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
Claims 1-16 and 20-23 are pending. Claims 17-19 are canceled. Claims 21-23 are new. Claims 1-9 remain withdrawn.
In view of the amendment, filed 04/14/2026, the following objections and rejections are withdrawn from the previous Office Action mailed 12/29/2025:
Claim and drawings objections
Claim rejections under 35 U.S.C. 112(b)
Claim rejections under 35 U.S.C. 102 and 103
Nonstatutory double patenting rejections
New grounds of rejection are necessitated by claim amendments.
Claim Objections
Claim(s) 10, 21, 22 is/are objected to because of the following informalities: the claims alternate between using the terms “backplate” and “back plate,” where these terms refer to the same element. The same phrasing should be used throughout the claims, and the examiner recommends “backplate” consistent with the specification. Appropriate correction is required.
Claim Interpretation
The examiner notes that the examined claims are directed to a device/apparatus. Recitations directed toward a manner of operating a device do not differentiate apparatus claims from the prior art. MPEP 2114 (II). Furthermore, materials or articles worked upon by an apparatus in its intended use do not impart patentability to the claims. MPEP 2115.
The examiner notes that preamble statements reciting intended use generally do not limit an apparatus claim where the claim body defines a structurally complete invention. See MPEP 2111.02 (II).
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.
Claim(s) 14-16 and 21-23 is/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.
Amended claims 14-16 recite that “the apparatus further comprises the preform…” and recite further limitations of the preform, appearing to specify that “the preform” is a component of the apparatus; however, the specification indicates that the preform is the material worked on by the apparatus in its intended use (the apparatus being a device comprised of the tooling fixture 18 and pin or pin/needle array 24/124/134, Figs. 2 and 4; the preform being an arrangement of fibers removably mounted in the tooling fixture and worked on by the pin array, [0003], the preform ultimately becoming a component for a product such as a gas turbine engine, e.g., an airfoil, blade, etc., [0011]). Generally, the inclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims (MPEP 2115). Features of an apparatus may be recited either structurally or functionally (MPEP 2114) but the preform article itself is not disclosed as a structural or functional feature of the apparatus. As such, the language as drafted is unclear as to the intended scope of the apparatus claims specifically including the preform and its particulars as a limitation.
New claim 21 also recites “a preform” as a limitation of an apparatus, where an apparatus is understood to be composed of structural elements. The limitation renders the apparatus claim indefinite for the reasons set forth above for claim 14. Claims 22-23 depend from claim 21 and thus are rejected for the same reason.
Claim Rejections - 35 USC § 102
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(s) 10-16 and 21-23 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Lehane et al., US 20160215499 A1.
Regarding claim 10, Lehane discloses an apparatus (Figs. 1A-1B) for forming a ceramic matrix composite (for forming pierced holes in a panel or sheet, [0005]; the body of the claim sets forth a structurally complete invention, with the preamble reciting only intended use, such that it is not limiting, MPEP 2111.02(II)), the apparatus comprising:
A tooling fixture (stripper plate 42 and die plate 20, Figs. 1A-1B, [0020]-[0021]) configured to hold a preform (holding panel/sheet 18, Figs. 1A-1B), the tooling fixture comprising:
A first fixture element (stripper plate 42, Figs. 1A-1B, [0021]) comprising a first plurality of infiltration holes (holes 44, Figs. 2A-2C, [0021]);
A pin array (stripper bushings 46 and flat plate 66/57, Figs. 1A-1B) comprising:
A backplate (flat plate 66/57, Figs. 1A-1B, [0021], [0023]);
A plurality of pins (stripper bushings 46, Figs. 1A-1B, [0021]) extending away from the backplate (Figs. 1A-1B), and wherein each pin of the plurality of pins extends lengthwise into an infiltration hole of the first plurality of infiltration holes (Figs. 1A-1B, 2A-2C); and
A plurality of holes formed in the backplate (holes 68 in plate 66/57 through which punches 84 extend, Figs. 1A-1B, [0023]) and the plurality of pins (holes 44 through bushings 46 through which punches 84 extend, Figs. 1A-1B, 2A-2C), and wherein each hole of the plurality of holes extends through the backplate and through a length of a pin of the plurality of pins (Figs. 1A-1B); and
A needle array comprising a plurality of needles (plurality of punches 84, Figs. 1A-1B, [0028], the punches being relatively slender tools for puncturing an article, i.e., needles), wherein each needle of the plurality of needles extends through a hole of the plurality of holes (Figs. 1A-1B, 2A-2C).
Regarding claim 11, Lehane discloses the apparatus of claim 10, wherein the tooling fixture comprises a second fixture element (die plate 20, Figs. 1A-1B) facing the first fixture element (facing stripper plate 42, Figs. 1A-1B) and spaced from the first fixture element (Figs. 1A-1B).
Regarding claim 12, Lehane discloses the apparatus of claim 11, wherein the second fixture element comprises a second plurality of infiltration holes (through holes 24, Figs. 1A-1B, 2A-2C, [0020]) that are aligned with the first plurality of infiltration holes (Figs. 1A-1B, 2A-2C).
Regarding claim 13, Lehane discloses the apparatus of claim 12, wherein each pin of the plurality of pins comprises: a distal end (bottom end 50, Figs. 2A-2C, [0021]); and a shoulder at the distal end (beveled piercing edge 52, Figs. 2A-2C, [0021]-[0022]), wherein the shoulder extends around the hole of the plurality of holes extending through the pin (Figs. 2A-2C, 3A, [0022]).
