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 Amendments/ Status of Claims
An amendment, filed 02/05/2026, is acknowledged.
Claim 1 and 11-13 have been amended,
A new claim 48 has been added.
Claim 9-10, and 16-40 are cancelled.
Claims 1-8, 11-15 and 41-48 are currently pending, and therefore, under consideration for this office action.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claims 1-5, 8, 11-13, 14-15, 41-45 and 48 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka Hiroshi [JPH07139424 (A)] (machine translation, provided in the IDS) (Tanaka hereafter) and in view of Gerald J. Bruck et.al. [US20130232749A1] (provided in the IDS) (Gerald hereafter), and further in view of Narita Ryuichi, et.al. [JP2013146753(A)] (machine translation, provided in the IDS) (Narita hereafter).
Regarding claim 1 and 12, Tanaka discloses a piston for a reciprocating piston engine comprising: a piston body comprising a piston form and a superalloy overlay cladding and metallurgically bonded with a portion of the piston form (piston crown to improve the mechanical strength of a portion of a piston facing a combustion chamber in internal combustion engine such as a marine engine, and a nickel-based alloy is cladded and welded to an upper surface of a piston crown constituting an internal combustion engine by a plasma powder welding method) [Section 0006]. Tanaka discloses a superalloy, a nickel-based alloy having excellent heat resistance and wear resistance is used as the powder for overlay welding and Inconel 625TM, a commercially available nickel-based alloy powder as an example [Section 0010].
Tanaka then discloses the superalloy overlay comprising a first weld layer disposed on the piston form and comprising a first plurality of adjoining weld beads (the powder 14 for build-up welding is supplied into the plasma arc by a powder feed gas to be melted, and a weld bead 19 is formed by welding on the upper surface of the piston crown 18, and during this process, a plurality of annular weld beads 19 is formed on the upper surface of the piston crown 18 and is covered with the weld beads 19, [Section 0011] and therefore, sufficient heat resistance can be obtained with a build-up thickness) [Section 0012].
Tanaka is silent about a second weld layer disposed on the first weld layer and comprising a second plurality of adjoining weld beads. Tanaka is also silent about a plurality of heat affected zones of the piston form underlying the first weld layer that are hardened by welding of each of the first plurality of adjoining weld beads are tempered by a positioning of adjoining ones of the first plurality of adjoining weld beads and the plurality of heat affected zones are further tempered by a positioning of the second weld layer.
However, Gerald discloses build-up weld structures for engine components [Section 0001] providing a substrate defining a welding surface and depositing a weld material on the welding surface. Gerald teaches the superalloy overlay comprising a first weld layer disposed on the piston form and comprising a first plurality of adjoining weld beads and a second weld layer disposed on the first weld layer and comprising a second plurality of adjoining weld beads (The depositing of the weld material includes depositing a series of weld passes in side-by-side relation on the welding surface to form a first weld layer, wherein substantially all weld passes forming the first weld layer are deposited in a first pass direction; and depositing a series of weld passes in side-by-side relation on the first layer to form a second weld layer, wherein substantially all weld passes forming the second weld layer are deposited in a second pass direction opposite to the first pass direction) [Section 0005]. Referring to FIG. 1, a build-up weld structure 12 is illustrated and comprise a superalloy, such a superalloy is typically a nickel-based superalloy [Section 0022].
Gerald discloses the structure of a build-up weld structure may be controlled to minimize or reduce crack propagation between adjacent layers formed by weld passes by selecting a direction for the weld passes of each layer with reference to the direction of weld passes of adjacent layers so as to preserve grain extension in a preferred growth direction and to minimize or reduce the onset of polycrystalline solidification and attendant cracking [Section 0021].
Gerald is analogous with Tanaka as both are in the field of build-up welding of a superalloy overlay on a substrate/surface of an engine component, specifically on piston.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the present invention, to have Gerald’s teaching of build-up welding with at least two layers multilayer to modify Tanaka for having a piston overlay to preserve grain growth in a preferred growth direction and to minimize or reduce the onset of polycrystalline solidification and attendant cracking as well as shrinkage.
But Gerald is also silent about a plurality of heat affected zones of the piston form underlying the first weld layer that were hardened by welding of each of the first plurality of adjoining weld beads are tempered by a positioning of adjoining ones of the first plurality of adjoining weld beads and the plurality of heat affected zones are further tempered by a positioning of the second weld layer.
However, Narita discloses temper bead welding is a known welding technique that does not require heat treatment after welding [Section 0004]. Narita discloses a plurality of heat affected zones of the surface of the base material underlying the first weld layer that were hardened by welding of each of the first plurality of adjoining weld beads are tempered by a positioning of adjoining ones of the first plurality of adjoining weld beads (an initial bead 52 (first weld layer) is welded onto a welding base material 51 as shown in FIG. 9, and then a plurality of residual layer beads 53 are superimposed and welded onto the initial bead 52 as shown in FIG. 10. When forming the initial layer bead 52, the vicinity of the welded portion of the welding base material 51 is rapidly heated and cooled, resulting in a quenched state, and a heat-affected zone (hardened area) 54 is formed) [Section 0004, FIG.9]. Narita also discloses the plurality of heat affected zones are further tempered by a positioning of the second weld layer (this heat-affected zone 54 is tempered by the welding heat when he residual layer bead 53 (the second weld layer) is superimposed on and welded onto the initial layer bead 52. Therefore, in temper bead welding, buildup welding is performed and at the same time, the hardened area generated in the weld base material 51 is tempered, thereby strengthening the repaired portion) [Section 0004, FIG.10].
