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 .
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-18 in the reply filed on 12/02/25 is acknowledged. The traversal is on the ground(s) that (a) the inventions must be independent and distinct as claimed and (b) that there would be a serious burden on the Examiner if restriction were not required. This is not found to be persuasive because:
In response to (a) that the inventions the inventions must be independent and distinct as claimed; the position that these are independent and distinct inventions is based on the following criteria: Distinctness of structure and method of making: A composite preform has a specialized structure that can be made by several different methods. The Office considers these to have different structures, modes of operation, and effects. Because they are different structures, searching the prior art for a composite preform takes a different approach than searching for the method of making it thereby creating a "serious search and/or examination burden."
In response to (b) Applicant’s traversal arguing that no serious burden exists for examining Groups I and II together; The Office contends that an Examiner generally maintains a restriction requirement by focusing on the separate classification and divergent fields of search. As stated above for (a) the groups are classified in different subclasses, or represent different statuses in the art, which constitutes prima facie showing of a serious burden. The preform be classified in D03D while the method of making said preform B29C in various subclasses. To properly examine both Groups I and II, they would need to look in different areas, requiring different search queries and strategies, which exceeds the scope of a single, efficient examination. While a thorough search can span multiple classes, the MPEP requires that restriction is proper when the inventions are distinct and searching them together is burdensome.
The requirement is still deemed proper and is therefore made FINAL.
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 1-18 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 1 is unclear and confusing because of the number and location of semicolons, commas and “or’s” throughout the claim. For the purposes of examination claim 1 is being understood in its the broadest sense to mean a composite ply, comprising: (1) fill and warp tows in a woven ply, wherein the fill and warp tows comprise ceramic tows, OR (2) bias and optional axial tows in a braided ply, wherein the bias and optional axial tows comprise ceramic tows, and (3) a polymer yarn, i.e., the composite ply comprises (3) and either (1) or (2) (see Applicant’s specification at ¶ 0008: "A composite ply comprises a woven ply or a braided ply and a polymeric yarn"); wherein (A) the polymer yarn is disposed in (1a) the fill tows, warp tows, or both the fill and warp tows, i.e., when the composite ply comprises (1), OR (2a) the bias tows, the optional axial tows, or both the bias and optional axial tows, i.e., when the composite ply comprises (2), OR wherein (8) the polymer yarn is substituted for (1 b) a portion of fill tows, warp tows, or both the fill and warp tows, i.e., when the composite ply comprises (1 ), OR (2b) a portion of bias tows, optional axial tows or a combination of bias and optional axial tows, i.e., when the composite ply comprises (2), OR wherein (C) the polymer yarn is disposed in the form of a ribbon or a net on (1 c) a portion of fill tows, warp tows, or both the fill and warp tows, i.e., when the composite ply comprises (1), OR (2c) a portion of bias tows, optional axial tows or a combination of bias and optional axial tows, i.e., when the composite ply comprises (2); and wherein the polymer yarn bonds with the fill or warp tows or bonds with the bias or optional axial tows to prevent tow displacement in the composite ply.
In claims 1-3, 8, 9 and 13-17, the term “tow” is used inaccurately per industry standards. The term "tow" used in claims 1-3, 8-9 and 13-17 is not defined in the instant specification. The term "tow" used in the fiber industry refers to an untwisted bundle of continuous filaments. However, no use of filaments is disclosed in the specification. Applicant’s specification at ¶ 0039, discloses that "FIG. 1 depicts a woven composite ply 100 that comprises warp tows 102 and weft or fill tows 104 that are woven together and in which the polymer yarn 106 is woven into the warp fibers", i.e., the tow is comprised of fibers, not filaments. Further, Applicant’s specification at ¶ 0055, discloses that "In an embodiment, the tow may contain non-ceramic fibers." Therefore, the term "tow" used in claims 1-3, 8-9 and 13-17 and 19 has been interpreted in the broadest sense to mean a bundle of fibers, such as a yarn, or filaments.
