DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed on 01/20/2026 has been entered. Claims 1-23 remain pending in the application. Applicant’s amendments to the Specification, Drawings, and Claims have overcome each and every objection previously set forth in the Office Action mailed on 10/20/2025. However, the applicant did not amend or argue against 112(b) rejections made in the said office action. The 112(b) rejections are repeated in the current office action.
Claim Objections
Claims 1-7 are objected to under 37 CFR 1.75 as being a substantial duplicate of claims 8-13. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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 use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: step in claim 2-7, 19, 21, 23.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends 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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, 8, 15 cite “without melting”. However, original disclosure mentions “melting” six times and each time the term is cited as “incipient melting”. The claimed “without melting” comprises any and all types of melting whereas the disclosure is specifically limited to “incipient melting”. The claimed limitation does not have support in the original disclosure.
Claim 8 cites “said machining removes material from the single piece machining preform at the joint”. However, paragraph [28] of the original disclosure describes “The excess material forced out of the joint may be subsequently removed by a grinding or machining operation.” Thus, original disclosure describes machining outside of the joint, not “at the joint” as claimed.
Claims 2-7, 9-14, 16-23 are rejected due to their dependency on independent claims 1, 8, and 15 respectively.
Claim Rejections - 35 USC § 112(b)
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 22, 23 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 22 recites “about”. It is not clear what is the range for about. It is not clear if 1 ton meets the limitation of about ten ton.
Claim 23 recites “about”. It is not clear what is the range for about. It is not clear if 500 degrees or 600 degrees or 695 degrees meets the limitation of about 700 degrees.
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 (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 4-6 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Farris et al., US 20210254474 (hereafter Farris).
Regarding claim 1,
A method of bonding two or more metallic components together, (Abstract teaches a method of fusing two cast portions into a blade.)
each of the two or more metallic components having a bonding surface, ( Paragraph [26] teaches “A further embodiment of any of the foregoing embodiments may additionally and/or alternatively include grinding cut surfaces of the first piece and second piece.” Here cut surface corresponds to bonding surface.)
the method comprising: protecting the bonding surface of each of the two or more metallic components; (Paragraph [54] teaches “An exemplary system 310 includes one or more stages of vacuum pumps (not shown) and gas cylinders (not shown—e.g., inert gas such as Ar, He, and/or N.sub.2 for preventing chemical reaction (e.g. oxidation) of the mating surfaces).”)
applying a force to each of the two or more metallic components to push the bonding surfaces together; (Abstract teaches “The method includes: applying a load across an assembly of a first cast portion of the airfoil and a second cast portion of the airfoil;”)
and simultaneous with applying the force, applying an electric current through the bonding surfaces to joule heat and solid-state bond the bonding surfaces together (Abstract teaches “applying current across a junction of the first cast portion and the second cast portion”. Paragraph [16] teaches “the applying of the load and the applying of the current being simultaneous.”)
without melting to form a single piece. (Paragraph [59] teaches “The contact pressure and current (and any supplemental heating are effective to achieve bonding in the solid state with the temperature not exceeding the melt point of the alloy(s) and not adversely deforming the blade or nucleating stray grain/recrystallization in the case of single crystal components. To avoid melting, the controller may be programmed with the alloy melt points and may monitor temperature via the temperature monitor 350.”)
Regarding claim 4,
“The method of claim 1, wherein the step of protecting the bonding surfaces comprises shielding the bonding surfaces with a noble gas.” (Paragraph [54] in Farris teaches “An exemplary system 310 includes one or more stages of vacuum pumps (not shown) and gas cylinders (not shown—e.g., inert gas such as Ar, He, and/or N.sub.2 for preventing chemical reaction (e.g. oxidation) of the mating surfaces).”)
Regarding claim 5,
“The method of claim 1, wherein the step of protecting the bonding surfaces comprises placing the bonding surfaces in a vacuum.” (Fig. 5 in Farris teaches placing the bonding surfaces in a vacuum chamber 302. )
Regarding claim 6,
The method of claim 1, wherein the step of applying the force comprises using a press to push each of the bonding surfaces of the one or more components together. (Fig. 5 teaches hydraulic ram system 360 presses the surfaces together.)