Narita teaches heat is more likely to be applied to the heat-affected zone formed in the weld base material when the weld bead of the initial layer is formed, when the weld bead of the remaining layer is formed. In other words, the heat can be applied to the heat-affected zone of the weld base material not only when forming the first layer of residual weld beads, but also when forming the second and subsequent layers of residual weld beads, thereby ensuring that the heat-affected zone of the weld base material is tempered and maintaining the soundness of the weld base material in good condition [Section 0017].
Narita is analogous with both Tanaka and Gerald, as Narita is also in the field of a build-up welding to form an overlay on an engine part.
Therefore, it would have been further obvious to one of ordinary skill in the art before the effective filling date of the present invention, to have Narita’s teaching of temper bead welding and buildup welding is performed at the same time to modify Tanaka and Gerald for having a build-up reinforced piston that does not require heat treatment after welding as well as to ensure heat-affected zone of the weld base material is tempered and maintaining the soundness of the weld base material in good condition and to improve the resistance of corrosion cracking.
Regarding claims 2, all the discussions above claim 1 are applicable for claims 2, wherein Tanaka already discloses, a plurality of annular weld beads 19 is formed on the upper surface of the piston crown 18 and is covered with the weld beads 19 [Section 0011], in addition, Gerald teaches each of the plurality of layers 12a-d is formed by a plurality of beads or weld passes, and the weld passes as illustrated in FIG. 2, where the first two layers 12a and 12b of the build-up weld structure 12 are shown, with the second layer 12b partially cut away, i.e. at line 13, to provide an exposed view of a portion of the first layer 12a. The exposed weld passes of the first layer 12a, as seen in FIG. 2, comprise a series of side-by-side weld passes identified as first weld passes [Section 0024]. According to Gerald’s FIG. 2, a plurality of adjoining weld beads are formed in partial overlap with respective neighboring weld beads. Gerald teaches the weld passes of each subsequent layer are deposited in a manner so as to preserve a preferred underlying grain orientation of preceding layers [Section 0025].
Therefore, it would have been further obvious to one of ordinary skill in the art before the effective filling date of the present invention, to have Gerald’s teaching to modify Tanaka for having a piston overlay to preserve a preferred underlying grain orientation of preceding layers.
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Regarding claims 3, all the discussions above claim 1 are applicable for claims 3, in addition Tanaka discloses, a weld bead 19 having a thickness of about 2 mm is formed by welding on the upper surface of the piston crown 18 [Section 0011]. As shown in Tanaka’s Fig. 2 and Fig 3, Tanaka further teaches the first plurality of weld beads are ordinally formed starting at a peripheral interface between the superalloy overlay and a relief cut defined in the piston form and ending at an interior location of the relief cut spaced apart from the peripheral interface, wherein the plurality of weld bead 19 are formed in between a peripheral interface and an interior location of the relief cut spaced apart from the peripheral interface [Fig. 2 and Fig. 3].
Therefore, it would have been further obvious to one of ordinary skill in the art before the effective filling date of the present invention, to have Tanaka’s teaching for covering the upper surface of the piston crown.
Regarding claims 4, all the discussions above claim 1 and 3 are applicable for claims 4, in addition as shown in Tanaka’s Fig. 2 and Fig 3, Tanaka further teaches wherein the peripheral interface is located on a cylindrical side surface of the piston form.
Regarding claims 5, and 13, all the discussions above claim 1 are applicable for claims 5 and 13, but Tanaka is silent about the directed energy deposition welding.
Gerald discloses in particular, for superalloy components, a laser cladding operation typically be utilized to perform the repair, with a relatively low heat input to apply metal depositions to a substrate, and avoid altering the material properties of the underlying superalloy component [Section 0003]. Gerald discloses any known process for applying heat to the welding material, may be selected based on the material of the substrate receiving the build-up weld structure, and typical welding methods utilize laser cladding, plasma arc welding, gas tungsten arc welding, electron beam welding, and other similar processes [Section 0039].
With respect to “directed energy deposition”, the paragraph [0027] of the instant application of the disclosure describes “using directed energy deposition (DED) welding techniques in which an energy beam, such as a laser beam or an electron beam, is directed to a substrate material concurrently or in combination with a feedstock material, such as a superalloy powder or superalloy wire feedstock, to directly weld the feedstock with the substrate material upon application. According to this definition, Gerald meets the limitation of directed energy deposition as Gerald discloses any known process for applying heat to the welding material, may be selected, based on the material of the substrate receiving the build-up weld structure, and typical welding methods utilize laser cladding, plasma arc welding, gas tungsten arc welding, electron beam welding, and other similar processes. Gerald further discloses a welding filler material, and such as is typically used for build-up weld structures and/or a welding material typically associated with the afore-mentioned welding methods for applying heat, may be implemented in the build-up welding process [Section 0039], therefore, Gerald’s welding process examples of laser cladding and electron beam welding are similar to directed energy deposition.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the present invention, to have Gerald’s teaching of welding process utilizing laser or electron beam in combination with Tanaka, and Narita, based on the material of the substrate receiving the build-up weld structure for intended use.
Regarding claims 11, all the discussions above claim 1 are applicable for claims 11, Tanaka teaches the first plurality of adjoining weld beads are formed of a superalloy feedstock onto the piston form, the second plurality of adjoining weld beads are formed of the superalloy feedstock onto the first plurality of adjoining weld beads. (the powder 14 for build-up welding is supplied into the plasma arc by a powder feed gas to be melted, and a weld bead 19 is formed by welding on the upper surface of the piston crown 18, and during this process, a plurality of annular weld beads 19 is formed on the upper surface of the piston crown 18 and is covered with the weld beads 19 [Section 0011]).