Claim 7 recites the limitation ""wherein the water-soluble polymer is a polyvinyl alcohol, a polyacrylamide, or a combination thereof', however, claim 1 does not disclose of a waler-soluble polymer. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, claim 7 has been interpreted to be dependent on claim 6, which does disclose of a water-soluble polymer.
Claims 5, 6, 10-12 and 18 are objected to as being dependent on a rejected base claim.
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.
Claim(s) 1-4 and 8-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over USPN 6,418,973 issued to Cox et al.
Regarding Claim 1, where Applicant seeks that a composite ply comprising: fill and warp tows in a woven ply; wherein the fill and warp tows comprise ceramic tows; or bias and optional axial tows in a braided ply; wherein the bias and optional axial tows comprise ceramic tows; and a polymer yarn; wherein the polymer yarn is disposed in a) the fill tows, warp tows, or both the fill and warp tows or b) the bias tows, the optional axial tows, or both the bias and optional axial tows; or wherein the polymer yarn is substituted for a) a portion of fill tows, warp tows, or both the fill and warp tows; or b) a portion of bias tows, optional axial tows or a combination of bias and optional axial tows; or wherein the polymer yarn is disposed in the form of a ribbon or a net on a) a portion of fill tows, warp tows, or both the fill and warp tows; or b) a portion of bias tows, optional axial tows or a combination of bias and optional axial tows; and wherein the polymer yarn bonds with the fill or warp tows or bonds with the bias or optional axial tows to prevent tow displacement in the composite ply; Applicant is directed to the teachings of Cox et al., who discloses of a composite ply [column 5 lines 52-55] where they teach that-"Referring now to FIG. 1, woven preform 10, is a party of a multilayer, integrally woven, ceramic composite structure. The preform 10 comprises layers 12 and 14 of fabric woven from yarns comprising fibers of materials such as silicon carbide, silicon nitride, aluminum oxide, mullite, carbon, glass, yttrium aluminum garnet (YAG), polyethylene, and other fibrous materials. The woven yarns are infiltrated or impregnated with a curing agent, such as a curable polymer or a ceramic precursor, for example, that can be cured to form a rigid composite structure (not shown).
At Figure 2, and column 5, lines 55-57 the instant reference shows comprising: fill and warp tows in a woven ply; wherein the fill and warp tows comprise ceramic tows; or bias and optional axial tows in a braided ply; wherein the bias and optional axial tows comprise ceramic tows [col 5 lines 55-57-"The preform 10 comprises layers 12 and 14 of fabric woven from yams comprising fibers of materials such as silicon carbide, silicon nitride, aluminum oxide, mullite ... "; see fig. 2, fill and warp]; and polymer fibers; wherein the polymer fibers are disposed in a) the fill tows, warp tows, or both the fill and warp tows or b) the bias tows, the optional axial tows, or both the bias and optional axial tows; or wherein the polymer fibers are substituted for a) a portion of fill tows, warp tows, or both the fill and warp tows; or b) a portion of bias tows, optional axial tows or a combination of bias and optional axial tows; or wherein the polymer fibers are disposed in the form of a ribbon or a net on a) a portion of fill tows, warp tows, or both the fill and warp tows; or b) a portion of bias tows, optional axial tows or a combination of bias and optional axial tows [column 6 lines 24-29: "The components of the woven preform 10, comprising the layers 12, 14, 26 and the walls 20, may be infiltrated or impregnated with a curing agent that may be in the form of fibers ... [t]he curing agent may comprise a material, such as a curable polymer in uncured form ... "]; and wherein the polymer fibers form a rigid matrix with the fill or warp tows or bonds with the bias or optional axial tows [column 6 lines 27-33:- "The curing agent may comprise a material, such as a curable polymer in uncured form ... curing can be accomplished by exposure to heat or radiation, for example, to form a rigid matrix {not shown) reinforced by the embedded fibers of the warp and weft yams 16 and 18"].