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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(s) 8, 10-16, 19-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farris et al., US 20210254474 (hereafter Farris), and further in view of Zhang et al., CN 104690414 (hereafter Zhang), and Rudd et al., US 20150021377 (hereafter Rudd).
Regarding claim 8,
A method of bonding two or more metallic components into a single piece structural component, (Abstract teaches a method of fusing two cast portions into a blade.)
each of the two or more metallic components comprising a bonding surface, ( Paragraph [26] teaches “A further embodiment of any of the foregoing embodiments may additionally and/or alternatively include grinding cut surfaces of the first piece and second piece.” Here cut surface corresponds to bonding surface.)
the method comprising: protecting the bonding surfaces of the two or more metallic components from reaction with an environment; (Paragraph [54] teaches “An exemplary system 310 includes one or more stages of vacuum pumps (not shown) and gas cylinders (not shown—e.g., inert gas such as Ar, He, and/or N.sub.2 for preventing chemical reaction (e.g. oxidation) of the mating surfaces).”)
applying a force to the two or more metallic components to push the bonding surfaces together; (Abstract teaches “The method includes: applying a load across an assembly of a first cast portion of the airfoil and a second cast portion of the airfoil;”)
simultaneous with applying the force, passing an electric current through the bonding surfaces (Abstract teaches “applying current across a junction of the first cast portion and the second cast portion”. Paragraph [16] teaches “the applying of the load and the applying of the current being simultaneous.”)
to joule heat and solid-state bond the bonding surfaces together without melting at a joint to form the single piece machining preform, (Paragraph [59] teaches “The contact pressure and current (and any supplemental heating are effective to achieve bonding in the solid state with the temperature not exceeding the melt point of the alloy(s) and not adversely deforming the blade or nucleating stray grain/recrystallization in the case of single crystal components. To avoid melting, the controller may be programmed with the alloy melt points and may monitor temperature via the temperature monitor 350.” Here current corresponds to joule heat.)
wherein the electric current is pulsed (Paragraph [18] teaches “applying of the current comprising: applying pulsed DC power; and varying the pulsed DC power via temperature feedback control.”)
Farris is silent about to induce electroplasticity in the two or more metallic components; and subsequent to forming the single piece machining preform, machining the single piece machining preform to form the single piece structural component, wherein said machining removes material from the single piece machining preform at the joint.
Zhang teaches to induce electroplasticity in the two or more metallic components; (Zhang teaches in paragraph [3] of the attached machine translation “plastic deformation in the process of metal material to which a deformation area by direct current or pulse current exceeds a certain critical value, the material deformation resistance, drops dramatically, obviously improve plasticity phenomenon, called metal electroplasticity.”
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to induce electroplasticity by pulsed current as taught in Zhang to the method in Farris. One of ordinary skill in the art would have been motivated to do so because “the electro-plastic effect can greatly improve the material forming limit, under the conventional condition is difficult to form or material of low plastic deformation processing possible” as taught in paragraph [3] in Zhang.)
Primary combination of references is silent about subsequent to forming the single piece machining preform, machining the single piece machining preform to form the single piece structural component, wherein said machining removes material from the single piece machining preform at the joint.
Rudd teaches subsequent to forming the single piece machining preform, machining the single piece machining preform to form the single piece structural component, wherein said machining removes material from the single piece machining preform at the joint. ( Rudd teaches in paragraph [55] “means to clean the join after it has been formed (such as a vibrator or abrading tool)”)
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to add the step of cleaning the joint by abrading as taught in Rudd to the method in Farris. One of ordinary skill in the art would have been motivated to do so because “Any remaining flux portion adhering to the joint can readily be cleaned off by abrasion and/or vibration treatment” as taught in paragraph [29] in Rudd.
