermal spray device; because NGK teaches use of an aerosol forming portion in a thermal spray device provides a coating efficiently in a desired range. (See NGK, Abstract, paragraphs 4, 52.)
Additionally, regarding claim 1 Xue does not explicitly teach a cross section of the first path has a first shape having a first side, a second side and a first angle between the first side and the second side, and a cross section of the second path has a second shape having a third side corresponding to the first side, a fourth side corresponding to the second side and a second angle corresponding to the first angle and between the third side and the fourth side, each one of the cross section of the first path and the cross section of the second path is a cross section in a direction perpendicular to a flow direction of the film material and the carrier gas;
the first shape and the second shape are same shapes where a value of the first angle is equal to a value of the second angle, and a value of a ratio of the first side to the second is equal to a ratio of the third side and the fourth side.
Ohira teaches use of a nozzle including an aerosol forming portion in a cold spray application.
Ohira teaches a cross section of the first path has a first shape having a first side, a second side and a first angle between the first side and the second side, and a cross section of the second path has a second shape having a third side corresponding to the first side, a fourth side corresponding to the second side and a second angle corresponding to the first angle and between the third side and the fourth side, each one of the cross section of the first path and the cross section of the second path is a cross section in a direction perpendicular to a flow direction of the film material and the carrier gas;
the first shape and the second shape are same shapes where a value of the first angle is equal to a value of the second angle, and a value of a ratio of the first side to the second is equal to a ratio of the third side and the fourth side. (See Ohira, Abstract, page 2, paragraphs 3-5; page 4, second paragraph; page 7, third paragraph and Fig. 2.)
It would have been obvious to a person of ordinary skill in the art to a cross section of the first path has a first shape having a first side, a second side and a first angle between the first side and the second side, and a cross section of the second path has a second shape having a third side corresponding to the first side, a fourth side corresponding to the second side and a second angle corresponding to the first angle and between the third side and the fourth side, each one of the cross section of the first path and the cross section of the second path is a cross section in a direction perpendicular to a flow direction of the film material and the carrier gas;
the first shape and the second shape are same shapes where a value of the first angle is equal to a value of the second angle, and a value of a ratio of the first side to the second is equal to a ratio of the third side and the fourth side; because Ohira teaches use of similar shapes linking two paths provides a continuous connection that prevents deposition of particles and change in the flow. (See Ohira, Abstract, page 2, paragraphs 3-5; page 4, second paragraph; page 7, third paragraph and Fig. 2.)
Regarding claim 3, Xue teaches the second path (path including 710) has a substantially rectangular shape. (See Xue, Abstract, Figs. 1-7, and paragraphs 22, 27, 34-35, and 110-112 .)
Regarding claim 4, Xue teaches the nozzle tip section (nozzle at 24) is integrated with the nozzle main body. (See Xue, Abstract, Figs. 1-7, and paragraphs 22, 27, 34-35, and 110-112.)
Regarding claim 6, Xue does not explicitly teach the thermal spray device is a cold spray device.
NGK teaches use of a nozzle including an aerosol forming portion in a cold spray application. (See NGK, Abstract, paragraphs 4, 52.) Examiner is considering cold spray to be an art recognized form of thermal spray. (See “What is Cold Spray” article, fourth paragraph.)
It would have been obvious to a person of ordinary skill in the art to use the thermal spray device is a cold spray device, because NGK teaches use of an aerosol forms a coating efficiently in a desired range. (See NGK, Abstract, paragraphs 4, 52.)
Regarding claim 7, Xue teaches nozzle tip section (nozzle at 24) which is provided in a spray nozzle of a thermal spray device, wherein: said nozzle tip section (nozzle at 24) is provided at a tip section (24) of a nozzle main body (between 13 and 25 in Fig. 1) that has a first path (portion starting with 13 in Fig. 1) through which a film material and a carrier gas pass; and said nozzle tip section has a second path (portion starting with 24 in Fig. 1) which communicates with the first path (portion starting with 13 in Fig. 1), the second path (portion starting with 24 in Fig. 1) being broadened at a position apart from a cross-sectional center of the second path (portion starting with 24 in Fig. 1)). (See Xue, Abstract, Figs. 1, 4, 6, and paragraphs 20-27 of Machine Translation.)
Regarding claim 7, Xue teaches a spray nozzle but does not explicitly teach the nozzle tip section provided in a spray nozzle of a thermal spray device.