But Tanaka is silent about the term “direct welding”.
Gerald already discloses the first plurality of adjoining weld beads are formed by a superalloy feedstock onto the piston form, the second plurality of adjoining weld beads are formed the superalloy feedstock onto the first plurality of adjoining weld beads (The depositing of the weld material includes depositing a series of weld passes in side-by-side relation on the welding surface to form a first weld layer, wherein substantially all weld passes forming the first weld layer are deposited in a first pass direction; and depositing a series of weld passes in side-by-side relation on the first layer to form a second weld layer, wherein substantially all weld passes forming the second weld layer are deposited in a second pass direction opposite to the first pass direction) [Section 0005]. Referring to FIG. 1, a build-up weld structure 12 is illustrated and comprise a superalloy, such a superalloy is typically a nickel-based superalloy [Section 0022].
With respect to “direct welding”, the paragraph [0027] of the instant application of the disclosure describes “using directed energy deposition (DED) welding techniques in which an energy beam, such as a laser beam or an electron beam, is directed to a substrate material concurrently or in combination with a feedstock material, such as a superalloy powder or superalloy wire feedstock, to directly weld the feedstock with the substrate material upon application. It is also contemplated that other direct welding techniques may be utilized, such as gas metal arc welding (GMAW) including metal inert gas (MIG) welding and metal active gas (MAG) welding, gas tungsten arc welding (GTAW) or tungsten inert gas (TIG) welding, and other direct welding techniques as will occur to one of skill in the art”. According to this definition, Gerald meets the limitations as Gerald discloses any known process for applying heat to the welding material, may be selected, based on the material of the substrate receiving the build-up weld structure, and typical welding methods utilize laser cladding, plasma arc welding, gas tungsten arc welding, electron beam welding, and other similar processes. Gerald further discloses a welding filler material, and such as is typically used for build-up weld structures and/or a welding material typically associated with the afore-mentioned welding methods for applying heat, may be implemented in the build-up welding process [Section 0039], therefore, Gerald’s welding process examples are similar to direct welding, and is further supported by the evidentiary reference of Abdollah, as shown below.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the present invention, to have Gerald’s teaching of different welding process for applying heat in combination with Tanaka, and Narita, based on the material of the substrate receiving the build-up weld structure for intended use.
Regarding claims 8 and 41, all the discussions above claim 1 are applicable for claims 8 and 14, wherein, Tanaka teaches a superalloy overlay of plurality of annular weld beads 19 is formed on the upper surface of the piston crown 18 and is covered with the weld beads 19 [Section 0011], but Tanaka is silent about the superalloy overlay comprising a first weld layer and a second weld layer, therefore, Tanaka is silent about the first plurality of weld beads are offset at an angle relative to the second plurality of weld beads.
However, Gerald discloses the first plurality of weld beads are offset at an angle relative to the second plurality of weld beads (depositing a series of weld passes in side-by-side relation on the welding surface to form a first weld layer, wherein substantially all weld passes forming the first weld layer are deposited in a first pass direction; and depositing a series of weld passes in side-by-side relation on the first layer to form a second weld layer, wherein substantially all weld passes forming the second weld layer are deposited in a second pass direction opposite to the first pass direction) [Section 0005]. As Gerald’s first layer and second layer are opposite to each other therefore, the first plurality of weld beads are offset at an angle of 180 degrees relative to the second plurality of weld beads, which is within the as recited range of the instant claim.
Gerald discloses the structure of a build-up weld structure may be controlled to minimize or reduce crack propagation between adjacent layers formed by weld passes by selecting a direction for the weld passes of each layer with reference to the direction of weld passes of adjacent layers so as to preserve grain extension in a preferred growth direction and to minimize or reduce the onset of polycrystalline solidification and attendant cracking [Section 0021].
Therefore, it would have been further obvious to one of ordinary skill in the art before the effective filling date of the present invention, to have Gerald’s teaching of build-up welding with at least two layers modify Tanaka for having a piston overlay to preserve grain extension in a preferred growth direction and to minimize or reduce the onset of polycrystalline solidification and attendant cracking.
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Regarding claims 14 and 15, all the discussions above claim 1 are applicable for claims 14 and 15, wherein Tanaka teaches a superalloy overlay of plurality of annular weld beads 19 is formed on the upper surface of the piston crown 18 and is covered with the weld beads 19 [Section 0011], but Tanaka is silent about the superalloy overlay comprising a first weld layer and a second weld layer, and therefore, Tanaka is silent about the first plurality of weld beads extend along a corresponding plurality of parallel curves the second plurality of weld beads extend along a corresponding second plurality of parallel curves.
However, Gerald discloses the first plurality of weld beads extend along a corresponding plurality of parallel curves the second plurality of weld beads extend along a corresponding second plurality of parallel curves as shown in the FIG.2, wherein the first two layers 12a and 12b of the build-up weld structure 12 are shown, with the second layer 12b partially cut away, i.e. at line 13, to provide an exposed view of a portion of the first layer 12a. The exposed weld passes of the first layer 12a, as seen in FIG. 2, comprise a series of side-by-side weld passes identified as first weld passes. Similarly, the weld passes of the second layer 12b comprise a series of side-by-side weld passes identified as second weld passes. Additional weld passes of the first layer 12a underlie and form a welding surface for the weld passes of the second layer12b, and that more or fewer than the illustrated weld passes may be provided to each layer [Section 0024].
