Prosecution Insights
Last updated: April 19, 2026
Application No. 18/271,312

TRANSPLANTED THERMAL BARRIER COATING SYSTEM

Non-Final OA §103
Filed
Jul 07, 2023
Examiner
KERNS, KEVIN P
Art Unit
1735
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Oerlikon Metco AG Wohlen
OA Round
3 (Non-Final)
79%
Grant Probability
Favorable
3-4
OA Rounds
2y 8m
To Grant
99%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
1157 granted / 1467 resolved
+13.9% vs TC avg
Strong +21% interview lift
Without
With
+21.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
54 currently pending
Career history
1521
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
46.9%
+6.9% vs TC avg
§102
27.1%
-12.9% vs TC avg
§112
21.6%
-18.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1467 resolved cases

Office Action

§103
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 . 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. 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. 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. Claims 1, 3, 5-7, 9-17, 25-33, and new claim 34 are rejected under 35 U.S.C. 103 as being unpatentable over Strangman et al. (US 2006/0021731) in view of Floyd et al. (US 2007/0036997). Regarding independent claim 1, as well as claims 3, 5, and new claim 34, Strangman et al. disclose a method of forming a cast molded part (abstract; paragraphs [0009]-[0020], [0023], [0033]-[0038], [0048], and [0049]), in which the method comprises the following steps: applying a thermal barrier coating (TBC) system to a sand core, in which the TBC system surrounds the sand core (see paragraph [0037]); inserting the TBC coated sand core into a mold (see paragraph [0038]); and forming a cast iron part in the mold with the inserted TBC coated sand core (see paragraph [0018]), resulting in depositing a molten casting metal into the mold to form the cast molded part that surrounds the TBC system on the sand core (see paragraph [0039]), wherein the TBC system comprises a ceramic layer and a metallic layer, wherein the ceramic layer and the metallic layer are applied with an air plasma spray thermal spray process (see paragraphs [0009] and [0023]). Strangman et al. fail to teach applying the ceramic layer as a gradient layer with selective porosity decreasing from the sand core, wherein the layer applied on the ceramic layer is a porous TBC layer, and a non-porous TBC layer is applied onto the porous TBC layer. However, Floyd et al. disclose a thermal barrier coating (TBC) (abstract; paragraphs [0019]-[0031]; and Figure 2), in which the TBC includes two TBC layers (see Figure 2) in the form of a porous layer (42) and a non-porous layer (44), wherein porosity decreases from the sand core to protect a surface thereof, for the purpose of preventing molten metal penetrating to the ceramic core (see paragraph [0021]). Therefore, it would have been obvious to one of ordinary skill in the art to include a non-porous layer on top of the porous layer, as taught by Floyd et al., into the method of forming a molded part, as disclosed by Strangman et al., in order to prevent molten metal to penetrate to the ceramic core (Floyd et al.; paragraph [0021]). Regarding claims 6, 7, and 25-27, Strangman et al. in view of Floyd et al. do not explicitly disclose the ranges of thickness of the ceramic layer and the metallic layer. Therefore, it would have been obvious to one of ordinary skill in the art to provide the claimed thickness, since selection of thickness would be merely a design choice depending on the type of casting material and size/shape of the cast product to be made. Moreover, it would have been obvious to one of ordinary skill in the art at the time of the invention to choose the instantly claimed ranges through process optimization, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See In re Boesch, 205 USPQ 215 (1980). Regarding claim 9, Strangman et al. disclose that the ceramic layer comprises yttria stabilized zirconia and the metallic layer comprises iron-based steel (paragraphs [0018], [0019], and [0039]). Regarding claim 10, Strangman et al. in view of Floyd et al. fail to explicitly teach a step of preheating the sand core with the thermal spray process. However, it would have been obvious to one of ordinary skill in the art to preheat the sand core to a temperature sufficient in order to provide adhesion of these materials with reduced heat stress based on temperature differential. Regarding claims 11-14 and 28-33, although an adhesion layer of nickel (paragraph [0019]) is added atop the ceramic layer over the sand core, Strangman et al. in view of Floyd et al. fail to teach the ranges of thickness of the adhesion layer, as well as a mixture of metal and polymer that comprises a metal-based polymer composite, including the claimed (metal) Al-based polymers. However, it would have been obvious to provide the claimed amount of the adhesion layer depending on the design choice of the stable structure of the sand core. Moreover, it would have been obvious to one of ordinary skill in the art at the time of the invention to choose the instantly claimed ranges through process