NGK teaches use of a nozzle including an aerosol forming portion in a cold spray application. (See NGK, Abstract, paragraphs 4, 52.) Examiner is considering cold spray to be an art recognized form of thermal spray. (See “What is Cold Spray” article, fourth paragraph.)
It would have been obvious to a person of ordinary skill in the art to have the nozzle tip section provided in a spray nozzle of a thermal spray device, because NGK teaches use of thermal spray device would enable the nozzle to be used to produce coatings efficiently. (See NGK, Abstract, paragraphs 4, 52.)
Additionally regarding claim 7, Xue does not explicitly teach a cross section of the first path and a cross section of the second path are same shapes; and the first path has an inner surface which is flush with an inner surface of the second path.
Nakajima teaches a cross section of the first path and a cross section of the second path are same shapes (2b and 2f in Fig. 5); and the first path has an inner surface which is flush (2b) with an inner surface of the second path. (See Nakajima, Abstract, Figs.1, 5-6, and page 2, sixth paragraph; page 4, fifth paragraph; of Machine Translation.) Examiner is considering the two paths to meet at point 2b in Fig. 1 which shows flush inner surfaces together. Examiner is considering cross section of the first path and a cross section of the second path are same shapes based on a cutting plane of the cross section extending in a lengthwise direction and perpendicular to either segment 2ca or 2cb.
It would have been obvious to a person of ordinary skill in the art to include a cross section of the first path and a cross section of the second path are same shapes; and the first path has an inner surface which is flush with an inner surface of the second path, because Nakajima teaches this is a known structure for depositing spray with a nozzle. (See Nakajima, Abstract, Figs.1, 5-6, and page 2, sixth paragraph; page 4, fifth paragraph; of Machine Translation.)
Regarding claim 8, Xue teaches a spray device, comprising a spray nozzle recited in claim 1. (See Xue, Abstract, Figs. 1-7, and paragraphs 22, 27, 34-35, and 110-112 .)
The limitations with respect to claim 1 are included based on the rejection of claim 1 set forth above.
Xue does not teach a thermal spray device comprising a spray nozzle.
NGK teaches use of a nozzle including an aerosol forming portion in a cold spray application. (See NGK, Abstract, paragraphs 4, 52.) Examiner is considering cold spray to be an art recognized form of thermal spray. (See “What is Cold Spray” article, fourth paragraph.)
It would have been obvious to a person of ordinary skill in the art to have a thermal spray device, comprising a spray nozzle, because NGK teaches use of thermal spray device would enable the nozzle to be used to produce coatings with the desired properties. (See NGK, Abstract, paragraphs 4, 52.)
The previous rejection of claim 5 under 35 U.S.C. 103 as being unpatentable over US PAT. NO. 20100151124 A1to Xue et al (hereinafter Xue) in view of JP 2019-99841 to NGK (hereinafter NGK) and “What is Cold Spray” Coldspray.com as applied to claim 1 and further in view of US Pat. Pub. No. 20200033269 A1 to Binek et al (hereinafter Binek) is withdrawn based on the amendment to claim 1.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over US PAT. NO. 20100151124 A1to Xue et al (hereinafter Xue) in view of JP 2019-99841 to NGK (hereinafter NGK) and “What is Cold Spray” Coldspray.com and JP-2008-110293 A1 to Nakajima et al (hereinafter Nakajima) and JP 2008-274318 to Akinari Ohira (hereinafter Ohira) as applied to claim 1 and further in view of US Pat. Pub. No. 20200033269 A1 to Binek et al (hereinafter Binek).
Regarding claim 5, Xue does not explicitly teach the nozzle tip section is detachable from the nozzle main body.
Binek is directed to the use of a cold spray nozzle.
Binek teaches the nozzle tip section is detachable from the nozzle main body. (See Binek, Abstract, paragraph 14.)
It would have been obvious to a person of ordinary skill in the art to have the nozzle tip section is detachable from the nozzle main body, because Binek teaches use of a threaded connection to allow repeated removal and reattachment of the nozzle. (See Binek, Abstract, paragraph 14.)
Response to Arguments
Applicant’s arguments with respect to claims 1 and 3-8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The new reference based on JP 2008-274318 to Akinari Ohira (hereinafter Ohira) which was not presented in previous rejection.
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 KARL V KURPLE whose telephone number is (571)270-3477. The examiner can normally be reached Monday-Friday 8 AM-5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dah-Wei Yuan can be reached on (571) 272-1295. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KARL KURPLE/Primary Examiner
Art Unit 1717
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