DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This action is in reply to the communications filed on 7/10/2026.
The Examiner notes claims 1-9 are currently pending and have been examined; claim 9 has been withdrawn, see below for details; claim(s) 1 is/are currently amended and all other claims are original or previously presented.
Please see the Response to Amendments and Response to Arguments sections below for more details.
Election/Restrictions
Claim 9 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention 2 of the Requirement for Restriction/Election filed on 2/11/2026, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/13/2026.
Claim Rejections - 35 USC § 103
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) 1-2 is/are rejected under 35 U.S.C. 103 as being unpatentable over LEGENMAJER et al. (US 20230286110) in view of Schubert et al. (US 20120252325), hereinafter Legenmajer and Schubert, respectively.
Regarding claim 1. Legenmajer discloses an injection method of injecting an injection medium to a workpiece with gas [Fig 1-2; ¶8; the method is of controlling the blasting system (i.e. injecting of an injection medium to a workpiece with gas], the injection method comprising:
acquiring an injection state of the injection medium with respect to the workpiece [Fig 1-2; ¶10 & ¶13; The method acquires the control data which includes data relating to the blasting material (i.e. injection material)]; and
injecting … the injection medium to the workpiece while controlling supplying of the gas on a basis of the injection state of the injection medium [Fig 3-4; ¶39; Table 2:RowA; the blasting material is injected…
Legenmajer may not explicitly disclose injecting intermittently the injection medium; or wherein the injecting intermittently includes repeating an operation of starting the supplying of the gas and stopping the supplying of the gas with respect to a nozzle by a plurality of times within an amount of injection time of the injection medium.
However Schubert teaches a blasting system [Fig 4; 401] that has an intermittent injection of the injection medium [¶19; the air stream with the injection medium is pulsed (i.e. intermittently injected)]; and wherein the injecting intermittently includes repeating an operation of starting the supplying of the gas and stopping the supplying of the gas with respect to a nozzle by a plurality of times within an amount of injection time of the injection medium [¶19 & ¶42; the supply of gas is started and stopped with respect to the nozzle a plurality of times within an amount of injection time of the injection medium].
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the injecting of injection material as disclosed by Legenmajer to have the injection material intermittently injected and wherein the injecting intermittently includes repeating an operation of starting the supplying of the gas and stopping the supplying of the gas with respect to a nozzle by a plurality of times within an amount of injection time of the injection medium.as taught by Schubert for the purpose of at least partially fluidizing the injection medium [Schubert: Abstract].
Regarding claim 2. Legenmajer as modified teaches the injection method according to claim 1, wherein the injecting includes intermittently injecting the injection medium to the workpiece while adjusting at least one of a flow rate and a pressure of the gas to be supplied on a basis of the injection state of the injection medium [Legenmajer: ¶39; the flow rate and pressure of the gas can be adjusted].
Claim(s) 3-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Legenmajer in view of Schubert further in view of Nervi et al. (US 20140330525), hereinafter Nervi
Regarding claim 3-4. Legenmajer as modified teaches the injection method according to claim 1, wherein: ... and the injecting includes intermittently injecting the injection medium to the workpiece while adjusting an injection time interval in injection of the injection medium per time on a basis of the injection state of the injection medium [Schubert: ¶42; the controller can adjust the time intervals and pressure of the air pulses or intermittent injecting which would be adjusted per the monitoring and control system taught by Legenmajer].
Legenmajer as modified may not explicitly disclose wherein: the acquiring further acquires a residual stress value requested for the workpiece; and the injecting includes intermittently injecting the injection medium to the workpiece while adjusting an injection time interval in injection of the injection medium per time on a basis of the injection state of the injection medium and the residual stress value.
However Nervi teaches a injection system which acquires a residual stress value requested for the workpiece [¶16, ¶147; the injection system can have pre-programed model of how the workpiece is to be processed to achieve a desired residual stress value]; and the injecting includes injecting the injection medium to the workpiece while adjusting an injection time interval in injection of the injection medium per time on a basis of the injection state of the injection medium and the residual stress value [¶16 & ¶147; the injection system can be adjusted in terms of intensity and time to achieve the desired residual stress in a workpiece].
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the injection method as taught by Legenmajer to have acquiring further include acquires a residual stress value requested for the workpiece; and the injecting includes intermittently injecting the injection medium to the workpiece while adjusting an injection time interval in injection of the injection medium per time on a basis of the injection state of the injection medium and the residual stress value as taught by Nervi for the purpose of accurately controlling the induced residual stresses and to reduce or eliminate distortion in the workpiece [Nervi: ¶147].
Regarding claim 5-8. Legenmajer as modified teaches the injection method according to claim 1, wherein: the acquiring further acquires front surface information relating to a front surface state requested for the workpiece; and the injecting includes intermittently injecting the injection medium to the workpiece while adjusting an injection time interval in injection of the injection medium per time on a basis of the injection state of the injection medium and the front surface information.
[Claims 5-8 claim “front surface information relating to a front surface state requested for the work piece” instead of claiming “a residual stress value requested for the workpiece.” However when measuring residual stresses after processing with shot peening, which is the Applicant’s invention as well as Nervi’s, the stresses are formed in the front surface or surface that was peened. The stresses in the surface are determined by measuring the front surface of the workpiece that was processed (Nervi: Fig 3-6; ¶69-¶71). Therefore claims 5-8 are rejected for the same reasons as claims 3-4].
Response to Arguments
Rejections Under 35 U.S.C. 102 & 103
Applicant's arguments, see Pages 5-8, filed 7/10/2026 have been fully considered but are moot in light of the new grounds of rejection.
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 AARON R MCCONNELL whose telephone number is (303)297-4608. The examiner can normally be reached Monday-Thursday 0700-1600 MST [0900-1800 EST] 2nd Friday 0700-1500 MST [0900-1700 EST].
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/AARON R MCCONNELL/Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723