optimization, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See In re Boesch, 205 USPQ 215 (1980). In addition, since the combined teachings of Strangman et al. and Floyd et al. disclose ceramic materials suitable for use as layers applied to a sand core, it would have been obvious to select any of these other materials that are suitable for improving casting properties. With regard to the types of materials that are suitable for use, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Regarding claims 15 and 17, the sand core of Strangman et al. comprises silica sand, water, and inert sludge, wherein the core further includes graphite (see paragraph [0013]). Regarding claim 16, Strangman et al. fail to teach anthracite in the sand core. However, since Strangman et al. disclose other materials that are similar to anthracite, it would have been obvious to select any of these other materials that are suitable for improving casting properties. With regard to the types of materials that are suitable for use, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Response to Arguments The examiner acknowledges the applicants’ amendment provided with the request for continued examination received by the USPTO on March 5, 2026. The amendment overcomes the prior objection to claim 1. Claims 18-24 remain withdrawn from consideration as drawn to a non-elected invention. The applicants have added new claim 34. Claims 1, 3, 5-7, 9-17, and 25-34 are currently under consideration in the application. Applicants' arguments filed March 5, 2026 have been fully considered but they are not persuasive. With regard to the applicants’ remarks/arguments on pages 8-14 of the amendment, it is first noted that the examiner has addressed the amendments to independent claim 1 and addition of new claim 34 in the newly underlined portions of the above 35 USC 103 rejection. As to the new limitations of independent claim 1, Strangman et al. disclose that a molten casting material is to be poured into the mold at a temperature sufficient to interdiffuse the bond coat of the thermal barrier coating with the contact surface of the stainless steel during solidification (see paragraph [0039]). Therefore, the applicants’ argument is moot. Regarding applicants’ remarks/arguments throughout pages 8-13 of the REMARKS section, the applicants argue that the 35 USC 103 rejection of Strangman et al. in view of Floyd is improper. The examiner respectfully disagrees. Although the applicants provide a detailed summary addressing the teachings of Strangman et al. regarding the method of coating and use of different mixtures, it is noted that this argument is not commensurate with the scope of the claims. The examiner relies on the scope of the claim limitations to reject the claims, including in newly underlined portions of the 35 USC 103 rejection. In this instance, Strangman et al. only fail to teach a step of applying the ceramic layer as a gradient layer with selective porosity decreasing from the sand core, wherein the layer applied on the ceramic layer is a porous TBC layer, and a non-porous TBC layer is applied onto the porous TBC layer. To cure this deficiency of Strangman et al., Floyd et al. disclose a thermal barrier coating (TBC) (see paragraphs [0019]-[0031]), in which the TBC includes two TBC layers in the form of a porous layer (42) and a non-porous layer (44) in Figure 2, wherein porosity decreases from the sand core to protect a surface thereof, for the purpose of preventing molten metal penetrating to the ceramic core (see paragraph [0021]). Therefore, it would have been obvious to one of ordinary skill in the art to include a non-porous layer on top of the porous layer, as taught by Floyd et al., into the method of forming a molded part, as disclosed by Strangman et al., in order to prevent molten metal to penetrate to the ceramic core (Floyd et al.; paragraph [0021]). In view of the above 35 USC 103 rejection, the reasons set forth in the advisory action mailed February 23, 2026, and the reasons provided in this section that address the arguments provided with the amendment dated March 5, 2026, claims 1, 3, 5-7, 9-17, and 25-34 remain rejected. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN P KERNS whose telephone number is (571)272-1178. The examiner can normally be reached Monday-Friday 8am-430pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached at (571)272-3458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KEVIN P KERNS/Primary Examiner, Art Unit 1735 March 19, 2026
Read full office action

Prosecution Timeline

Jul 07, 2023
Application Filed
Feb 10, 2025
Non-Final Rejection — §103
Aug 11, 2025
Response Filed
Sep 03, 2025
Final Rejection — §103
Feb 05, 2026
Response after Non-Final Action
Mar 05, 2026
Request for Continued Examination
Mar 10, 2026
Response after Non-Final Action
Mar 23, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
79%
Grant Probability
99%
With Interview (+21.1%)
2y 8m
Median Time to Grant
High
PTA Risk
Based on 1467 resolved cases by this examiner. Grant probability derived from career allow rate.

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