Regarding claim 10,
“The method of claim 8, wherein protecting the bonding surfaces comprises applying a coating to the bonding surfaces.” (Primary combination of references is silent about this.
Rudd teaches placing exothermic flux at the bonding surface and applying heat to form molten flux liquid in Fig. 1. Paragraph [28] teaches “The molten flux coats and cleans the pipe ends by dissolving the oxides on the two pipe ends efficiently.”)
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to add the step of coating as taught in Rudd to the method in Farris. One of ordinary skill in the art would have been motivated to do so in order to coat and clean the bonding surfaces as taught in paragraph [28] in Rudd.
Regarding claim 11,
“The method of claim 8, wherein protecting the bonding surfaces comprises shielding the bonding surfaces with a noble gas.” (Paragraph [54] in Farris teaches “An exemplary system 310 includes one or more stages of vacuum pumps (not shown) and gas cylinders (not shown—e.g., inert gas such as Ar, He, and/or N.sub.2 for preventing chemical reaction (e.g. oxidation) of the mating surfaces).”)
Regarding claim 12,
“The method of claim 8, wherein protecting the bonding surfaces comprises placing the bonding surfaces in a vacuum.”) (Fig. 5 in Farris teaches placing the bonding surfaces in a vacuum chamber 302. )
Regarding claim 13,
“The method of claim 8, wherein applying the force comprises using a press to push the bonding surfaces together.” (Fig. 5 teaches hydraulic ram system 360 presses the surfaces together.)
Regarding claim 14,
“The method of claim 8, wherein the force and the electric current are sufficient to push out between one-hundredth inch and one-tenth inch of metal at the joint around the bonding surfaces.” (Primary combination of references is silent about this.
Rudd teaches forming a flux with 4mm height, placing the flux between two steel pipes, heating the pipes to melt the flux, “The pipes are then moved together a total of 8 mm (4 mm to account for the starting 4 mm gap and 4 mm of forging distance. The molten flux is squeezed out and the pipes fuse to form a weld” as taught in paragraphs [73-74]. Thus, Rudd teaches pushing out 4 mm or 0.15 inch of metal at the joint. Thus, the claimed range of between one-hundredth inch and one-tenth inch is close to the range of 0.15 inch taught in Rudd. MPEP 2144.05-I teaches “A prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (Claimed process which was performed at a temperature between 40°C and 80°C and an acid concentration between 25% and 70% was held to be prima facie obvious over a reference process which differed from the claims only in that the reference process was performed at a temperature of 100°C and an acid concentration of 10%).”)
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to apply force and current to push out between one-hundredth inch and one-tenth inch of metal at the joint as taught in Rudd to the method in Farris. One of ordinary skill in the art would have been motivated to do so because “A forge force is applied, squeezing out the molten flux between the components (e.g. pipe ends), and to achieve high quality welding between the faying surfaces” as taught in paragraph [29] in Rudd.)
Regarding claim 15,
A method of bonding at least two metallic components together and forming a single structural component, each of the at least two components having a bonding surface, the method comprising:
…applying a force to each of the two or more metallic components to push the bonding surfaces together; simultaneous with applying the force, applying an electric current through the bonding surfaces to solid-state bond the at least two components together without melting to form a single piece machining preform; and subsequent to forming the single piece machining preform, machining the single piece machining preform to form the single structural component, wherein said machining removes material from the integrated part (Similar scope to claim 8 and therefore rejected under the same argument.)
.. positioning each of the bonding surfaces immediately adjacent to each other; (Fig. 5 teaches a die 320 to hold the joining pieces together, and ram 360 to apply pressure to the bonding surfaces. Paragraph [59] in Farris teaches that the surfaces are bonded in solid state. It is implied that the bonding surfaces are positioned immediately adjacent to each other so they are bonded in solid state.)
.. to expose a solid-state bond region between the bonding surfaces. ( Primary combination of references is silent about this.
Rudd teaches in paragraph [55] “means to clean the join after it has been formed (such as a vibrator or abrading tool)”. It is implied that the joint is exposed after it is cleaned.)