Cox does not disclose of a polymer yarn that bonds with the fill or warp tows or bonds with the bias or optional axial tows to prevent tow displacement in the composite ply. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use a polymer yam in the composite ply, based on the teachings of Cox, since Cox discloses of using polymer fibers, and yam is· simply a long, e.g., continuous, length of fibers. Further, it would have been obvious to a skilled artisan that the polymer yam would bond with the fill or warp tows to prevent tow displacement in the composite ply, based on the teachings of Cox. since Cox discloses of infiltrating the polymer yam in the fill and warp tows and curing the polymer to form a matrix that comprises the fill and warp tows embedded within it.
Regarding Claim 2, where Applicant seeks that the composite ply of Claim 1, wherein the polymer yarn is woven into the fill tows, warp tows, or both the fill and warp tows after the fill and warp tows are first woven into a ply or wherein the polymer yarn is woven into the optional axial tows, bias tows, or both the optional axial and bias tows after the optional axial and bias tows are first braided into a braid; Applicant is directed to Cox et al., who discloses of the composite ply of Claim 1, wherein the polymer yam infiltrates both the fill tows the warp tows after the fill and warp tows are first woven into a ply, as discussed above. However, Cox does not disclose that the polymer yam is specifically woven into the fill tows the warp tows. However, it would. have been obvious to one of ordinary skill in the art before the effective filing date of the invention through routine experimentation to infiltrate the fill tows, the warp tows comprise weaving, such that the polymer yam infiltrates the woven ply by weaving the polymer yam into the fill tows the warp tows, in order to form a composite ply where the polymer yam completely encapsulates and covers the fill and warp tows for optimal bonding of the fill and warp tows upon curing the polymer yarn.
Regarding Claim 3, where Applicant seeks that the composite ply of Claim 1, wherein the polymer yarn is heated above its glass transition temperature or is heated above its melting point to soften and bond it with the fill or warp tows or bond it with the bias or optional axial tows; this claim is considered a product by process claim. Product by process claims is not limited to the manipulations of the recited steps, only the structure implied by the steps. "Even though product by process claims is limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product by process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe , 227 USPQ 964, 966 (Fed. Cir. 1985).
Once the Examiner provides a rationale tending to show that the claimed product appears to be the same or similar to that of the prior art, although produced by a different process, the burden shifts to applicant to come forward with evidence establishing an unobvious difference between the claimed product and the prior art product. In re Marosi, 218 USPQ 289, 292 (Fed. Cir. 1983).
Regarding Claim 4, where Applicant seeks that the composite ply of Claim 1, wherein the polymer yarn is operative to bind adjacent plies with the composite ply in a lay-up; Applicant is directed to col 6 lines 27-33 of Cox et al. where they teach that The curing agent comprises a material, such as a curable polymer in uncured form or a ceramic precursor, for example, that can be cured by exposure to heat or light (such as infrared or ultraviolet radiation), for example, to form a rigid matrix for the infiltrated fiber yarns. (not shown) reinforced by the embedded fibers of the warp and weft yarns 16 and 18"; see fig. 3, adjacent plies 12, 14).
Regarding Claim 8, where Applicant seeks that the composite ply of Claim 1, wherein the polymer yarn contacts at least two adjacent fill or warp tows in the composite ply; Applicant is directed to Column 6, lines 24-33, where the instant reference teaches that the components of the woven preform 10, comprising the layers 12, 14, 26 and the walls 20, may be infiltrated or impregnated with a curing agent that may be in the form of fibers. The curing agent may comprise a material, such as a curable polymer in uncured form and curing can be accomplished by exposure to heat or radiation, for example, to form a rigid matrix (not shown) reinforced by the embedded fibers of the warp and weft yams 16 and 18. As such, the polymer yarn contacts all fill and warp tows in the composite ply to form matrix comprising the fill and warp tows.