Gerald further discloses the weld passes of each subsequent layer, are deposited in a manner so as to preserve a preferred underlying grain orientation of preceding layers.
Therefore, it would have been further obvious to one of ordinary skill in the art before the effective filling date of the present invention, to have Gerald’s teaching to modify Tanaka to preserve a preferred underlying grain orientation of preceding layers in the overlay of the piston surface.
Regarding claims 42, all the discussions above claim 1 are applicable for claims 42, wherein Tanaka discloses a nickel-based alloy having excellent heat resistance and wear resistance is used as the powder for overlay welding Inconel 625TM, a commercially available nickel-based alloy powder as an example [Section 0010], which comprises unified numbering system (UNS) designation N06625, as described in the paragraph [0025] of the instant specification, “a nickel-based superalloy such as unified numbering system (UNS) designation N06625, which is commercially available as INCONEL 625™.”
Regarding claims 43 and 44, all the discussions above claim 1 are applicable for claims 43 and 44, in addition, as shown in Tanaka’s Fig. 2 and Fig 3, Tanaka further teaches at least a portion of the superalloy overlay is provided in a relief cut formed in the piston form and the relief cut includes one of a radiused cut and a sloped cut with an incline of 45 degrees or less [FIG. 2 and 3].
[AltContent: textbox (Examiner added a co-ordinate system to compare the inclination of the slope)]
Tanaka’s sloped cut with an incline of less than 45 degrees is within the as recited range of the instant claim.
Regarding claims 45, all the discussions above claim 1 are applicable for claims 43, in addition Tanaka discloses the first plurality of weld beads are formed starting at an interface between the superalloy overlay and the relief cut and proceeding successively away from the interface (during this process, the piston crown 18 is slowly rotated to form a plurality of annular weld beads 19 on the upper surface of the piston crown 18 from the inner peripheral portion (an interface) to the outer peripheral portion (away from the interface), and the upper surface of the piston crown 18 is covered with the weld beads 19) [Section 0011].
Therefore, it would have been further obvious to one of ordinary skill in the art before the effective filling date of the present invention, to have Tanaka’s teaching for covering the upper surface of the piston crown.
Regarding claims 48, all the discussions above claim 1 are applicable for claims 48, Tanaka teaches the first plurality of adjoining weld beads comprise as least in part a melted and re-frozen combination of a superalloy overlay cladding material and an underlying substrate material of the piston form (for build-up welding is supplied into the plasma arc by a powder feed gas to be melted, and a weld bead 19 is formed by welding on the upper surface of the piston crown 18, Then, during this process, the piston crown 18 is slowly rotated to form a plurality of annular weld beads 19 on the upper surface of the piston crown 18 from the inner peripheral portion to the outer peripheral portion, and the upper surface of the piston crown 18 is covered with the weld beads 19, [Section 0011] and therefore, sufficient heat resistance can be obtained with a build-up thickness) [Section 0012].
Gerald also teaches the first plurality of adjoining weld beads comprise as least in part a melted and re-frozen combination of a superalloy overlay cladding material and an underlying substrate material of the piston form (the build-up weld structure formed of a plurality of layers of weld material, in FIG. 4, wherein the weld layer 112a comprises a first weld layer deposited directly on the welding surface 110, and each weld layer 112a-d is defined by a series of beads or weld passes deposited in side-by-side relation in a predetermined sequence to minimize shrinkage stresses and associated cracking, to avoid highly laterally restrained weld pass locations [Section 0034]. Gerald teaches “lateral restraint" to include a solid structure adjacent to and in contact with a weld bead or pass, that extends outwardly, i.e., in the direction of weld build-up, from a welding surface for the weld pass and that may form an attachment location restraining a substantial portion of the weld pass material to a lateral side of the weld pass as it solidifies. Such lateral restraints can be formed, for example, by structure that acts as a heat sink that cools and causes solidification of a lateral side of the weld pass [Section 0034]).
Narita also discloses the first plurality of adjoining weld beads comprise as least in part a melted and re-frozen combination of a superalloy overlay cladding material and an underlying substrate material of the piston form (in temper bead welding, an initial bead is welded onto a welding base material, and then a plurality of residual layer beads are superimposed and welded onto the initial bead. When forming the initial layer bead, the vicinity of the welded portion of the welding base material is rapidly heated and cooled, resulting in a quenched state, and a heat-affected zone (hardened area) is formed) [Section 0004, FIG.9, FIG. 10]. Narita also discloses the plurality of heat affected zones are further tempered by a positioning of the second weld layer (this heat-affected zone is tempered by the welding heat when the residual layer bead (the second weld layer) is superimposed on and welded onto the initial layer bead. Therefore, in temper bead welding, buildup welding is performed and at the same time, the hardened area generated in the weld base material is tempered, thereby strengthening the repaired portion) [Section 0004, FIG.10]. Narita teaches heat can be applied to the heat-affected zone of the weld base material not only when forming the first layer of residual weld beads, but also when forming the second and subsequent layers of residual weld beads, thereby ensuring that the heat-affected zone of the weld base material is tempered and maintaining the soundness of the weld base material in good condition [Section 0017].