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to add the step of cleaning the joint as taught in Rudd to the method in Farris. One of ordinary skill in the art would have been motivated to do so because “Any remaining flux portion adhering to the joint can readily be cleaned off by abrasion and/or vibration treatment” as taught in paragraph [29] in Rudd.
Regarding claim 16,
The method of Claim 15, further comprising protecting at least one of the bonding surfaces (Paragraph [54] in Farris teaches “An exemplary system 310 includes one or more stages of vacuum pumps (not shown) and gas cylinders (not shown—e.g., inert gas such as Ar, He, and/or N.sub.2 for preventing chemical reaction (e.g. oxidation) of the mating surfaces).”)
after positioning each of the bonding surfaces immediately adjacent to each other. (Fig. 5 in Farris teaches a die 320 to hold the joining pieces together, and ram 360 to apply pressure to the bonding surfaces. Paragraph [59] in Farris teaches that the surfaces are bonded in solid state. It is implied that the bonding surfaces are positioned immediately adjacent to each other so they are bonded in solid state.)
Regarding claim 19,
“The method of Claim 16, wherein protecting at least one of the bonding surfaces includes shielding at least one of the bonding surfaces by applying a continuous flow of an inert gas across the entire bonding surface being shielded prior to and during at least a portion of the steps of applying a force and applying an electric current.” (Paragraph [64] in Farris teaches “In an exemplary further sequence, the user assembles the pieces into the die and couples the ram to the die. Then, the controller may operate the pump to evacuate the chamber and the gas supply to backfill with inert gas. The controller then causes the hydraulic system to apply the target load and applies a target current while monitoring temperature.”)
Regarding claim 20,
“The method of Claim 16, wherein protecting at least one of the bonding surfaces includes coating the at least one of the bonding surfaces with a protective flux.”(Primary combination of references is silent about this.
Rudd teaches “A method of forge welding includes placing at least two components for welding together, adjacent each other and with an exothermic flux mixture placed between the components” in abstract. Here flux corresponds to the protective flux in the instant claim.)
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to add coating of protective flux as taught in Rudd to the method in Farris. One of ordinary skill in the art would have been motivated to do so because “The molten flux coats and cleans the pipe ends by dissolving the oxides on the two pipe ends efficiently. The exothermic fluxes described herein have the advantage over traditional (non exothermic) flux in that the dissolution rate of the metal oxides coating pipe ends is increased with raised temperature” as taught in paragraph [28] in Rudd.)
Regarding claim 21,
“The method of Claim 16, wherein protecting at least one of the bonding surfaces includes placing each of the at least two components into an inert chamber or a vacuum environment prior to the step of positioning the bonding surfaces immediately adjacent to each other.”
(Paragraph [64] in Farris teaches “In an exemplary further sequence, the user assembles the pieces into the die and couples the ram to the die. Then, the controller may operate the pump to evacuate the chamber and the gas supply to backfill with inert gas. The controller then causes the hydraulic system to apply the target load and applies a target current while monitoring temperature.” Here the chamber is evacuated first, then load is applied to solid state bond the surfaces. It is implied that the bonding surfaces are positioned immediately adjacent to each other during applying pressure and current so they are bonded in solid state.)
Regarding claim 22,
“The method of Claim 15, wherein the force applied to force to each of the two or more metallic components is between about ten and thirty tons.” (Farris teaches a load of 48 Mpa in paragraph [63] which is equivalent to 3.1 ton per square inch.
Thus, the claimed range of between about ten and thirty tons is close to the range taught in Farris. MPEP 2144.05-I teaches “A prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (Claimed process which was performed at a temperature between 40°C and 80°C and an acid concentration between 25% and 70% was held to be prima facie obvious over a reference process which differed from the claims only in that the reference process was performed at a temperature of 100°C and an acid concentration of 10%).”)