Regarding Claim 9, where Applicant seeks that the composite ply of Claim 1, wherein the fill or warp tows comprise silicon carbide (SiC), alumina (A1203), mullite (A1203-SiO2), or a combination thereof; Applicant is directed to Column 5, lines 55-57 of the instant reference where they teach that the preform 10 comprises layers 12 and 14 of fabric woven from yams comprising fibers of materials such as carbon, silicon carbide, silicon nitride, aluminum oxide, mullite, glass, yttrium aluminum garnet (YAG), polyethylene, and other fibrous materials.
Regarding Claim 10, where Applicant seeks that the composite ply of Claim 1, wherein the composite ply is incorporated into a preform; Applicant is directed to column 5, lines 52-55, where the instant reference teaches that Figure 1, is a woven preform 10 is a multilayer, integrally woven, ceramic composite structure. The preform 1 O comprises ... "; see fig. 2].
Regarding Claim 11, where Applicant seeks that the composite ply of Claim 10, wherein the preform is subjected to chemical vapor infiltration, polymer infiltration, melt infiltration, or a combination thereof with a ceramic matrix precursor to form a matrix material in the preform; Applicant is directed to Column 6, lines 38-42, where the instant reference teaches that “ the ceramic matrix material can also be added after either initial heat treatment or curing. Such ceramic material can be introduced by chemical vapor infiltration (CVI), or infiltration of a liquid precursor, followed by heat treatment, for example."
Regarding Claim 12, where Applicant seeks that the composite ply of Claim 11, wherein the matrix material comprises SiC, A1203, BN, B4C, Si3N4, MoSi2, SiO2, SiOC, SiNC, and/or SiONC; Applicant is directed to example 5 where the instant reference teaches that "The preforms 110, 130, and 21 O may be heated and infiltrated by a gas, or a combination of gases, that react or decompose upon contact with the heated yarns to form the desired ceramic matrix surrounding the yams. Examples include ... methyltrichlorosilane to form a deposit of SiC on fibers heated above 1100 degrees centigrade"
Regarding Claim 13, where Applicant seeks that the composite ply of Claim 1, wherein the fill tows or the warp tows that the polymer yarn is substituted for are periodically spaced or wherein the bias tows or optional axial tows that the polymer yarn is substituted for is periodically spaced; Cox does not disclose that the polymer yarn substitutes periodically spaced fill or warp tows. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, through routine experimentation to substitute a portion of the fill or warp tows in the woven ply with the polymer yarn, in order to introduce ceramic matrix material inside the woven ply, for example to produce a woven ply made of more than one type of ceramic material. Further, it would have been obvious to one of ordinary skill in the art through routine experimentation to have the substituted fill or warp tows be periodically spaced, in order to produce a ceramic material having specific material properties, e.g., thermal properties, strength, hardness, etc., due to the introduction of another ceramic material into the woven ply desirable for a particular application as taught at Column 1, lines 16-28.
Regarding Claim 14, where Applicant seeks that the composite ply of Claim 1, wherein the fill tows or the warp tows that the polymer yarn is substituted for are randomly spaced or wherein the bias tows or optional axial tows that the polymer yarn is substituted for are randomly spaced; Cox does not disclose that the polymer yarn substitutes periodically spaced fill or warp tows. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, through routine experimentation to substitute a portion of the fill or warp tows in the woven ply with the polymer yarn, in order to introduce ceramic matrix material inside the woven ply, for example to produce a woven ply made of more than one type of ceramic material. Further, it would have been obvious to one of ordinary skill in the art through routine experimentation to have the substituted fill or warp tows be periodically spaced, in order to produce a ceramic material having specific material properties, e.g., thermal properties, strength, hardness, etc., due to the introduction of another ceramic material into the woven ply desirable for a particular application as taught at Column 1, lines 16-28.
Regarding Claim 15, where Applicant seeks that the composite ply of Claim 1, wherein the composite ply displays better edge retention of tows during cutting over a similar ply that does not contain the polymer yarn; Applicant is directed to Cox et al. who discloses of the composite ply of Claim 1, wherein the polymer yarn is cured to form a rigid matrix that encapsulates the fill and warp tows of the composite ply [Column 6, lines 27-33: "The curing agent may comprise a material, such as a curable polymer in uncured form ...curing can be accomplished by exposure to heat or radiation, for example, to form a rigid matrix (not shown) reinforced by the embedded fibers of the warp and weft yarns 16 and 18").