Therefore, it would have been further obvious to one of ordinary skill in the art before the effective filling date of the present invention, to combine Tanaka’s teaching of having weld beads melted and deposited on the upper surface to provide sufficient heat resistance in combination with Gerald’s teaching of formation an attachment location restraining a substantial portion of the weld pass material as it solidifies to minimize shrinkage stresses and associated cracking, as well as Narita’s teaching of superimposed on and welded onto the initial layer bead for ensuring the heat-affected zone of the weld base material is tempered and maintaining the soundness of the weld base material in good condition.
Claim 5, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka Hiroshi [JPH07139424 (A)] (machine translation, provided in the IDS) (Tanaka hereafter) and in view of Gerald J. Bruck et.al. [US20130232749A1] (provided in the IDS) (Gerald hereafter), and further in view of Narita Ryuichi, et.al. [JP2013146753(A)] (machine translation, provided in the IDS) (Narita hereafter) as applied to claim 1 and further in view of Abdollah Saboori, et.al. [Application of Directed Energy Deposition-Based Additive Manufacturing in Repair,” Appl. Sci. 2019, 9, 3316; doi:10.3390/app9163316, Published: 13 August 2019] (Abdollah hereafter).
Regarding claims 5, and 13, all the discussions above claim 1 are applicable for claims 5 and 13, but Tanaka is silent about the directed energy deposition welding.
As shown above, with respect to “directed energy deposition”, the paragraph [0027] of the instant application of the disclosure describes “using directed energy deposition (DED) welding techniques in which an energy beam, such as a laser beam or an electron beam, is directed to a substrate material concurrently or in combination with a feedstock material, such as a superalloy powder or superalloy wire feedstock, to directly weld the feedstock with the substrate material upon application”. According to this definition, Gerald already disclosesthe limitation of directed energy deposition as Gerald discloses any known process for applying heat to the welding material, may be selected, based on the material of the substrate receiving the build-up weld structure, and typical welding methods utilize laser cladding, plasma arc welding, gas tungsten arc welding, electron beam welding, and other similar processes. Gerald further discloses a welding filler material, and such as is typically used for build-up weld structures and/or a welding material typically associated with the afore-mentioned welding methods for applying heat, may be implemented in the build-up welding process [Section 0039], therefore, Gerald’s welding process examples of laser cladding and electron beam welding are similar to directed energy deposition, which is further supported by the evidentiary reference of Abdollah, as shown below.
In addition, Abdollah teaches the Directed Energy Deposition (DED) technology is a proper technique to repair the damaged components as this technology presents a high capability to be employed as a repair technique mainly because of lower residual stresses, higher repeatability, and higher precision in comparison the conventional methods [Page 5, Table 1] and the advantages of this system include its ability to create high resolution features, internal channels, and maintain dimensional control. These technologies are based on a process where the laser beam melts an alloy added onto a substrate. In particular, the delivered material and a layer of the substrate are fused using a laser beam (Figure 1b). This melting process ensures a metallurgical bonding between layer and substrate. The capability to produce fully dense, as well as gradient objects, makes the DED more attractive, in the manufacturing of large and/or functionally graded components [Page 5 and Fig.1]. Abdollah teaches the most common industrial applications of DED to repair various components including piston [Table 4, page 12] and specially a four-stroke marine piston. During the working condition, high level of forces and temperature damage the surface of pistons and repairing these pistons by DED process as an economical and improved resistance of groves against the erosion and corrosion [Page 16-17, Fig. 12].
Abdollah is analogous with both Tanaka Gerald and Narita, as Abdollah is in the field of a metallurgical bonding between an overlayer and substrate/surface of the piston.
Therefore, it would have been further obvious to one of ordinary skill in the art before the effective filling date of the present invention, to have Abdollah’s teaching of DED process welding in combination with Tanaka, Gerald and Narita, for having a piston overlay in a more economical way with a higher precision in comparison with the conventional methods.
Claims 6-7 and 46 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka Hiroshi, et.al. [JPH07139424 (A)] (machine translation, provided in the IDS) (Tanaka hereafter) and in view of Gerald J. Bruck et.al. [US20130232749A1] (provided in the IDS) (Gerald hereafter), and further in view of Narita Ryuichi, et.al. [JP2013146753(A)] (machine translation, provided in the IDS) (Narita hereafter) as applied to claim 1 and further in view of Watanabe Hiroshi, et.al. [JPH11200946A] (machine translation, provided in the IDS) (Watanabe hereafter).
Regarding claims 6 and 7, all the discussions above claim 1 are applicable for claims 6 and 7, in addition as shown in Tanaka’s Fig. 2 and Fig 3, Tanaka further teaches the piston form has an exterior surface including a top surface portion and a side surface portion extending downward from the top surface portion, and the superalloy overlay clads at least a portion of the top surface portion [FIG. 2, 3 and Section 0011]. Tanaka teaches the superalloy overlay clads substantially entire top surface portion (a superalloy overlay of plurality of annular weld beads 19 is formed on the upper surface of the piston crown 18 and is covered with the weld beads 19) [Section 0011].
But Tanaka is silent about the superalloy overlay clads at least a portion of the side surface.
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However, Watanabe discloses a build-up reinforced piston, more particularly, a piston for a diesel engine for land or marine use [Section 0001]. Watanabe’s disclosed piston comprising: a piston base material and the cladding material high nickel-based alloy steel, as the high nickel-based alloy steel used to provide a hardened piston having a piston contact surface that has the expected corrosion resistance and is less susceptible to thermal fatigue cracks caused by the temperature change cycles that accompany starting and stopping of the engine [Section 0008-0009], wherein the upper surface of the build-up reinforces piston having a plurality of layers of high-temperature corrosion-resistant alloy built up on an upper surface thereof [Section 0010] wherein the resistant alloy is a high nickel-based alloy steel containing 58% by weight or more of nickel, 20-23% by weight of chromium, and 8-10% by weight of molybdenum [Section 0011]. Watanabe’s overlay alloy [Watanabe’s Section 0011] has similar composition of Tanaka’s nickel-based super alloy [Tanaka’ 0010].
