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 .
Election/Restrictions
Applicant's election without traverse of Group 1 – Claims 1-8 in the reply filed on 20 May 2026 is acknowledged. The requirement is deemed proper and is therefore made FINAL.
Claims 9-27 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected methods for producing composite materials, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 20 May 2026.
Information Disclosure Statement
The information disclosure statements (IDS) submitted between 17 October 2023 and 2 June 2025 were considered by the examiner. The submissions are in compliance with the provisions of 37 CFR 1.97.
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 1 is 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 1 claims spraying a liquid molten metal through a nozzle to produce droplets, directing a stream of ceramic particles to contact the droplets to form a compound material, and obtaining a powder from the droplets. As written, it is unclear if the obtained powder is obtained only from the droplets of molten metal or if it is obtained from the compound material. Paragraph [0088] of the instant specification states that obtaining the powder comprises spheroidizing the compound material into a powder, to obtain, e.g., spheroid grains. This is inconsistent with claim 1 which claims that the powder is obtained from the droplets and not necessarily from the compound material. Claims 2-8 are also rejected as they depend on claim 1.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN113134618 (machine translation) of Zhao.
Claim 1 claims a method comprising: heating a metal into a liquid; spraying the liquid through a nozzle to produce droplets; directing a stream of ceramic particles to contact the droplets to form a compound material, the compound material comprising the droplets and the ceramic particles; and obtaining a powder from the droplets.
Zhao teaches a plasma preparation device for metal-based ceramic 3D printing composite powder in the same field of endeavor as the claimed invention. Zhao discloses heating and melting metal powder to form molten metal droplets and spraying the molten metal with ceramic powder to form a spherical metal based ceramic powder, para[0014]. Therefore, Zhao anticipates all limitations of claim 1.
Claim 2 further limits claim 1 by claiming directing a gas stream at the droplets to modify a surface tension of the droplets.
Zhao teaches that the molten metal droplet is sprayed with the airflow containing the ceramic micropowder during the falling process, so that the ceramic micropowder particles are injected into the molten metal, Para[0015]. Zhao also teaches that the droplets are cooled and solidified by surface tension during the flight, and finally form spherical powders, Para[0009]. Thus, Zhao anticipates all limitations of claim 2.
Claim 3 further limits claim 1 by claiming that obtaining the powder comprises spheroidizing the compound material into a powder.
Zhao teaches that Plasma melting spheroidization technology is considered to be an effective means to obtain dense and regular spherical powder due to its forming principle, Para[0011]. Therefore, Zhao anticipates all limitations of claim 3.
Claim 4 further limits claim 1 by claiming that the metal is aluminum.
Zhao teaches that common metal materials for additive manufacturing include iron-based alloys, titanium-based alloys, nickel-based alloys, aluminum alloys, copper alloys, and precious metals, Para[0004]. Thus, Zhao anticipates all limitations of claim 4.
Claim 5 further limits claim 1 by claiming that the ceramic particles are at least silicon carbide, boron carbide, or titanium diboride.
Zhao discloses that ceramic powder is alumina, chromium oxide, zirconium oxide, silicon nitride, silicon carbide and other ceramic powders. Thus, Zhao anticipates all limitations of claim 5.
Claim 6 further limits claim 1 by claiming that the powder is an additive manufacturing feedstock.
Zhao teaches that the disclosed atomization method is a main method for preparing metal powders for additive manufacturing, Para[0004]. Thus, Zhao anticipates all limitations of claim 6.
Claim 7 further limits claim 1 by claiming that the droplets are directed by a gas stream that comprises at least air, argon, or nitrogen.
Zhao teaches argon and nitrogen gas streams, Para[0030]. Therefore, Zhao anticipates all limitations of claim 7.
Claim 8 further limits claim 1 by claiming that directing the stream of ceramic particles comprises directing the stream of ceramic particles via a gas stream.
Zhao teaches that the molten metal droplet is sprayed with the airflow containing the ceramic micropowder during the falling process, so that the ceramic micropowder particles are injected into the molten metal. Therefore, Zhao anticipates all limitations of claim 8.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB BENJAMIN STILES whose telephone number is (571)272-0598. The examiner can normally be reached Monday-Friday 7:30am - 5:00pm.
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/Keith D. Hendricks/Supervisory Patent Examiner, Art Unit 1733
/JACOB BENJAMIN STILES/Examiner, Art Unit 1733
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