However, Cox et al. does not explicitly disclose that the composite ply has better edge retention of tows during cutting over a similar ply that does not contain the polymer yarn. It would have been obvious to one of ordinary skill before the effective filing date of the invention even though not explicitly set forth, the ply has the same structure and thus would have the same properties of edge retention since Cox discloses that the polymer yarn is used to form a matrix !hat encapsulates the tows, as discussed above.
Regarding Claim 16, where Applicant seeks that the composite ply of Claim 1, wherein the composite ply displays less rotating or twisting distortion of the fill and warp tows or the bias and optional axial tows as compared with a similar ply that does not contain the polymer yarn, when both plies are subjected to equivalent deformation; Cox et al., do not explicitly teach that wherein the composite ply displays less rotating or twisting distortion of the fill and warp tows or the bias and optional axial tows as compared with a similar ply that does not contain the polymer yarn, when both plies are subjected to equivalent deformation; With regards to wherein the composite ply displays less rotating or twisting distortion of the fill and warp tows or the bias and optional axial tows as compared with a similar ply that does not contain the polymer yarn, when both plies are subjected to equivalent deformation, it is the position of the Office that the claimed resultant properties as desired in the aforesaid claims, would be inherent if not obvious to the composite of Cox et al. It is reasonable to presume so, as support for said presumption is found in the use of like materials. The burden is upon Applicant to prove otherwise. In re Fitzgerald 205 USPQ 594. In addition, the presently claimed properties as set forth above, it would obviously have been present once the Cox et al. product is provided. Note In re Best, 195 USPQ at 433, footnote (CCPA 1977) as to the providing of this rejection made above under 35 USC 102. Reliance upon inherency is not improper even though rejection is based on Section 103 instead of Section 102. In re Skoner, et al. (CCPA) 186 USPQ 80.
Regarding Claim 17, where Applicant seeks that the 17. The composite ply of Claim 1, wherein all of the fill tows or all of the warp tows comprise the polymer yarn or wherein all of the optional axial or the bias tows comprise the polymer yarn; Applicant is directed the teachings of Cox et al., who teach that a polymer yarn, in some embodiments, can comprise ceramic particles that, upon heating, at least partially form a ceramic matrix around the ceramic tows [column 6, lines 33-36: "A polymer agent may include optional ceramic particles so that treatment at higher temperatures sinters the ceramic particles into a ceramic matrix around the woven yarns 16 and 18, ... "].
However, Cox does not disclose that all of either the fill or warp tows are substituted with the polymer yarn. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention through routine experimentation to substitute a portion either all of the fill tows or all of the warp tows of the woven ply with the polymer yarn, in order to introduce ceramic matrix material inside the woven ply, for example to produce a woven ply made of more than one type of ceramic material. Further, it would have been obvious to one of ordinary skill in the art through routine experimentation to have substituted all of the fill tows or all of the warp tows for the polymer yarn, in order to produce a ceramic material having specific material properties across a direction of the woven ply, e.g., thermal properties, strength, hardness, etc., due to the introduction of another ceramic material into the woven ply desirable for a particular application as taught by Cox et al., at column 1, lines 16-28.
Regarding Claim 18, where Applicant seeks that an article manufactured from the composite ply of Claim 1; Applicant is directed to column 2, lines 57-61 of the Cox et al., reference which teaches that the present invention comprises an integrally woven 3-dimensional ceramic composite structure with internal channels aligned in the warp weaving direction. The composite includes a multilayer fabric woven from yarns of fibers.
Claim(s) 3 and 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over USPN 6,418,973 issued to Cox et al. in view of USPUB 2019/0359531A1 issued to Engel et al.
Regarding Claim 3, where Applicant seeks that the composite ply of Claim 1, wherein the polymer yarn is heated above its glass transition temperature or is heated above its melting point to soften and bond it with the fill or warp tows or bond it with the bias or optional axial tows; this claim is considered a Product by process claim. As stated above but as Engel et al. teach the same it will be rejected here as well.