Watanabe’s FIG. 1 is a front view of a piston of a diesel engine having a build-up reinforced piston having excellent corrosion resistance is built up in two layers on the entire upper surface of the piston 1 in order to prevent high-temperature corrosion on the piston fire contact surface. That is, the high nickel-based alloy steel is built up in 2 stages of the first layer 3 and the second layer 4, and the surface of the second layer 4 is the piston fire contact surface 2 [Section 0015]. As shown in the Watanabe’s FIG. 1, Watanabe’s piston form has an exterior surface including a top surface portion and a side surface portion extending downward from the top surface portion, and the superalloy overlay clads at least a portion of the side surface portion and at least a portion of the top surface portion [FIG.1, Section 0015] (examiner annotated these two surface portion).
Watanabe is analogous with both Tanaka and Gerald, as Watanabe is in the field of a build-up welding to form an overlay on an engine part.
Therefore, it would have been further obvious to one of ordinary skill in the art before the effective filling date of the present invention, to have Watanabe’s teaching to modify Tanaka and Gerald for having a build-up reinforced piston having excellent corrosion resistance layers on the entire upper surface of the piston to prevent high-temperature corrosion on the piston fire contact surface.
Regarding claims 46, all the discussions above claim 1 are applicable for claims 46, but both Tanaka and Gerald is silent about the piston form comprises a steel piston form.
However, Watanabe discloses to secure a property of corrosion resistance, and also to prevent a thermal fatigue crack attendant upon the starting and stopping of an engine by padding a hot corrosion resistant alloy on a top face in multilayers, in this padding piston made up with an overlay on the top face in order to prevent high temperature corrosion in a piston touch-fire surface of a diesel engine. A piston 1 is made up by a low chrome molybdenum steel containing, for example, less than 1 wt.% or so in chromium and less than 0.5 wt.% or so in molybdenum, but in order to deter any high temperature corrosion in a piston touch-fire surface 2 of the piston 1, high nickel radical alloy steel, containing more than 58 wt.% in nickel, 20 to 23 wt.% in chromium and 8 to 10 wt.% in molybdenum is made padding in two layers over the whole surface of the top face of the piston 1 [Abstract].
Therefore, it would have been further obvious to one of ordinary skill in the art before the effective filling date of the present invention, to have Watanabe’s teaching to modify Tanaka and Gerald for having a build-up reinforced piston of the low chrome molybdenum steel piston for an intended use of a piston in a diesel engine.
Claim 47 is rejected under 35 U.S.C. 103 as being unpatentable over Tanaka Hiroshi, et.al. [JPH07139424 (A)] (machine translation, provided in the IDS) (Tanaka hereafter) and in view of Gerald J. Bruck et.al. [US20130232749A1] (provided in the IDS) (Gerald hereafter), and further in view of Narita Ryuichi, et.al. [JP2013146753(A)] (machine translation, provided in the IDS) (Narita hereafter) as applied to claim 1 and further in view of Shinada Manabu, et.al. [JP03267553(A)] (machine translation, provided in the IDS) (Shinada hereafter).
Regarding claims 47, all the discussions above claim 1 are applicable for claims 47, but Tanaka Gerald and Narita are silent about the piston form comprises an aluminum piston form.
However, Shinada teaches to prevent the coagulation of Al alloy from the surface of a piston ring groove to the surface of a piston ring by forming an overlay plated on the surface of the ring of a piston [Abstract]. Shinada then teaches an aluminum alloy piston for use in an internal combustion engine, more particularly to an aluminum alloy piston for an internal combustion engine in which the aluminum alloy is prevented from being transferred and adhered from a ring groove surface of the piston to a piston ring surface.
Shinada is analogous with both Tanaka and Gerald, as Shinada is in the field of forming an overlay on an engine part.
Therefore, it would have been further obvious to one of ordinary skill in the art before the effective filling date of the present invention, to have Shinada’s teaching of aluminum alloy piston to modify Tanaka and Gerald for having a build-up reinforced piston required for an intended use like an internal combustion engine.
Response to Arguments
Applicant’s remark dated 02/05/2026 regarding the 35U.S.C. 103 rejection of the claims in the previous office action, dated 01/27/2026 have been fully acknowledged, but does not seem persuasive.
Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections, in this case, Applicant argued about the reference in general, without specifying any particular claim or limitation that does not taught by the reference. However for this office action, Examiner’s response to the argument is directed for the rejection of the independent claim 1.