Regarding claim 14, Lehane discloses the apparatus of claim 13, wherein the apparatus further comprises: the preform (panel/sheet 18, Figs. 1A-1B, 2A-2C) between the first fixture element and the second fixture element (between plates 42 and 20, Figs. 1A-1B).
Regarding claim 15, Lehane discloses the apparatus of claim 14, wherein the preform comprises: a first surface facing the first fixture element (upper surface of 18, Figs. 1A-1B); and a second surface facing the second fixture element (lower surface of 18, Figs. 1A-1B), and wherein the shoulder of each pin of the plurality of pins overlaps with the first surface and contacts the first surface (Figs. 1A-1B, 2A-2C).
Regarding claim 16, Lehane discloses the apparatus of claim 15, wherein each needle of the plurality of needles extends through the first surface and the second surface of the preform (Figs. 1A, 2C, [0028]). As indicated above in the 112 section, the preform as disclosed is material worked on by the claimed apparatus (a particular device defined by its structural features) in its intended use and is not a structural component of the apparatus. As such, the recitation directed to the preform being formed of ceramic fibers is not limiting to the apparatus claim since the preform is not a part of the apparatus. MPEP 2115.
Regarding claims 21-23, Lehane discloses an apparatus (Figs. 1A-1B) comprising:
A preform (panel/sheet 18, Figs. 1A-1B);
A tooling fixture (stripper plate 42 and die plate 20, Figs. 1A-1B, [0020]-[0021]) configured to hold the preform (holding panel/sheet 18, Figs. 1A-1B), the tooling fixture comprising a plurality of infiltration holes extending through the tooling fixture (holes 44, 24, Figs. 2A-2C, [0021]); and
A pin array (stripper bushings 46 and flat plate 66/57, Figs. 1A-1B) comprising:
A backplate facing the tooling fixture (flat plate 66/57, Figs. 1A-1B, [0021], [0023]); and
A plurality of pins (stripper bushings 46, Figs. 1A-1B, [0021]) extending from the backplate (Figs. 1A-1B), and through the plurality of infiltration holes to the preform (Figs. 1A-1B, 2A-2C); and
A plurality of holes extending through the backplate (holes 68 in plate 66/57 through which punches 84 extend, Figs. 1A-1B, [0023]) and through the plurality of pins (holes 44 through bushings 46 through which punches 84 extend, Figs. 1A-1B, 2A-2C), such that each pin of the plurality of pins is hollow (Figs. 1A-1B, 2A-2C),
A needle array comprising a plurality of needles (plurality of punches 84, Figs. 1A-1B, [0028]), wherein each needle extends through the back plate, through a pin of the plurality of pins, and through the preform (Figs. 1A-1B, 2A-2C),
Wherein each pin of the plurality of pins comprises: a shoulder portion at an end of the pin (beveled piercing edge 52, Figs. 2A-2C, [0021]-[0022]), wherein the shoulder portion contacts a surface of the preform and extends around the needle (Figs. 2A-2C, 3A, [0022]).
Claim Rejections - 35 USC § 103
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(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lehane et al., US 20160215499 A1, as applied to claim 15 above, in view of Bobba Venkat et al., US 20190240947 A1.
Regarding claim 16, Lehane discloses the apparatus of claim 15, wherein each needle of the plurality of needles extends through the first surface and the second surface of the preform (Figs. 1A, 2C, [0028]). Lehane does not disclose the preform is formed of ceramic fibers.
In the case that the preform can be shown to constitute a structural feature of the claimed apparatus, in the analogous art of forming perforated composite structures ([0001], [0006], [0024]), Bobba Venkat discloses producing articles with perforations, such as wall panels ([0085]), including fiber reinforcements to provide additional strength to a laminate, the fiber reinforcements including ceramic fibers ([0084]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the wall panel preform of Lehane to be formed of ceramic fibers in order to provide additional strength to the layered product, as taught by Bobba Venkat.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lehane et al., US 20160215499 A1, as applied to claim 10 above, in view of Jinno et al., WO 2022114003 A1 (Espacenet translation attached and referenced below).
Regarding claim 20, Lehane discloses the apparatus of claim 10. Lehane does not disclose the pin array is at least partially formed from a polymer material.
In the analogous art directed to a piercing device for making holes in a workpiece (Abstract), Jinno discloses a pin array (perforating head 100a, Figs. 1a-b, 5) wherein portions of the perforating head, such as a mounting plate 111, are formed of a resin material ([0039], [0088], Fig. 5). Jinno teaches that a resin material is desirable from the standpoint of weight reduction ([0039]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify the pin array was at least partially formed from a lightweight polymer material, such as a resin, as taught by Jinno, as the material type was suitable for use in forming a perforating pin array and is generally moldable, lightweight, readily available, and cost-effective. Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. MPEP 2144.07.
Response to Arguments
Applicant’s arguments with respect to claim(s) 10-16 and 20 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.
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 JENNIFER L GROUX whose telephone number is (571)272-7938. The examiner can normally be reached Monday - Friday: 9am - 5pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Susan Leong can be reached at (571) 270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.L.G./Examiner, Art Unit 1754
/SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754
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