Cox et al., discloses of the composite ply of Claim 1, wherein the polymer yam is cured by heating to form a rigid matrix !hat encapsulates the fill and warp tows [column 6, lines 27-33: "The curing agent may comprise a material, such as a curable polymer in uncured form ... curing can be accomplished by exposure to heat or radiation, for example, to form a rigid matrix (not shown) reinforced by the embedded fibers of the warp and weft yarns 16 and 18"].
Cox discloses that the composite ply is used to form a ceramic matrix composite article [Column 2, lines 57-61: "The present invention comprises an integrally woven 3-dimensional ceramic composite structure with internal channels aligned in the warp weaving direction. The composite includes a multilayer fabric woven from yarns of fibers ... "; Column 6, lines 38-42: "Ceramic matrix material can also be added after either initial heat treatment or curing. Such ceramic material can be introduced by chemical vapor infiltration (CVI), or infiltration of a liquid precursor, followed by heat treatment, for example"). Cox does not disclose that the polymer yarn is heated above its glass transition temperature or melting point to soften and bond it with the fill or warp tows.
However, in a similar invention, Engel et al., discloses of a composite ply for forming a ceramic matrix composite, which comprises a plurality of ceramic fibers that are infiltrated by a polymer heated above its glass transition temperature or melting point to soften and bond it with the fibers to form a rigid matrix ¶ 0004: "An improved method of making a fiber preform for ceramic matrix composite (CMC) fabrication ... "; ¶ 0005: " ... the method comprises laying up a plurality of plies to form a stack, where each ply comprises an arrangement of fibers. The stack is infiltrated with a polymer at an elevated temperature to form an infiltrated stack that is cooled to form a rigid fiber preform"; ¶ 0014: "The. fibers may be ceramic fibers, such as silicon carbide, silicon nitride, or alumina fibers ... "; ¶ 0017: ''Referring again to FIG. 4, after lay-up, the stack is infiltrated 420 with a polymer at an elevated temperature to form an infiltrated stack ... [t]he elevated temperature may be in a range sufficient to soften or melt the polymer ... "). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of Cox and Engle et al., and form a composite ply for forming a ceramic matrix composite, comprising a woven ply which has been infiltrated with a polymer yarn which is heated to cure the polymer yarn to encapsulate the fill and warp tows of the woven ply in a rigid matrix, as disclosed by Cox, wherein the polymer yarn is heated above its glass transition temperature or melting point to soften and bond it with the fill or warp tows, based on the teachings of Engel et al., since Engel et al., discloses of a similar composite ply which is infiltrated by a polymer and heated to soften and melt it to form a rigid matrix for use in forming a ceramic matrix composite, as discussed above.
Regarding Claim 5, where Applicant seeks that the composite ply of Claim 1, wherein the polymer yarn comprises a thermoplastic polymer, a thermosetting polymer, or a combination thereof; Cox does not disclose wherein the polymer yarn comprises a thermoplastic polymer, a thermosetting polymer, or a combination thereof. However, in a similar invention, Engel et al., discloses of a composite ply for forming a ceramic matrix composite, which comprises a plurality of ceramic fibers that are infiltrated by a polymer which can be a thermoplastic polymer, to form a rigid matrix ¶ 0004: "An improved method of making a fiber preform for ceramic matrix composite (CMC) fabrication ... "; ¶ 0005: " ... the method comprises laying up a plurality of plies to form a stack, where each ply comprises an arrangement of fibers. The stack is infiltrated with a polymer at an elevated temperature to form an infiltrated stack that is cooled to form a rigid fiber preform"; ¶ 0014: "Examples include ... polyvinyl alcohol. The fibers may be ceramic fibers, such as silicon carbide, silicon nitride, or alumina fibers ... "; polyvinyl alcohol is a thermoplastic polymer).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have combined the teachings of Cox and Engle et al., to form a composite ply for forming a ceramic matrix composite, comprising a woven ply which has been infiltrated with a polymer yarn which is heated to cure the polymer yam to encapsulate the fill and warp tows of the woven ply in a rigid matrix, as disclosed by Cox et al., wherein the polymer yarn is a thermoplastic polymer, based on !he teachings of Engel et al., since Engel et al., discloses of a similar composite ply which is infiltrated by a thermoplastic polymer, polyvinyl alcohol, to form a rigid matrix for use in forming a ceramic matrix composite, as discussed above.