Applicant’s arguments, about Tanaka, is “Tanaka's particular plasma powder welding equipment and technique are essential and necessary to its intended operation because they provide a spray mixture of plasma and melted powder resulting in minimal temperature increase on the piston surface to which the spray mixture is directed. This is how Tanaka proposes to solve the problem of cracking, which occur with other high temperature welding equipment and techniques, as well as the problem of iron diffusion, which occurs even with other lower temperature techniques”, this is not persuasive, because,
This is true Tanaka seeks to solve the problem of higher temperatures cracks form during welding [See Tanka’s 0004-0007], but nowhere in the disclosure, Tanaka teaches low or minimum temperature and/or low or minimum temperature process is required, or any temperature during the welding process to prepare disclosed product, rather, Tanaka teaches to lower the Fe dilution ratio from a base material so as to reduce required padding thickness, and to provide a high quality reinforced piston at a low cost by overlaying a nickel base alloy to the upper surface of the piston crown, by plasma powder welding method [ see Tanaka’s Abstract] and Tanaka teaches even when the welding is not involve high temperature still Fe dilution can be happen [see Tanaka’s 0004], and Applicant also agreed “the problem of iron diffusion, which occurs even with other lower temperature techniques” therefore, it further proves Tanaka’s object is not to provide lower temperature welding techniques, as low temperature can also cause problem. Tanaka’s object is to provide a high quality reinforced piston at a low cost by overlaying a nickel base alloy to the upper surface of the piston (which is exactly the first part of the claim 1 recites), that would reduce high temperature cracking and Fe dilution.
Applicant’s arguments, about Gerald is, “Gerald is particularly concerned with a melting and recrystallization problem that can occur when forming a weld structure on a directionally solidified (DS) superalloy casting. See par. 0029. To weld this material, Gerald has to use high temperatures and cannot simply reduce weld temperature. Instead, Gerald seeks to control the direction of grain growth relative to the solid-liquid interface by specifying particular weld directions. See par. 0030.” this is not persuasive, because,
Applicant’s remarks about “to weld this material, Gerald has to use high temperatures and cannot simply reduce weld temperature” is an assumption, regarding the cited paragraph [0029] and [0030] from Gerald, none of these paragraph teaches any welding temperature. Gerald teaches in [0029], a directionally solidified (DS) superalloy casting, defining the substrate to extend the structure of the casting with improved strength and resistance to propagation of cracks (see Gerald’s [0029]) and Gerald teaches in [0030], the process has advantage is related to the fact that during weld solidification grains grow perpendicular to the solid-liquid interface and in the direction of maximum temperature gradient (see Gerald’s [0030]). Therefore, neither Gerald teaches to use high temperatures nor teaches to reduce weld temperature. In addition, Gerald discloses any known process for applying heat to the welding material, may be selected, based on the material of the substrate receiving the build-up weld structure, and typical welding methods utilize laser cladding, plasma arc welding, gas tungsten arc welding, electron beam welding, and other similar processes [Section 0039], including plasma arc welding, which is similar process of Tanaka.
Applicant’s argument about Narita is, “Narita discloses a repair method for defects in steel structures made of carbon steel and low-alloy high-strength steel in reactor pressure vessels, oil and gas pipelines, or offshore structures. See 0002. Because it is infeasible to transport these structures to a furnace, Narita proposes using temper welding to reheat and temper the substrate and prior adjacent welds. See Abstract and 1 0004. To permit this, Narita uses TIG welding or other types of discharge welding. See 0002, 0027, 0031, 0051. All of these are higher temperature techniques which is necessary to achieve Narita's intended substrate and weld heating operations.”, this is not persuasive, because,
As Applicant’s remarks, “all of these are higher temperature techniques which is necessary to achieve Narita's intended substrate and weld heating operations,” is an assumption because Narita does not mention any process temperature, and/or necessity of high temperature. Also Narita is a secondary art and being relied on Narita’s disclosed temper bead welding, a known welding technique that does not require heat treatment after welding [Section 0004], wherein Narita discloses in temper bead welding, an initial bead is welded onto a welding base material, and then a plurality of residual layer beads are superimposed and welded onto the initial bead. When forming the initial layer bead, the vicinity of the welded portion of the welding base material is rapidly heated and cooled, resulting in a quenched state, and a heat-affected zone (hardened area) is formed) [Section 0004, FIG.9, FIG. 10]. Narita also teaches heat can be applied to the heat-affected zone of the weld base material not only when forming the first layer of residual weld beads, but also when forming the second and subsequent layers of residual weld beads, thereby ensuring that the heat-affected zone of the weld base material is tempered and maintaining the soundness of the weld base material in good condition [Section 0017]. Therefore, it would have been obvious to ordinary skill in the art, that Narita’s teaching of performing temper building wherein the applied heat to the heat-affected zone of the weld to temper the hardened area generated, and a buildup welding is performed and at the same time, and Gerald discloses any known process for applying heat to the welding material, may be selected, based on the material of the substrate receiving the build-up weld structure, and typical welding methods utilize laser cladding, plasma arc welding, gas tungsten arc welding, electron beam welding, and other similar processes [Section 0039], therefore, Narita can be incorporated with Tanka and Gerald as both Tanka and Gerald teaches buildup welding, with applying heat, and therefore, their process are capable of performing temper building using that applying heat during the build-up weling, as taught by Narita.