Regarding claim 23,
“The method of Claim 15, wherein the step of applying an electric current through the bonding surfaces causes a temperature of the bonding surfaces to increase to about seven hundred and two thousand one hundred degrees Fahrenheit (700⁰-2100⁰ F).” (Paragraph [63] in Farris teaches “the current was controlled to limit temperature to 2,300° F”. Thus, the claimed range of about seven hundred to two thousand one hundred degrees Fahrenheit is close to the range taught in Farris. MPEP 2144.05-I teaches “A prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (Claimed process which was performed at a temperature between 40°C and 80°C and an acid concentration between 25% and 70% was held to be prima facie obvious over a reference process which differed from the claims only in that the reference process was performed at a temperature of 100°C and an acid concentration of 10%).”)
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farris, Rudd, and Zhang as applied to claim 8 above, and further in view of Routledge, US 9120173 (hereafter Routledge).
“The method of claim 8, wherein protecting the bonding surfaces comprises plating the bonding surfaces with a noble metal.” (Primary combination of references is silent about this.
Routledge teaches “Whilst silver is considered the primary choice of precious metal for providing a barrier layer that does not form brittle intermetallics, it could be substituted by other elements that do not form brittle intermetallics, such as gold or platinum” in column 7, lines 25-30. Column 3, lines 1-2 teaches “The intermediate layer may be applied by electroplating.”)
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to add plating with noble metal as taught in Routledge to the method in Farris. One of ordinary skill in the art would have been motivated to do so “for providing a barrier layer that does not form brittle intermetallics” as taught in column 7, lines 25-28 in Routledge.
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farris, Rudd, and Zhang as applied to claim 16 above, and further in view of Routledge.
Regarding claim 17,
“The method of Claim 16, wherein protecting at least one of the bonding surfaces includes plating the at least one of the bonding surface with a noble metal.” (Similar scope to claim 9 and therefore rejected under the same argument.)
Regarding claim 18,
“The method of Claim 17, wherein plating at least one of the bonding surfaces includes applying a layer of gold, palladium, or platinum to at least one of the bonding surfaces.” (Primary combination of references is silent about this.
Routledge teaches “Whilst silver is considered the primary choice of precious metal for providing a barrier layer that does not form brittle intermetallics, it could be substituted by other elements that do not form brittle intermetallics, such as gold or platinum” in column 7, lines 25-30. Column 3, lines 1-2 teaches “The intermediate layer may be applied by electroplating.”
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to add plating with noble metal as taught in Routledge to the method in Farris. One of ordinary skill in the art would have been motivated to do so “for providing a barrier layer that does not form brittle intermetallics” as taught in column 7, lines 25-28 in Routledge.)
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farris as applied to claim 1 above, and further in view of Routledge.
“The method of claim 1, wherein the step of protecting the bonding surfaces comprises plating at least one of the bonding surfaces with a noble metal.” (Similar scope to claim 9 and therefore rejected under the same argument.)
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farris as applied to claim 1 above, and further in view of Rudd.
“The method of claim 1, wherein the step of protecting the bonding surfaces comprises applying a coating to at least one of the bonding surfaces.” (Similar scope to claim 10 and therefore rejected under the same argument.)
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farris as applied to claim 1 above, and further in view of Zhang.
“The method of claim 1, wherein the step of applying an electric current is pulsed to induce electro plasticity in the two or more metallic components.” (Similar scope to claim 8 and therefore rejected under the same argument.)
Response to Arguments
Applicant’s arguments filed on 01/20/2026 with respect to claim(s) 1-23 have been considered but are not persuasive.
The applicant amended the independent claims 1, 8, 15 and argued that this makes the claimed invention distinguishable from prior art. However, upon further consideration, a new ground(s) of rejection is made in view of prior art 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 FAHMIDA FERDOUSI whose telephone number is (303)297-4341. The examiner can normally be reached Monday-Friday; 9:00AM-3:00PM; PST.
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, Steven Crabb can be reached at (571)270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FAHMIDA FERDOUSI/ Examiner, Art Unit 3761
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