Regarding Claim 6, where Applicant seeks that the composite ply of Claim 1, wherein the polymer yarn comprises a water-soluble polymer; Applicant is directed to the teachings of Cox et al., who teaches the use of a polymeric yarn but does not specifically disclose that compositionally it is made from a water soluble polymer. This is remedied by Engel et al., who disclose in a similar invention, a composite ply for forming a ceramic matrix composite, which comprises a plurality of ceramic fibers that are infiltrated by a polymer which can be a water-soluble polymer, to form a rigid matrix at ¶ 0004, "An improved method of making a fiber preform for ceramic matrix composite (CMC) fabrication ... "; ¶ 0005-" ... the method comprises laying up a plurality of plies to forma stack. where each ply comprises an arrangement of fibers. The stack is infiltrated with a polymer at an elevated temperature to form an infiltrated stack that is cooled to form a rigid fiber preform"; then lastly at ¶ 0014: "Examples include ... polyvinyl alcohol. The fibers may be ceramic fibers, such as silicon carbide, silicon nitride, or alumina fibers ... ": polyvinyl alcohol is a water-soluble polymer). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have combined the teachings of Cox and Engel et al., and form a composite ply for forming a ceramic matrix composite, comprising a woven ply which has been infiltrated with a polymer yarn which is heated to cure the polymer yarn to encapsulate the fill and warp tows of the woven ply in a rigid matrix, as disclosed by Cox, wherein the polymer yarn is a water-soluble polymer, based on the teachings of Engel et al., since Engel et al., discloses of a similar composite ply which is infiltrated by a water-soluble polymer, polyvinyl alcohol, to form a rigid matrix for use in forming a ceramic matrix composite, as discussed above.
Regarding Claim 7, where Applicant seeks that the composite ply of Claim 1, wherein the water-soluble polymer is a polyvinyl alcohol, a polyacrylamide, or a combination thereof; Cox et al. as set forth above fails to disclose that the composition of the polymeric fiber is a water-soluble polymer is a polyvinyl alcohol, a polyacrylamide, or a combination thereof. This is remedied by the teachings of Engle et al., who teach at ¶ 0014 that the polymeric fiber maybe examples including polyethylene, polyethylene carbonate, polypropylene carbonate, and polyvinyl alcohol.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
USPN 5,961,661 (cited by Applicant on IDS dated 06/20/23) issued to Jessen et al. Jessen et al., discloses a ceramic structure prepared by arranging tows of fugitive and reinforcing fibers parallel to each other to form a fiber preform, contacting the preform with a matrix precursor that deposits around the fibers, removing the preform from the precursor wherein the fibers are coated with precursor, drying the preform to solidify the precursor on the fibers and to convert the precursor to a matrix form and removing the fugitive fibers from the preform to form channels therein) [abstract]. The reinforcing fibers can be made from materials selected from silicon carbide, alumina, and silicon nitride, see col. 2 lines 31-36.
USPN 5,939,216A issued to Kameda et al., cited by Applicant on IDS dated 06/20/23) teach a fiber reinforced ceramic matrix composite comprising a ceramic matrix and a fiber preform integrally assembled therein, said fiber preform comprising fabric elements, said fabric elements are derived from braiding a yarn which is composed of a plurality of fiber bundles formed of a plurality of monofilaments bundled together. Said ceramic matrix comprises a silicon carbide ceramic.
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/Arti Singh-Pandey/
Primary Patent Examiner
Art Unit 1759
asp