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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10 and 27-31 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 recites the limitation “the microstructure of the ceramic body” in lines 1-2. An amendment to claim 1 removed the language “a microstructure of the ceramic body” and replaced the language with “a first microstructure” and “a second microstructure.” It’s unclear if “the microstructure” of claim 10 is referring to “a first microstructure” or “a second microstructure.” It is recommended amending “the microstructure” to – the first microstructure--.
Claim 27 recites the limitation "the TBC" in line 11. Claim 27 recites the limitation "the ceramic body" in line 12. Claim 27 recites the limitation "the substrate" in lines 14-15. There is insufficient antecedent basis for these limitations in the claim. In each instance the claim feature is not established until after language “the” feature is used. It is recommended first actively establishing a feature before referring to “the” feature.
Claims 28-31 depend from a rejected base claim, incorporate the indefinite language of the base claim, and are rejected for the same reasons as the base claim.
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.
Claims 27-30 are rejected under 35 U.S.C. 103 as being unpatentable over Witz et al. [EP2789804, of record, previously cited, “Witz”] in view of Adler et al. [WO97/45381, of record, previously cited, “Adler”].
Witz discloses a method comprising molding a ceramic layer (11), and performing a machining process to modify a size and/or a shape of the ceramic body (requiring minimum machining to the required shape and dimensions; page 3); and securing the ceramic body to a substrate of a component to define at least a portion of a thermal barrier coating (TBC) on the substrate, wherein the component is configured to be installed in a gas turbine engine (ceramic layer is mechanically joined to a metallic layer to thermally protect blades of a gas turbine; pages 2, 3). Witz discloses the foam body includes a dense outer layer formed by contact with the inner surfaces of the mold during foaming and curing of the first mixture, wherein securing the ceramic body to the substrate includes orienting the ceramic body such that the dense outer layer defines an outermost surface of the TBC relative to the substrate (ceramic layer is covered by an extra ceramic layer with a lower porosity, the extra ceramic layer is located on the outside of the ceramic layer; the extra ceramic layer is molded in the mold first; page 3).
Witz discloses the ceramic layer can be a ceramic foam that is molded. Wiltz fails to disclose a first mixture including a ceramic material and a first polymeric foaming composition, foaming and curing the first mixture to create the foam body, and performing heat treatments to remove non-ceramic material and sinter the ceramic material. Witz discloses the foam body can include a dense outer layer and securing the ceramic body to the substrate includes orienting the ceramic body such that the dense outer layer defines and outermost surface of the TBC relative to the substrate (page 3); but fails to disclose the application of a sealing composition to the ceramic body.
Adler discloses a method of making a foam ceramic (page 2), including locating a first mixture within a mold cavity defined by inner surfaces of a mold (page 3), the first mixture including a ceramic material and a first polymeric foaming composition (page 3); retaining the first mixture within the mold cavity for a period of time sufficient to allow the first mixture to foam and cure and thereby produce a foam body having a shape defined by the mold cavity (page 3); performing a one or more heat treatments to remove non-ceramic materials from the foam body and sinter the ceramic material to produce a ceramic body, wherein a microstructure of the ceramic body is based on the first polymeric foaming composition (page 3). Adler discloses changing the porosity of the ceramic webs by melt infiltration wherein a sealing composition (solution) is applied to the pore structure filling the cavities, cracks and pores in the web with a melt that then solidifies (page 5).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the method of Witz by manufacturing the ceramic foam using a process including providing a mixture of ceramic material and polymer foaming composition, allowing the mixture to foam and cure, and performing a heat treatment to remove the non-ceramic material and sinter the ceramic body as taught by Adler in order to product a ceramic foam with high strength with a simple and inexpensive method, and modifying the method of Witz by changing the porosity/density of the outer layer by applying a solution to the ceramic body as taught by Adler in order to create a high strength and uniform pore structure by a simple and inexpensive process.
With respect to claim 28, Adler discloses the dense outer layer is formed by application of the sealing composition, and the sealing composition includes a monosilicate material (calcium silicate, also known as calcium monosilicate).
With respect to claim 29, the claimed thickness of the TBC would be obvious to one of ordinary skill as it is within the ability of one of ordinary skill to select optimal design parameters. Thickness of constituent layers are commonly optimized to influence characteristics of the article being produced.
With respect to claim 30, the claimed relative density and cell porosity would be obvious to one of ordinary skill as Witz discloses a closed cell porosity between 20% and 80%, and Adler discloses the density of the ceramic coating make the ceramic overall very solid therefore it would have been obvious to one of ordinary skill to optimize the density though routine experimentation to achieve the particular characteristics disclosed by Adler.
Allowable Subject Matter
Claims 1 and 3-9, 21-26 are allowed.
Claims 10 and 31 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments, filed 1/9/2026, with respect to the previous rejections under 35 USC 103 have been fully considered and are persuasive. The previous rejections under 35 USC 103 have been withdrawn.
Applicant's arguments filed 1/9/2026 with respect to claim 27 have been fully considered but they are not persuasive. It is noted applicant’s arguments with respect to claim 27 are not commensurate with the scope of the claim. Applicant asserts claim 27 requires features that are not recited in the claim.
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 DANIEL MCNALLY whose telephone number is (571)272-2685. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Orlando can be reached at 571-270-5038. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL MCNALLY/Primary Examiner, Art Unit 1746
DPM
February 21, 2026