Applicant’s final argument is Combining the prior art, “The proposed combination or modification of Tanaka in view of Gerald and Narita is legally impermissible for multiple reasons. Gearld requires higher temperature welding equipment and techniques to provide the controlled melting and recrystallization that are essential and necessary for its intended operation. Applying those techniques to Tanaka would worsen the cracking and diffusion problems that Tanaka is trying to solve with its specialized low temperature equipment and process. And Tanaka and Narita also cannot be properly combined with or modified by one another. Narita' s intended operation depends on higher temperature welding techniques to heat its substrate. Applying those techniques to Tanaka would worsen the aforementioned problems that Tanaka is trying to solve, impairing its intended operation.” this is not persuasive,
because, in response to applicant's argument that Tanaka, Gerald and Narita are nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, as shown above, Tanaka’s process is not a low temperature technique, because,
With respect to “Tanaka is trying to solve with its specialized low temperature equipment and process”, nowhere in the disclosure Tanaka teaches any specialized low temperature equipment and process. Tanaka even does not teach or mention process temperature or low temperature. In addition, Plasma powder welding is not a low temperature equipment and process as evidenced in an NPL reference, Sonoda H Nakata, et.al. [“Fundamental and practical clad welding by plasma transferred arc”, Yosetsu Gijitsu (Welding Techinque); Journal Volume: 43, Journal Issue: 9, PBd: 1 Sep, 1995] teaches plasma powder build-up welding method, wherein the method uses the principle that powder is supplied into high-temperature plasma arc and the powder is transferred into a melt pool while being melted to form a build-up metal. While the method can be used on almost all metal powder, it also applied to the alloys difficult of being processed by other build-up welding method, such as the Ni-group alloys including Inconel alloys”, therefore, plasma powder build-up welding method is utilizing high-temperature plasma arc and the Ni-group alloys including Inconel alloys powder is transferred into a melt pool (in a molten state), i.e. as Tanaka teaches plasma powder build-up welding method, and Ni-group alloys including Inconel alloys powder, (i.e. the melting point would be same as Sonoda), therefore, Tanaka’s equipment, as well as the process is capable to utilize high-temperature.
Gerald discloses any known process for applying heat to the welding material, may be selected, based on the material of the substrate receiving the build-up weld structure, and typical welding methods utilize laser cladding, plasma arc welding, gas tungsten arc welding, electron beam welding, and other similar processes [Section 0039], including plasma arc welding, which is process of Tanaka.
In addition, Tanaka and Gerald are analogous because, as Tanaka discloses a piston for internal combustion engine, wherein a superalloy is cladded and welded to an upper surface of a piston crown (see Tanaka’s [Section 0006]), Gerald also discloses a superalloy overlay comprising a first weld layer disposed on the piston form and comprising a first plurality of adjoining weld beads and a second weld layer disposed on the first weld layer and comprising a second plurality of adjoining weld beads (see Gerald’s [Section 0005, FIG.1]). Therefore, both prior art teach build-up welding process for an overlay cladding on a piston surface. Tanaka discloses a nickel-based alloy (see Tanaka’s [Section 0006]), Gerald teaches a superalloy is typically a nickel-based superalloy (see Gerald’s [Section 0022]), Therefore, both teach Ni-based superalloy overlay. Gerald discloses any known process for applying heat to the welding material, may be selected, based on the material of the substrate receiving the build-up weld structure, and typical welding methods utilize laser cladding, plasma arc welding, gas tungsten arc welding, electron beam welding, and other similar processes [Section 0039], including plasma arc welding, which is process of Tanaka. Therefore, both teach similar welding process can be applied. Tanaka teaches to improve welding cracks at high temperatures [see Tanaka’s 0004], Gertald teaches a build-up weld structure to minimize or reduce crack propagation between adjacent layers formed by weld passes by selecting a direction for the weld passes of each layer [Section 0021] Therefore, both prior art teach to minimize cracks at high temperatures.
With respect to Narita’s intended operation, a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including nonpreferred embodiments. Disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments (see MPEP 2123 [R-5]), in this case, the prior art Narita, teaches temper bead welding along with buildup welding is performed and at the same time, the hardened area generated in the weld base material is tempered, thereby strengthening the repaired portion) [Section 0004, FIG.10], and therefore, analogous with Tanaka and Gerald as Narita is directed to a build-up welding process for an overlay cladding on a surface of the engine part. Narita further teaches heat can be applied to the heat-affected zone of the weld base material not only when forming the first layer of residual weld beads, but also when forming the second and subsequent layers of residual weld beads, thereby ensuring that the heat-affected zone of the weld base material is tempered and maintaining the soundness of the weld base material in good condition [Section 0017]. Narita’s teaching is of performing temper building wherein the applied heat to the heat-affected zone of the weld to temper the hardened area generated, and a buildup welding is performed and at the same time, and Gerald discloses any known process for applying heat to the welding material, may be selected, based on the material of the substrate receiving the build-up weld structure, and typical welding methods utilize laser cladding, plasma arc welding, gas tungsten arc welding, electron beam welding, and other similar processes [Section 0039], therefore, Narita can be combined with Gerald and Tanka and Gerald as both Tanka and Gerald teaches buildup welding, with applying heat, and therefore, their process are capable of performing temper building using that applying heat, as taught by Narita. In addition, Narita further teaches the temper welding reduce the corrosion cracks in the build-up weld structure [Section 0002]. Therefore, Narita has sufficient teaching to combine with Tanaka and Gerald for having the build-up weld structure to provide a resistance to high temperature cracking, as well as to ensure heat-affected zone of the weld base material is tempered and maintaining the soundness of the weld base material in good condition and to improve the resistance of corrosion cracking.
Therefore, rejections of the claims 1-8, 11-15 and 41-47 have been maintained however rewritten due to the amendments of the claim and new claim 48 is also subjected to the 35U.S.C. 103 rejection (please check the section of the 35U.S.C. 103 rejection associated with this office action for further details).
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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 NAZMUN NAHAR SHAMS whose telephone number is (571)272-5421. The examiner can normally be reached M-F 11:00 AM-7:00PM (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sally Merkling can be reached on (571)2726297. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NAZMUN NAHAR SHAMS/Examiner, Art Unit 1738
/SALLY A MERKLING/SPE, Art Unit 1738
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